The prices displayed are inclusive of 15% VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed, unless where delivery is expressly included as a 'benefit' or 'value added incentive' or promotion.
As part of our service, we source products from all over the world and the prices we display for products on FLASHYBUY will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing. Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time.
Unwanted products must be returned unused and in good condition. You must take care to ensure that the product is properly packaged so that it will not be damaged while in transit. If the product is found to be used beyond what it takes for you to reasonably inspect it or damaged, then we may reject a refund.
Returning unwanted products: You have seven calendar days starting the day you, or a third party indicated by you, receive the product to inform us regarding the return. All costs for the return will be for the buyers account.
You must return any goods in a new condition with all packaging, materials and accessories. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 7 days of receiving such items.
The original delivery charge will not be refunded and the cost for returning the parcel is at your expense. Please include your order or invoice number in the box of the return so that your refund can be processed.
Defective, faulty or non-conforming products: We encourage you to inspect each product carefully upon receipt. If a product has a defect or fault existing at the time of delivery or otherwise does not conform to your order, you have a statutory right to return the product. We strongly encourage you to get in touch with our customer service as soon as you become aware of any problems.
Welcome to Flashybuy.com. These are the terms and conditions governing your access to and use of the website Flashybuy.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Flashybuy.com ("we", "us" or "Flashybuy.com") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Flashybuy.com's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Flashybuy.com. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
Flashybuy.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years unless the individual uses 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. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Flashybuy.com under this User Agreement or at law, Flashybuy.com reserves the right to limit or withdraw access to the Site or the membership of any person if Flashybuy.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Flashybuy.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
On becoming a member of the Site, you agree:
You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify Flashybuy.com of any unauthorised use of your password or account or any other breach of security. In no event will Flashybuy.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse Flashybuy.com for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.
Flashybuy.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to Flashybuy.com upon such requests. You acknowledge and agree that if you do not, Flashybuy.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Flashybuy.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that Flashybuy.com shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Flashybuy.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
Flashybuy.com is not an auction house nor a bank, and does not offer auction or banking services. The Site is an online platform allowing for the sale and purchase of items between end-user sellers and buyers.
Membership on the Site is free. Flashybuy.com does not charge any fee for browsing.
You grant Flashybuy.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy . You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Flashybuy.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Flashybuy.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Flashybuy.com" and related logos, and other words and logos on the Site either unregistered trademarks or registered trademarks of Flashybuy.com and are protected by international trademark and other intellectual property rights and laws. Flashybuy.com's trademarks may not be used in connection with any product or service that is not Flashybuy.com's nor in any manner that disparages or discredits Flashybuy.com. All other trademarks not owned by Flashybuy.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Flashybuy.com.
Please report problems of any kind or violations of this User Agreement to Flashybuy.com. If you believe that your intellectual property rights have been violated, please notify Flashybuy.com. Without prejudice to any other rights and remedies of Flashybuy.com under this User Agreement or at law, Flashybuy.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Flashybuy.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
Flashybuy.com has a "Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Flashybuy SafePay processes and never received it or received an item worth significantly less in value compared to what was described by the seller, the buyer may seek protection under the Buyer Protection Program. The Buyer Protection Program involves reimbursement by Flashybuy.com to the buyer of the value of the item only. To be eligible under the Buyer Protection Program a buyer needs to file a complaint with Flashybuy.com within 48 hours of receiving (or not receiving) the relevant item. Flashybuy.com will investigate the matter and if it has been determined (by Flashybuy.com in its sole discretion) that the seller has intentionally defrauded the buyer in relation to the item for which Flashybuy.com has reimbursed the buyer, Flashybuy.com may limit, suspend or withdraw the seller's access to the Site and/or the seller's membership and Flashybuy.com may charge the seller for Flashybuy.com's costs in reimbursing the buyer and for any handling and shipping (in accordance with the Fees & Credit Policy . Flashybuy.com reserves the right to take such further steps as it considers necessary including without limitation legal action. You acknowledge and agree that if any item returned to Flashybuy.com by a buyer is illegal or otherwise unlawful that Flashybuy.com may in its sole discretion destroy the item or take any other steps as it considers necessary.
Shipping fees for returned Items :
If the buyer claimed within the 7 Days of the date of delivery.
-Buyer pays the Delivery Shipment Fees
-Buyer Pays the Return Shipment Fees
The Site is only a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. Flashybuy.com does not buy or sell items. Flashybuy.com is not and cannot be a party to or control in any manner any transaction between two users of the Site and cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold Flashybuy.com responsible for other users' content, actions, or inactions, or items or Information they list or post.
