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CELLPHONE WAREHOUSE FLEXI-PAY TERMS AND CONDITIONS

1. DEFINITIONS

In these Terms and Conditions:

"Agreement" means these Flexi-Pay Terms and Conditions together with any Hire Purchase Agreement, Credit Application Form, Customer Declaration, Insurance Addendum, Device Schedule, or any other related document signed by the Customer.

"Company" means Cellphone Warehouse (Pty) Ltd and its successors, assigns, agents, employees, and authorized representatives.

"Customer" means the person entering into a Flexi-Pay transaction with the Company.

"Device" means the mobile phone, tablet, accessory, electronics product, or any other goods supplied under this Agreement.

"Outstanding Balance" means all unpaid amounts owing under this Agreement including principal, finance charges, insurance premiums, collection costs, legal costs, repossession costs, and any other lawful charges.

"Default" means any event described in Clause 15 of this Agreement.

"MDM" means Mobile Device Management software or any technology used by the Company to monitor, secure, track, restrict, or manage financed devices.

2. ELIGIBILITY

To qualify for Flexi-Pay financing, the Customer must:

  • Be at least 18 years of age;
  • Possess a valid Botswana Omang, Passport, or other approved identification;
  • Provide proof of income where required;
  • Provide proof of residence where required;
  • Meet the Company's affordability and risk assessment criteria;
  • Provide accurate and truthful information.

Approval remains entirely at the Company's discretion.

3. CREDIT ASSESSMENT

The Customer authorizes the Company to:

  • Conduct credit checks;
  • Verify employment details;
  • Verify banking information;
  • Verify references supplied;
  • Obtain information from credit bureaus;
  • Obtain information from debt review databases;
  • Conduct affordability assessments;
  • Reassess risk during the term of the Agreement.

The Company reserves the right to decline any application without providing reasons.

4. DESCRIPTION OF GOODS

The Device details shall be recorded on the Flexi-Pay Agreement and shall include:

  • Product description;
  • IMEI number;
  • Serial number;
  • Device condition;
  • Accessories supplied.

The Customer acknowledges receipt of the Device in satisfactory condition upon signing the delivery confirmation.

5. OWNERSHIP

5.1 Ownership of the Device remains vested in the Company until all amounts owing have been paid in full.

5.2 The Customer obtains possession and usage rights only.

5.3 Until ownership transfers:

  • The Device may not be sold;
  • The Device may not be gifted;
  • The Device may not be pledged as security;
  • The Device may not be transferred to another person without written approval.

6. RISK

Risk passes to the Customer upon delivery.

The Customer is responsible for:

  • Theft;
  • Loss;
  • Damage;
  • Destruction;
  • Misuse.

Such events do not cancel the Customer's payment obligations.

7. PAYMENT TERMS

The Customer agrees to pay:

  • Deposit (if applicable);
  • Monthly instalments;
  • Insurance premiums;
  • Finance charges;
  • Any lawful fees permitted by applicable law.

Payments shall be made on or before the agreed due date.

The Company may determine acceptable payment methods including:

  • Bank transfer;
  • Debit order;
  • Mobile money;
  • Cash deposits;
  • In-store payments.

8. EARLY SETTLEMENT

The Customer may settle the account at any time.

Upon settlement, ownership of the Device immediately transfers to the Customer.

The Company may provide a settlement quotation upon request.

9. DEVICE MANAGEMENT AND CUSTOMER CONSENT

The Customer expressly acknowledges and agrees that financed Devices may contain:

  • MDM software;
  • Device monitoring tools;
  • Device restriction functionality;
  • Device location technologies;
  • IMEI registration systems;
  • Anti-theft technologies.

The Customer consents to installation and operation of such systems.

10. DEVICE RESTRICTIONS

Where permitted by law and where the Customer is in default, the Company may:

  • Display payment reminders;
  • Restrict certain device functions;
  • Lock the Device;
  • Prevent factory reset activation;
  • Restrict access to financed features.

The Company shall not be liable for losses resulting from such restrictions where implemented in accordance with this Agreement.

11. CUSTOMER RESPONSIBILITIES

The Customer agrees to:

  • Maintain the Device in good condition;
  • Protect the Device from damage;
  • Keep software intact;
  • Not tamper with security systems;
  • Notify the Company of address changes;
  • Notify the Company of employment changes;
  • Notify the Company of contact number changes;
  • Cooperate with lawful inspections where necessary.

12. PROHIBITED CONDUCT

The Customer shall not:

  • Remove MDM software;
  • Root or jailbreak the Device where prohibited;
  • Alter IMEI numbers;
  • Conceal the Device;
  • Provide false information;
  • Interfere with tracking systems;
  • Transfer possession without authorization.

