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 Seller has given us. The revised Contract of Sale will be effective immediately as Sellers sign up, but will not affect the Seller’s existing Contract of Sale.

Note: thebestofzambia.com is solely operated by Infobwana Ltd, a company registered in Zambia

1. Introduction

1.1

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:

• Agreement: The Articles of Agreement between the Seller and Infobwana Ltd in which Infobwana Ltd provides a Mini Website service package (see 1.3. below and Appendix A), and optionally an Online Shop service package (see 5.3 below and Appendix D), to the Seller.
• Account: an arrangement between ourselves and a Seller who makes an offer to use our Online Shop service. Within this arrangement, the Seller will give us such information as is required in order to open an Online Shop on thebestofzambia.com and to transact between themselves and Buyers. A Seller’s Account provides a record of these financial transactions.
• Best of Zambia Subscription: a time bound Agreement between the Seller and Infobwana Ltd, in which Infobwana Ltd provides a package of services to the Seller. See 1.3. below and Appendix A.
• Buyer: A Site User who purchases products and/or services from a Seller through thebestofzambia.com
• Company Information: also called Source Material, refers to content submitted by the Seller for use in creating or amending their Mini Website(s) on thebestofzambia.com, including text, photographs, and links to Subsidiary Websites.
• Contract of Sale: a contract made between the Seller and Infobwana Ltd which can be verbal or written, and which pertains to an Agreement between them. (We usually make a verbal contract with the Seller. But occasionally, at the request of a Seller, we produce and sign a written one, in addition to the Invoice.)
• Design and Copy Standards: the professional graphic design and web design principles and criteria we follow in creating and maintaining Mini Websites.
• End Date: the end of the Seller’s Subscription Period.
• Marketing Support: the advertising of a Seller’s time sensitive marketing messages like events, news, and offers, as well as other creative content like PR articles, published on our various online platforms.
• Marketplace: that part of thebestofzambia.com that presents details of Sellers’ products and service packages, including prices, together with an online payment platform.
• Mini Website: a Seller’s page on thebestofzambia.com.
• Online Publication: the online presence of a Seller’s Mini Website on the Website.
• Online Shop: that aspect of the Marketplace that relates to a particular Seller and those products and service packages on offer for purchase by a Buyer.
• Printed Directory: a printed version of thebestofzambia.com, which is distributed by us.
• Site User: a third party (an individual or business) who used the Website to access information and/or make purchases.
• Start Date: the beginning of the Seller’s Subscription Period.
• Subscription Level: The Seller’s chosen Subscription option — Premium or Enterprise. See Appendix A.
• Subscription Period: an interval of time, usually 12 months, beginning on the Start Date, as indicated in Section 1. The Subscription Period begins 10 working days after the date of the Agreement.
• Subsidiary Websites: websites operated by third parties which the Seller’s Mini Website may refer to via hypertext links.
• Seller: a business that offers products and/or services for purchase through thebestofzambia.com
• Terms and Conditions: the clauses set out in Sections 2 to 8 below together with and including the appendices hereto.
• The Best of Zambia: refers to thebestofzambia.com an initiative of InfoBwana Ltd.
• We/us/our: refers to InfoBwana Ltd.
• Website: The Best of Zambia website, thebestofzambia.com

1.2

The essential purpose of thebestofzambia.com is to give Site Users information about products and services available in Zambia, so that they can make a decision to purchase those products or services, thereby promoting the producer, Seller and/or service provider.

The following Terms and Conditions relate to a Contract of Sale between InfoBwana Ltd and parties who offer to purchase Best of Zambia Mini Website Subscriptions (and optionally use our Online Shop service) for the purposes of promoting themselves and selling their products and services.

1.3

A Best of Zambia Subscription refers to a package of services supplied by us to the Seller for an agreed period. This package of services is made up of:

1.3.1. The development and Online Publication of one or more Mini Websites on thebestofzambia.com. Each Mini Website includes contact info, photos, prices, products, services and optionally an Online Shop.

The Best of Zambia Mini Website Subscriptions can be at different levels — Premium or Enterprise — see Prices and Features Tables at Appendix A for details.

