Terms of Service/ User Agreement
In effect as of 17/11/2017
ZIMBORN reserves the right to change these Terms of Service without notice. It is the user's responsibility to ensure they are up to date with the User Agreement before using any services provided by the website.
If you do not agree with any of the terms of the User Agreement, do not access or otherwise use the site or any information contained on the site.
Your use of the site shall be deemed to be your agreement to abide by each of the Terms of Service set forth in the User Agreement.
Using the Site
ZIMBORN is an online marketplace that allows users to purchase goods and services. The actual sale is made directly between the sellers and buyers.
By placing an order through our site, you warrant that;
You are legally capable of entering into binding contracts
You are at least 18 years old
You are a resident in one of the countries that ZIMBORN conducts business in
You also assume the responsibility of keeping your password and other account details confidential.
If you do not comply with any part of this website’s Terms of Service we may terminate your access to the site, without prior notice, which may result in the forfeiture and destruction of all information associated with your account.
Restrictions of Use
In consideration of being allowed to use the ZIMBORN website, you agree that the following actions shall constitute a material breach;
Collecting information about ZIMBORN or users of the site without our written consent
Impersonating another person
Allowing any other person or entity to impersonate you to access or use zimborn.com
Distributing viruses or other harmful computer code
Using zimborn.com for any purpose in violation of local, national or international laws
Using zimborn.com in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others and thus bypassing any measures implemented by us aimed at preventing violations of the Terms of Service.
This website contains material which is owned by or licensed to Design Avenue Pvt Ltd. This material includes, but is not limited to, the design, logo, layout, look and appearance of the website.
Use of any image, photograph and or promotional graphic on another eCommerce property, social media page, blog, or news source not affiliated with ZIMBORN without proper written consent is a violation of International copyright laws.
With exception to the materials listed above, all persons (including their names and images), third party trademarks and images of third party products featured on this Website are in no way associated, linked or affiliated with ZIMBORN.
Any trademarks/ names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products are endorsed by or connected to ZIMBORN.
Product Availability and Catalog Display
Some items featured may be available only while we have the items in stock. On occasion, in limited instances, that
may mean that certain items displayed on our site may no longer be in stock. Once an item is sold out, we will attempt to remove the item promptly from display or state that it is sold out and awaiting restock.
ZIMBORN will make every reasonable effort to display its merchandise as accurately as possible. However, neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance or suitability
of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
We may terminate, change, suspend or discontinue any aspect of zimborn.com, including the availability of any features of the site, at any time and without notice.
User Generated Content
Any comments, suggestions, product reviews, and other user generated content that you send to zimborn.com, affiliated websites and or social media accounts may be used for any purpose whatsoever, including but not limited to reproduction, publication, advertisement, posting, modification, transmission, display and distribution. However we will not use any of your personal information (name, address, etc.) without your written consent.
Links to and from our Website
We have no control over links made to zimborn.com by third parties. When you access a website, which does NOT contain the domain name zimborn.com, please realize that the content may not be associated with us. zimborn.com makes no warranties or guarantees about accuracy of information you may see on other web properties, including discount codes, promotions, specials, and prices.
You may not create a link to this website from another website or document without ZIMBORN's prior written consent.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s).
We have no responsibility for the content of the linked website(s).
All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt, and are correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time.
Although we try to ensure all our prices displayed on our website are accurate, errors as well as changes due to unstable economic conditions may occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it.
By confirming an order during the checkout process you are acknowledging that you have purchased the item(s), and that you agree to honor the amount detailed in the total, to be payable to Design Avenue Pvt Ltd. Order changes and cancellations can only be made before you have received an order confirmation e-mail. Once it has been sent the order is active and can no longer be changed or cancelled.
Returns, refunds and exchanges will be dealt with on a case by case basis and ZIMBORN reserves the right to deny any claims and requests if they do not appear to be genuine or were not made within the 3 day window stipulated for such claims. Underwear, swimsuits and earrings will not be considered for refunds.
Shipping costs for returns will be compensated by ZIMBORN only for deliveries within Zimbabwe and only for items confirmed to be faulty upon arrival or when the wrong item has been issued. We will not collect returns under any circumstances.
You acknowledge that shipping and or handling fees may be added during the checkout process, these fees will be visible and will require your confirmation.
We will make every effort to facilitate the delivery of goods within the estimated timescales. However delays are occasionally inevitable and delivery times given by ZIMBORN to the customer are subject to change. We will advise the customer if the package is delayed, however we are not obliged to offer an explanation.
ZIMBORN will e-mail updates to the customer on when a given package is set to arrive. It is then the responsibility of that customer to ensure they are present when the package is delivered. If not, the package will have to be retrieved by the customer at a later date from a designated location at their own expense.
For International orders, taxes and duties are not calculated at checkout and you, the customer, are responsible for paying these taxes and duties at the time of delivery. These are not calculated by ZIMBORN and any refusals or return shipping will not be reimbursed.
Goods that are defective in a way not related to a manufacturing defect or shipping accident, will not be considered for a refund.
ZIMBORN will accept no liability for returns by mail or courier, including but not limited to the risks of non-delivery, damage or loss during transit and late delivery.
Ascertaining the root cause of the defect will be at the sole discretion of ZIMBORN. However, we will be reasonable in doing this.
We will not be held liable for a seller failing to fulfill or maintain an expected level of quality. However, we do our best to make sure that all items sold on our website are of a satisfactory quality.
All of the materials provided herein are provided on an "as is" and "as available" basis without any warranty or guarantee of any kind, including but not limited to warranties of title, fitness for a particular purpose, compatibility, and accuracy. We make no representations or warranties about the accuracy, reliability, or completeness of any content provided on or through the use of the site or that the operation of the site will be error free and or uninterrupted.
The nature of Internet communications means that this site may be susceptible to data corruption, interception, non-availability and delays. The site may also be unavailable from time to time due to repairs, maintenance or development work. You expressly agree that you use the site at your own risk.
Limitation of Liability
To the fullest extent permitted by law, Design Avenue Pvt Ltd, its directors, officers, employees, consultants, affiliates, and sellers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, loss of profits, data loss, virus infection or any other intangible losses arising out of or in connection with your use of the site, its services or this User Agreement.
If you are dissatisfied with the site or any content or materials on it, it is your sole responsibility to discontinue your use of it. Furthermore, you agree that any unauthorized use of the site and its services as a result of your negligent act or omission would result in irreparable injury to ZIMBORN and we shall treat any such unauthorized use as subject to the Terms of Service of this User Agreement.
You agree to indemnify, defend and hold harmless Design Avenue Pvt Ltd, its directors, officers, employees, consultants, affiliates, and sellers, from any and all third party claims, liability, damages and or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these Terms of Service, your infringement of any intellectual property right, or a breach of any duty of confidence or privacy made by you in any form.
We shall apply the terms of this policy in our absolute discretion. In the event of your breach of these terms we may terminate or suspend your use of the site, disclose any misdoings to law enforcement authorities or take any action we consider necessary to remedy the breach.
We will try to resolve any disputes quickly and efficiently. If you are unhappy with the way in which we deal with any dispute and you want to take court proceedings, the relevant courts of the Republic of Zimbabwe will have exclusive jurisdiction in relation to the Terms of Service.
Relevant Zimbabwean law will apply to these Terms of Service.