TERMS OF USE
Welcome to the ZFC Limited online shop, www.zfcshop.co.zw. This website, and its related
sites, services and tools, is provided and owned by ZFC Limited and is hereinafter referred
to as “ZFC Online”. These Terms and Conditions govern your use of ZFC Online. Please
read them carefully as they affect your rights and liabilities under Zimbabwe’s laws. If you do
not agree to these Terms and Conditions, please do not register for or use ZFC Online.
WHO OWNS THE ZFC ONLINE?
ZFC Online is owned and operated by ZFC Limited (“ZFC Limited”), a limited liability
company registered in Zimbabwe whose registered office is at ZFC, 35 Coventry Road,
Workington, Harare. All rights and/or defences afforded to us in these General Terms shall
stand to the benefit of ZFC Limited, its subsidiaries, associates and employees.
AMENDED OR UPDATED TERMS
We may periodically update or change the General Terms, without notice. You should check
them from time to time as your continued use of our Services will mean you accept any
updated or revised General Terms.
OUR SERVICES
You are welcome to browse or use ZFC Online for your own personal, non-commercial,
shopping and information purposes only. No other use is permitted without our prior written
consent. The unauthorised use, copying, reproduction, variation, modification or distribution
of the content of any of our websites, or apps, the uploading of any unlawful or damaging
information or viral software or the creation of any links to our websites or apps is strictly
prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other
cost whatsoever that we may sustain as a result of your use of our services and/or the
contents of our websites, or apps contrary to these General Terms.
We reserve the right to suspend our services or any part thereof or terminate your account at
any time if we, in our sole discretion, determine that you are not using the services in
compliance with these General Terms or if we believe the information provided by you is
untrue, inaccurate or incomplete.
EXCLUDED SERVICES
The services provided by ZFC Online do not include the provision of computer or other
necessary equipment to access ZFC Online. To use ZFC Online you will require Internet
connectivity and appropriate telecommunication links. We shall not be liable for any
telephone or other costs that you may incur.
TRADING HOURS
The website is available 24 hours, however for any assistance required please refer to our
Customer Service section.
REGISTRATION
You are required to register with us before placing your first online shopping order. You are
also required to register to make use of certain functionality which may not include placing
an online shopping order. Registration and/or use of our Websites constitute your
acceptance and agreement to be bound by the Terms and Conditions of our website,
including the Terms and Conditions specific to online shopping.
To register on ZFC Online you must be at least eighteen (18) years of age on the date of
registration. You certify that the information provided by you on registration or at any time
thereafter is correct and complete.
When you register you will be required to provide certain information and to choose a
username and password for use on this website. Upon registration, you agree:
That you are able to enter into legally binding contracts.
That you are responsible for maintaining the confidentiality of, and restricting access to and
use of, your account and password, and accept responsibility for all activities that occur
under your account and password.
To immediately notify ZFC Online of any unauthorized use of your password or account or
any other breach of security. In no event will ZFC Online 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.
It is your responsibility to ensure that the details provided by you on registration, or at any
time, are correct and complete. You must inform us immediately of any changes to the
information that you provided when registering by updating your personal details here.
PASSWORDS AND SECURITY
When you register to use our website, you will be asked to create a username and a
password. You must keep this password confidential and must not disclose it or share it with
anyone. You will be responsible for all activities and orders that occur or are submitted under
your username and password. If you know or suspect that someone else knows your
password you should notify us immediately by contacting our Customer Service here.
If ZFC Limited has reason to believe that there is likely to be, or has been, a breach of
security or misuse of our website, we may require you to change your password or we
reserve the right to suspend your account without prior notification.
PRIVACY AND PERSONAL INFORMATION
Your privacy matters to us and we are committed to the protection of your personal
information. If you wish to know more about when and how we collect, use, share and store
your personal information, please read our Privacy Policy.
ELECTRONIC COMMUNICATIONS
When you use ZFC Online, or send e-mails, text messages, and other communications from
your desktop or mobile device to us, you may be communicating with us electronically. You
consent to receive communications from us electronically, such as e-mails, texts, mobile
push notices, or notices and messages on this site or through the other services, such as
our Message Centre, and you can retain copies of these communications for your records.
You agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included in or made available through ZFC Online, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and software is the
property of ZFC Limited or its content suppliers and protected by the Zimbabwe and
international copyright laws. The compilation of all content included in or made available
through ZFC Online is the exclusive property of ZFC Limited and protected by Zimbabwean
and international copyright laws.
TRADEMARKS AND PATENTS
The content of ZFC Online is protected by copyright, trademarks, database and other
intellectual property rights.
ZFC Limited’s trademarks and trade dress may not be used in connection with any product
or service that is not ZFC Limited’s, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits ZFC Limited. All other trademarks
not owned by ZFC Limited that appear in any ZFC Limited service are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by
ZFC Limited.
