Terms & Conditions

GENERAL TERMS AND CONDITIONS

You consent to these terms every time you use this website and each time you access the website you agree to be bound by them. If you do not wish to be bound by these Terms and Conditions you should terminate your access to this website immediately.

 

Overview

  1. This website is owned by CBZ Bank Limited, a company with limited liability duly incorporated in accordance with the laws of Zimbabwe and you m ay use it free of charge.
  2. The information contained on this website is for information purposes only and CBZ Bank Limited does not hold itself out as providing accurate information which pertain to the goods sold, legal, financial or other advice through this website.
  3. We permit the merchants who sell their goods on this website to create links to another website which may have more information on the goods sold here. When you follow those links, you will be required to adhere to the terms and conditions of the website you have entered.
  4. This is a CBZ online platform where merchants sell their goods, as such we do not offer, endorse, recommend or guarantee any product or service that may be available on this website.
  5. You should carefully read the terms and conditions related to the products and services you select before purchasing the product or service.
  6. Please note that not all the products and services that you may be able to view on this website will be available in all geographical locations in Zimbabwe. Such products and services may be subject to their own product terms and conditions.
  7. We cannot guarantee that the website, or any content on it, will always be available or that the website will be uninterrupted. CBZ Bank Limited will therefore not be liable to you if for any reason the website is unavailable at any time or for any period.
  8. We reserve the right to suspend, withdraw, or discontinue any product or services offered as well as all or any part of the website without notice.
  9. The information, material and content provided in the pages of this website or any product terms and conditions may be changed at any time without notice. We may change the Terms and Conditions at any time by updating these pages. You agree to review any applicable terms and conditions regularly and that your use of any part of this website will be subject to any such changes once they are made.
  10. We are committed to protecting your privacy. All information gathered from you in connection with your use of the website will not be disclosed to third parties without your consent except as dictated by the law. We may however collect data about how you use the website and your access details to communicate with you, but will not do so before we have obtained your consent.
  11. While we have taken reasonable steps to ensure that the information contained on this website is accurate, current, correct and complete we make  no warranties or representations regarding the accuracy, adequacy, completeness or timeliness of the content, information, material, products and services of the website nor regarding the error-free use of the website.
  12. Save for any warranties expressly made herein, all other warranties and representations, to the fullest extent permitted by applicable law, are excluded. The use of this website is at your sole risk.
  13. You may not decompile, reverse-engineer or disassemble any part of the website or its contents or any software used in connection with the website.
  14. You may not misuse this website by hacking or to send or distribute multiple unsolicited junk e-mails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
  15. You may not use this website for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part thereof.
  16. To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the internet, telephone or otherwise) between you and us. All recordings are our sole property.
  17. All intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in this website are owned by or licensed to us unless otherwise stated. You may print, copy, download or temporarily store extracts from the website personal use or to help you use our products and services but you may not alter or otherwise make any changes to any material obtained from the website in any form, including, without limitation, removing any identifying marks or legends from such material. Any other use is prohibited unless you first request and obtain our written permission. Without limiting the above, unless you first obtain our written consent, you may not reproduce, modify, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit all or any part of this website. You may not copy and use these terms and conditions for any purpose, as the content is proprietary to us and protected by copyright laws.
  18. If any part of these Terms and Conditions is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of such terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
  19. These Terms and Conditions are governed by and interpreted in accordance with the laws of Zimbabwe. The courts of Zimbabwe will have exclusive jurisdiction in respect of any dispute which may arise in connection with these Terms and Conditions and/or your use of this website.
  20. The protection of personal information is of the utmost importance and security and proper use of customer information is mandatory. We do not store nor use the contact information for any other purpose except to facilitate transactions
  21. CBZ Bank follows all applicable laws and regulations in Zimbabwe including but not limited to any privacy legislation and data protection legislation governing personal data.