If it is agreed between Infobwana Ltd and the Seller that more than one Mini Website is required to best market a Seller’s products and/or services, then, for purposes of organising the Seller’s Mini Website content, it may be split logically into two, three or even four separate Mini Websites.

A Subscription is renewable.

1.3.2. An Online Shop featuring the Seller’s products and service packages.

1.3.3. Listings in our online Business directory, which is part of thebestofzambia.com, enabling the Seller, and their products and services, to appear in relevant search results e.g. Google.

1.3.4. An advertisement in our Printed Directory.

1.3.5. Provision of Marketing Support, whereby we advertise a Seller’s time sensitive marketing messages and work with them to produce creative content like PR articles. This content is distributed to Facebook, Twitter, Instagram, LinkedIn and email subscribers.

2. Provision of Company Information

2.1. Company Information supplied by the 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.

2.1.1. Company Information refers to content submitted by the Seller for use in creating or amending their Mini Website on thebestofzambia.com, including text, photographs, links to Subsidiary Websites, and details of products and service packages.

2.1.2. In order to develop a Seller’s Mini Website, we need appropriate Company Information that meets our Design and Copy Standards. The sourcing of this material will be agreed between us and the Seller. The Seller agrees that, within 10 working days of the date of the Agreement, they will supply the Company Information needed in order for us to produce their Mini Website on thebestofzambia.com.

2.1.3. All Company Information supplied electronically by the Seller must be submitted in the formats specified in our Guidelines for the Transfer of Electronic Copy and Images (Appendix C).

2.1.4. The Seller warrants that the Company Information submitted is their own original work and/or that they have the right to make it available to us, with all relevant consents, licenses and approvals for the material to be posted on thebestofzambia.com, that it complies with all relevant advertising (or other) legislation, and that the posting of the material on thebestofzambia.com does not infringe any third party privacy, intellectual property, contractual or other proprietary right. The Seller shall indemnify us and shall hold us harmless if we incur any liability arising out of or in breach of the Contract of Sale between the Seller and Infobwana Ltd.

2.1.5. The Seller confirms that they have the right to sell the products and/or services set out in the Company Information and that they comply with any applicable laws or regulations.

2.1.6. We will take all reasonable measures to safeguard the Company Information entrusted to us. However, we shall not be held responsible for any loss, damage or unauthorised use of such materials, nor can we be held responsible for the actions of the vendors and Sellers we may utilise.

2.1.7. Whilst every reasonable effort will be made by us to obtain Company Information that meets our Design and Copy Standards, if this is not made available to us, we reserve the right not to publish the Seller’s Mini Website, or to remove their Mini Website from thebestofzambia.com. In this regard we shall not be held liable for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever resulting from our not publishing or removing the Seller’s Mini Website due to lack of provision of Company Information that meets our Design and Copy Standards.

2.2. Company Information collected or generated by us

2.2.1. Unless as a result of our own negligence, we shall not be held liable for any personal injury, or loss or damage of property, incurred during any visit by us to the Seller’s premises or any other premises for the purpose of collecting or generating Company Information on the Seller’s behalf.

2.3. Company Information — general

2.3.1. The Seller agrees and undertakes to indemnify us against any losses we suffer as a result of their sending us Company Information containing viruses or files which cause damage or corruption to our IT equipment and systems.

2.3.2. We accept no liability for any Company Information not received by us or received in a corrupted form, or for loss or damage to the Seller’s published material, artwork or photographs.

2.3.3. The Seller agrees to grant us a perpetual, unconditional, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, edit, translate, amend, adapt and distribute their Company Information on thebestofzambia.com or otherwise.

2.3.4. No Company Information may be submitted for inclusion in the Seller’s Mini Website which is knowingly inaccurate, threatening or offensive, or calculated or likely to interfere with the proper functioning of other websites. Any breach of this provision will render the party in breach liable to indemnify us against any damages, claims, costs or other liabilities that it may suffer or incur as a result (whether directly or indirectly) of such breach.

3. Design and Copy Standards

3.1.

In our professional capacity as graphic and web designers, we have established Design and Copy Standards (Appendix B). These inform the design, format, layout, style and content of each Mini Website, including the design and layout of the copy and images. The Seller confirms they agree for us to follow the Design and Copy Standards of thebestofzambia.com in the development of their Mini Website, as we see fit, to effectively promote their products and/or services. To this end we reserve the right to adapt and/or amend and/or not accept some or all of the Seller’s Company Information.

