Terms & Conditions



1. Introduction

1.1. These Terms and Conditions are binding and enforceable against every person (“you or “your”) that accesses or uses this Website.

1.2. This website can be accessed at www.willowdigitalagency.co.za and software applications (the “Website”) and is owned and operated by Willow Digital Agency.

1.3. By using the Website and by clicking on the “I Accept” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

1.5. If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” link and request that Willow Digital Agency explain it to you before you accept the Terms and Conditions or continue using the Website.

1.6. Nothing in these Terms and Conditions is 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 Willow Digital Agency in terms of the CPA.

1.7. Willow Digital Agency permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to these Terms and Conditions.

2. Use of the Website

2.1. 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.

2.2. You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. You also agree that all content including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (the “Content”) belongs to Willow Digital Agency and you shall not therefore in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, reverse engineer, distribute or modify the Website or the information contained herein, without the prior written consent from Willow Digital Agency.

2.3. You may not use the Website to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent Willow Digital Agency.

3. Ordering of Products

3.1. When you place an order for a product, your order is subject to product availability. You acknowledge that the stock of all products is limited and that pricing may change at any time without notice to you. Willow Digital Agency will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website. Willow Digital Agency cannot guarantee the availability of stock. If you order a product on the Website and that product is no longer available after payment, Willow Digital Agency will notify you and you will be entitled to a refund of any amount already paid by you for such products.

3.2. Prior to delivery or your collection of the products you ordered; you may cancel an order at any time provided you do so before receiving a dispatch notice from Willow Digital Agency. After delivery or your collection of the products, you may return such products only in accordance with the Willow Digital Agency Returns Policy.

3.3. You are solely responsible for the accuracy of any CTO order, including with respect to the specification, configuration or other requirements of products. You warrant that the information provided to Willow Digital Agency under an Agreement is complete, accurate and true, and you acknowledges that a failure to provide complete, accurate and true information or instructions to Willow Digital Agency may detrimentally affect Willow Digital Agency ability to discharge its obligations or exercise its rights under an Agreement.

4. Trade-In

4.1. Willow Digital Agency offers you the opportunity to trade in your used products (the “Trade-in Product”) in exchange for a discount against your purchase of New Apple Products.

4.2. The value of the Trade-in Product will be used as part payment for the New Product.

4.3. Trade-in Products:

4.3.1. If you wish to trade-in any of your used products, you will be required to have the Trade-in Product assessed by Core Computer Business (Pty) Ltd.

4.3.2. You will be able to trade-in multiple Products (irrespective of make or model) towards the purchase of one new Product.

4.3.3. Core Computer Business (Pty) Ltd. will assess the condition of the Trade-in Product to determine whether there is any damage or wear and tear on the Trade-in Product.

4.3.4. All Trade-in Products must be at least electronically functional to be considered for the trade-in process.

4.3.5. A trade-in will not be considered if the serial number on theTrade-in Product has been removed, damaged or hidden or if your device itself has been altered, tampered or meddled with in any way.

4.3.6. All Trade-in Products will be assessed against Willow Digital Agency system objective grading criteria and the assessment results pertaining to the condition of the Trade-in Product shall be final.

4.3.7. After the assessment, the Willow Digital Agency representative will advise you of the value of the Trade-in Product. If you agree to complete the trade-in process, you will be required to fill in a form with your personal details and provide a copy of your identity document.

4.3.8. All your data must be removed from the Trade-in Products when you trade it in and Find my iPhone should be deactivated.

4.3.9. International devices may be traded in providing they pass the trade in criteria checks.

4.3.10. In the event that the Traded-in Product is found to be stolen, or subject to reservation of ownership by finance institution or any other instance where you are not the unencumbered owner of the Trade-in Product, Willow Digital Agency has the right to demand immediate refund for the full trade-in value of the Trade-in Product plus interest. You hereby indemnify and hold Willow Digital Agency harmless against any loss or damages that the Willow Digital Agency may suffer as a result of Willow Digital Agency reliance on false information relating to the Trade-in Product including but not limited to the lawful owner of the Trade-in product.

5. Errors

5.1. Willow Digital Agency 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 Willow Digital Agency gross negligence), Willow Digital Agency 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 Policy.

