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Terms and Conditions of Purchase Please read this carefully. By submitting an order on this web site you are agreeing to the terms that appear below which will apply to any purchase made on this web site. To register with and shop with Zimbuyer.com you must be eighteen years of age or over. These Terms and Conditions were last updated on 25th September 2008. 1 PURCHASE CONTRACT 1.1 this web site is operated by Zimbuyer.com ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date and time when these Terms and Conditions were most recently updated. 1.2 We sell goods only to end-user consumers. All goods are sold subject to the condition that they will not, in any way, be re-sold or otherwise circulated without our prior written consent. 1.3 We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the email. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions. 1.4 You must be 18 years old or over and must have completed the registration process in order to participate in our service. 1.5 The law places certain restrictions on transactions involving alcohol, and accordingly alcohol must be either ordered by you or delivered by us during normal licensing hours. If you have ordered alcohol from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person is there to receive the order.
1.6 You agree that if you decide to cancel your order article headings 6 and 5 below will apply. 2 PRICE AND DELIVERY CHARGES 2.1a The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s)at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered. 2.1b Where items are ordered and sold individually by weight (such as certain fresh meat, cheese or fruit and vegetables) the price of these items will be the price on the date that they are picked for you. Although we have an indicative weight guide on the website, the price you will be charged is the price for the actual weight you receive. 3 METHODS OF PAYMENT 3.1 Payment may be made by debit, credit or charge card and all major credit cards, individual and some business account cards. You can also pay for your order by cash or cheque, by depositing the funds into our bank account, which will be provided to you upon completing your order. 3.2 The debit, credit and charge cards accepted by us are those listed on the web site on the date on which your order is placed. 3.3 Authority for payment will be requested from your card issuer at the time of your order. This is done by 'reserving' £1 against the card you have used for payment. That £1 is not spent by you until we 'debit' your card with the full cost of your order, and the latter happens after we have delivered your shopping to you. We reserve the right to terminate our agreement with you if we are refused authority for payment at any stage. 3.4 You agree to indemnify us in full against all costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. This will include an administration charge of not less than £20. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you. 4 DELIVERY 4.1 Delivery will be made to the address specified by you when checking out on the website. You have the ability to change this address through the "My Account Details" feature on the website, and you must do so if your Zimbabwean recipient moves home so that we can deliver to the correct address. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether. 4.2 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. This may affect the price you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. 4.3 We will always try to supply you with the full quantity that you have ordered. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us promptly. If you are not satisfied with the quantity you have received we will arrange with you for these goods to be returned to us (please note that the goods must not be used and must be in good condition). You will not be charged for any incorrect goods or goods which you have not received. In any event, our liability will be limited to the price of the goods not delivered or incorrectly delivered and the cost of delivery. 4.4 We take special care to endeavour that deliveries are made within the period advised and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery period. An appropriate person must sign for all goods on delivery. If no one is at the address when the delivery is attempted the goods will be retained by us. We will leave notification of delivery and will telephone to attempt to rearrange the delivery. Please note adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event our liability to you will be limited to the price of goods not delivered and the cost of delivery. 4.5 Should you fail to be present for your delivery we are entitled to charge you in full for an amount equal to the cost of perishable items contained in your order and the cost of delivery. 5 DEFECTIVE GOODS 5.1 We guarantee the quality of our goods. You must inspect the goods and notify us promptly of any dissatisfaction with your order. We will ONLY replace any goods that do not meet with your reasonable satisfaction. We will arrange with you for the goods to be returned to us. Please note that you will have a maximum of 24 hours from time of delivery to contact us. As for electric products like generators please note that we will only replace the generator within 10 days if it found to be with a factory fault only.
5.2 Subject to clause 7.1 below, we will not accept any further claims for loss from or in connection with the supply of faulty goods, whether direct, indirect, consequential or otherwise, howsoever arising. 6 AMENDMENT OF ORDERS AND CANCELLATION RIGHTS 6.1In respect of non-perishable items, you have the right to cancel the contract within 24 hours from time of placing your order by notifying us by telephone or e-mail. In the event that the order is cancelled after the time stipulated above a 15% administration fee will be charged on the total amount. In the case perishable items you do not have the right to cancel the contract. Should you wish to cancel your order we shall be entitled to charge you in full for an amount equal to the cost of the perishable items contained in your order and the cost of delivery. Please note that we do not have refund used or opened products
6.2 We will arrange with you for cancelled non-perishable goods to be returned to us, and we will credit your payment card with their price within a reasonable period of the day on which cancellation was given. (provided payment has already been debited to your payment card)
NO MONEYS ARE PAID OUT IN ZIMBABWE, ALL REFUNDS ARE DONE DIRECTLY TO THE BUYER 7 WARRANTY AND LIABILITY 7.1 Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence, neither will any of these terms restrict any of your statutory rights. 7.2 In addition to paragraph 4.4 we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war. 7.3 Other than as set out in clause 7.1, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order. 8 PRIVACY 8.1 To help us ensure the best possible service some telephone calls will be recorded. 8.2 In assessing your request for delivery of groceries from us we may make enquiries about you including searching your records held by organisations like Experian and Equifax and credit reference agencies. We may also check your details held by the IMRG Security Alert scheme and other fraud prevention schemes. 8.3 We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. Our full privacy policy. 8.4 At the time of your registration you will receive a password. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you. 9 CUSTOMER COMPLAINTS 9.1 Any Customer complaints should be addressed to the Zimbuyer Customer Service Helpline, the e-mail address and telephone numbers of which are listed on our website in "Contact Us". 10 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS 10.1 From time to time, and in our complete discretion, purchases of goods may be subject to special offers. In the event that such a special offer applies to your purchase, the terms of such special offer shall be subject to these Terms and Conditions. If there is any conflict between the terms of a special offer and these Terms and Conditions, these Terms and Conditions shall prevail unless specifically excluded. 10.2 We may change the terms of special offers, or withdraw them altogether, at any time and without prior notice. 10.3 We reserve the right to offer in our complete discretion different customers different special offers, promotions and the ability to enter different competitions. 11 GENERAL 11.1 If any of these Terms and Conditions is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. 11.2 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only for your personal use in placing orders through Zimbuyer.com, and you may not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. 11.3 These Terms and Conditions will be governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute, which may arise between them.
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