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Terms and Conditions
|1||About Skymartbw – If you have any suggestions or comments please email us at [email protected]|
It is your responsibility to make sure that your order contains acceptable and approved items for import into the country of destination/delivery. The buyers solely accept the full risk of any package (or part thereof) being detained by customs for whatever reason and acknowledge and agree that they will not hold Skymartbw liable for such packages, for whatever reason being unable to be delivered to their destination.
Your Conduct and Use Limitation – You shall not carry out any act or omission or procure any act or omission which would: (a) disrupt, impair or interfere with, alter or modify this website or its software; (b) act in a way that affects or reflects negatively on us or anyone else; (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party’s prior consent; (d) engage in any activities in such a manner as to expose Skymartbw or any third party to liability or adversely affecting the name, reputation or business of us or any such third party; (e) commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of Skymartbw to be impaired; (f) violating or attempting to violate the security of the website; (g) Cause any illegal, offensive, defamatory material to be placed on or associated with this website; (g) b in breach of any copyright, trade mark, privacy, confidence, or any other third party right; (h) cause any inconvenience to Skymartbw, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’). NOTE: Violations of system or network security may result in civil or criminal liability.
|3||Back Orders – Occasionally, one of the products you have ordered may be out of stock. If this happens, you will always be emailed with the option for you to cancel your order or change your order should you prefer not to wait. You must therefore provide us with your e-mail address when ordering. If you decide to wait for an order, please be aware that you may have to wait longer than the delivery schedule times stated above.|
|4||Changes to Products – Skymartbw may make changes to any products offered at Skymartbw, or to the applicable prices for any such products, at any time, without notice. The information provided at Skymartbw with respect to products may be out of date and Skymartbw makes no commitment to update the information provided at Skymartbw with respect to such products.|
|6||Colours – Every effort has been made to reflect product colours as accurately as possible. However, due to differences in monitors, we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the product. All drawings, photos, descriptive matter, specifications and advertising issued on this website are issued or published for the sole purpose of giving an approximate idea of the products described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.|
|7||Custom Rights :
It is clear however, that we will do our best to help you in getting your product out of customs if additional proof of sale or of value is needed.
|8||Credit Card Security – We know of no documented cases of credit card fraud using our shopping system over the Internet. All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. They are only decrypted after they reach our system. They are not held in clear text on any web site.|
|9||Currency – We currently only accept Botswana Pula and Malaysian Ringgit and shall accept the Botswana Pula as the official currency for all calculations.|
|10||Damage or Declared Goods – DHL and FEDEX will only cover the actual goods value if the package is damaged by the shipping agent during the transporting of your goods. (We would not be held responsible if you’ve requested for us to change the invoice value).You are required to make a report to us on damaged item(s) in your package within 24 hours after you have received the package. We will not entertain any request if more than 24 hours after you have received the package.|
In the event if your package is lost by the shipping courier and your package has not been insured, we will only replace the lost products with the amount that is declared on the invoice according to your request.
|12||Disclaimer – THIS SITE IS PROVIDED BY SKYMARTBW ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYMARTBW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SKYMARTBW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SKYMARTBW DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SKYMARTBW WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.|
|13||Guarantee – Every effort is made to ensure your satisfaction at Skymartbw. If you are not happy with our service or product, please contact us and we will do our best to sort out the problem.|
|14||Indemnification – You agree to defend, indemnify and hold harmless Skymartbw and its affiliates from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this site.|
|15||Indemnity – In the event that you breach any of these terms, you will indemnify and keep indemnified Skymartbw, its subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these terms and conditions.|
|16||Laws – To the extent permitted by law, all sales at Skymartbw are governed by Botswana law, without giving effect to its conflict of law provisions.|
|17||Limitation of Liability – Skymartbw is not liable for any direct, indirect, special, incidental or consequential damages arising out of the use or the inability to use, the products on this site. This include but is not limited to the loss of data or loss of profit, even if Skymartbw was advised of the possibility of such damages.|
|18||Linked sites – Skymartbw may contain links to other Internet sites (“linked sites”). Skymartbw does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided merely for your convenience. You are solely responsible for understanding any terms and conditions that may apply when you visit or place orders with the linked sites.|
|19||Making A Purchase – You are never under any obligation to purchase anything at the online shop, so feel free to browse the products on sale. If you decide that you would like to purchase a product, you can do so easily! Simply click on any products that you wish to buy and put them into the shopping cart. After you have finished with your selection, click on Checkout and you will be asked for a few details before we proceed to satisfy your order. It’s as simple as that!|
|20||Miscellaneous – (1) If any of the aforementioned terms are held to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable terms will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms shall continue in effect; (2) Skymartbw’s failure to insist on or enforce strict performance of these terms shall not be construed as a waiver by Skymartbw of any provision or any right it has to enforce these terms, nor shall any course of conduct between Skymartbw and you or any other party be deemed to modify any provision of these terms.|
|21||Missing Item – You are required to report missing item in your package within 24 hours after you have received the package. We will not entertain any request if more than 24 hours after you have received the package.|
|22||Modification – Skymartbw reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to Skymartbw, or to any portion of Skymartbw, for any reason whatsoever; and (2) to interrupt the operation of Skymartbw, or any portion of Skymartbw, as necessary to perform routine or non-routine maintenance, error correction, or other changes.|
|23||Non-acceptance of Order – Order acceptance and the completion of the contract between you and us will take place on the dispatch of the Products ordered to you unless we have notified you that we do not accept your order.
Non-acceptance of an order may be a result of one of the following:
The identification of a pricing or product description error
Unless otherwise specified for particular products, we shall refund you your payment if you decide to cancel your orders within twenty four (24) hours after your order has been confirmed and prior to shipment except for the transaction fees charged by the credit card company which is nonrefundable.