You may not reproduce, modify, copy or distribute or use for commercial purposes any of the
materials or content on the ZFC Online without written permission from ZFC Limited. No
licence is granted to you in these Terms and Conditions to use any trade mark of ZFC
Limited or its affiliated companies including, without limitation, the trademarks ZFC Limited.
INTELLECTUAL PROPERTY RIGHTS
All rights, including copyright, trade mark and other intellectual property rights embodied in
any logos, text, images, video, audio or other material on our websites or apps are owned by
or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the
content thereof is strictly prohibited and constitutes an unlawful infringement of our
intellectual property. ZFC Limited respects the intellectual property of others.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your
payment of any applicable fees, ZFC Limited or its content providers grant you a limited,
non-exclusive, non-transferable, non-sub licensable license to access and make personal
and non-commercial use of the ZFC Online. This license does not include any resale or
commercial use of ZFC Online, or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of ZFC Online or its contents; any downloading,
copying, or other use of account information for the benefit of any third party; or any use of
data mining, robots, or similar data gathering and extraction tools. All rights not expressly
granted to you in these Conditions of Use or any Service Terms are reserved and retained
by ZFC Limited or its licensors, suppliers, publishers, rights holders, or other content
providers. No ZFC Online, nor any part, may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express written consent
of ZFC Limited. You may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text, page layout, or form) of ZFC
Limited without express written consent. You may not use any Meta tags or any other
“hidden text” utilizing ZFC Limited’s name or trademarks without the express written consent
of ZFC Limited. You may not misuse ZFC Online. You may use ZFC Online only as
permitted by law. The licenses granted by ZFC Limited terminate if you do not comply with
these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need register an account to use certain ZFC Online services, and you may be
required to be logged in to the account and have a valid payment method associated with it.
You are responsible for maintaining the confidentiality of your account and password and for
restricting access to your account, and you agree to accept responsibility for all activities that
occur under your account or password.
ZFC Limited reserves the right to refuse service, terminate accounts, terminate your rights to
use ZFC Online, remove or edit content, or cancel orders in its sole discretion.
WHO SUPPLIES YOUR GOODS AND SERVICES?
Unless stated to the contrary on this website, the goods and services supplied in accordance
with any contract made through this website are supplied by ZFC Limited. As part of our
delivery service we may engage the use of 3rd party delivery providers to fulfil services on
our behalf. We may also sell products and services on behalf of 3rd parties, but these will be
clearly indicated as such. Where no indication is given, the supplier is deemed to be ZFC
Limited.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We value your comments, reviews, ideas, suggestions and feedback. By sending us your
comments, posting content or submitting material you agree that we may use them for
commercial purposes (including using them to endorse our products, stores or brands)
without any compensation to you and you grant us a non-exclusive license to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You grant ZFC
Limited and sublicenses the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control all of
the rights to the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person or entity; and
that you will indemnify ZFC Limited for all claims resulting from content you supply. We will
not respond to or maintain your comments.
You agree not to post comments which violate the right(s) of any third party, including
copyright, trademark, privacy or any other personal or proprietary right. You agree not to
disclose, submit or offer any comments that are or contain any defamatory, unlawful,
abusive or obscene material or to post any material that consist of or contains software
viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any
form of “spam” or unsolicited commercial electronic messages. You may not use a false e-
mail address, impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. ZFC Limited reserves the right (but not the obligation) to remove or
edit such content, but does not regularly review posted content. We disclaim any liability
towards any third party regarding your comments.
ZFC Limited takes no responsibility and assumes no liability for any content posted by you or
any third party.
MARKETING
We send out various newsletters and other marketing material. You are free to unsubscribe
from any marketing material at any stage. It may take up to 45 days for your profile to be
updated.
ADVERTISING AND HYPERLINKS
External hyperlinks may appear on our websites or apps. We do not necessarily have a
relationship with any third party which is linked to our website, nor does a link signify our
endorsement of the third party, its products and/or services. Your reliance on any information
contained in such third-party material is entirely at your own risk.
RETURNS, REFUNDS AND TITLE
ZFC Limited does not take title to returned items until the item arrives at our store. At our
discretion, a refund may be issued without requiring a return. In this situation, ZFC Limited
does not take title to the refunded item.
A customer has a general right to return good (a ‘cooling off period’) within a specified period
after collection and/or delivery, without penalty, should the product be unsatisfactory or
incorrect:
Chemicals – 7 days
Animal Health products- 7 days
Fertilizers – within 14 days
The customer will be liable for the costs of returning the goods, should it relate to a change
of mind purchase. Refunds will depend on the terms and conditions of the relevant financial
institution.
Returned goods must be:
In its original packaging;
In its original condition; and
Having the original or copy of the invoice
Certain conditions and exemptions apply:
ZFC Limited will not provide you a refund for certain goods which by their nature cannot be
returned. Such items include, but are not limited to, items damaged by your mishandling,
items which cannot be resold for health and hygiene reasons once unwrapped and reading
materials such as magazines and newspapers.