 

PRODUCTS AND GOODS TERMS AND CONDITIONS

  1. Introduction
    1. This website can be accessed at www.cbz.co.zw related mobi-sites and software applications (the “Website”) and is owned and operated by CBZ Bank Limited (“CBZ”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods (“Goods”).
    5. CBZ allows merchants to list and sell their Goods on the Website (each a “Merchant”). CBZ does not sell any of the Goods listed on this website itself, now does it hold any stock of any of the Goods.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act Chapter 14:14 (the “CPA”).
    2. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask CBZ to explain it to you before you accept the Terms and Conditions or continue using the Website.
  3. Returns
    1. Please refer to the returns policy for each Merchant for more information about returning products (and related refunds, replacements or repairs).
    2. Registration and use of the website
    3. Only registered users may order Goods on the Website.
    4. To register as a user, you must provide a unique username and password and provide certain information and personal details to CBZ. You will need to use your unique username and password to access the website in order to purchase Goods.
    5. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    6. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    7. You will not share your card details or personal information with third parties for use on the Website, and CBZ shall not be held responsible for such use should this occur
    8. You agree that, once the correct username and password relating to your account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    9. You agree to notify CBZ immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    10. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    11. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from CBZ (such consent is deemed given for standard search engine technology employed by internet search websites to direct Internet users to this Website).
    12. You may not use this website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    13. You may not in any way display, publish, copy, print, post or otherwise use the website and/or the information contained therein without the express prior written consent of CBZ.
  4. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which the Merchant may accept or reject. Whether or not the Merchant accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by CBZ for the Goods.
    2. NOTE: The Merchant will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and the Merchant come into effect (the “Sale”). This is regardless of any communication from CBZ stating that your order or payment has been confirmed. CBZ will indicate the rejection of your order (by the Merchant) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Merchant’s returns policy.
    4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold CBZ or the Merchant liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. CBZ or the Merchant cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, CBZ will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 
    6. CBZ relies on information supplied by the relevant Merchant and CBZ  accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Merchant which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Merchant, your respective rights and obligations being as set out in these Terms and Conditions.
  5. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
      1. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to suspend completion of your order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are the holder of the debit card, and fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are the holder of the credit card and fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 2 (two) days of placing your order. Payment can be done in either ZWL or USD and each merchant will display their selling prices in each currency. The merchants are responsible for the selling prices and changes.
      4. Instant ZIPIT;
    3. You may contact us via our [email protected]; [email protected] to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  6. Delivery of goods
    1. Merchants  offer 2 (two) methods of delivery of Goods to you. You may elect delivery via:
      1. courier; or
      2. self-collection.
    2. The delivery charges are subject to change at any time, without prior notice to you, so please check   the delivery details for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out. Each merchant will have their own delivery channel and terms.
    3. Where it accepts your order, the Merchant will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). Each merchant will notify you if they are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    4. Each merchant’s obligation to deliver a product to you is fulfilled when they deliver the product to the physical address nominated by you for delivery of the order. CBZ is not responsible for any loss or unauthorised use of a product/Goods, after it has delivered the product to the physical address nominated by you. Each merchant has the responsibility to deliver Goods as per terms and conditions.

 

    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 
    2. CBZ shall not be bound by any incorrect information regarding Goods displayed on any third party websites.
  2. Merchants
    1. CBZ will indicate on relevant product pages and checkout pages when Goods are for sale by a Merchant. In such cases CBZ only provides the platform to facilitate transactions between Merchants and CBZ customers. CBZ is neither the buyer nor the seller of these Goods unless otherwise specified.
    2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Merchant is therefore solely between the registered user and such Merchant. CBZ is not a party to that sale.
    3. The Merchant is solely responsible for fulfilment of delivery of the Goods. The Merchant is also responsible to provide an invoice to the registered user if required.
    4. Not all Merchants are registered VAT (Value-Added Tax) vendors. Only Merchants who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Merchant is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
  3. Merchant Privacy Policy
    1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
  4. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 8 above.
  5. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst CBZ takes reasonable measures to ensure that the content of the Website is accurate and complete, CBZ makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by CBZ’s representatives, CBZ shall not be bound thereby.
    3. CBZ disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of CBZ, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, CBZ also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of CBZ, its employees, agents or authorised representatives. CBZ thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  6. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and CBZ is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  7. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. CBZ may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that CBZ will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. CBZ is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by CBZ to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and CBZ, in whole or in part, on notice to you. CBZ shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to CBZ.
  8. Governing law and jurisdiction 
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of Zimbabwe. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Zimbabwean courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and CBZ, you hereby consent to the non-exclusive jurisdiction of the High Court of Zimbabwe notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction.
  9. Notices
    1. CBZ hereby selects 3rd Floor Union House, 60 Kwame Nkrumah Avenue, Harare, Zimbabwe   as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). CBZ may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving CBZ not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
      3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  10. General
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or CBZ to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. No variation, addition, deletion, or agreed cancellation of these Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      6. These Terms and Conditions contain the whole agreement between you and CBZ and no other warranty or undertaking is valid, unless contained in this document between the parties.