TERMS AND CONDITIONS

Last updated: 2020-05-21

1.1 Introduction
1.2 Welcome to Ichwe Diaspora & Home Support (“Company”, “we”, “our”, “us”)!
1.3 These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website located at ichweonlineshopping.com (together or individually “Service”) operated by Ichwe Diaspora & Home Support.
1.4 Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
1.5 Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound of them.
1.6 If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@ichweonlineshopping.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
1.7 Communications
1.8 By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@ichweonlineshopping.com.
1.9 Purchases
1.10 If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
1.11 You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
1.12 We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
1.13 We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
1.14 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
1.15 Delivery
1.16 All deliveries shall be within the Zambian jurisdiction and no international delivery or shipping shall be undertaken. International buyers shall provide a Zambian Delivery Point(s) with clear address with specified individuals to receive the goods for them and on their behalf, within Zambia.

2 Delivery processing time
2.1 All orders shall be processed within two (2) business days by the respective delivery service providers and/or in accordance with the Ichwe Online Shopping Delivery Policies. No Orders will be delivered on Sundays or holidays. Otherwise special arrangements will have to be made at the Buyers risk and outside the jurisdiction and responsibility of Ichwe Online Shopping.
2.2 If the respective Supplier are experiencing a high volume of orders, deliveries may be delayed slightly.
2.3 If there will be a significant delay in the delivery of your order, the Delivery Argent or Ichwe Online Shopping will contact you via email or telephone.

2.4 Rates and estimates of delivery
2.5 Delivery charges for your order will be calculated and displayed at checkout by Ichwe Online Shopping based on a Flat Rate otherwise some orders consideration will be made on distance, volume and weight factors of the items to be delivered or as advised by respective third party delivery service provider. Charges shall be calculated and paid for in advance on the Ichwe Online Shopping platform.

2.6 Delivery method
2.7 Ichwe Online Shopping shall deliver the goods in appropriate transport modes available the areas we service. Options will be provided for the areas not often services and related costs or rates communicated by email or telephone. The methods shall include but not limited to personal Delivery Agents, motor vehicle, cycles.
2.8 Any Use of different methods of e,g courier not agents of Ichwe Online Shopping , Public transport, shall be a responsibility of the buyer and owners risk of the customers.
2.9 Ichwe Online Shopping may help the customers get Express delivery where transporting agents are available or there are existing local couriers, at prevailing rates.

2.10 Delivery confirmation & Order tracking
2.11 Ichwe Online Shopping system will generate a unique order number for tracking. At checkout user receives a Delivery Confirmation email. The information can be used to track the order through telephone call or by email.
2.12 Once delivered the user gets a notification about the delivery. A order will be considered delivered if it is signed for by the specified or designated receiver, there is a confirmation by the customer of such delivery, by email or telephone messaging such us SMS, whatsApp etc.

2.13 Unacceptable Deliveries
2.14 Ichwe Online Shopping shall endeavor to deliver listed products on the platform and not allow goods outside what is found online to be part of any delivery. In this regard the following are following shall apply:

2.15 A Delivery is deemed unacceptable if:
2.16 It contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics. It is classified as hazardous material, dangerous goods, prohibited or restricted articles according to the laws of Zambia.
2.17 its address is incorrect or not properly marked or its packaging is defective inadequate to ensure safe transportation with ordinary care in handling
2.18 if foreign items, no customs declaration is made when required by applicable customs regulations
2.19 it contains any other item which the Delivery Agents decides cannot be carried safely or legally

2.20 If the delivery is deemed to be unacceptable, Delivery Agents shall use reasonable efforts to return the products to the Supplier at the customers cost, failing which the products may be released, disposed of or sold without incurring any liability whatsoever to delivery or the respective Supplier

3 Warranties and Indemnities
3.1 The respective Delivery Service providers shall indemnify and hold the Ichwe Online Shopping harmless for any loss or damage arising out of the Delivery Service’s failure to comply with the following warranties and representations:
3.2 Information provided by the Stores or its representatives is complete and accurate
3.3 The products were prepared in secure premises by suppliers and were protected against unauthorized interference during preparation, storage and any transportation by Delivery Service providers
3.4 Compliance with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations
3.5 Obtaining all necessary consents in relation to personal data provided to the Delivery Argent including Receiver’s data as may be required for transport and delivery, such as e-mail address and mobile phone number.
3.6 Ichwe Online Shopping shall engage Delivery Argents to ensure that the products are delivered to the customers within the terms and conditions of Ichwe Online Shopping. The customers and the Delivery Argent shall agree as follows:

3.6.1 Inspection – The Delivery Agent has the right to open and inspect a delivery package without notice for safety, security, customs or other regulatory reasons.
3.6.2
3.6.3 Liability – The Delivery Service Provider’s liability is strictly limited to direct loss and damage to a delivery only. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to delivery service provider’s attention.
3.6.4
3.6.5 Delivery Service providers will make every reasonable effort to deliver the products according to regular delivery schedules, but these schedules are not binding and do not form part of the contract.
3.6.6
3.6.7 Delivery Agents is not liable for any damages or loss caused by delay
3.6.8
3.6.9 Claims – All claims must be submitted in writing to the Delivery Agents within thirty (7) days from the date that the Delivery Agents accepted to deliver, failing which the Delivery Agents shall have no liability whatsoever.
3.6.10
3.6.11 Insurance – Delivery Agents may be able to arrange insurance covering the value in respect of loss of or damage to the goods/products, provided that Ichwe Online Shopping so instructs the Delivery Agents in writing
3.6.12
3.6.13 Force majure – The Delivery Agent is not liable for any loss or damage arising out of circumstances beyond the Delivery Agent’s control.
3.6.14
3.6.15 Governing Law – Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of the Delivery Agents, to the non- exclusive jurisdiction of the courts of, and governed by the law of the country, this country.
3.6.16
3.6.17 Severability – The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.

