Terms & Conditions of Sale
1. Terms and Conditions: These are the terms and conditions of our agreement which apply to all purchases of products by you from babyzambia.com and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.
2. Order: You can submit an order for products to babyzambia.com by clicking the “buy now” button and calling our purchase desk. All prices are reflected in Zambian Kwacha and include VAT where applicable, providing delivery is to a location in the Zambia. Orders outside of Lusaka may be subject to an additional charge. Goods supplied are not for resale. We are under no obligation to accept your order, but would normally do so where the product is available, the order reflects current pricing..
2a. The display of any product on our website is in no way an offer by us to sell to you. It is your response that is the offer. Accordingly, we are not liable to sell you any product that might be quoted at a price lower than that meant by us.
3. Acceptance of order: We will notify you of our acceptance of your offer to purchase via telephone and at that point a binding agreement between us will be in place on these terms and conditions. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email or call you to advise you of the change. You will then need to resubmit your order. Only cash; bank deposit; Zoona and Shoprite Pay are acceptable means of payment for orders via this site.
*but subject to our right to withdraw such acceptance where your offer relates to goods that have been priced below that which we intended and/or where discounts have been applied or used in error.
4. Delivery: We make every effort to deliver all products within Lusaka within 48 hours and outside Lusaka within 72 hours of acceptance of your order. Where this is not possible, we or our couriers will notify you and, unless we state otherwise, ensure that your products are delivered within 7 working days from acceptance. All deliveries will be made to you at the address agreed upon for Lusaka only or to our courier’s local office for deliveries outside Lusaka. All deliveries must be signed for and you will be responsible for the products as soon as they are delivered and found to be in conformity to the contract. Ownership of the products shall pass to you once we have received payment in full. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you and store the products at your risk. If you wish us to redeliver the products to you, you will need to authorise us to charge you for such re-delivery. If we do not hear from you within 28 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
5. Payment: For Lusaka deliveries we will charge you at the time that the order is delivered. For deliveries outside Lusaka we will charge you before your order is dispatched. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid.
6. Warranties: The products which are sold via this web site have been designed to comply with the statutory legal requirements and relevant safety standards. We can therefore make no representation or warranty that any product is compliant with health, safety or other legal requirements
Terms and Conditions of Use
1. Terms and Conditions: Thank you for using babyzambia.com, which is a trading name of Jeezwa Communications Limited. We provide services to you through our web site and those services are provided to you on the basis of these terms and conditions. Please note that they may vary from time to time without notice to you. Current terms will be made available as soon as possible on the website. When you use our web site or any of our services you may be advised that special guidelines or rules apply. Unless otherwise stated, these guidelines or rules form part of these terms and conditions. These terms and conditions apply to all users (including casual browsers) whether or not the registration process has been completed.
2. Description of Services: You are able to benefit by using our web site from a large number of online services and resources which include information, planners and directories, online retailing, and any other services which we may add from time to time. We also may remove certain services from our web site. Certain services may have their own, additional special terms and conditions. These will be made clear to you before you use those services. We may discontinue providing certain or all of the services on all or part of the web site at our discretion and without notice to you. We will, however, endeavour to let you know of this via our site.
3. Code of Conduct: You are not permitted to do anything which may disrupt in any way the operation of our web site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of our web site and our services by any other user.
Other than as expressly permitted, by us in writing, you are not permitted to use our web site to engage in any commercial activity of any form. We may be entitled at our discretion to refuse or remove anything which is transmitted to, from or via or posted on our web site which, in our opinion, is objectionable or otherwise does not comply with these terms and conditions. We will not be liable at all for doing this. We may record preserve and disclose anything which has been transmitted to, from or via or posted on our web site and the services, where required by law or where we are acting in good faith.
4. Proprietary Rights and Licences: All text, software, music, sound, photographs, graphics, video, page layouts, design and other material that is contained on our web site or is part of our services, is protected by our and their copyrights, trade marks, service marks, patents or other proprietary rights and laws.
We own or are licensed to use all intellectual property rights (including all copyrights, patents, trade marks and trade secrets) in connection with and in all versions of the web site and our services, the software we use to operate the web site and services and any data (including data obtained from you during the registration process) generated by users of the web site and services. You are not permitted, except where expressly authorised to do so, to change, copy, store, publish, rent, licence, sell or distribute in any way any of these intellectual property rights.
5. Advertisements and Promotions: We may use our web site or any of the services we provide or in any of the correspondence we send to you to run advertisements promoting products and services we offer or any of its subsidiaries, or any person or corporation duly authorised by us to advertise or promote their product or services through us. Babyzambia or affiliate promotion codes can not be used in conjunction with any other promotion or offers.
6. External Links: We may provide or third parties may provide links or other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
7. Disclaimer of Warranties: You agree that:
7.1: your use of the web site and our services is at your sole risk. The web site and services are provided on an as is and as available basis. We expressly disclaim all conditions of any kind, including but not limited to conditions of title, fitness for a particular purpose, satisfactory quality and non-infringement of proprietary or third party rights;
7.2: to the extent that it is lawfully possible to do so, we make no warranty that (a) the web site and our services and/ or any information will meet your requirements, (b) your access to and use of the services will be error-free, (c) any errors or inaccuracies will be corrected. Further, if your use of the web site results in the need for servicing or replacing equipment or data, this will not be at our risk and expense;
7.3: no advice or information, whether oral or written, obtained by you through or from the web site or from our services will create any warranty not expressly stated in these terms and conditions.
8. Indemnity: You agree to indemnify us and hold us harmless from and against any claims, actions or demands (including any legal fees incurred in connection therewith) resulting from your misuse of our web site or your breach of these terms and conditions. We will notify you promptly of any such claim, action or demand and will assist you as may be reasonably necessary providing you meet our costs and expenses (including our legal fees).
9. Limitation of Liability: To the extent that we are lawfully able to do so, we will not be liable for any claims, losses and/ or damages of any nature resulting from: (a) your use or inability to use the web site; (b) the services we provide (except where we expressly state that we have responsibilities or liabilities in these terms and conditions) or other terms and conditions that relate to our other goods and/ or services we provide; (c) unauthorised access to or alterations of your transmissions or data; (d) statements or conduct of any third parties.
You agree that in no event will our liability arising out of or in respect of these terms and conditions exceed K 1,000 and that in no event will we be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever, whether or not arising from any negligence on our part.
10. Use and Storage: We may establish general practices and limits concerning the use of the web site and the services we provide, including limits to the size or number of e-mail messages you send or the time that messages may be stored or posted on our web site. We are entitled to delete any material at any time and we will not be liable in any way for deleting or failing to store or post any material which you may transmit to us.
11. General: These terms and conditions constitute the entire agreement between us in respect of the use of our services and of our web site and supersede any and all prior agreements, arrangements and representations (save in respect of those made fraudulently). Data and certain other information you provide is subject to the term of our Privacy Statement.
If any of these terms and conditions are found to be invalid then that provision shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site or our services. These terms and conditions will be interpreted and construed in accordance with the laws of Zambia and and will be subject to the non-exclusive jurisdiction of the Zambian Courts.