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TERMS AND CONDITIONS

  1. Introduction

These terms govern your use of https://shopping.hammerandtongues.com(“The Site”) and your purchase of products from the different Stores on the Site. By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Hammer & Tongues Online (Private) Limited t/a Hammer and Tongues Shopping Mall (hereinafter “HT Shopping Mall”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement. You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of the site. Such linked information including but not limited to Terms and Conditions on individual Store pages is hereby incorporated by reference into this User Agreement.

 

  1. Currency

All prices are quoted in US Dollar ($) and all transactions will be charged in US$. The actual amount to be paid in your home currency will be determined by the prevailing exchange rate of our bankers.

 

  1. Ordering

When buying an item, you agree that:

 

Please note that:

 

 

In connection with using or accessing the Services you will not:

If we believe or discover that you are abusing HT Shopping Mall in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

  1. Your Account and Registration Obligation

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site. On becoming a member of the Site, you agree:

 

 

  1. Electronic Communications

You agree to receive calls, including autodialed and/or pre-recorded message calls, from HT Shopping Mall at any of the telephone numbers (including mobile telephone numbers) that we have collected, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

HT Shopping Mall may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or pre-recorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.

 

  1. Fees and Services

The Site is an online platform allowing for the sale and purchase of items between sellers and buyers. Membership on the Site is free. HT Shopping Mall does not charge any fee for browsing the Site.

 

  1. Payments

The HT Shopping Mall Payments system means that payment for items on the Site may be made online or partly online through the HT Shopping Mall payment facilities which HT Shopping Mall makes available on the Site. By providing these payment facilities, HT Shopping Mall is merely facilitating the making of online payments by buyers possible but HT Shopping Mall is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and HT Shopping Mall is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does HT Shopping Mall have any fiduciary duty to any user.

 

  1. Pricing Policy

All prices are inclusive of VAT (where applicable) at the current rate and are correct at the time of entering the information onto the system. We reserve the right to amend prices without notice from time to time. The total cost of your order is the price of the products ordered plus delivery charges, where applicable. By completing the process for an on-line order you are confirming that the credit/debit card and Ecocash/Telecash account being used for the transaction(s) are yours.

Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it.

 

 

  1. Delivery

Delivery service is available on selected products. On these products, you may opt to have the purchased item/s delivered to your preferred address or you may opt to collect the purchased item/s from the supplier. If you opt for delivery, you will be notified of the delivery cost at checkout point.  You are required to make payment for the delivery service before goods are delivered. We will make every effort to facilitate the delivery of goods within the estimated timelines. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a flood or fire. HT Shopping Mall is merely facilitating the process and shall be under no liability for any delay or failure to deliver the products within estimated timelines. Risk of loss and damage of products passes to you on the date when the products are delivered to you. The following delivery options are available.

 

Normal Delivery Service

Goods will be delivered within 24hours of purchase.

Express Delivery

Express Delivery is same day service offered to buyers who are not prepared to wait for the normal delivery times. Delivery under this service is within 3 hours from the time of purchase. This service is available from 0900hrs to 1500hours Monday to Friday.

After Hours Delivery Service

HT Shopping Mall offers flexible delivery times for buyers who may not be available during normal business hours and choose to have their orders delivered late into the night. This service is available between 1700hrs to 2200hours Monday to Saturday.

International Deliveries

International Deliveries will require a separate arrangement from the above options.  Please contact HT Shopping Mall team for arrangements.

 

  1. Returns Policy

Please note that not all products are returnable and not all shops will accept returns. Each shop has a returns policy available on their site and you must understand each Store’s returns policy. To claim refund or exchange any item you are not completely happy with, contact us though our customer service email or our available phone lines elaborating the product name, receipt number, and reason of return within 48hours of the item being delivered to your nominated address or collected. HT Shopping Mall will forward the request to the shop the product was purchased. If a return agreement is reached please return items in their original condition, unused, in their original packaging, with garment tags and any other security devices still attached within 14 days. HT Shopping Mall, its officers, employees, agents, and affiliates shall not be liable if the store from which you purchased a product fails to return any goods as we are only facilitating the process. The following products cannot be returned once purchased:

 

 

  1. Platform for Communication

The Site is a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. HT Shopping Mall does not buy or sell items. The Site cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. HT Shopping Mall is not responsible for any non-performance or breach of any contract entered into between users and does not transfer legal ownership of items from the seller to the buyer. The contract for sale of any item shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over any item vest with HT Shopping Mall nor shall HT Shopping Mall have any obligations or liabilities in respect of such item or the contract between the buyer and seller. HT Shopping Mall is not responsible for unsatisfactory or delayed performance, losses, damages or delays as a result of items which are unavailable.HT Shopping Mall is not required to mediate or resolve any dispute or disagreement between users. The Site has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, or the ability of buyers to pay for items. HT Shopping Mall does not make any representation or warranty as to the attributes (including but not limited to quality, worth or marketability) of the items proposed to be sold or purchased on the Site. In particular, HT Shopping Mall does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site, nor is HT Shopping Mall a supplier or manufacturer of any items sold by Stores or purchased by users. The Site does not make any representation or warranty as to the attributes (including but not limited to legal title, creditworthiness, or identity) of any of its users.

