We reserve the right to change any of these Terms and Conditions by posting the revised Terms and Conditions on our Website and/or by sending an email to the last email address the Buyer has given us. The revised Contract of Sale will be effective immediately as Buyers sign up, but will not affect the Buyer’s existing Contract of Sale.
Note: thebestofzambia.com is solely operated by Infobwana Ltd, a company registered in Zambia.
Definitions
Unless the context otherwise requires, the following words and phrases, wherever they appear in the Agreement, in these Terms and Conditions and in the appendices, shall have the meanings stated or referred to below:
The essential purpose of the Website thebestofzambia.com is to give Site Users information about products and services available in Zambia, so that they can make a decision to purchase any products or services of their choice.
The following Terms and Conditions relate to an agreement between the Buyer and Infobwana Ltd in which Infobwana Ltd provides a platform, thebestofzambia.com, through which the Buyer can purchase products and/or services from a Seller.
We provide an online facility for Buyers to order and pay for products and/or services advertised on thebestofzambia.com. These products and/or services listed on thebestofzambia.com are offered by Sellers that have registered with us and have an Online Shop on the Website. The products and/or services are not offered by us; and we are not directly involved in the sales transaction between the Seller and the Buyer.
We add a Seller’s products and/or service package details, including prices, in good faith that the information provided to us is accurate and the items are of good quality. However, we do not guarantee the products and/or service packages in any way, nor the prices, delivery process or timing.
Whenever a Buyer purchases product(s) and/or service(s) from a Seller and pays in full, we agree to arrange for the processing of that payment. The products and/or services on offer are owned by the Seller unless or until they are purchased by the Buyer.
We agree to send to the Seller the details of each order placed and paid for in full, to enable the Seller to fulfill the order. These details will be sent to the Seller as soon as the full payment has been authorized and received.
Once the Seller is notified by us of an order, it is entirely the responsibility of the Seller to fulfill that order, ensuring it meets the delivery date and product or service standards stated in the documentation the Seller has given in relation to that product or service.
The Seller shall notify us each week of those products and services that are available for sale on the Seller’s Best of Zambia Online Shop. In the unlikely event that the Seller does not have the stock to fulfill an order, the Seller will notify the Buyer and ourselves. We will then raise a refund for the Buyer.
We will not be held liable or responsible for any third-party claim or other liability related to the sale, fulfillment of an order, refund or return of defective products or substandard service, or any personal injury, death or property damage related to the Seller’s products and/or services.
3.1.1. The Buyer has statutory rights in relation to incorrect, damaged or defective goods, or poor or delayed services in accordance with the provisions of section 49 of the Competition and Consumer Protection Act №24 of 2010 and any other applicable consumer rights under any other written law. Please visit http://www.parliament.gov.zm/node/3351 for a downloadable copy of Competition and Consumer Protection Act №24 of 2010. This link indicates the rights of a Buyer in the case where goods or services are not as described, not fit for purpose or not of satisfactory quality.
3.2.1. In accordance with the statutory rights of the Buyer, if the Buyer receives an item through thebestofzambia.com that is either incorrect, damaged, defective or does not match its description, they may return the item to the Seller. If a Buyer returns an item, in so doing they agree and accept that the returned product will no longer be their property.
3.2.2. The Buyer should contact the Seller directly to arrange for the return of an item as the method of return differs depending on the item. Note that the Seller will only refund return costs (using the method of return agreed with the Buyer) on items supplied through Infobwana Ltd, if the Buyer received an incorrect item, or a damaged item, or a defective item, or an item that does not match its description. In the event that the Seller requires ‘proof of postage’ in order to refund the return costs, the Buyer must furnish such proof failure to which the Seller may opt not to refund the return cost, and the buyer will not have any claim thereof. Note that Infobwana Ltd will not be directly involved in any refund of return costs which may be agreed and arranged between the Seller and the Buyer.
3.2.3. After the carrier has received the Buyer’s item, it can take up to 2 weeks for the Seller to receive and process their return.
3.2.4. If a product becomes defective after 30 days, the Buyer won’t be able to return the item. But they may wish to visit the Seller’s own website or contact them directly. They may be able to offer troubleshooting and/or support with the issue the Buyer has with the product.
3.2.5. For items with customization options, including any product configurations, image personalization, text inscriptions, or designs (such as engravings, monograms, embroidery or embossing), the following conditions shall apply:
3.2.6. When returning a product for any reason, the Buyer must do so in the exact conditions they received it. In this respect they must entirely delete, remove and eliminate all personal data pertaining to them and/or any third party which may possibly be present in that same item, and must de-link any account possibly linked to that item. The Buyer will be fully responsible for any data breach that may occur if they fail to do so.
3.2.7. The Buyer must remove from the returned product and from the box containing the returned product any item not pertaining to the returned product as originally received. Infobwana Ltd and the Seller will not be responsible for any such items erroneously left by the Buyer within the returned product or within the box containing the returned product.
3.2.8. For instructions on how to return Hazardous Materials and/or High Value Items, the Buyer should contact the Seller directly.
3.3.1. This refund policy does not affect the Buyer’s statutory rights.
3.3.2. The Seller may determine that a refund can be issued without requiring a return e.g. for services rather than products. If the Buyer is not required to return their item in order to be given a refund, they will be notified by the Seller.
3.3.3. If goods supplied through us are found to be defective, not fit for the purpose for which they are normally used or for the purpose that the Seller indicated to the Buyer, then, on authorisation from the Seller, we will refund the Buyer the price paid for the goods; or, if practicable and if the Buyer so chooses, the Seller will replace the goods with goods which are free from defect and are fit for the purpose for which they are normally used or the purpose that the Seller indicated to the person or the enterprise.
3.3.4. The Buyer’s refund and how their refund is issued may differ based on the condition of the item, how long they have had the item, and how the item was purchased.
3.3.5. If a service, supplied by a Seller through us, is performed without reasonable care or skill, or not within a reasonable time or, if a specific time was agreed, not within a reasonable period around the agreed time, then, on authorisation from the Seller, we will refund the Buyer the price paid for the service; or, if practicable and if the Buyer so choose, the Seller will arrange for the service to be performed again to a reasonable standard.
3.3.6. A refund will be made within 10 business days of receipt of the return. If the Seller determines that a refund can be issued without requiring a return, the refund will be made within 10 business days of authorization of the refund.
3.3.7. The refund request will normally be processed instantly. However, it may take 10 business days for it to display on the Buyer’s payment card statement.
3.3.8. After the carrier has received the Buyer’s item, it can take up to 2 weeks for the Seller to receive and process their return and refund.
3.3.9. If the Buyer has not received their refund after 10 business days, the Buyer should contact the Seller for further assistance.
3.3.10. The Buyer should contact the Seller directly to arrange for the return of an item as the method of return differs depending on the item. Note that the Seller will only refund return costs (using the method of return agreed with the Buyer) on items supplied through Infobwana Ltd, if the Buyer received an incorrect item, or a damaged item, or a defective item, or an item that does not match its description. Note that Infobwana Ltd will not be directly involved in any refund of return costs which may be agreed and arranged between the Seller and the Buyer.
3.3.11. In the event that the Seller requires ‘proof of postage’ in order to refund the return costs, the Buyer must furnish such proof failure to which the Seller ‘may’ opt not to refund the return cost and the Buyer will not have any claim thereof.