1. These terms
1.1 What these terms cover. These are the terms and conditions on which you use our
online store and the website at which it is hosted.
1.2 Why you should read them. Please read these terms carefully before you submit your order. These terms tell you who we are and explain how your products will be provided to you, what to do if there is a problem and other important information. If you have a question in connection with these terms, please contact us using the information contained in section 2.2 below.
2. Information about us and how to contact us
2.1 Who we are. We are TIME ZONE GROUP LTD a Company registered in the TANZANIA with address of Palm village mall,119 Mwai kibaki Road, Mikocheni Dar es salam, Tanzania.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0742 555 777 or by writing to us at info@timezone.afr.com
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or which is attached to your account.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Purchases you make
3.1 How do these terms apply. These terms apply to your use of the online store and the website where it is hosted. They also set out the terms that will apply when you make a purchase from a us.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and the Seller.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. We will assign an order number to your order and tell you what it is when your order is accepted. You should use your order number whenever you contact us about your order.
3.5 What do I do if I have a problem with my purchase. We hope you will be happy with the purchases you make in our online store. However, if you do have any problems you should contact us directly using the details set out in section 2. above.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products in our online store are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device's display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website and between Sellers, including to reflect the requirements of local law.
4.3 Your rights to make changes If you wish to make a change to the product you have ordered please contact us and we will let you know if the change is possible, which will usually only be the case before the product has been shipped. If it is not possible, you may be asked to cancel your existing order and place a new order through the online store or else to refer to our Returns Policy. We will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7.1 - Your rights to end the contract).
5. Our rights to make changes
5.1 Minor changes to the products. We may change the product:
5.2 More significant changes to these terms. We reserve the right to make changes to these terms from time to time, including without limitation to take account of changes in law or changes in our standard processes and procedures. Any changes we may make will be posted on the online store and, where appropriate, notified to you. By continuing to use the online store you will be deemed to accept the changes to these terms.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on the online store.
6.2 When we will provide the products. We will usually deliver products to you as soon as reasonably possible and in any event within 30 days after the day on which they accept your order. Please refer to our Shipping & Delivery Policy for further details.
6.3 Responsibility for delays outside our control. If the supply of the products is delayed by an event outside of our control we will contact you promptly to let you know. We will be liable for delays caused by the event.
6.4 What will happen if you do not give required information to us. We will need you to provide certain information so that the Seller can supply the products to you, for example, your delivery address, a valid email address and a mobile number that the Seller can reach you at, as well as any other information stipulated on our website. This information must be provided at the time of placing an order unless you are advised otherwise. If you do not give us this information, or if you give us incomplete or incorrect information, we or the Seller may not be able to process your order or else the Seller may need to end the contract. Neither we nor the Seller will be responsible for supplying the products late or not supplying any part of them if this is caused by you not providing the information required within a reasonable time of asking for it.
7. Your rights to end the contract
7.1 You may be able to end your contract with the Seller. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract. These rights are set out in our Returns Policy and you should read it carefully before you confirm your purchase. The Returns Policy addresses matters such as rights of cancellation, refunds, return of products and associated terms and charges.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will arrange for the Seller to refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.3 Exercising your right to change your mind. You have 14 days after the day you (or someone you nominate) receives the goods to exercise your right to change your mind. Returned goods must comply with the requirements prescribed in the Returns Policy.
7.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0742 555 777 or email us at info@timezone.afr.com for a return label or to arrange collection.
7.5 How to end your contract.
7.6 Tell us you want to end the contract. To end your contract, please let us know by doing one of the following:
7.7 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them. Please call customer services on 0742 555 777 or email us at info@timezone.afr.com for a return label.
7.8 When we will pay the costs of return. We will pay the costs of return:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
7.9 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
7.10 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.11 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
7.13 If there is a problem with the product
7.14 How to tell us about problems. If you have any questions or complaints about the product, please contact customer services on 0742 555 777 or email us at info@timezone.afr.com
7.15 Summary of your legal rights. The Seller is under a legal duty to supply products that are in conformity with the applicable law. Nothing in any terms of sale should affect your legal rights.
8. Price and payment
8.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see clause 8.3 for what happens if we discover an error in the price of the product you order.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 What happens if we get the price is wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than the stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we may need to contact you for your instructions before they accept your order.
9. Using the online store
9.1 Your use of the online store. You are solely responsible for securing and backing up
your content. We are not responsible for viruses and you must not introduce them.
9.2 Rules about linking to our site. You may not link to our online store without our prior permission. Any approved link must be provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
9.3 Managing your account. You must keep your account details safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@timezone.afr.com
9.4 How you may use material on the online store. We are the owner or the licensee of all intellectual property rights in the online store, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
10. Our responsibility for loss or damage suffered by you
10.1 Liabilities we do not exclude. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
10.2 Your liability to us. We want you to enjoy using our online store, but we also have to protect ourselves from any damage you may cause. To the extent permitted by the applicable law, you agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, licensors and suppliers (the “Time Zone Group LTD parties”) from and against all claims, losses, liabilities, expenses, damages and costs arising from or relating in any way to your use of the online store, any violation of these terms or any law or the rights of any third party. You fully and forever release and discharge the Time Zone Group LTD Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the online store.
10.3 Do not rely on information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
10.4 Damage to digital content or devices. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. [However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.]
10.5 Our liability for viruses. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our site will cease immediately.
10.6 Exclusion of warranties. The online store and its content and the products advertised on it are provided "as is.” We do not any promises of any kind, including about the online store's accuracy, adequacy, usefulness, reliability or otherwise. We do not guarantee that the online store will be uninterrupted or error-free, that any defects will be corrected, or that the online store is free of viruses or anything else harmful. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the online store and any products or services you may obtain or access through the online store, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
10.7 Our ultimate liability to you. None of the Time Zone Group LTD parties will be liable for any direct, special, incidental, indirect or consequential damages, including without limitation for any lost profits or lost data, that result from the use of, or the inability to use, the online store or any other activity in connection with the use of the platform, even if we have been advised of the possibility of such damages. You assume total responsibility for your use of the online store. Your only remedy against us in connection with any damages arising from your use of the platform or any content is to stop using the online store.
11. How we may use your personal information
11.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
12. Other important terms
12.1 Nobody else has any rights under this contract. This contract is between you and us. Except as explained in Clause 12.3, no other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization.
12.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may not transfer your rights or obligations under these terms to another person. However, you may transfer any applicable product guarantee to a person who has acquired the product. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
12.4 No commercial use. Any products made available through the online store are intended for non-commercial use. Purchase of products for resale purposes is strictly prohibited.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7 Which laws apply to this contract and where you may bring legal proceedings. You agree that these Terms and any dispute between you and Time Zone Group LTD shall be governed in all respects by the laws of the Tanzania. Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the online store (including but not limited to the purchase of product sold by us shall be resolved and exclusively in the competent courts of the Tanzanian courts.
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