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Terms & Conditions
1. Acceptance of our Terms
By visiting the website First Shop, viewing,
accessing or otherwise using any of the services or information created,
collected, compiled or submitted to First Shop, you agree to be bound by the
following Terms and Conditions of Service. If you do not want to be bound by
our Terms your only option is not to visit, view or otherwise use the services
of First Shop. You understand, agree and acknowledge that these Terms
constitute a legally binding agreement between you and First Shop and that your
use of First Shop shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that First Shop is
entitled to modify, improve or discontinue any of its services at its sole
discretion and without notice to you even if it may result in you being
prevented from accessing any information contained in it. Furthermore, you
agree and acknowledge that First Shop is entitled to provide services to you
through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that First Shop may
contain proprietary and confidential information including trademarks, service
marks and patents protected by intellectual property laws and international
intellectual property treaties. First Shop authorizes you to view and make a
single copy of portions of its content for offline, personal, non-commercial
use. Our content may not be sold, reproduced, or distributed without our
written permission. Any third-party trademarks, service marks and logos are the
property of their respective owners. Any further rights not specifically
granted herein are reserved.
4. Submitted Content
When you submit content to First Shop you
simultaneously grant First Shop an irrevocable, worldwide, royalty free license
to publish, display, modify, distribute and syndicate your content worldwide.
You confirm and warrant that you have the required authority to grant the above
license to First Shop.
5. Termination of Agreement
The Terms of this agreement will continue to
apply in perpetuity until terminated by either party without notice at any time
for any reason. Terms that are to continue in perpetuity shall be unaffected by
the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of
First Shop is entirely at your own risk and that our services are provided
"As Is" and "As Available". First Shop does not make any
express or implied warranties, endorsements or representations whatsoever as to
the operation of the First Shop website, information, content, materials, or
products. This shall include, but not be limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement, and warranties that
access to or use of the service will be uninterrupted or error-free or that
defects in the service will be corrected.
7. Limitation of Liability
You understand and agree that First Shop and
any of its subsidiaries or affiliates shall in no event be liable for any
direct, indirect, incidental, consequential, or exemplary damages. This shall
include, but not be limited to damages for loss of profits, business interruption,
business reputation or goodwill, loss of programs or information or other
intangible loss arising out of the use of or the inability to use the service,
or information, or any permanent or temporary cessation of such service or
access to information, or the deletion or corruption of any content or
information, or the failure to store any content or information. The above
limitation shall apply whether or not First Shop has been advised of or should
have been aware of the possibility of such damages. In jurisdictions where the
exclusion or limitation of liability for consequential or incidental damages is
not allowed the liability of First Shop is limited to the greatest extent
permitted by law.
8. External Content
First Shop may include hyperlinks to
third-party content, advertising or websites. You acknowledge and agree that
First Shop is not responsible for and does not endorse any advertising,
products or resource available from such resources or websites.
9. Jurisdiction
You expressly understand and agree to submit
to the personal and exclusive jurisdiction of the courts of the country, state,
province or territory determined solely by First Shop to resolve any legal
matter arising from this agreement or related to your use of First Shop. If the
court of law having jurisdiction, rules that any provision of the agreement is
invalid, then that provision will be removed from the Terms and the remaining
Terms will continue to be valid.
10. Exchange and Return Policy
First Shop will refund or exchange all goods
if you return them within 7 days of purchase, provided that the goods must
still be in their original condition and packaging and may not have been
used. You will also be required to present the original tax invoice.
The goods we exclude from the 7-day exchange
or refund policy are: unless there is a manufacturing defect in the goods,
you can only return these goods if they are still in the original condition,
sold and the packaging, if transparent, has not been opened yet; goods purchased
by way of special arrangement or custom order will only be replaced if
defective.
Delivery cost of items purchased will still be
the responsibility of the customer, and we will not refund delivery cost.
11. Delivery Policy
Listed price of Items does not include
delivery and the delivery cost will be displayed at checkout. Delivery time
will take place between 3 to 10 working days. Delivery cost is not refundable.
Goods are despatched in sealed packaging and should be received in the same
manner. Please ensure that when receiving delivery of your purchase, it is
sealed.
Subject to these Terms, The Courier Guy agrees
to receive and arrange for the provision of the Service to the Consignee in
accordance with the information on The Courier Guy’s Waybill or return of the
Shipment to the Customer (or its nominee) when the Shipment was not delivered
to the Consignee.
Any instruction from the Customer to The Courier Guy and/or a TPA to provide
the Service shall be on a The Courier Guy Waybill, duly completed and tendered
with the Shipment.
Unless otherwise agreed in writing and signed by The Courier Guy, no other
instructions, whether verbal or written shall be binding on The Courier Guy or
any TPA.
A Shipment under these Terms shall be deemed to have been received into The
Courier Guy or any TPA’s possession only upon –
the Shipment being received into The Courier Guy or the TPA’s physical
possession; and
receipt acknowledging acceptance being issued by The Courier Guy or the TPA and
furnished to the Customer by an expressly authorized The Courier Guy and/or TPA
Personnel.
The Customer is responsible for ensuring that the person furnishing such
receipt is expressly authorized to do so by The Courier Guy or the TPA.
Delivery to the Consignee, or, on a Shipment returned to the Customer (or its
nominee), shall be conclusively evidenced by a signed receipt being given
therefore by the Consignee or the Customer.
A POD shall be conclusive proof that the Shipment was delivered in accordance
with these Terms, in good order and condition, in an intact form, without any
Loss and shall further constitute final and absolute release of all undertakings,
obligations and liabilities of The Courier Guy and/or any TPA.
12. Currency and VAT and Payment Policy
Online shopping just got easier!
We want to make shopping as convenient as
possible for you. In keeping with this philosophy, there are a number of
accepted payment types for firstshop.co.sz shoppers. We accept
all of the following online payment methods:
Mastercard
VISA
EFT
PayPal
MTN
Mobile Money
Please note that, while all inquiries will be
received by First Shop they will NOT BE PROCESSED until proof of payment has
been received by First Shop.
CREDIT
CARD AND REFUND POLICY
Payment by credit card is immediately
authorized by an online payment gateway, provided that all details are
correctly captured. First Shop takes no responsibility for the fraudulent use
of Internet Banking logon codes and PINS.