5.2. Willow Digital Agency shall not be bound by any incorrect information regarding the products displayed on any third-party websites.

6. Privacy

6.1. Please refer to our Privacy Policy incorporated by reference (which means that it forms part of these Terms and Conditions).

7. Changes to these Terms and Conditions

7.1. Willow Digital Agency may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

7.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

8. Disclaimer

8.1. 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.

8.2. Whilst Willow Digital Agency takes reasonable measures to ensure that the content of the Website is accurate and complete, Willow Digital Agency makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Willow Digital Agency representatives, Willow Digital Agency shall not be bound thereby.

8.3. Willow Digital Agency disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

8.4. Although the products sold from the Website or Willow Digital Agency may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Willow Digital Agency also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Willow Digital Agency, its employees, agents or authorised representatives. Willow Digital Agency thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

9. Linking to third party websites

9.1. This Website may contain links or references to other websites (“Other Websites”) which are outside of Willow Digital Agency control. These Terms and Conditions do not apply to those Other Websites and Willow Digital Agency is not responsible for the practices and/or privacy policies of those Other Websites or the “cookies” that those sites may use.

9.2. Notwithstanding the fact that the Website may refer to or provide links to Other Websites, your use of such Other Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Other Websites or your reliance on any information contained therein.

10. Limitation of liability

10.1. Willow Digital Agency cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Willow Digital Agency, it’s employees, agents or authorised representatives.

10.2. To the extent permissible by law, Willow Digital Agency will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of the Willow Digital Agency products.

10.3. Willow Digital Agency will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, activity on the Website and or any linked Other Websites.

10.4. You hereby indemnify Willow Digital Agency and hold it harmless against any loss or damage you or any third party may suffer as a result of your use of this Website, any Other Website and/or the Willow Digital Agency products.

11. Availability and termination

11.1. Willow Digital Agency will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

11.2. Willow Digital Agency may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Willow Digital Agency will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

12. Complaints and notice

12.1. All complaints and queries should be sent by email to t.dupreez@willowdigitalagency.co.za

12.2. Any legal notices that you give Willow Digital Agency under this contract must be sent by registered post to 3 Riesling Crescent, Hurlingham Manor, Sandton, 2196.

12.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English.

All notices sent –

1. by hand will be deemed to have been received on the date of delivery;

2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

3. 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 that is not a business day will be deemed to have been received on the following business day, and

4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All e-mail communications between you and Willow Digital Agency must make use of the “Read Receipt” function to prove used that the e-mail has been received.

12.4. Where Willow Digital Agency needs to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, Willow Digital Agency will do so by sending you an email or posting a notice on this Website. You hereby consent to Willow Digital Agency providing you with notices or information in this way.

13. Governing law and jurisdiction

13.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with 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.

13.2. In the event of any dispute arising between you and Willow Digital Agency, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

13.3. Nothing in this clause 13 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

14. General

14.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

14.2. Any failure on the part of you or Willow Digital Agency to enforce any right in terms hereof shall not constitute a waiver of that right.

14.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

14.4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

14.5. If you need to obtain a sales record of your transaction to buy products through the Willow Digital Agency Website, you can contact Willow Digital Agency within 30 days of the transaction.

14.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

14.7. These Terms and Conditions contain the whole agreement between you and Willow Digital Agency and no other warranty or undertaking is valid, unless contained in this document between the parties.

Privacy policy



This privacy policy sets out how Willow Digital Agency uses and protects any information that you give Willow Digital Agency when you use this website.

Willow Digital Agency is committed to ensuring that your privacy is protected.

Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Willow Digital Agency may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect

We may collect the following information:

• name and surname
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

For the exhaustive list of cookies we collect see the List of cookies we collect section.

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and

in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Subscription Status

We will use your data to record your preferences, for marketing and, where relevant, to provide the service required. Should you wish to unsubscribe, please email t.dupreez@willowdigitalagency.co.za

to change your marketing preferences.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these

links to leave our site, you should note that we do not have any control over that other website.

