Terms and Conditions for using the Vodafone Samoa Online Shop.
The following terms and conditions apply in relation to your purchase of handsets, accessories, Prepay and On Account services (“Services”) and any other products from the Vodafone Online shop (“Products”). By browsing and (where applicable) purchasing from the Vodafone Online shop you agree to be bound by these terms and conditions, our website terms of use, warranty policy and any additional terms and conditions presented during the purchasing process.
1. Application of terms and conditions
1.1 In these terms and conditions, reference to “we” and “us” means Vodafone Samoa Limited, and “our” has a corresponding meaning.
1.2 “You” means you our customer under these terms and conditions and “your” has a corresponding meaning.
2. Purchasing Products from the Vodafone Online shop
2.1 While Vodafone has endeavored to ensure that the information provided on the Vodafone Online shop is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on the Vodafone Online shop. We reserve the right to make changes to the information provided on the Vodafone Online shop at any time and without notice.
2.2 Your placement of an order via the Vodafone Online shop is an offer to purchase our Products and Services in accordance with these terms and conditions. We may accept your order by processing your payment and making the product available to be uplifted from selected stores in Samoa, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until the Product has been handed to you. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order.
2.3 To make a purchase from the Vodafone Online shop on your own behalf:
a. You must be 21 years of age or over, or if you are under 21 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the terms and conditions applying to the purchase;
b. You must be either purchasing on your own behalf or authorised to purchase on behalf of another person;
c. Products you purchase will be uplifted from select stores in Samoa; and
d. You must be buying for your own use and not for resale.
2.4 If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
a. you must be authorised to agree to these terms and conditions on behalf of the Entity;
b. you must be authorised by the Entity to make the purchase;
c. you must be authorised to use the Entity’s credit card used to make the purchase; and
d. references in these terms and conditions to “you” include the Entity (as defined above).
2.5 By purchasing from the Vodafone Online shop, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6 When making a purchase from the Vodafone Online shop, you must provide all required information (including your name, contact details, and credit card details) or we might not be able to process your order.
2.7 At our discretion, you may not be able to proceed with any purchase on the Vodafone Online shop which exceeds our current limits on volume or total value.
2.8 All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the non-availability on the Vodafone Online shop.
2.9 Where Products or Services are listed on Vodafone Online shop with an incorrect price or with incorrect information, we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order.
2.10 Although we endeavor to accurately display and describe the colours of the Products, we do not guarantee the colour of any product delivered to you will exactly match the colour of any image of that Product on the Vodafone Online shop (as the colours displayed on your computer system or in printed form will vary).
3. Price and Payment
3.1 The price payable for Products or Services ordered by you shall be the price displayed on the Vodafone Online shop at the time your order is submitted (subject to clause 2.9 above). Unless expressly stated otherwise, all prices displayed on Vodafone Online shop are stated and payable in Samoan Tala and include GST. Where relevant, the amount to be charged to your credit card is the exchange rate applicable at the time of purchase.
3.2 Products displayed on Vodafone Online shop, and their prices, are subject to change without notice.
4. Uplifting goods and Title
4.1 We will endeavour to have your order ready to be uplifted within 2 business days once we have confirmed that we have accepted your order and received all amounts payable for your order. If we are unable to have your order ready within this time frame we will endeavour to contact you and advise you of the expected date when the order will be ready.
4.2 Orders can only be uplifted from select stores in Samoa. Once your order has been accepted, your order should be ready to be uplifted in 2 business days. Although we will endeavour to meet timeframes where possible, all timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay. We do not deliver and offer pick-up only of your purchase from selected stores.
4.3 Title to, and responsibility for, each Product you order from the Vodafone Online shop (excluding any software components, which are licensed only) passes to you when the Product is uplifted from our store.
4.4 Where you believe that incorrect Products have been received, you must contact us with any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim.
5. Liability and Warranties
5.1 We will meet our responsibilities under the Competition and Consumer Act 2016, subject to clause 5.2 if you are purchasing the Product for the purposes of a business. Without limiting our responsibilities to consumers, our warranties, guarantees, and liability to you in connection with your use of the Vodafone Online shop and your purchase or use of the Products are limited and excluded as described in our website terms and conditions, On Account Terms and Conditions or Prepay Terms and Conditions as appropriate.
5.2 If you are purchasing the Product for the purposes of a business, you agree that the Competition and Consumer Act does not apply, and, to the maximum extent permitted by law, our liability to you, or anyone claiming through you, will be limited at all times to the purchase price of the Product to which your claim relates.
6. Returns
6.1 You may return a Product to us in accordance with our warranty policy.
6.2 All Products you wish to return to us remain at your risk until they are delivered to Vodafone or Vodafone’s agent.
6.3 For all warranty enquiries, please call us on (685) 67121 or email retail.leads@vodafone.com.ws for further instructions. All warranty repair requests sent by us to the manufacturer will be in accordance with the manufacturer’s warranties, and will be subject to any exclusions, limitations, and other conditions set out therein. We will meet our relevant responsibilities under the Competition and Consumer Act 2016.
7. Privacy
7.1 We will comply with our Privacy Policy (displayed separately on our website) and you accept this policy as governing our use of the personal information we receive about you as an individual.
8. General
8.1 We reserve the right to change these terms and conditions from time to time by publishing the changed terms on the Vodafone Online shop. When revised terms and conditions are published on the Vodafone Online shop, all orders submitted by you after the revised terms and conditions are published shall be subject to the terms and conditions as revised.
8.2 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
8.3 We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance which is outside our reasonable control.
8.4 You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products you purchase from us.
8.5 These terms and conditions (and any orders to/from the Vodafone Online shop) shall be governed by the laws of Samoa and the courts of Samoa shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms and conditions (and any orders from the Vodafone Samoa Online shop).