Terms of Website Use
These terms and conditions apply to the Huawei Online Store website https://huaweistore.co.za (the “Website”) operated and maintained by Mustek Limited (“Mustek”, “we”, “us” and “our”), duly appointed by Huawei Technologies Co.,Ltd. (“Huawei”) as an authorised reseller of Huawei products in the Republic of South Africa (“Territory”). These terms and conditions (and our Policies referred to herein) govern the ordering, sale and delivery of Products and the use of the Website and are binding and enforceable against each person that accesses or uses this Website (“you”, “your” or “the user”).
This Website allows you to shop online for a limited range of goods sold by Mustek which are manufactured by Huawei including, amongst others, mobile phones, tablets, routers and wearables (“Products”).
By accessing and using this Website, you acknowledge that you accept these terms and conditions. In the event that you do not understand or accept any of the terms herein, you should discontinue your use of this Website or make contact with Mustek on email@example.com or contact Huawei on their device helpline on : 086 086 11 (“Queries Hotline”).
To the extent permissible by law, Mustek reserves the right to alter these terms and conditions at any time without providing notice. You are responsible for regularly checking for any changes to these terms and conditions. Your continued use of this Website after any such changes are made shall be deemed as your acceptance of said changes and your acknowledgement that you are bound by said changes.
N.B. You must not use this Website if you:
- a)do not agree to these terms and conditions or any Policies forming part hereof; or
- b)do not understand these terms and conditions,
as your continued use of this Website shall be deemed as your acceptance and understanding of the Terms of the Website and all other Policies associated with this Website.
Website Information and Explanation
These terms and conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These terms and conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of Mustek or its partners; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Mustek or its partners; and/or
- serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these terms and conditions (and our Policies referred to herein) because they are important and should be carefully considered before proceeding to use this Website.
Nothing in these terms and conditions are intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Mustek and its partners.
This Website is hosted in the Territory. Although this Website can be accessed from anywhere in the World, the availability of the functions, products, and services discussed, mentioned, supplied, offered and provided through or on this Website is exclusive to the Territory.
Any and all extra-territorial sales will be of no force and effect and any monies that have transferred pursuant to an extra-territorial sale will be refunded to the purchaser in accordance with the Returns and Refund Policy.
All texts, images, music, videos, animations, trademarks, patterns, charts, visual interfaces and code (hereinafter referred to as “Content”), including but not limited to the ideas, design, structure, expression, and display of the aforementioned Content, are legally owned, controlled, or legitimately authorized or licenced to Mustek.
The Website Content is the property of Mustek, its advertisers and/or sponsors and/or is licensed to Mustek. You will not acquire any right, title or interest in or to the Website or the Content displayed thereon. Unless otherwise stated in these Terms of Website Use, you shall not use the Content on this Website for any commercial purpose in any way without Mustek or its licensor’s prior written consent.
Where any of the Content has been licensed to Mustek or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such licensor’s or such third party terms and conditions.
You can download information presented on this Website with regard to Huawei's products and services, provided that:
- the said information is used solely for personal purposes and not for commercial purposes;
- no alterations of any kind are made to such information;
- no further statements and warranties shall be made regarding the said information or documents containing the said information; and
- no statements and/or notifications indicating Huawei's or Mustek’s ownership of and other legal rights and interests regarding said information shall be removed, in part or in full.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these terms and conditions and to be liable and responsible for you and all your obligations under these terms and conditions.
This Website and its Content cannot be used illegally or for any purpose prohibited in these terms of usage, nor can they be used to infringe on the legal rights and interests of other persons or organizations.
You shall not use any form of device, program, or algorithm, including spiders, robots, deep-links, and page-scrapes, or any identical or similar manual program, to access, obtain, copy, or monitor any part of this Website or its Content. Additionally, you shall not visit, obtain, or copy any materials, documents, or information on this Website by any method not provided by this Website.
You shall not attempt to illegally access, decode, or use any other illegal methods to gain unauthorized access to this Website, its Content, or its services. You shall not trace, reverse lookup, decrypt, or decode any customer information on this Website, including but not limited any and all user personal information or order information of users other than yourself.
You shall not violate any of the security mechanisms or authentication measures utilized by or linked to this Website. You shall not probe, scan, or otherwise test for any network weaknesses of this Website or those linked to it, nor launch any form of attack against it.
You agree not to use any device, software, or program to interfere or attempt to interfere with the regular operation of this Website or any transactions performed on this Website, or to interfere or attempt to interfere with the use of this Website by others. You shall not undertake any actions that store unreasonable or disproportionate amounts of data on this Website's infrastructure, system, or network, or on systems or networks that are linked to this Website.
