In this Agreement, unless the context indicates differently:
1.1. "Agreement" means these terms and conditions, including the Schedule and all written notices that the supplier has given to the consumer;
1.2. "business day" means any day except for a Saturday, Sunday or South African public holiday;
1.3. "consumer"/"you"/"your" means the person who has agreed to enter into this Agreement and whose details are recorded in the agreement
1.4. Agreement means the Retail Lay-bye attached to these terms and conditions which records the purchase price of the goods, the number of amounts to be deposited, the quantity of the amounts to be deposited, the dates on which the amounts need to be deposited and any other Schedules which may be attached hereto by agreement between the parties;
1.5. "supplier"/"we"/"us"/"our" means Vodacom Pty (Ltd);
1.6. "VAT" means value-added tax chargeable under the Value-Added Tax Act 89 of 1991;
1.7. the headings of the various clauses in this Agreement have been inserted purely for the purpose of convenience and they will not be used to interpret the Agreement.
1.8. any reference to a gender includes the other genders; and
1.9. the singular includes the plural and vice versa (the other way around).
2.1. You have agreed:-
2.1.1. to buy the goods set out in the agreement on lay-bye; and
2.1.2. to pay for the goods by making regular deposits until payment of the full purchase price, as set out.
2.1.3. You understand and agree that the goods will not be delivered to you and you will not become the owner thereof until you have paid the full purchase price for the goods.
2.2. You agree that:-
2.2.1. this Agreement represents the entire Agreement between the you and Vodacom in relation to your lay-byer and that no alterations or additions to this Agreement may be effected unless agreed to by both parties, reduced to writing and signed by you and a duly authorised representative of the supplier; and
2.2.2. for purposes of this Agreement "signature" or "signed" may include an electronic signature as contemplated in the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").
3. Payment of the deposit and installments
You understand and agree that:-
3.1. The purchase price of the goods include VAT at the current rate of tax.
3.2. The Agreement will commence upon signature of the Agreement and payment of the initial deposit set out
3.3. Thereafter, you must pay the monthly amounts on or before the due dates until the final payment date. All amounts must be paid at the address of the store, as detailed in the Agreement
3.4. The deposits will be applied towards the settlement of the purchase price on the final payment date.
4. Termination of the Agreement
4.1. If you terminate the Agreement before paying the full purchase price, or fail to complete the payment for the goods within 60 (sixty) business days after the final payment date, we:-
4.1.2. Upon request presentation of original ID document/passport, will refund you all amount paid by you
4.2 You understand and agree that if the agreement had been terminated for any reason and you wish to buy other or similar goods, you will be required to enter into a new agreement with us and the current price of the goods will then apply.
5. Contact details
5.1. Its is your responsibility to provide us with correct contact details for future communication that may be necessary in relation to your lay-bye .
5.2. It is your responsibility to inform us of any changes of your contact details.
6. Delivery of the goods
6.1. We cannot be responsible for failure to perform or to deliver or delays in performance or delivery due to circumstances beyond our control ("force majeure events"). We will not be liable to you for any loss arising from any failure or delay in performance or providing the goods resulting from force majeure events. We will use reasonable endeavors to continue to perform in terms of this Agreement as soon as performance becomes possible. We may contact you to agree on alternative dates for delivery, but will not require you to accept delivery at an unreasonable time.
6.2. You understand and agree that the goods as set out in the agreement, are identified and described by style, make, model, kind, design or category described goods This does not mean that specific goods are set aside for the duration of the lay-bye agreement, but that we will deliver that described goods to you after receipt of the full purchase price for the goods.
6.3. If, for reasons beyond our reasonable control, we are unable to deliver the lay-bye goods to you, we will, at your option:-
6.4. supply you with an equivalent quantity of goods that are comparable or superior in description, design or quality; or
6.5. Refund to you the amounts deposited with us for the goods, with interest in accordance with the Prescribed Rate of Interest Act 55 of 1975.
7. Transfer of rights
7.1. Unless our prior written consent has been obtained, you will not be entitled to cede, delegate, assign or transfer all or any part of your rights or obligations under this Agreement.
7.2. You hereby authorise us and agree that we may cede at any time any part or all of our rights under this Agreement or transfer any part or all of our rights or obligations (whether by way of delegation or assignment) under this Agreement to any third party. You further agree that it shall not be necessary for us to provide prior notification to you in the event of any such cession or transfer.
8. Additional information
8.1. We choose as our domicile where you must deliver all notice and legal processes, the following address: Vodacom Corporate Park, 082 Vodacom Boulevard, Vodavalley, Midrand 1685.
8.2. If you want to change the address at which you agree to accept notices then you must do so by returning to the Retail outlet and complete a change of address document.
9. Device warranty
9.1. The device is subjected to Vodacom Device warranty terms and conditions www.vodacom.co.za
10.1. We do not lose any of our rights under this Agreement if we do not insist immediately and in every instance on these rights. You may not use it as defense if we had a right which we did not enforce at the relevant time.
10.2. If any term or condition of this Agreement becomes unenforceable for any reason whatsoever, that term or condition is severable from and shall not affect the validity of any other term or condition in this Agreement
Additional contact information
The following contact details are hereby disclosed:
• Vodacom Customer Care: 082 135
• National Consumer Commission: 012 761 3000