4. Mini Website development and content

4.1. Mini Website development and content — procedures

4.1.1. We agree to complete the Seller’s Mini Website within 10 working days of receiving all the Company Information needed to produce the Mini Website. We develop and maintain Mini Websites online dynamically. Each Mini Website is in the public domain from the beginning of its development and it may immediately begin to show up within search engines.

4.1.2. Once the Seller’s Mini Website has been developed, it is the Seller’s responsibility to check that the information therein is correct and correctly presented, and to notify us of any errors, which we will then correct. See points 4.1.3, 4.1.4 and 4.2.6 for additional information.

4.1.3. We will notify the Seller of completion of their Mini Website by sending an email to the last email address the Seller has given us, but we cannot be held responsible for their receiving such notification or responding to it. By not responding to the notification of the completion of their Mini Website within 10 working days, the Seller will be deemed to have approved the content of their Mini Website and we cannot be held liable for Mini Website content being out-of-date, containing typographical errors, or otherwise being factually inaccurate through error or omission.

4.1.4. Once we notify the Seller that their Mini Website has been completed, if the Seller notifies us within 10 working days of the details of specific amendments they would like made to their Mini Website, then we will carry them out, according to our Design and Copy Standards, within 10 working days. We will notify the Seller of completion of these amendments, by sending an email to the last email address the Seller has given us, but we cannot be held responsible for their receiving such notification or responding to it. In exceptional circumstances we will carry out a second set of specific amendments, but not more than this. By not responding to the notification of the completion of these amendments within 10 working days, the Seller will be deemed to have approved the content of their amended Mini Website and we cannot be held liable for Mini Website content being out-of-date, containing typographical errors, or otherwise being factually inaccurate through error or omission.

4.1.5. When the Seller notifies us (by email or other electronic format) of any amendments they require to their Mini Website during the Subscription Period, the copy and/or images of their Mini Website will be updated by us within 10 working days in accordance to the amendment notification(s) received. The Seller may submit up to a maximum of three amendment notifications per year within the Subscription Period. Additional amendments may be billed at an hourly rate of US$70.

4.1.6. The presentation and content of the Seller’s Mini Website may be updated by us for the purpose of providing the Seller with as effective a marketing and selling tool as possible. Because of this we are not able to guarantee that the Seller’s Mini Website will not change during their Subscription Period.

4.2. Mini Website development and content — limits of liability

4.2.1. We aim to promote the Seller’s products and/or services through their search-engine optimised Mini Website, but we cannot guarantee increased sales and business as a result, as that depends on factors outside our control.

4.2.2. Whilst we will make every reasonable effort to ensure the accuracy of the Mini Website produced, we cannot be held responsible for the correctness or otherwise of copy, illustrations, photographs, trademarks, nor for attaining clearances or approvals.

4.2.3. We accept no liability for any Company Information or amendment notifications not received by us or received in a corrupted form, or for loss or damage to the Seller’s published material, artwork or photographs. We also accept no liability for information on thebestofzambia.com becoming out-of-date, containing typographical errors, or otherwise being factually inaccurate or omitted from publication by us.

4.2.4. We shall not be liable to the Seller for any loss of profits, business, revenue, opportunity, goodwill or anticipated savings nor for any indirect, consequential or economic loss whatsoever arising in connection with the development, posting and updating of the Seller’s Mini Website.

4.2.5. The Seller agrees that they are responsible for all complaints, legal actions or threatened legal actions relating to the Seller’s Mini Website and agree to keep us indemnified and hold us harmless from all costs, damages and other losses howsoever arising from the publication of their Mini Website.

4.2.6. We will not be held responsible for any of the Seller’s Mini Website content which, because of the Company Information on which the content was based, is in any way in breach of any legislation or the legal rights of any third party, knowingly inaccurate, threatening or offensive, or calculated or likely to interfere with the proper functioning of other websites. The occurrence of any such condition will render the party who supplied the Company Information liable to indemnify us against any damages, claims, costs or other liabilities that we may suffer or incur as a result (whether directly or indirectly) of such condition.