As with all warranties, certain conditions and exceptions apply:
Please take proper note of any terms or instructions that accompany your goods;
Damage caused by lightning or power surges;
Damage caused by misuse or abuse to the goods or contrary to instructions and warnings
provided on the goods or their documentation;
Goods used for a purpose other than the purpose for which they were intended;
Accidental damage;
Goods that have been altered or physically changed in any way; and
A public regulation that prohibits such returns for public health reasons.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or
misrepresented goods.
MINIMUM OR MAXIMUM ORDER RESTRICTIONS
ZFC Online reserves the right to introduce a minimum spend requirement in order to be
eligible for delivery. Excluded products and supplementary charges, such as delivery, shall
not count towards a minimum spending requirement.
There is currently no maximum order restriction; however, ZFC Online reserves the right to
limit quantities at any time and without prior notification. In order to provide a high quality of
service, orders above a threshold in terms of quantity and/or value may require a longer lead
time to prepare the order for collection and/or delivery. ZFC Online reserves the right to alter
the nature or terms of this restriction and/or threshold at any point and without prior
notification.
ACCURACY OF CONTENT
All reasonable steps are taken to ensure that the information accessed via ZFC Online is
accurate and up-to-date. We do not however warrant that the content or information
displayed is always accurate, complete and/or current.
PRODUCT DESCRIPTIONS
ZFC Online attempts to be as accurate as possible. If a product offered by ZFC Online itself
is not as described, your sole remedy is to return it in unused condition.
PRODUCT AVAILABILITY, PRICING, COLLECTION AND DELIVERY
All prices are quoted in US Dollar (US$) and all transactions will be charged in US$. The
actual amount to be paid in your home currency will be determined using our Bank’s
prevailing exchange rate. All prices are inclusive of Value Added Tax (VAT) where
applicable.
The products displayed are subject to availability. ZFC Limited cannot guarantee availability
of stock but will make every effort to source the product to fulfil your order. Where items
cannot be delivered, ZFC Limited will make every effort to contact the customer based on
the information provided at registration, and offer options to amend the order with substitutes
or cancel the order, where applicable.
Orders can be collected from the store indicated on your order on presentation of a valid
identification document and order number. If your chosen store has the items in stock you
can collect the order within 2 (two) to 7 (seven) working days after confirmation of payment.
If stock is not available in your chosen store ZFC Limited will make every effort to source the
product to fulfil your order, and will communicate with you. After 21 (twenty-one) days of an
unfulfilled order, ZFC Limited will contact the customer based on the information provided at
registration, and offer options.
You may also place your order online and select the delivery option. As part of our delivery
service we may engage the use of Third-Party Delivery Providers to fulfil services on our
behalf. Delivery will take place within 7 (three) to 14 (ten) days from the date of payment
confirmation. Delivery dates are estimates only and we will make every effort to contact the
customer based on the information provided at registration.
OTHER BUSINESSES
ZFC Online may provide links to the sites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do not warrant, the
offerings of any of these businesses or individuals (including the content of their websites).
ZFC Limited does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ZFC Online and all information, content, materials, products (including software) and other
services included on or otherwise made available to you through the ZFC Online are
provided by ZFC Limited on an “as is” and “as available” basis, unless otherwise specified in
writing. ZFC Limited makes no representations or warranties of any kind, express or implied,
as to the operation of ZFC Online, or the information, content, materials, products (including
software) or other services included on or otherwise made available to you through ZFC
Online, unless otherwise specified in writing. Use of our services is entirely at your own risk.
We make no representations or warranties of any kind, whether express or implied. We do
not warrant that the functions provided by ZFC Online will be uninterrupted or error free, or
that the services or the servers that make them available are free from viruses or other
harmful components. We accept no liability, to the extent permitted by law, for any direct,
indirect, incidental, special or consequential loss or damage of any kind whatsoever or
howsoever caused arising from the access or use of our Services or the purchase of any of
our products or services. You agree, to the extent permitted by law, to indemnify us against
any loss or damage suffered or liability incurred by reason of any act or omission on your
part or that of any third party acting on your behalf in connection with your use of our
Services and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach
of these Terms, negligence or otherwise shall not at any time exceed more than double the
monetary value of any order placed via the Services.
DISPUTES
These General Terms are governed by the laws of the Republic of Zimbabwe. Any dispute
arising in relation to these General Terms shall, to the extent permitted by law, be referred to
arbitration in Harare at a venue of our choice applying the Rules of the High Court of
Zimbabwe.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a
class, consolidated or representative action.
By using any ZFC Online, you agree that the laws of the Republic of Zimbabwe, without
regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of
any sort that might arise between you and ZFC Limited.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of
ZFC Online. We reserve the right to make changes to our site, policies, Service Terms, and
these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition