Purchase Order Terms & Conditions

This website www.micmaronline.com is owned by Micmar Investments Limited.

The site incorporates the Micmar Online

Shopping platform which represents and promotes the sale of Micmar

Investments Limited products as well as other products (collectively “the

products”).

The online purchase of any products by the purchaser is strictly limited

to and governed by these terms and conditions. These terms and

conditions form part of and are incorporated into any purchase made by

the purchaser made via our website. Both the purchaser and Micmar

Investments Limited warrant that these terms and conditions consist the

express agreement as between the parties regarding the purchase of

any product to the exclusion of all other representations and external

agreements not mentioned herein. By accepting the order of the

purchaser to purchase a product and beginning to process the said order

through the issuance of a confirmation email of the said products,

Micmar Investments Limited and the purchaser accept and assent to

these terms and conditions.

1. Definitions

“Agreement” means the agreement between the Purchaser and Seller for

the purchase and sale of a good.

“Confirmation Email” means the electronic message sent to your

designated address confirming the order placed by the Purchaser on the

website.

“Delivery” means the delivery of goods ordered to the designated

delivery location.

“Designated Delivery Location” means the location designated by the

Purchaser for the delivery of the goods.

“Goods” means any product, material or hardware purchased by the

Purchaser.

“Payment Service Provider” means any payment service provider option

availed on the site to enable the Purchaser to make and the Seller to

receive payment for any goods purchased.

“Purchaser” means any person or agent of a person purchasing any

good from the Seller.

“Purchase Order” means the purchase order between the Purchaser and

the Seller for the purchase and sell of goods to which these terms and

conditions are attached or incorporated.

“Seller” means Micmar Investments Limited.

“Website/Site” means www.micmaronline.com wherein the

Purchaser/Prospective Purchasers are granted access to view and/or

order from the catalogue of goods and products displayed thereon.

2. Purchaser’s Obligations and Warranties

2.1. The Purchaser warrants that in placing an order for the

purchase of any product on the site that:

- That they have attained the age of majority (18) and are capable to

enter into a legally binding contract.

- They are duly authorised to make payment for the said order and

have sufficient funds in the debit/credit card used to make the said

purchase.

- They consent to the usage and provision of the details provided to

the Seller to the respective payment service provider for purposes of

processing the payment.

- They have duly followed and complied with all requirements made

by the respective payment service provider for completion of the

payment.

- They will provide valid and true information in good faith for

purposes of payment and the processing of orders.

2.2. The Purchaser may change or amend any order placed

before or upon receipt of the confirmation email from the

Seller. Any changes or amendments after the period

stated shall be treated as a cancellation of the initial order

and the procedure laid down under clause 11 shall apply

thereon.

2.3. The Purchaser undertakes to protect any and all

information they provide to the Seller for purchasing any

goods on the website to the extent any reasonable man

would and will hold the Seller indemnified for any losses

or damages suffered as a result of the Purchaser’s own

negligence regarding their personal information.

2.4. The Purchaser accepts the collection of any and all data

or information by the Seller necessary for the completion

of any or all orders in addition to consenting for the usage

of such information for analytical purposes and all other

incidentals i.e. collection of cookies.

3. Seller’s Obligations and Warranties

3.1. The Seller warrants that the goods correspond with the

description in any purchase order made by the Purchaser

and are new (unless otherwise indicated), of good and

merchantable quality and fit for any purpose held out by

the Seller.

3.2. The Seller warrants that it sells the goods to the buyer free

from all liens and encumbrances and with full title

guarantee.

3.3. The Seller shall be liable for fixing any technical glitches

or errors that may occur relating to the website at it’s own

cost.

3.4. The Seller warrants that all servers relating to the website

are secure and will not be held liable for the hacking or

stealing of any of the Purchaser’s information from

servers that are unrelated to the website including servers

controlled by the various payment service providers.

4. Manufacturer’s Warranties

4.1. All manufacturer guarantees and warranties displayed on

products shall be extended to the Purchaser on a

discretionary basis and in accordance with these terms

and conditions.