Therefore, we cannot be responsible for the protection and privacy of any information which you

provide whilst visiting such sites and such sites are not governed by this privacy statement. You

should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following

ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at

t.dupreez@willowdigitalagency.co.za Willow Digital Agency

We will not sell, distribute or lease your personal information to third parties unless we have your

permission or are required by law to do so. We may use your personal information to send you

promotional information about third parties which we think you may find interesting if you tell us

that you wish this to happen.

List of cookies we collect

The table below lists the cookies we collect and what information they store.

COOKIE name COOKIE Description

CART The association with your shopping cart.

CATEGORY_INFO Stores the category info on the page, that allows to display pages more quickly.

COMPARE The items that you have in the Compare Products list.

CURRENCY Your preferred currency

CUSTOMER An encrypted version of your customer id with the store.

CUSTOMER_AUTH An indicator if you are currently logged into the store.

CUSTOMER_INFO An encrypted version of the customer group you belong to.

CUSTOMER_SEGMENT_IDS Stores the Customer Segment ID

EXTERNAL_NO_CACHE A flag, which indicates whether caching is disabled or not.

FRONTEND Your session ID on the server.

GUEST-VIEW Allows guests to edit their orders.

LAST_CATEGORY The last category you visited.

LAST_PRODUCT The most recent product you have viewed.

NEWMESSAGE Indicates whether a new message has been received.

NO_CACHE Indicates whether it is allowed to use cache.

PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history if you have asked the site.

RECENTLYCOMPARED The items that you have recently compared.

STF Information on products you have emailed to friends.

STORE The store view or language you have selected.

USER_ALLOWED_SAVE_COOKIE Indicates whether a customer allowed to use cookies.

VIEWED_PRODUCT_IDS The products that you have recently viewed.

WISHLIST An encrypted list of products added to your Wishlist.

WISHLIST_CNT The number of items in your Wishlist.

Return policy

1. Introduction

This Policy forms part of the Customer Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

You may return any product that you bought from the Website or Willow Digital Agency if:

• You purchased the wrong item;
• The products have a technical fault; or
• You have concerns about the quality of the product (the “Returned Product”).

2. Products that you purchased incorrectly:

This Policy forms part of the Customer Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way. You can return a product to Willow Digital Agency, provided:

• It is unopened, undamaged and unused, with the original labels and stickers still attached;
• You log a return within 7 days of delivery to you or collection by you of the product. After 7 days, you can only return a product if it is defective.

Once we have inspected the Returned Product and validated your return form, we will credit your account with the purchase price of the product within 10 days of the return.

You may also elect to exchange a Returned Product for another product (the “Exchange Product”) that is of the same value as the Returned Product. If the price of the Returned Product is less than that of the Exchange product, you will be liable to pay the cash difference between the two products.

All Returned Products are subject to inspection by the Core Computer Business (Pty) Ltd. prior to a refund or an exchange.

If you want Willow Digital Agency to collect the Returned Product from you, please make sure to inform Willow Digital Agency accordingly, Willow Digital Agency may charge a fee of R200 to facilitate the collection on the Returned Product. This is applicable to purchases made online.

3. Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery, please notify Willow Digital Agency within 7 days of such delivery.

Once we have inspected the product and validated your return, we will at your choice repair or replace the product as soon as possible or credit your account with the purchase price of the product.

4. Faulty Products

All Willow Digital Agency products are covered by a manufacturer’s warranty. If your product is faulty, you must follow the process set out in the manufacturer’s warranty as indicated to you by the Willow Digital Agency warranty information.

Please note that any manufacturer’s warranty is subject to whatever terms and conditions the manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

For the avoidance of doubt, the manufacturer’s warranty is provided by the manufacturer and not

Willow Digital Agency. Any queries with regards to the warranty should be addressed with the manufacturer and Willow Digital Agency can only facilitate the communication between you and the manufacturer.

5. Refunds

Refunds will be done electronically via electronic funds transfer (EFT) to a bank account nominated by you. In certain circumstances where possible, Willow Digital Agency may effect a credit card transaction reversal.

Refunds may take up to 14 working days to complete.

Willow Digital Agency will not be liable for any bank charges, taxes, interest and/or any other fees that may be levied against you for the refund.

6. General

To process a return, refund or exchange please send an email to t.dupreez@willowdigitalagency.co.za with your request and we will advise of the steps that you will need to follow.