Account, Password and Security
You may need to register or log in to access certain functions or services on this Website. During the registration process your attention will be drawn to these terms and conditions. By registering on the Website, you are acknowledging that you have read, understand ad agree to be bound by these terms and conditions.
You agree and warrant that your username and password shall:
- be used for personal use only;
- not be disclosed by you to any third party; and
- be entered correctly on the login page whenever ordering from the Website, failing which you will be denied access to the Website.
You accept full responsibility for protecting the confidentiality of your account information, including your username and password. You accept full responsibility for any and all actions that occur on or against your account in the event that you fail to maintain the security and confidentiality of said information. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these terms and conditions.
If you find that your account has irregularities or abnormalities, including but not limited to the password being changed or the account being logged in to or used by unauthorized persons, you should notify Mustek immediately on the Queries Hotline. If your failure to maintain the confidentiality of your account information leads to your account being used by others, causing personal damage or loss to yourself or others, Mustek or Huawei will not assume responsibility for such damage and/or losses.
It should be noted that the network link and data transmitted between yourself and this Website are neither completely safe nor confidential, and it is possible that information and data you send to this Website could be intercepted by others. Mustek is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this Website.
Product Purchases and Availability
Only once you have registered as a user on the Website, may you place orders for Products, which orders Mustek may at any time accept or reject in its sole discretion.
Acceptance of any order by Mustek will be signified by delivering the Products to you.
Please note that a binding agreement of sale will only arise upon acceptance by Mustek of your order as signified by delivery of the Product.
If Mustek rejects or cancels your order, Mustek will refund any amount already paid by you to Mustek.
Prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Products, you may return the Products only in accordance with the Returns and Refunds Policy.
Mustek does not guarantee the availability of the Products. Furthermore, the prices of Products may change at any time without notice to you.
While Mustek shall use its best efforts to accurately reflect the Products description, availability, purchase price and delivery charges of Products, should there be any errors of whatsoever nature on the Website, Mustek shall not be liable for any loss, claim or expense relating to a sale of any Product based on such error.
Returns and Refund
Please refer to the "Returns and Refund Policy" in the bar at the bottom of web pages on this Website. The Returns and Refund Policy deals with refunds, replacements, repairs and cancellations related to purchases made on the Website. The Returns and Refund Policy is incorporated by reference (which means that it forms part of these terms and conditions).
Terms of Payment
Please refer to the "Terms of Payment Policy” in the bar at the bottom of web pages on this Website. The Terms of Payment are incorporated by reference (which means that it forms part of these terms and conditions).
Please refer to the "Delivery Policy" in the bar at the bottom of web pages on this Website. The Delivery Policy is incorporated by reference (which means that it forms part of these terms and conditions).
Reservation of Rights
Mustek reserves the right to perform the following actions at any time without giving notice:
- suspend or terminate operation of, or access to, all or part of this Website at any time, irrespective of the reason;
- amend or alter all or part of the Content of this Website as well as any applicable policies, terms, or clauses; and/or
- suspend operation of all or part of the Website for the purposes of maintenance, alteration of errors, or other such changes at regular or irregular intervals.
THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION ON THE WEBSITE.
MUSTEK DOES NOT GUARANTEE THE AVAILABILITY, CONTINUITY, AND ACCESSIBILITY OF THIS WEBSITE, ITS CONTENT, OR ITS SERVICES. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN 'AS IS' BASIS. YOU, AS THE USER, BEAR ALL RESPONSIBILITIES FOR USAGE OF THIS WEBSITE AND ANY WEBSITE LINKED TO IT. SHOULD YOU FEEL DISSATISFIED WITH ALL OR ANY PART OF THIS WEBSITE, YOUR ONLY COURSE OF REMEDIAL ACTION IS TO STOP USING ALL OR PART OF THIS WEBSITE, AS LIMITATION OF REMEDIES CONSTITUTES PART OF YOUR AGREEMENT WITH MUSTEK WITH REGARD TO USAGE OF THIS WEBSITE.
INFORMATION PUBLISHED ON THIS WEBSITE REGARDING TYPES OF PRODUCTS AND SERVICES AVAILABLE, INCLUDING BUT NOT LIMITED TO PRODUCT FUNCTIONS, CONFIGURATIONS, PARAMETERS, TECHNICAL STANDARDS, AND SERVICE CONTENT, MAY DIFFER BASED ON COUNTRY OR REGION. THE FUNCTIONS, CONFIGURATIONS, PARAMETERS, AND TECHNICAL STANDARDS OF ANY GIVEN PRODUCT MAY BE ADJUSTED AT DIFFERENT STAGES OF THAT PRODUCT'S LIFE CYCLE, AND IT MAY TAKE SOME TIME FOR MUSTEK TO UPDATE THE CORRESPONDING INFORMATION. THEREFORE, THERE MAY BE SOME VARIATIONS BETWEEN THE PRODUCT AND SERVICE INFORMATION YOU SEE ON THIS WEBSITE AND THE ACTUAL PRODUCT YOU PURCHASE OR PRODUCTS FOR SALE IN YOUR MARKET.