4.2. The Seller warrants that to the extent that the benefit of

any warranties made by the manufacturer or previous

seller of the goods to the Seller can be assigned to the

Purchaser, the Seller may assign them to the Purchaser.

4.3. The Purchaser and the Seller per these terms and

conditions acknowledge and are fully aware that not all

manufacturer warranties shall be extended to the

Purchaser and further that those whose warranties can be

assigned or extended are listed within the premises of the

Seller and the said list shall be communicated to the

Purchaser upon them calling the contact line or inquiring

through email.

5. Product Display and Pricing

5.1. All goods displayed on the site are a true reflection and

representation of the said product.

5.2. Display of the goods on the catalogue is not and shall not

be construed to be confirmation that the said good is

currently in stock as confirmation will only be made

through an email sent by the Seller upon receipt of the

order.

5.3. The price of the goods is the price stated on the catalogue

including value added tax (“VAT”) and shall upon the order

being placed be confirmed by the Seller via email subject

to any corrections or amendments at which point the

Purchaser may be at liberty to cancel the same.

5.4. All prices displayed on the site are exclusive to the online

store and may differ from the prices in store.

5.5. Receipt of the confirmation email from the Seller by the

Purchaser shall be deemed to be an acceptance of the

purchase order by the Seller concluding the agreement as

between the parties and giving full effect to these terms

and conditions.

5.6. All payments relating to the goods purchased shall be

made promptly and immediately by the Purchaser (unless

agreed otherwise in writing with the Seller).

5.7. All goods displayed on the site are quantified in Zambian

Kwacha and any order made in relation to the same shall

for all intents and purposes be treated as purchased in the

said currency subject to the respective exchange rates

prevailing from time to time.

5.8. The Seller reserves the right, without prior notice, to

discontinue or change any pricing or specifications of any

products displayed on the site without incurring any

liability whatsoever.

6. Method of Payment

6.1. The Purchaser agrees to use any of the payment options

made available to them by the Seller as displayed on the

site and undertakes to comply with any of the

requirements that need to be met by the various Payment

Service Providers on their respective option.

6.2. The Purchaser agrees to hold the Seller indemnified

against any loss or damage they may suffer as a result of

any negligence or actions of the various Payment Service

Providers and further acknowledges that they are third

parties who may be held liable in their own right.

6.3. By agreeing to these terms and conditions, the Purchaser

grants the Seller to carry out any and all actions legally

available to it under the method of payment selected by

the Purchaser as provided on the website.

6.4. All orders placed by the Purchaser prior to delivery or

confirmation from the Seller that the said products are

ready for pick shall only be processed upon any of the

following:

- The debiting of any credit/debit card supplied by the

Purchaser when placing their respective order.

- Confirmation of receipt of any funds remitted in respect of

the order through an electronic funds transfer.

6.5. Orders placed for payment on pick up shall be completed

upon full payment being made at the designated location

of pick up and the Purchaser taking possession of the

goods purchased.

6.6. No goods ordered through the online platform are subject

to or amenable to purchase on credit.

6.7. No goods may be purchased through the site on a

payment on delivery basis as all payments shall be made

promptly upon placing of the order by the Purchaser save

for orders made for pick up at the store at which payment

shall be made at collection.

7. Return Policy

7.1. All products sold by the Seller are fit for purpose as

described and are amenable for return only in accordance

with the terms contained in the clauses below.

7.2. Products returned by a Purchaser due to a manufacturing

or factory fault will either be replaced or a refund will be

issued to the said Purchaser.

7.3. Products that become defective or malfunction as a result

of a user fault may be repaired by the Seller at the cost of

the Purchaser and are not amenable to free replacement

or refund.

7.4. The Seller reserves the right and discretion to either

accept or refuse the return of a product purchased by a

Purchaser erroneously or for a wrongful purpose.

7.5. All claims pertaining to products under this clause will be

subject to inspection by the Seller’s technical team or

appointed experts who shall generate a report identifying

the source of any fault in the products and whether the

same are factory or user faults.