4.2.7. Notwithstanding the provisions of these Terms and Conditions purporting to exclude or limit our liability, if we are found liable to the Seller for any negligent error, action or omission then our total liability to the Seller in contract, tort or otherwise shall be limited to the total of such fees paid or payable by the Seller to us for the Subscription in connection with which such liability arises.

5. Marketplace and Online Shop

5.1. Marketplace and Online Shop — content, processing and commissions

5.1.1. We agree to add the Seller’s products and/or service package details, including prices, up to an agreed volume. This will normally be completed within 10–20 working days of receiving all the Company Information needed. We develop and maintain Mini Websites online dynamically. Each Mini Website is in the public domain from the beginning of its development and updates may immediately begin to show up within search engines.

5.1.2. For those Sellers that have registered with us to have an Online Shop, we agree to provide an online facility for Buyers of the Seller’s products to order and pay for the products they wish to purchase. This is based on a ‘click and collect’ model.

5.1.3. We will offer this Online Shop service for those products indicated to us by the Seller. For each product and/or service, the price we post on thebestofzambia.com will be the standard retail price discounted by 5%, in order to encourage online sales and rapid adoption.

5.1.4. For each sale of one or more of the Seller’s products made to a third party (the Buyer) via the Seller’s Online Shop, we will charge a 6% commission.

5.2 Marketplace and Online Shop — eligibility

5.2.1. A Seller of a Best of Zambia Subscription package may use our Online shop facilities to sell its products, provided

5.2.1.1. they are within a current Best of Zambia Subscription period
5.2.1.2. they have registered an Account for our Online Shop service. This involves the Seller providing us with certain details including Bank Account details.
5.2.1.3. they have accepted these Terms and Conditions, including Appendix D which relates to Buyers’ rights and the returns and refunds policy for users of our Online Shop service.
5.3.1.4. they commit to providing us each week with an up-to-date list of those products and services that are currently available for sale on the Seller’s Best of Zambia Online Shop, together with current prices.

5.2.2. Provided a Seller continues in a Best of Zambia Subscription, they may continue using our Online Shop service. But if they do not renew their Best of Zambia Subscription, upon expiry their products and services will no longer be listed for sale.

5.3 Marketplace and Online Shop — responsibilities, operation of the service and terminations

5.3.3.1. Whenever a Buyer purchases a Seller’s product or products, and pays in full, we agree to facilitate the processing of that payment. Otherwise we are not involved in the sales transaction between the Seller and the Buyer.

5.3.3.2. We agree to send to the Seller, via the email address designated by them, the details of each order placed and paid for in full, to enable the Seller to fulfil the order. These details will be sent to the Seller as soon as the full payment has been authorised and received.

5.3.3.3. Once the Seller is notified by us of an order, it is entirely the responsibility of the Seller to fulfil that order, ensuring items ordered are ready for collection during the collection period, and product or service standards stated in the documentation the Seller has given in relation to that product or service.

5.3.3.4. The Seller keeps us updated on a weekly basis 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 fulfil an order, the Seller will notify the Buyer and ourselves. We will then raise a refund for the Buyer. Note that the cost incurred in processing the Buyer’s payment will be charged to the Seller.

5.3.3.5. We will normally transfer to the Seller’s Bank Account, on a weekly basis, all monies, net of commissions and other charges if relevant, received on the Seller’s behalf for sales of their products in the previous week, subject to any returns or refunds (see Appendix D). However, since third parties are involved (banks and secure payment service providers), payment to Sellers may occasionally be delayed.

5.3.3.6. Whilst all information provided by the Seller is treated with the utmost confidentiality, in order to efficiently and effectively operate our Online Shop service and to process transactions, we may use the services of one or more third parties. The Seller accepts for that purpose that such third parties may be given, and may give access to, personal and non-personal information relating to the Seller and the Seller’s Account including bank account details.

5.3.3.7. See Appendix D for details related to Buyers’ statutory rights as well as the returns and refunds policy which any Seller who uses our Online Shop service is required to abide by.

5.3.3.8. The Seller is not authorised to import goods in our name.

5.3.3.9. The Seller may at any time terminate their use of our Online Shop service by notifying us by email or letter, preferably at the end of their subscription period.