If you decide to cancel your orders twenty four (24) hours after your order has been confirmed and prior to shipment, we shall deduct a minimum of 18% from your payment as administrative fees in addition to the transaction fees charged by the credit card company. The balance after deduction of the administrative fees and the transaction fees will be refunded to you.
ONCE YOUR ORDER HAS BEEN SHIPPED YOU ARE NOT ABLE TO CANCEL YOUR ORDER. WE WILL NOT REFUND YOUR PAYMENT EVEN IF YOU RETURN THE PRODUCTS TO US.
|25||Our Policy on Out of Stock Items
All the products were in stock when your order was confirmed, but after your payment was confirmed, one of the products in your order went out of stock.In this case we will ship all the in-stock products that you have ordered first and for products which are out of stock, we will ship it to you immediately once the next shipment of stock arrives or we will refund to you for those items out of stock.
The product was already out of stock when you made the order.In this case we will ship all products in the order only when the new stock for the out of stock product arrives However, in some situations we might ship the products that are available first.
|26||Payment – Skymartbw accepts various payment method options.|
In order to enhance our ability to provide you with the best services, opportunities, and choices possible, we collect, use, and share certain information about you. This policy explains what information we collect and with whom we share it with. The practices described in this policy are applicable to current and former customers and consumers who do business with us. The policy also explains how we protect the security and confidentiality of our customer’s information.
Security and confidentiality of your information.
Order and Credit Card Information
Our third party service provider requests information from the user on the order form, viewed by the user as a page hosted on the third party service provider web server. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used as explained above. For example, if we have trouble processing an order, contact information is used to get in touch with the user.
Your credit card information does not pass through the third party service provider sites under the terms of Skymartbw’s agreement with third party service provider. Third party service provider does not share credit card information with Skymartbw Network. Third party service provider keeps your credit card information confidential and protects your credit card information through the use of industry-standard Secure Sockets (SSL) encryption technology.
|28||Refund Policy – Refunds will be given at the discretion of Skymartbw’s management.|
|29||Relationship – Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.|
|30||Reporting Intellectual Property Infringements – If you believe that your intellectual property rights have been infringed, kindly email us at [email protected]. Please note that only the intellectual property rights owner can report potentially infringing products to us.|
|31||Safe and Secure Purchase
We at Skymartbw Network are concerned about the safety and security of our customer, and it is very important to us that our customer’s have the comfort of feeling safe and secure whenever purchasing from us. This is why Skymartbw Network uses internet payment solutions such as Paypal.
Paypal (http://www.paypal.com) is committed to handling your customer information with high standards of information security. Your credit card and bank account information are stored only in encrypted form on computers that are not connected to the Internet. They restrict access to your personally identifiable information to employees who need to know that information in order to provide products or services to you. They maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. They test our security systems regularly and also contract with outside companies to audit our security systems and processes.
|32||Shipping And Handling – Orders will be charged packing and post based on the weight of the order. Packing and post costs will be added to your order total. Please note that due to varying size and weight of our products, and different postage rate to each country, the postage and packing costs will be calculated on an individual basis. Once your package has been shipped out, we shall not be held responsible/liable if any of the products are missing or damaged during shipping. Skymartbw recommends that you insure your packages and declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in shipping. Please check your delivery address carefully as we will not be responsible for delivery to an incorrect address. The customer shall be responsible for the cost to resend a package that is returned because of an incorrect address.
The shipping cost that you paid does not includes tax and duties or any other extra charges impose by your local custom
We do not entertain request for shipping packages in multiple parcels.
|33||Tax and Duty – Any taxes and import duties are not included. Please check your government policy on import duties and taxes before you proceed to purchase.
We shall not be responsible for any import taxes or duty under any conditions even if you have instructed us to change the invoice value or product description.
|34||Shipping Insurance – Skymartbw offers shipping insurance and you have a choice to insure your order as you wish. Please note that shipping insurance must be made clear by the customer if they so desire to have such an insurance.|
|35||Termination and Suspension – We may immediately issue a warning, suspend or terminate your use of Skymartbw and deny your access to all or part of the website or refuse to provide our services to you without notice if: (1) You are in breach of any part of the terms; (2) We believe that your actions may cause legal liability for us, you, or any other user.|
Unless otherwise stated, the products are sold “AS IS” by Skymartbw but may be accompanied by their manufacturer’s standard warranties. Skymartbw sells “AS IS” products as is, where is, and with all faults, and without express or implied warranties from Skymartbw. Products sold through Skymartbw are serviced and supported by their manufacturers in accordance with any terms and conditions packaged with the products. Prior to placing your order, you are responsible to visit the manufacturer’s website to confirm that the product you intend to purchase is compatible with your system. We shall not be responsible and will not accept return of products purchased by you that are not compatible with your system configuration.
Please ship back to the respective shipping branch as advised from us for warranty claim. We will not be responsible if you ship to any shipping branch not advised by us.
We’ll take care of the rest for you!Returns:If you are not 100% satisfied with your purchase, you can return your order to us at your costs for a refund at our discretion. We believe that in order to have the best possible online shopping experience, our customers should be happy. So if for whatever reason you’re not happy with your purchase, just go to My Account in Skymartbw and contact us for a return.With Skymartbw’s – 24 hours return policy, there are no special catches or exceptions. All we ask is that you send the items back to us in the original packaging and in the state you received them with it original packing intact and in un-use condition.Return With Skymartbw – It’s Easy:
How to return a parcel to us?
Step One: Process Your Return
Step Two: Your Shipping Box
Note: Please ONLY send to the shipping agent center once we have contacted you to do so and please quote the return message id together with the return parcel.