7.6. The report and inspection referred to in 7.5. shall be

conducted within 7 days of the product being availed to

the Seller or as will be communicated by the Seller but

concluded within a period of 21 days.

7.7. A Purchaser disputing the report referred to in clause 7.5.

above will be at liberty to nominate an independent

technician to inspect the product in question at their own

cost.

7.8. All claims arising under this clause shall be made by the

Purchaser within 6 months of the purchase date.

8. Guarantee Policy

8.1. The Seller gives a blanket guarantee that all products shall

be in good usable condition for a period of six months

with correct usage subject to manufacturer warranties

extended on specific products.

9. Delivery & Collection

9.1. Delivery of any goods purchased by the Purchaser from

the site shall be made within an estimated 24 to 72 hours

upon confirmation of receipt of payment subject to

extensions of time for reasons to be communicated to the

Purchaser.

9.2. All goods purchased by the Purchaser shall be delivered at

a location designated by the said Purchaser and a time

agreed by the parties.

9.3. If the location designated by the Purchaser is not

accessible enough by the Seller or their appointed agents

to make timely delivery of the goods, the Purchaser

warrants and guarantees that they will be liable for any

expenses incurred by the Seller in making the said

delivery.

9.4. Upon delivery, the Purchaser or their appointed person

shall acknowledge receipt of the said goods by signing a

delivery note.

9.5. The Purchaser at delivery of the goods reserves the right

to require the Seller to repair or replace damaged goods or

to provide a full refund of the damaged goods (if any).

9.6. If at the time of delivery, the Purchaser has no appointed

person to take delivery of the goods present, they shall be

liable to the Seller for all expenses incurred by the Seller

including but not limited to storage charges.

9.7. The Seller shall cover any expenses incurred as a result of

their failure to deliver the goods purchased at the agreed

time only in the event that the said delay was caused by

themselves or their negligence in the absence of an

agreement between the parties to extend the time of

delivery.

9.8. All deliveries for purchases made on the website shall be

limited to the city of Lusaka and any purchases made by

Purchasers without a designated delivery location within

the city shall only be subject to collection in store.

9.9. The Seller reserves the right to charge a delivery fee on

any or all goods purchased by the Purchaser which shall

be included on the invoice generated at the time of

placing the order.

9.10. All purchase orders made for payment and collection in

store shall entail a 24-hour reservation on the products

ordered after which the order if not renewed will

automatically be cancelled by the Seller.

10. Passing of Title & Risk

10.1. Title of the goods shall only pass on to the Purchaser

upon delivery of the said goods to the designated delivery

location or upon collection in store.

10.2. The Seller shall bear all risk of loss and damage to the

goods until delivery of the goods to the designated

delivery location except in instances where the Purchaser

facilitates the collection of the goods from the

Purchaser’s premises at which point title and risk shall be

transferred to the Purchaser on collection.

11. Cancellation

11.1. Without limiting its other rights or remedies, either

Purchaser may cancel the purchase prior to confirmation

of the order by the Seller and any payments made therein

shall be refunded within 30 days subject to extensions or

delays by the respective payment service provider.

11.2. The Purchaser may upon taking delivery and receipt of

any ordered goods, cancel the purchase and return the

said goods within 7 days at no extra cost except the cost

of returning the same and only in a condition similar to

that in which the goods were delivered.

11.3. Cancellation of an order under 11.2. does not apply to

goods damaged by the Purchaser after taking delivery of

the said goods. All damaged or returned goods shall be

amenable to inspection in accordance with clause 7.5.

above.

11.4. The Seller shall reserve the right to cancel any order made

by the Purchaser on the basis that the goods ordered are

not available and shall immediately notify the Purchaser

of the said unavailability in addition to providing them with

a full refund as soon as is practically possible.

11.5. In the event of any refund due to the Purchaser under

these terms and conditions is not made in the stipulated

time, the Purchaser should immediately inform the Seller

of the said non-payment.

12. Confidentiality

12.1. The Seller shall safeguard and keep confidential any and

all information relating to the Purchaser obtained by it or

provided to it by the Purchaser in relation to the

agreement (or purchase order) and shall use such

information only for the purposes of carrying out its

obligations under the agreement (purchase order).

