TERMS AND CONDITIONS
1. About Us
Company Details: Schweppes Zimbabwe Limited (Registration No. 12/36 ) (“we” or “us”). We are a company registered in Zimbabwe. Our registered office and main trading address is No. 67A Woolwich Road, Willowvale Harare. We may receive legal service of documents at this address; Telephone No.: +263 8677 020 416 / +263 8688 002 173
Email address: info@schweppes.co.zw
Website: https://shop.schweppes.co.zw (“the Site”)
VAT Registration No: 10031034
Directors: Available on Schweppes website www.schweppes.co.zw .
2. Introduction
These terms and conditions (the “User Agreement”) govern your use of the Site and your purchase of products from the online shop on the Site. By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you have read and understood the terms and conditions and agree to be comply with and be bound by these terms and conditions which form the basis of your relationship with us on our online shop (“Schweppes Online Shop”) in relation to your use of the Site. 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 our page is hereby incorporated by reference into this User Agreement. By continuing to open an account with us you are representing that you have read and understood User Agreement and agree to be bound by it. Your attention is drawn in particular to the limitation of liability and indemnity provisions in clause 9, 10, 11 and 12 below.
3. Use of Schweppes Online Shop
The Schweppes Online Shop is designed solely for the promotion of our Products to customers purchasing our Products from outside Zimbabwe. Delivery may, however, be made in Zimbabwe. By continuing to make purchases on Schweppes Online Shop you are representing to us that you are making this purchase from outside Zimbabwe.
4. Our Products
4.1. Products may vary slightly from their pictures. The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour 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 Site.
5. Ordering
When buying an item, you agree that:
• You are responsible for reading the full item listing before making a commitment to buy.
• You have read and agreed to be bound by the User Agreement.
• If your order is accepted by us, a valid and legally binding contract is concluded between us and you.
• If you are buying on behalf of a company, you are confirming that you are authorised to transact on behalf of the company.
Please note that:
• Placing goods in one’s Cart does not constitute an order.
• An order is confirmed when one checks out and receives a proforma invoice.
• Before checking out, you are required to review your order and to satisfy yourself that it contains the Products you want. The process will allow you an opportunity to correct any mistakes that you may make in placing your order.
• You are allowed to withdraw from the transaction before checking out or paying for your Products.
• Goods can only be held in one’s Cart for 1 hour after checking out. Goods not paid within one hour of checking out will automatically return to the store and will be available to other shoppers.
In connection with using or accessing the Site and ordering our Products on the Online Shop you will not:
• use the Schweppes Online Shop if you are not able to form legally binding contracts (for example if you are under 18 or under some mental disability), or you are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• fail to pay for Products ordered in the absence of a valid reason or any recognizable basis in terms of the Consumer Protection Act [Chapter 14:44].
• post false, inaccurate, misleading, defamatory, or libelous content;
• transfer your account (including Feedback) and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Schweppes Online Shop, or the interests or property of other users;
• commercialize any Schweppes Online Shop application or any information or software associated with such application;
• harvest or otherwise collect information about other users without their consent; or
• circumvent any technical measures we use to provide the Services.
If we believe or discover that you are abusing Schweppes Online Shop 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 Site, 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 accessing the Schweppes Online Shop.
We reserve to ourselves the right to delete unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our service offering.
6. Your Account and Registration Obligation
When you register and open an account on the Schweppes Online Shop you have been or will be required to provide certain information and register a username and password for use on this Site. On the registration of such an account, you agree:
• That the security of your username and password shall be your exclusive responsibility and agree not to allow any other person to have your username and password. The unauthorised use of your username and password on credit or debit card information used on our Site shall be your responsibility.
• To immediately notify Schweppes Online Shop of any unauthorized use of your password or account or any other breach of security. In no event will Schweppes Online Shop be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password.
• You may not use another person’s account at any time, without the express permission of the account holder.
• To reimburse Schweppes Online Shop for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
• You will provide true, accurate, current and complete information about yourself as prompted by Schweppes Online Shop’s registration form. Schweppes Online Shop may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.
7. Electronic Communications
You agree to receive calls, including autodialed and/or pre-recorded message calls, from Schweppes Online Shop 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:
• To contact you for reasons relating to your account or your use of the Schweppes Online Shop (such as to resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
• To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future.