 

 

  1. Links to Third Party Websites

The Site may include links to third party websites that are controlled by and maintained by others. The Site cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that HT Shopping Mall is not responsible for the content or availability of any such sites.

 

  1. Limitation of Liabilities

To the extent permitted by law, HT Shopping Mall, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not HT Shopping Mall has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to HT Shopping Mall and HT Shopping Mall shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.

 

  1. Indemnity

You agree to indemnify and hold HT Shopping Mall and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.

 

  1. Warranties and Disclaimers

Neither HT Shopping Mall nor any of their officers, directors, employees or representatives represent or warrant:

 

You acknowledge that due to the nature of the Internet, we cannot guarantee that access to the Website will be uninterrupted or that e-mails or other electronic transmissions will be send to you or received by us. You expressly agree that use of this service is at your sole risk. To the fullest extent permissible under the applicable law, HT Shopping Mall and its affiliates disclaim all warranties of any kind, express or implied, including but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose.

 

We try to keep HT Shopping Mall and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Site updates and other notification functionality in HT Shopping Mall’s Services may not occur in real time. Such functionality is subject to delays beyond HT Shopping Mall’s control. Any Warranty or Guarantee on products is offered by the respective Stores and not HT Shopping Mall. Please refer each store’s Warranty and Guarantee Policy.

 

  1. Security

You are solely responsible for keeping your personal username and password secure and confidential. You should not disclose your username or password to any other party. Once logged on using your username and password whether authorised or unauthorised, you take full responsibility for the ensuing transactions once access to the site is obtained. If you believe that your username and/or password have been compromised or you are aware of any other breach of security regarding the Site, then you must notify us immediately.

 

  1. Intellectual Property

Save for any trademarks of the Stores featured on the Website, all contents of this Website including, but not limited to, the text, graphics, links and sounds are owned by HT Shopping Mall and may not be copied, downloaded, distributed or published in any way without their prior written consent, except that you may print, copy, download or temporarily store extracts for your personal information or when you use the Services.

 

  1. Applicable Law

Any dispute arising out of your use of this Website or material or content from this Website shall be resolved according to the laws of Zimbabwe. Zimbabwean Courts shall have exclusive jurisdiction over all claims against HT Shopping Mall.

  1. Amendments

HT may amend this User Agreement at any time, and the amendments will be posted on the site. Changes take effect when they are posted on the HT site. Your continued use of this site after the changes have been posted means that you are in agreement with the changes.

 

 

HAMMER & TONGUES ONLINE (PRIVATE) LIMITED – PRIVACY POLICY

 

https://shopping.hammerandtongues.com/ (“the Website”) is owned and operated by Hammer & Tongues Online (Private) Limited t/a Hammer & Tongues Shopping Mall (HT Shopping Mall), part of the Hammer & Tongues Africa Holdings Group. This policy, together with our Terms and Conditions, explain how HT Shopping Mall may use information we collect about you. By accessing the Website you confirm to have understood and agreed to this Policy and to our Terms and Conditions.

 

  1. Information we collect about you

 

Collecting your personal information helps HT Shopping Mall to improve the goods and services offered on the Website and to administer and operate your account with us. More importantly, we use your information to check and verify your identity, and to prevent or detect crime. We may share your personal information across the Hammer & Tongues Africa Holdings Group so they can provide you with relevant products and services and we may share your information with the suppliers of the products and services offered on the Website.

 

We collect information about you when you:

 

  1. Register an account with us;
  2. Visit the Website;
  3. Buy any products or services offered on the Website;
  4. Contact us over the telephone or in writing; and
  5. Complete a survey or questionnaire.

 

  1. Mailing lists and off-Website marketing

 

By opening an account with us or making a purchase on the Website, you agree that we may contact you with offers and information about products or services offered through the Website and for feedback on your experience with us.

 

  1. Cookies

We may use cookies to give you the best possible shopping experience on the Website. Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.

 

  1. Other websites

 

The Website may contain links to other sites which are outside our control and not covered by this policy. The operators of these sites may collect information from you that will be used by them in accordance with their policy, which may differ from ours.

 

  1. Liability

 

HT Shopping Mall disclaims and has no liability for all loss or damage, direct special consequential or otherwise, personal injury or expense of whatsoever nature, arising out of or in connection with the use of the Website and you hereby indemnify HT Shopping Mall and hold it harmless against all loss, liability, damage, direct, special, consequential or otherwise or personal injury or expense of whatsoever nature which may be suffered by you or such third party arising out of or in connection with the use of the Website.

 

  1. Amendments to Policy

We reserve the right to change the policy at any time and you are therefore encouraged to constantly read through the policy for any changes.

 

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