5.3.3.10. We may terminate a Seller’s use of this service if they have materially breached the Terms and Conditions here set out and failed to cure within 7 days; or if we receive a high number of complaints about poor product/service quality and/or poor collection service; or if the Seller’s Account has been used for fraudulent or illegal activity; or if the Seller’s use of this service has harmed, or may harm, other Sellers, buyers or ourselves. We will notify the Seller of any such termination by email or letter, indicating the reason and any options to appeal. Upon termination, the Seller will remain responsible for any obligations in connection with transactions entered into before termination, and for any related liabilities.

5.4 Marketplace and Online Shop — limits of liability

5.4.1. Whenever a Buyer purchases a Seller’s product or products, we will arrange for the processing of the payment, as indicated above. Otherwise we are not involved in the sales transaction between the Seller and the Buyer, and we do not guarantee payment by or on behalf of a Buyer. The products on offer are owned by the Seller unless or until they are purchased by the Buyer.

5.4.2. Furthermore, we do not accept responsibility for the quality of products purchased through thebestofzambia.com, nor for the non-availability or delayed availability of the same.

5.4.3. We will not be held liable for any third-party claim or other liability related to the Seller’s non-compliance with applicable laws, or the sale, fulfilment, refund or return, or any personal injury, death or property damage related to the Seller’s products.

5.4.5. The Seller is responsible for the collection and payment of their own applicable taxes and filing of relevant returns etc. e.g. VAT.

5.4.6. Whilst we aim to promote the Seller’s products and/or services through our Marketplace and Online Shop service, we can in no way guarantee increased sales and business as a result, as that depends on factors outside our control.

5.4.7. All relevant Terms and Conditions concerning the provision of Company Information, Design and Copy Standards, Mini Website development and content, also apply to our Marketplace and Online Shop services.

6. Marketing Support

6.1.

For all Subscriptions, we provide Marketing Support via social media and other online platforms as appropriate.

6.2.

We undertake to promote the Seller’s products and/or services online via a range in online communication tools as deemed appropriate by us.

6.3.

We undertake to promote the Seller a minimum of four times per year within the Subscription Period if they provide us with suitable information such as details of their events, offers, news etc. If the Seller does not provide us with such information during their Subscription Period, we cannot guarantee this coverage on our website and or online communication channels.

6.4.

Provided Sellers can provide material deemed by us to be suitable, we will promote them more than four times a year and may work with them to produce creative content pieces, like PR articles, which we will publish online.

6.5.

Whilst we aim to promote the Seller’s products and/or services through Marketing Support, we can in no way guarantee increased sales and business as a result, as that depends on factors outside our control.

6.6.

All relevant Terms and Conditions concerning the provision of Company Information, Design and Copy Standards, Mini Website development and content, also apply to Marketing Support.

7. Subscription Period, fees and cancellations

7.1.

The Subscription Period begins 10 working days after the Agreement has been made.

7.2.

The Subscription fee may be revised by us at any time but this will not affect the Seller’s existing Subscription. We will inform the Seller of any revision of the Subscription fee by sending an email to the last email address the Seller has given us. The notification will give one month’s notice of such change of Subscription fee.

7.3.

Full payment for Best of Zambia Mini Website Subscriptions detailed on the Seller’s invoice must be made once the Agreement is made, and in any case within 30 days of the date of the Agreement. Payment should be made to InfoBwana Ltd.

7.4.

Payment will normally be made in Zambian Kwacha. But if required, payment may be made in Dollars or Pounds by arrangement. InfoBwana’s current exchange rates are available on request. InfoBwana’s exchange rates are reviewed monthly.

7.5.

If we do not receive payment within 30 days from the date of the Agreement, we reserve the right to remove the Seller’s Mini Website from thebestofzambia.com. The Seller agrees that late payments may incur a monthly interest charge of 1%. We reserve the right to charge the Seller for any costs related to the chasing up and collection of late payments.

7.6.

Subscriptions, once accepted, cannot normally be cancelled. But in exceptional circumstances we will remove the Seller’s Mini Website upon receipt of their written request to do so. We are not obliged to give a refund for any time remaining on the Subscription. We reserve the right to charge for any work carried out before the cancellation, at our normal rate of US$70 an hour.