Schweppes Online Shop 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.
You are entitled in terms of section 49 of the Consumer Protection Act to demand that we discontinue directing any marketing or other promotional communication to you. Should you wish to exercise this right, please kindly notify us immediately.
8. Price and Pricing Policy
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. The total cost of your order is the price of the products ordered plus delivery charges, where applicable
However, please see below for what happens if we discover an error in the price of the product you order.
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.
What happens if we got the price 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 our 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 will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
Price Changes. All prices are inclusive of VAT 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.
9. Payments
The Schweppes Online Shop Payments system means that payment for items on the Site may be made online or partly online through the Schweppes Online Shop payment facilities which Schweppes Online Shop makes available on the Site.
You are entitled to use your Debit or Credit card to make any purchases on the Schweppes Online Shop. You have the responsibility to ensure the safety of your credit card or debit card information and Schweppes Online Shop shall not be responsible for any loss or damage resulting from your disclosure or loss of such information. It is your responsibility to immediately inform your credit or debit card issuer in the event of the loss of such information.
By completing the process for an on-line order, you are confirming that the credit/debit card being used for the transaction(s) are yours.
10. Delivery
10.1. When we will deliver. In the case of normal delivery, we will endeavor to deliver Products within 48hours of purchase. Delivery services will be available on a date to be advised.
10.2. 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 6 hours from the time of purchase. This service is available from 0900hrs to 1500hours Monday to Friday and Saturday between 0900hrs and 1200hrs excluding Zimbabwe public holidays. This service is currently available in Harare and Bulawayo only for now and will attract extra charges.
10.3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
10.4. Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 08 00 hours to 16 00 hours on weekdays (excluding public holidays) and Saturdays.
10.5. If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
10.6. If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and refund you the amount paid less the storage costs, if any.
10.7. Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.8. Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so as stated above, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
10.9. Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 8.8 or Clause 8.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them or allow us to collect them from you. Please call customer services on 08080000 or email us at feedback@schweppes.co.zw for a return label or to arrange collection.
10.10. When you become responsible for the goods. A Product will be your responsibility from the time we deliver the Product to the address you gave us or you or a carrier organised by you collect it from us.
10.11. When you own goods. You own the Products purchased once we have received payment in full.
10.12. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
11. LIMITATION OF LIABILITIES
IMPORTANT NOTICE EXCLUDING LIABILITY
TO THE EXTENT PERMITTED BY LAW, SCHWEPPES ONLINE SHOP, 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 SCHWEPPES ONLINE SHOP 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 SCHWEPPES ONLINE SHOP AND SCHWEPPES ONLINE SHOP SHALL TREAT ANY SUCH UNAUTHORISED USE AS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT.
12. INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD SCHWEPPES ZIMBABWE LIMITED 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.
13. Warranties and Disclaimers
Other than the warranty implied by section 11 as read together with section 10(2) of the Consumer Protection Act, neither Schweppes Zimbabwe Limited nor any of their officers, directors, employees or representatives give any representation or warranty in relation to the Products or that the Site will be free from viruses, “worms,” “Trojan horses” or other harmful properties.
You acknowledge that due to the nature of the Internet, we cannot guarantee that access to the Site will be uninterrupted or that e-mails, or other electronic transmissions will be sent to you or received by us.
We try to keep Schweppes Online Shop 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 Schweppes Online Shop ’s Services may not occur in real time. Such functionality is subject to delays beyond Schweppes Online Shop ’s control.
14. 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.
15. 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 Schweppes Online Shop 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.
16. Other Important Terms
16.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will advise you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2. You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree.
16.3. Nobody else has any rights under this contract. This contract is between you and us. 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.
16.4. 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.
16.5. 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.
16.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Zimbabwean law and you can bring legal proceedings in respect any dispute arising out of your use of this Site or Products bought from us in the Zimbabwean Courts which shall have exclusive jurisdiction.
16.7. Changes to the terms and conditions in the User Agreement
Schweppes Zimbabwe Limited 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 Site. Your continued use of this site after the changes have been posted means that you are in agreement with the changes.