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  • Tswanakart Customer Terms & Conditions

    Welcome to the Tswankart.com, property of Tswanakart Pty Ltd, a company duly registered and incorporated under the republic of Botswana’s companies act CAP 42:01 with UIN BW00001456748.

    The term ‘Tswanakart’ or 'TK' or ‘us’ or ‘we’ or 'our' or ’it’ or “the site” or “the website” or ’site’ or 'platforms' refers to the owner of the website and services. The term ‘you’ or 'your' or ‘customer’ or ‘client’ refers to the user or users or viewer or viewers of our website and our platforms.

    Through browsing and use of any of our platforms , you are consenting to comply with and be subject to the following terms and conditions of use, which together with our privacy policy, refund and exchange policy, shipping and delivery policy, warranty policy and order cancellation policy govern Tswanakart’s relationship with you, with regards to our services. The terms of use are a legally binding agreement between you and Tswanakart, and they lay out the terms and conditions you are expected to comply with, by using our website and services, including the sale of products to consumers. If you disagree with any part of these terms and conditions, please do not use our platforms, do not place any order, do not sign up or even browse through it. We urge you to read and take note of any other information contained on other pages or websites referred to in this agreement found under customer center section at the bottom of every page in this website, as they may contain further terms and conditions and or policies that applies to you.

    These terms and conditions ("Terms and Conditions") and all policies apply to this website, and all of its divisions, subsidiaries, sister companies and affiliate operated Internet sites and applications which reference these Terms and Conditions and all our policies.

    The use of this website is subject to the following terms of use:

    We reserve the right, to change, modify, add, or remove portions of all Terms and Conditions and policies at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions and all our policies of use regularly for updates. Your continued use of our website following the posting of changes to these Terms and Conditions and policies constitutes your acceptance of those changes.

    Tswanakart Usage

    The minimum age of users we accept is 18 years. If you are a minor i.e. “below 18 years”, your use and access to our website should be supervised by a parent or legal guardian. We grant you a non-transferable and revocable license to use our website, under the Terms and Conditions described, solely for the purpose of shopping for personal items sold on Tswanakart. Commercial use or use on behalf of any third party is not permitted, except as explicitly granted by us in advance. By breaching these terms and conditions, the license mentioned above will be revoked, without notice to you.

    Content provided on this site is solely for informational purposes. Product representations expressed on our website are those of the merchant and are not generated by us. Inputs, views or opinions expressed on this website are those of the individual posting such content and do not reflect our own.

    Every user of our website is solely responsible for keeping passwords, login credentials and any other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Tswanakart shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

    During your account creation and registration process, you automatically agree to receive promotional messages and or emails from our website.

    Back Log/Orders

    It may occur that one of the products you have ordered is out of stock. If this happens, you will be notified via text message or email, 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 and valid, active mobile number when ordering or creating your account. If you decide to wait for an order, take note that you may have to wait longer than the delivery schedule times stated in our delivery and shipping policy.

    Products Modification

    we may make changes to any items and products sold in our site, or to the corresponding prices for any such products, at any time, without notice. The information provided on Tswanakart about products and items may be outdated at some point in time and we are not bound by anything to update it timely.

    Product Colors

    When listing products and items we will try our best to reflect truly and accurately as possible to our customers their colors but due different aspects like accessing our website from different devices the view maybe somewhat distorted therefore we do not and cannot guarantee that the color you see through the device you use will be the same as the product color you get after a successful purchase. All product drawings, photos, descriptions, specifications displayed in our 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

    Prices

    Prices of the products and items sold are quoted in Botswana Pula (BWP) and do not include taxes (VAT), customs and shipping costs.

    Damaged Goods

    Our shipping and logistics partner will only cover the actual goods value if you purchased insurance for your goods and the package is damaged by the shipping agent during the transporting of your goods and half the amount if you did not purchase insurance for your order. 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 consider any request more than 24 hours after you have received the package.

    Indemnification

    You agree to defend, indemnify and hold harmless, Tswanakart 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.

    Force Majeure

    Under no circumstances shall Tswanakart be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through Tswanakart resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

    Indemnity

    In the event that you or Tswanakart breach any of these terms, you will indemnify and keep indemnified Tswanakart, 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.

    Laws

    To the extent permitted by law, all sales at Tswanakart are governed by Botswana law, without giving effect to its conflict of law provisions.

    Limitation of Liability

    Tswanakart is not liable for any direct, indirect, special, incidental or consequential damages arising from the use or the inability to use, the products on this site. This includes but is not limited to the loss of data or loss of profit, even if Tswanakart was advised of the possibility of such damages.

    Dispute Resolution

    Any disputes, controversies, or differences arising from the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Botswana. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Gaborone. The language used in the arbitration proceedings shall be English.

    Linked sites

    We may contain links to other Internet sites (“linked sites”). Tswanakart 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.

    Making A Purchase

    You are never under any obligation to buy anything on our website, so feel free to browse the products listed. If you decide that you would like to purchase a product, add them to your cart then proceed to checkout and place your order.