8. Renewals

8.1.

We will give the Seller at least 30 days’ notice that their Renewal will be due shortly, by sending an email and renewal invoice to the last email address the Seller has given us. To renew their Subscription, the Seller should make full payment within 30 days of the renewal invoice.

8.2.

All relevant Terms and Conditions concerning the provision of Company Information, Design and Copy Standards, Mini Website development and content, Marketing Support, Subscription Period, and fees and cancellation (relating to Subscriptions above) also apply to renewal Subscriptions.

9. General

9.1.

We will be in touch with the Seller to obtain Company Information, to notify them of completion of their Mini Website, to receive information for their Marketing Support, to receive any amendment notifications and to keep them abreast of Best of Zambia developments. We use the contact details the Seller has given us, but we cannot be held responsible for delays or errors due to their non-availability or their non-receipt of our emails.

9.2.

These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with International Commercial Law. If any provision of these conditions is unlawful, void or unenforceable then that provision shall be deemed void and thus shall not affect the validity and enforceability of the remaining provisions.

9.3.

The Seller’s rights under these conditions are personal to the Seller and us, and the Seller shall not assign or transfer them to any third party. We shall be able to assign or transfer our rights under these conditions at will. No failure by us to exercise any of our rights under these conditions shall operate as a waiver of our rights.

9.4.

The contract formed on these conditions between the Seller and Infobwana Ltd is for the sole benefit of them and us and is not intended to confer any benefit upon any third party and no third party shall have any right to enforce it.

On behalf of

……………………………………………………………………………………(Company name)

I agree to the Terms and Conditions detailed above, and in the Appendices attached below,

Signed:

Name: ………………………………………………………………………………

Position: …………………………………………………………………………

Date: ………………………………………………………………………………

Appendix A

Mini Website Prices and Features Table

Ecommerce Prices and Features Table

Appendix B: Design and Copy Standards

To showcase the Seller’s products and/or services in the best possible way, we have established Design and Copy Standards in our professional capacity as graphic and web designers. These standards inform the design, format, layout, style and content of each Mini Website, including the design and layout of the copy and images.

Copy on the Seller’s Mini Website

• We are able to publish a maximum of two land line telephone numbers, two cell phones, and an email address.
• We are able to show a physical address and a postal address.
• We are able to show Facebook, Twitter, Instagram and Linkedin addresses.
• We may shorten the Seller’s company name if necessary, to fit on one line of 38 characters.
• Text in the black banner is created to be search engine optimised. We choose key words and phrases strategically. Text in the black box ends with one clear line above the tab name(s) and is a maximum of 400 characters.
• The main content is written to ensure we publish all the information the Seller’s potential customers may need. Everything we write is focussed on the needs of the Seller’s customers, in order to generate the maximum interest.

Imagery on the Seller’s Mini Website

• Banners must be image based and should not contain white space or text. Illustrations will be considered for inclusion but may be rejected.
• Images in the gallery must be image based and should not contain white space or text. Illustrations will be considered for inclusion but may be rejected. Adverts, maps or information heavy images are not suitable for the gallery and will not be included.
• All imagery, including logos, should not be pixelated. If the Seller cannot supply a suitable logo their Mini Website can be published without one.

Appendix C: Guidelines for the Transfer of Electronic Copy and Images

In order to develop a Seller’s Mini Website, we need appropriate Company Information that meets our Design and Copy Standards. Company Information refers to content submitted by the Seller for use in creating or amending Mini Website on thebestofzambia.com, including text, photographs and links to Subsidiary Websites.

Electronic copy

Wording for the Seller’s Mini Website may be supplied to us via the following:

• The Seller’s website address
• The Seller’s Facebook page
• thebestofzambia.com address of the Seller’s Sellers and/or partners
• Microsoft Word documents
• PDF documents

The Seller can supply us with physical leaflets and brochures to supplement the above.

Electronic images

Images for the Seller’s Mini Website may be supplied to us via the following:

• .jpg files
• .png files
• .pdf files
• .tiff files

Images must be large enough to fit the dimensions of our Website and need to be a minimum of 735 pixels wide and 700 pixels high. Logos should be a minimum of 160 pixels wide and 80 pixels high.