ALL DRAWINGS, DESCRIPTIVE MATTER, SPECIFICATIONS, DESCRIPTIONS OR ILLUSTRATIONS REFLECTED ON THE WEBSITE ARE DISPLAYED FOR THE SOLE PURPOSE OF GIVING YOU AN APPROXIMATE IDEA OF THE PRODUCTS DESCRIBED IN THEM AND MUSTEK CANNOT BE HELD RESPONSIBLE FOR ANY LOSS INCLUDING CONSEQUENTIAL LOSS DUE TO DISCREPANCIES THEREIN.
MUSTEK SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE DESCRIPTION, AVAILABILITY, PURCHASE PRICE AND DELIVERY CHARGES OF PRODUCTS ON THE WEBSITE. HOWEVER, SHOULD THERE BE ANY ERRORS OF WHATSOEVER NATURE ON THE WEBSITE (WHICH ARE NOT DUE TO OUR GROSS NEGLIGENCE), MUSTEK OR ITS PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO A TRANSACTION BASED ON ANY ERROR, SAVE – IN THE CASE OF ANY INCORRECT PURCHASE PRICE – TO THE EXTENT OF REFUNDING YOU FOR ANY AMOUNT ALREADY PAID, OR OTHERWISE AS SET OUT IN THE RETURNS AND CANCELLATION POLICY.
MUSTEK DOES NOT WARRANT OR GUARANTEE THE CORRECTNESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT OF THIS WEBSITE.
Limitation of Liability
Except where forbidden by South African Law, under all circumstances, Mustek and its partners will accept no responsibility for all indirect, consequential, incidental, collateral loss or damages that may be suffered or incurred from usage of this Website, including but not limited to profit loss, even if Mustek or its partners are already aware of the potential risks or loss.
If your use of this Website results in any form of damage or loss, Mustek’s total aggregate liability for such loss or damage shall not exceed R10 000 (Ten Thousand Rand) for all claims of whatsoever nature and howsoever arising.
In the event of any third-party claim, brought against Mustek or its partners arising from or relating to your usage of this Website, you agree to indemnify and defend and hold Mustek or its associates (including their directors, employees, agents, partners and other licensed persons) harmless against any such claims.
The clauses in Article 13 "Limitation of Liabilities" and Article 14 "Indemnity" of these terms and conditions take effect independently. The limitations of liability stipulated in Clause 13 and Clause 14 herein shall be applied, irrespective of whether the loss is due to (1) breach of contract, (2) breach of guarantee, (3) errors or infringements, including negligence or misrepresentation, (4) strict liability, (5) or any other reasons
Feedback and Complaints
Any feedback you provide on this Website is regarded as non-confidential. Mustek and its partners reserve the right to freely use this information without any limitation.
If you have a complaint about the products or services provided by Mustek or require information regarding our internal complaints-handling process, please get in touch with us via the Queries Hotline or you can contact our call centre on 086 086 1111
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Products and Services Ombud (“CGSO”), to assist in resolving the dispute.
The CGSO’s contact details are:
Sharecall: 0860 000 272
Breach of these Terms and Conditions
You agree that Mustek reserves the rights to terminate your access to this Website and/or block you from visiting this Website in the event that Mustek deems you to have breached any of these terms and conditions.
If Mustek revokes your access to this Website as a result of you having breached these terms and conditions, Mustek assumes no liability towards you or any third-party.
You agree that Mustek can solely decide, without prior notification, to terminate your access to all or part of this Website's functions, for reasons including but not limited to:
- in response to the requests of law enforcement agencies or other government institutions;
- in response to your own request (If you request the deletion of your personal information, you may be unable to access online shopping functions);
- the suspension or major modification of this Website or any of its services;
- if Mustek believes that your use of the Website is in contravention of the terms and conditionsor the law; and/or
- any unforeseeable technical issues.
Applicable Laws and Jurisdiction
The establishment, enforcement, and interpretation of these terms and conditions, as well as the resolution of disputes related thereto, shall be subject to the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these terms and conditions.
Should any dispute arise with regard to the Content or execution of these terms and conditions, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause 18 or the terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Mustek’s information is as follows:
Full name: Mustek Limited, a company listed on the Johannesburg Securities Exchange, registered in South Africa
Registration number: 1987/070161/06
Main business: Distributor of computers and electronics and accessories.