4 Refunds
4.1 Once we receive your item(s), we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. Reasonable measures will be taken to ensure that no malice is involved on the returning and claim for refund.
4.2 If approved, then your refund will be processed, and a credit will be applied to your credit/debit card or original method of payment, within a reasonable amount of time, taking into account the verification of the recipient of the refund and depending on your payment mode and the nature of the Product.
4.3 A processing fee to be advised by Ichwe and or the respective financial institution will be charged for cancellations made within 7 days of ordering online.
4.4 There will be no refunds for order cancellations made after Seven (7) days of receipt of the product, although substitutions may be permitted depending on the availability of such. A cancellation acknowledgement will be sent within 3 working days and fees refunded within not more than 30 working days, subject to the processing delay by third parties.
4.5 As a customer you are responsible for understanding this Refund Policy upon purchasing any product or services at our web site

4.6 THEREFORE, WE DO HONOR REQUESTS FOR REFUND WHERE THE FOLLOWING REASONS APPLY:
4.6.1 Irreparable defects or grave difficulties with the product or service: although all the products and services are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for possible escalation to the Supplier/seller;
4.6.2 Product or services not-as-described: a request based on this reason is satisfied on a case by case basis by the respective Supplier/seller reserving full discretion to make the determination whether a refund is appropriate.
4.6.3 download issues: it may happen that you are having problems while downloading the product or receiving a service;
4.6.4 Please note that our Support Team is ready to provide you with timely and efficient professional assistance. We will attempt to find the best convenient solution for your query.

4.7 OTHER CONSIDERATIONS
4.7.1 Damaged Product– Products shipped directly within Zambia by Ichwe (if any) that are damaged in transit shall be processed exclusively by Ichwe store. Otherwise, the transporter/courier will bear the responsibility.
4.7.2 Product Quality Concerns– Products that are unusable due to reasons related to Product quality arising out of the manufacturing of the Product (i.e., the physical characteristics of the Product deviate from the physical characteristics of the Product described in the prescribing information for the Product) shall be processed exclusively by Supplier/seller
4.7.3 Product Within Expiration Window– Product that is returned no earlier than three (3) months prior to the expiration date of the Product and no later than twelve (12) months after the expiration of the Product (“Expiration Window”). Products expire on the last day of the month indicated on the packaging.
4.7.4 Product Ordered in Error– Product ordered and purchased on Ichwe by a direct Customer and returned due to Customer’s ordering error. Such Product shall only be returnable if Customer notifies Store of the error in writing within five (5) business days of receipt of the shipment pertaining to the ordering error and Store owner confirms receipt of the request to return.
4.7.5 Product Returned at Direction of the Store owner (supplier or Seller) – Products that Store owners, in their sole discretion, have specified to be returned
4.7.6 Products Not Eligible for Return: The following Product is not eligible for return:
4.7.7 Product that Store owner has previously designated as “nonreturnable” by contract or notice to the Customer outside of the Product Return Policy.
4.7.8 Product that is otherwise adulterated, misbranded, or counterfeit, as determined by the Original manufacturer in its sole discretion.
4.7.9 Product that has been repackaged.

5 Content
5.1 Content found on or through this Service are the property of Ichwe Diaspora & Home Support or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

6 Prohibited Uses
6.1 You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
6.2 In any way that violates any applicable national or international law or regulation.
6.3 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
6.4 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
6.5 To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
6.6 In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6.7 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
6.8 Additionally, you agree not to:
6.9 Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
6.10 Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
6.11 Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
6.12 Use any device, software, or routine that interferes with the proper working of Service.
6.13 Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6.14 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
6.15 Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
6.16 Take any action that may damage or falsify Company rating.
6.17 Otherwise attempt to interfere with the proper working of Service.

7 Analytics
7.1 We may use third-party Service Providers to monitor and analyse the use of our Service.

8 No Use By Minors
8.1 Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

9 Accounts
9.1 When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
9.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
9.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
9.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

11 Copyright Policy
11.1 We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
11.2 If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@ichweonlineshopping.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
11.3 You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

12 DMCA Notice and Procedure for Copyright Infringement Claims
12.1 You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
12.2 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
12.3 a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
12.4 identification of the URL or other specific location on Service where the material that you claim is infringing is located;
12.5 your address, telephone number, and email address;
12.6 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
12.7 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12.8 You can contact our Copyright Agent via email at info@ichweonlineshopping.com.

13 Error Reporting and Feedback
13.1 You may provide us either directly at info@ichweonlineshopping.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

14 Links To Other Web Sites
14.1 Our Service may contain links to third-party web sites or services that are not owned or controlled by Ichwe Diaspora & Home Support.
14.2 Ichwe Diaspora & Home Support has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
14.3 YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
14.4 WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

15 Disclaimer Of Warranty
15.1 THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
15.2 NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
15.3 COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
15.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16 Limitation Of Liability
16.1 EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17 Termination
17.1 We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
17.2 If you wish to terminate your account, you may simply discontinue using Service.
17.3 All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18 Governing Law
18.1 These Terms shall be governed and construed in accordance with the laws of Zambia, which governing law applies to agreement without regard to its conflict of law provisions.
18.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

19 Changes To Service
19.1 We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

20 Amendments To Terms
20.1 We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
20.2 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
20.3 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

21 Waiver And Severability
21.1 No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
21.2 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

22 Acknowledgement
22.1 BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

23 Contact Us
23.1 Please send your feedback, comments, requests for technical support by email: info@ichweonlineshopping.com.