We strongly recommend the Seller reads part 2 “Provision of Company Information” of the Terms and Conditions (Section 2) for further information related to Company Information. This will help ensure that we receive the material we need to accurately represent the Seller’s products and/or services and market them as effectively as possible.

Appendix D: Marketplace and Online Shop — Buyers’ Rights, Returns and Refunds

A Buyer is an individual and/or business who may purchase products and/or services from a Seller through thebestofzambia.com

Statutory Rights

A Buyer has rights in relation to incorrect, damaged or defective goods, or poor or delayed services that they may have purchased in accordance with the provisions of section 49 of the Competition and Consumer Protection Act and other applicable consumer rights under any other written law. Please visit http://www.parliament.gov.zm/node/3351 for a downloadable copy of the competition and Consumer Protection Act №24 of 2010. This link explains the rights of a Buyer in a situation where goods or services are not as described, not fit for purpose or not of satisfactory quality.

About Returns

In accordance with their statutory rights, if a Buyer receives an item via thebestofzambia.com that is either incorrect, damaged, defective or does not match its description, they may return the item to the Seller. If they return an item, in so doing they agree and accept that the returned product will no longer be their property.

Returns Methods and Costs

The Buyer will contact the Seller directly to arrange for the return of the item. The method of return may differ depending on the item. The Seller will refund the cost of sending an item back to them if it is defective, damaged or incorrect. Note that the Seller can require ‘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.

If a product becomes defective after 30 days, the Buyer will not be able to return the item. But they may visit the Seller’s own website or contact them directly for troubleshooting and/or support with the issue the Buyer has with the product.

Customised Products

For items with customisation options, including any product configurations, image personalisation, text inscriptions, or designs (such as engravings, monograms, embroidery or embossing), the following conditions shall apply:

The Buyer is required to notify the Seller within 14 days of receipt. If the item contains personal configuration, inscription, or design on these products, the Seller is not required to accept returns unless the products are damaged or defective upon arrival. If there is a misspelling or error in the configuration, inscription, or design due to a mistake by the Seller, the Buyer is required to refer to the terms and conditions of the Seller. All product packaging (such as boxes) must be returned with the item.

Removal of personal data

When returning a product for any reason, the Buyer is required to 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. They are fully responsible for any data breach that may occur if they fail to do so.

Removal of personal items

A Buyer returning a product 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 them within the returned product or within the box containing the returned product.

Other Specific Items

The Buyer will contact the Seller directly for instructions on how to return Hazardous Materials and/or High Value Items.

About Refunds

This refund policy does not affect the statutory rights of the Buyer.

The Seller may determine that a refund can be issued without requiring a return e.g. for services rather than products, or if an item is lost in transit. If the Buyer is not required to return the item in order to be given a refund, the Seller must notify them.

Refund of price of goods

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 instruction from the Seller, we will refund the price paid for the goods to the Buyer. Note that the cost incurred in processing the Buyer’s payment will be charged to the Seller. Alternatively, 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 Buyer.

The refund and how it is issued may differ based on the condition of the item, how long the Buyer has had the item, and how the item was purchased.

Refund of price of services

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 instruction from the Seller, we will refund the price paid for the goods to the Buyer. Note that the cost incurred in processing the Buyer’s payment will be charged to the Seller. Alternatively, if practicable and if the Buyer so chooses, the Seller will arrange for the service to be performed again to a reasonable standard.

Timing

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, on instruction from the Seller, we will refund the price [aid for the goods to the Buyer within 10 business days of authorisation of the refund. Note that the cost incurred in processing the Buyer’s payment will be charged to the Seller.

Note that 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.

Note also that after the carrier has received the item, it can take up to 2 weeks for the Seller to receive and process the return.

If the Buyer has not received their refund after 10 business days, they may contact the Seller directly for further assistance.

Refund of return costs

The Buyer will contact the Seller directly to arrange for the return of an item as the method of return differs depending on the item. The Seller will only refund return costs (using the method of return agreed between the Seller and the Buyer) on items supplied through Infobwana Ltd, if the Buyer received an incorrect item, or the Buyer received a damaged item, or the Buyer received a defective item, or the Buyer received an item that did not match its description.

Note that the Seller can require ‘proof of postage’ in order to refund the return costs. 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.