Any such conduct constitutes material breach.

13. INSURANCE

Where insurance is purchased:

Coverage may include:

  • Theft;
  • Accidental damage;
  • Fire;
  • Loss.

Insurance premiums shall form part of the monthly instalment.

Insurance claims do not automatically extinguish the debt.

Settlement depends upon insurer approval and payout.

14. GRACE PERIOD

The Company may allow a grace period of three (3) calendar days following a due date.

The granting of a grace period does not waive the Customer's obligations.

15. EVENTS OF DEFAULT

The Customer shall be in default if:

  • An instalment remains unpaid beyond the permitted grace period;
  • Information supplied is false or misleading;
  • The Customer breaches any term of this Agreement;
  • The Customer absconds or cannot reasonably be contacted;
  • The Device is concealed;
  • MDM systems are tampered with;
  • Insolvency proceedings occur;
  • The Customer dies and the estate fails to maintain payments.

16. COMPANY REMEDIES

Upon default, the Company may:

  • Issue payment demands;
  • Restrict Device functionality;
  • Accelerate the debt;
  • Require immediate payment of the Outstanding Balance;
  • Repossess the Device;
  • Appoint debt collectors;
  • Report the default to credit bureaus;
  • Institute legal proceedings.

The Company may exercise one or multiple remedies simultaneously.

17. REPOSSESSION

Where permitted by law:

The Company may repossess the Device following default.

The Customer agrees to:

  • Cooperate with lawful recovery efforts;
  • Surrender the Device peacefully;
  • Not damage or conceal the Device.

Any repossession costs may be added to the Outstanding Balance.

Proceeds from resale shall be applied toward amounts owing.

The Customer remains liable for any shortfall.

18. COLLECTION COSTS

The Customer shall be liable for reasonable:

  • Debt collection fees;
  • Tracing fees;
  • Legal costs;
  • Sheriff fees;
  • Recovery expenses,

to the extent permitted by applicable law.

19. CREDIT BUREAU REPORTING

The Customer authorizes the Company to:

  • Submit account information to credit bureaus;
  • Report payment history;
  • Report defaults;
  • Obtain updated credit information throughout the Agreement term.

20. PRIVACY AND DATA PROCESSING

The Customer consents to the collection, storage, processing, and sharing of personal information for:

  • Credit assessment;
  • Fraud prevention;
  • Identity verification;
  • Collections;
  • Customer support;
  • Compliance obligations;
  • Product administration.

The Company shall take reasonable measures to protect customer information.

21. ELECTRONIC COMMUNICATIONS

The Customer agrees to receive communications by:

  • SMS;
  • WhatsApp;
  • Email;
  • Telephone;
  • Mobile application notifications.

Such communications may include:

  • Payment reminders;
  • Account statements;
  • Collections notices;
  • Legal notices;
  • Marketing communications (where permitted).

22. LIMITATION OF LIABILITY

The Company shall not be liable for:

  • Loss of profits;
  • Loss of data;
  • Business interruption;
  • Consequential damages;
  • Device downtime caused by lawful restrictions;
  • Manufacturer defects beyond applicable warranties.

23. WARRANTIES

Manufacturer warranties shall apply where available.

The Company makes no additional warranties except those required by law.

24. FRAUD

Any suspected fraud may result in:

  • Immediate account suspension;
  • Cancellation of the Agreement;
  • Reporting to law enforcement;
  • Civil recovery proceedings.

25. ASSIGNMENT

The Company may assign, transfer, sell, or cede its rights under this Agreement to a third party without further consent from the Customer.

26. FORCE MAJEURE

The Company shall not be liable for delays or failures caused by events beyond its reasonable control including:

  • Natural disasters;
  • Power failures;
  • Telecommunications outages;
  • Government actions;
  • Civil unrest.

27. DISPUTE RESOLUTION

Parties shall first attempt amicable resolution.

If unresolved, disputes shall be submitted to the courts having jurisdiction in Botswana.

28. GOVERNING LAW

This Agreement shall be governed by and interpreted according to the laws of the Republic of Botswana.

29. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties.

No verbal representations shall be binding unless reduced to writing.

30. CUSTOMER DECLARATION

The Customer confirms that:

  • All information provided is true and complete;
  • The Device is being acquired lawfully;
  • The instalments are affordable;
  • The Customer understands the consequences of default;
  • The Customer consents to MDM controls and device restrictions;
  • The Customer has read and understood these Terms and Conditions.

By signing the Flexi-Pay Agreement, the Customer acknowledges acceptance of these Terms and Conditions.