    Missing Item or product

    Any missing item or product in your order should be reported within 24 hours once the package has been delivered to you. Should you take longer than that, your request or report will not be considered nor listened to.

    Adjustments

    we hold the rights to: (1) to modify, suspend or terminate operation of or access to Tswanakart, or to any portion of Tswanakart, for any reason whatsoever; and (2) to interrupt the operation of Tswanakart, or any portion of Tswanakart, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

    Payments

    We only accept Direct Bank Deposit, Electronic Funds Transfer, Cell Phone Banking and Mobile Money payments. No credit/debit cards and or any online payments are accepted on our platform.

    All Fees Per Tswanabulk Order

    When purchasing products from Tswanakart, the Customer agrees to pay the following fees. They will all be added to your order total and they are all paid upfront.
    Export Fee
    This fee is for making export documents as required by customs and tax authorities for clearing and processing the Customer’s order and it’s not fixed therefore its bound to change without notice as and when Tswanakart sees fit.
    Handling Fee
    This is paid to the tax clearance agent, who will be receiving the Customer’s orders and clearing them on the Customers’s behalf then taking them to our office for the Customer to just come pick them up. This fee is also subject to change without notice.
    Shipping Costs
    Shipping cost are calculated based on the shipping mode the Customer selects, that is either air freight or sea freight, product types the Customer ordered its weight and country where the order will be shipped to.
    Money Transfer Fees
    All fees the Customer pay for products are collected directly to Tswanakart’s bank account we have per country; therefore, Tswanakart will have to transfer the money to the suppliers and factories in China for purchasing the Customer’s ordered products and for that we have to use third party companies and organizations. Since the products are already sold at factory prices, Tswanakart simply cannot pay that for the Customer therefore the Customer is liable to pay these fees and they also differ based on the total amount Tswanakart will have to transfer to China, to our Chinese Bank account.
    Customs and Taxes
    Customs, duty and taxes that are required to be paid for all imports.Tswanakart will inform the Customer what the charges are but Tswanakart will always make sure all the fees for order totals includes clearance and customs fees. All these fees are included to ensure the Customer have a smooth shopping experience with when making purchases from Tswanakart The Customer just pay and pick up. You do not have to worry about clearances, finding a cheap reliable logistics company and all the like, Tswanakart will provide them all for the Customer. All Tswanakart ask is that the Customer pick up his/her order well in time upon arrival at the designated office which will be communicated with the Customer via a message.

    Refund Policy

    If you made a purchase in our platform and the order have arrived from China or have left China and delivered to our designated office or you have already picked it up but for some reason you need to return it, get a refund or an exchange. Then contact Tswanakart by email at [email protected] and mention the order invoice number together with the reasons why such a request was made. Alternatively you can contact us using the order actions available under each order actions.

    Tswanakart will not be liable to pay any of the shipping costs, customs for re-importing the product back to China then back to Botswana after a successful exchange. The customer will pay all the fees required to complete the whole process all Tswanakart will do is to provide the customer with the address and details of where to ship the product to or give Tswanakart the product then pay all the fees and Tswanakart will carry out the transaction on the Customers behalf. All fees will be paid for upfront.

    PLEASE NOTE WE DO NOT OWN ANY MANUFACTURING FACTORY IN CHINA, WE ARE ONLY A LINK BETWEEN CUSTOMERS AND SUPPLIERS THEREFORE REFUNDS AND OR EXCHANGES ARE GIVEN AT THE DISCRETION OF THE FACTORY OWNERS AND MANAGEMENT

    User Inputs

    Anything that you submit to the website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (altogether, "Inputs") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any input, when you post comments or reviews to the website, you also grant us the right to use the name that you input, in connection with such review, comment, or other content. You shall not use a false e-mail address and mobile number, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any inputs. We may, but shall not be obligated to, remove or edit any inputs.

    By completing an order or signing up, you agree to receive:
    a) emails and messages associated with finalizing your order, which may contain relevant offers from third parties
    b) emails and messages asking you to review Tswanakart and your purchase, and
    c) promotional emails, SMS and push notifications from Tswanakart You may unsubscribe from promotional emails via a link provided in each email.

    Order Acceptance and Pricing

    Please note that there are cases when an order cannot be processed for various reasons. Tswanakart reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

    We are determined to provide the most accurate pricing information on our website to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not you as the customer agrees

    Trademarks & Copyrights

    All intellectual property rights, both registered or unregistered, in our website, information content on our website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of Tswanakart also are protected by copyright as a collective work under Botswana copyright laws and international conventions. All rights are reserved.

    Data Protection

    Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our website.

    Termination

    We hold all rights to terminate and revoke the license granted to you by these terms and conditions, together with all other policies and regulations found on our website. Should we at any point revoke and or terminate your license, we have all the rights to delete your information, partially or all of it, and deny you access to our website, entirely or not entirely. Upon doing so, we should and will not be held liable for any loss or damage caused to you by this. If you are not satisfied by these terms and conditions, or any policy and regulation on our website, please do not continue using it.