In particular:
Flashybuy.com and its affiliates shall have the right to discard, destroy, liquidate or auction and as it may deem appropriate any of the Sellers goods/Items within thirty (30) days after receipt by the Courier Company in the event of those goods/Items are being returned/undelivered from the Customers for any reason, provided that the Seller has been notified of the said return of the Items/Goods by email to his email address provided by the Seller and in the event that the Seller did not arrange for the pickup of the these returned items/goods . This clause shall be considered as an explicit authorization to Flashybuy.com to destroy and/or liquated any of the items/goods mentioned above and shall be without any objection from the Sellers and without any liability to Flashybuy.com. Furthermore, Flashybuy.com is also authorized to deduct any fees or costs that might be incurred through the disposition and/or liquidation of the above which shall be claimed and/or deducted from the account of the Seller.
Flashybuy.com takes reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. Flashybuy.com has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that Flashybuy.com may process your personal information that you provide to it for the purposes of providing the services on Flashybuy.com and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
Without prejudice to any other rights and remedies of Flashybuy.com under this User Agreement or at law or otherwise, Flashybuy.com may immediately and without liability: limit your activity, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
Flashybuy.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Flashybuy.com or use the Site in any manner whatsoever until such time that such user is reinstated by Flashybuy.com. Notwithstanding the foregoing, if you breach this User Agreement Flashybuy.com reserves the right to recover any amounts due and owing by you to Flashybuy.com or any losses and damages caused by you to Flashybuy.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Flashybuy.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Flashybuy.com's right to take any actions with respect to that, or subsequent or similar breaches. Flashybuy.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
As a registered member of the Site, you may list item(s) for sale on the Site. You may only offer for sale or sell item(s) on the Site in compliance with applicable laws and you must be legally able to offer for sale or sell such items under applicable laws. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site. Soliciting business offline or outside of the Site, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the Site other than in your registration data is expressly prohibited and would constitute a breach of this User Agreement. The listing description of the item must not be misleading and must describe the actual current condition of the item. If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer. You agree not to list a single item multiple times including without limitation across various categories on the Site. You acknowledge and agree that Flashybuy.com has the right to delete such multiple listings of the same item.
Without limiting any rights or remedies available to Flashybuy.com under this User Agreement or at law, Flashybuy.com may suspend, limit or withdraw your access to the Site and/or your membership of the Site if you are found to have engaged in false or fraudulent activity in connection with the use of the Site. Please note that the contact information that will be sent out will be the information that is provided by the users in their registration data on Flashybuy.com. You acknowledge and agree that Flashybuy.com has the right to use your registration data for this purpose and that Flashybuy.com is not responsible for the accuracy or otherwise of any user's registration data. You acknowledge and agree that you will not use another user's data for any purpose other than fulfilling a relevant transaction resulting from selling item(s) on the Site.
Without prejudice to any other rights and remedies of Flashybuy.com under this User Agreement or at law or otherwise, Flashybuy.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
Flashybuy.com provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Flashybuy.com makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Flashybuy.com makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Flashybuy.com has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, Flashybuy.com, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not Flashybuy.com has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to Flashybuy.com and Flashybuy.com shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold Flashybuy.com and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Flashybuy.com and you shall have no authority to bind Flashybuy.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Flashybuy.com from you shall be given by you by email to Flashybuy.com at legal@Flashybuy.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Flashybuy.com by return email. Any notices to you from Flashybuy.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of South Africa. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of Flashybuy.com to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and Flashybuy.com shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
You hereby grant Flashybuy.com the right to, and irrevocably acknowledge and agree that Flashybuy.com may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. Flashybuy.com agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of Flashybuy.com, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of Flashybuy.com.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Flashybuy.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, South African law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
Tester perfumes (which are usually bottles from which small quantities of perfume that can be taken for supply to consumers as free samples) are not permitted to be listed or sold on the Site. Any perfume with one or all of the following shall be considered to be a “Tester Perfume”:
Make sure your perfume listing follows the above. If it doesn't, your listing may be removed immediately without prior notice and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.
The warranty is valid only on the presence of serial no of the product. Flashybuy.com reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product from the dealer. Obligations are limited to repair of the defect or replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs will be carried out by the Seller. Warranty cover will be void, even if a repair has been attempted by any unauthorized service centre. Flashybuy.com shall not be liable for reimbursements, claims and damages that may result from the unauthorized repair of the product. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship.
28. In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:
Are reasonably suitable for the purpose that they are intended to be used for,
Are of good quality, free of defects and in good working order, and
Will be durable and usable for a reasonable period of time.
The following goods cannot be returned in terms of the ECT Act:
- Unsealed video games, software or other audio or video recordings,
- Books, magazines or other periodicals, and
- Items we have specially sourced for you
All Hardware Manufacturer Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, seals on equipment have been broken by anyone other than the manufacturer’s representative or if the goods have been operated outside the manufacturer’s specifications.
