Terms of service

Terms & Conditions

Last updated: September 04, 2022

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 an estimate 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. Due to bulk data processing, some price changes may take up to 12 hours to reflect on this website.

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 & sales@micmar.co.zm

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

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 sales@micmar.co.zm.