Physical address: 322,15th Road, Randjespark, Midrand, Gauteng
Phone number: +27 11 314 - 5020
Mustek hereby selects its abovementioned address for the service of all formal notices and legal processes in connection with these terms and conditions. Mustek may change this address from time to time by updating these terms and conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Mustek not less than 5 days’ notice in writing.
Notices must be sent either by hand, telefax or email and must be in English. All notices sent:
- by hand will be deemed to have been received on the date of delivery;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
These terms and conditions and the Policies (incorporated by reference herein) constitute the entire agreement between yourself and Mustek with regard to your usage of this Website, and they replace any and all prior written or oral agreements between yourself and Mustek with regard to usage of this Website, notwithstanding the terms or conditions of other agreements signed between yourself and Mustek.
Mustek and its partners will not accept any counter-offers with regard to these terms and conditions, and hereby expressly rejects all counter-offers.
If Mustek fails to enforce of these terms and conditions, this should not be deemed as a waiver or indulgence on the part of Mustek of any rights arising from these terms and conditions. No action taken between Mustek and yourself or a third-party should be deemed as an alteration or variation to any of the terms and conditions.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions to any third party without Mustek’s prior written consent.
Mustek reserves the right to amend these terms and conditions form time to time in its discretion without notice, however no purported variation, addition, deletion, or agreed cancellation of the Terms of Website by you will be of any force or effect, unless agreed to by Mustek in writing.
If any part of these terms and conditions is held to be invalid, illegal, unenforceable or void by a court of competent jurisdiction, such provision will be deemed modified to the least degree necessary to remedy such invalidity (as long as such modification does not materially adversely affect either party’s rights or obligations hereunder and the remainder of these terms and conditions will not be impaired or affected thereby, and each other term, provision and part will continue in full force and effect, and will be valid and enforceable to the fullest extent permitted by Law.
Crazy March Flash Sale TERMS & CONDITIONS 16 MARCH 2020 TO 27 MARCH 2020
- This Crazy March Flash Sale (“Flash Sale”) is organized and run by Mustek (“Organiser”).
- The Flash Sale is not open for entry by or on behalf of a legal entity. The Flash Sale will be executed in the Republic of South Africa.
- By entering the Flash Sale, all participants agree to be bound by these terms and conditions, which will be interpreted by the Organisers and the Organisers decision regarding any issue will be final and binding and no correspondence will be entered into.
- This Flash Sale will run from 16 MARCH 2020 (UTC+2) to 20 MARCH (UTC+2), from 15:00 pm；offer only at：https://huaweistore.co.za/
- This Flash Sale will have Quantity Limitation. Smart Scale: 5 pcs limited; Power Bank: 5 pcs limited; Band 3e, 5 pcs limited; Freebuds lite: 5 pcs limited; Watch GT 1, 5 pcs limited. The First 5 lucky customer get the chance to place order.
- The Flash Sale is open to all persons who are South African residents of 18 years and older with a valid South African identity document or valid permanent residence permit valid for a period exceeding 12 (twelve) months for the Republic of South Africa and valid at the end date of the Flash Sale.
- Employees, directors and agents of the Organisers, their immediate families, life partners, business partners and associates and any person directly involved with the sponsoring, devising, production, management or marketing of this Flash Sale are not eligible to participate in this Flash Sale.
- The Flash Sale is not open for entry by or on behalf of a legal entity. Entries received from business accounts held by legal persons (amongst others Corporates and SMEs, etc.) are excluded from participating and benefitting from the Flash Sale.
- The Flash Sale will be executed in the Republic of South Africa.
2. General Terms and Conditions
- The Flash Sale is valid for the duration of the Flash Sale Period
- There are shipping charges for participating in the Flash Sale.
- Personal information of the successful Flash Sale Participants will be strictly made use of to ship the order and will be stored in a secure repository and not transferred to any third party save for the purposes of delivery of the Flash Sale.
- If there is no legal requirement, the collected information will only be stored for as long as it is needed.
- The Organisers are not liable for any technical failures affecting participation in the Flash Sale.
- The Organisers reserve the right to amend the rules and/or terminate this Flash Sale immediately at any stage, whether required as a result of changes in legislation, or if required by any national, provincial or municipal authority, or within the sole discretion of the Organisers for any reason (recognized in law). Notice of such termination shall be published on the Organisers Facebook page. In such event, all Participants waive any rights that they may have/purport to have in terms of this Flash Sale, and acknowledge that they will have no recourse against the Organisers whatsoever.
- All Participants indemnify the Organisers, its associated and subsidiary companies, and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in any way whatsoever in this Flash Sale
- All information relating to the Flash Sale which is published on any marketing material will form part of these Terms and Conditions. In the event of any conflict between such marketing material and these Terms and Conditions, these Terms and Conditions shall prevail.
- South African law shall govern these Flash Sale rules and the courts of South Africa shall have exclusive jurisdiction