12.2. This clause does not apply in instances where the Seller is

legally obligated to give any information to an authority

under any written law and the Seller shall be held

indemnified therein.

13. Assignment

13.1. Neither party may reassign its rights, duties or obligations

under these terms and conditions or indeed the

agreement (purchase order) without the prior written

consent of the other party.

14. Waiver

14.1. A waiver of any right or remedy under these terms and

conditions is only effective if given in writing and shall not

be deemed to be a waiver of any subsequent breach or

default. A failure or delay to exercise any right or remedy

shall not:

(a) Waive that or any other right or remedy; or

(b) Prevent or restrict the further exercise of that or any other

right or remedy.

15. Severance

15.1. If any clause or term of these terms and conditions is

found to be in contravention of any written law or void to

that extent, that clause or term shall not affect any other

clause or term in these terms and conditions.

16. Force Majeure

16.1. Neither party to the agreement (purchase order) shall be

held responsible for delay in the fulfillment of their

obligations due to force majeure, strikes, lock out, civil

unrest or other factors outside of its control.

17. Notice

17.1. All notices and communication under these terms and

conditions shall be in writing and shall be deemed to be

given when mailed by registered mail, personal deliver or

official email as specified by the parties for the giving of

such notice.

18. Dispute Resolution

18.1. In the event of any breach under these terms and

conditions, the aggrieved party shall notify the other of the

said breach within 48 hours of the breach occurring and

the party in breach shall remedy the said breach within 14

days.

18.2. If the party in breach of these terms and conditions fails

to remedy the said breach within the time stipulated in

18.1., the parties shall engage in out of court discussions

to settle the dispute for a period of 30 days.

18.3. All disputes arising out of these terms and conditions as

between the parties that or not resolved in the manner

outlined in 18.1. and 18.2. referred to above will be heard

and determined by a Court of competent jurisdiction in the

Republic of Zambia.

18.4. All agreements under these terms and conditions will be

interpreted under and governed by the laws of the

Republic of Zambia.

19. Disclosure

19.1. This website and all content displayed herein is subject to

the provisions of the Electronic Communications and

Transactions Act and in compliance with the same, the

following information is hereby disclosed:

- Full Name and Legal Status: Micmar Investments Limited

Physical Address: Micmar Investments Ltd. Head Office, Corner

Lumumba Mulalika Road, Industrial Area.

Telephone Number: +2602011287788

Website & Email Address: www.micmaronline.com &

[email protected]

Address for legal service of documents: Micmar Investments

Ltd. Head Office, Corner Lumumba Mulalika Road, Industrial

Area.

Company Registration No: 23039 (Established in 1991)

Main Business: Retail

Privacy Policy: (link to privacy policy)

Security Procedures in respect of payment: Provided by the

respective payment service providers.

20. Amendments

20.1. The Seller reserves the right to amend these terms and

conditions from time to time without any prior written

notice to any Purchaser.

20.2. The Seller shall upon making any amendments to these

terms and conditions notify all Purchasers of the said

amendments by placing a notice on the website.

21. Intellectual Property

21.1. The entire design and content of this Site is the copyright

of Micmar Investments Limited. All trademarks, brand

names, logos and designs used on this Site are our

intellectual property (save for those of our suppliers and

certain products). All our rights are reserved and the

information held is for your personal security. You may

not download (all or in part), transmit, reproduce,

distribute or modify this Site without our prior written

permission. However, you may print out part or all of this

Site for your own personal and non-commercial use.

22. General Terms

22.1. While we will endeavour to ensure that this Site is

normally available 24 hours a day, we will not be liable if

for any reason this Site is unavailable at any time or for

any period. Also, your access to this Site may be

suspended temporarily or restricted without notice to

allow for repairs, maintenance, or the introduction of new

facilities or services or for reasons beyond our control.

22.2. Any queries or complaints about this site or these terms

and conditions can be communicated to us by email on

[email protected].