Terms and Conditions

Introduction

The Website enables you to order an extensive range of ICT goods (“Goods”).

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.

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

This website can be accessed at www.eskilltrading.com, related subdomain websites and software applications (the “Website”) and is owned and operated by Eskill Trading (Pvt) Ltd.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act of 2019 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause, and which may create risk or liability for the user; and/or may compel the user to indemnify Eskill Trading or a third party; and/or serves as an acknowledgement, by the user, of a fact. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask your account manager at Eskill Trading to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or Eskill Trading in terms of the CPA.

Returns

Please refer to our Returns and Warranty policies for more information about returning products the Returns Policy is incorporated in the dealer application pack.

Registration and Use of the Website

Only registered resellers may order Goods on the Website.

To register as a reseller, you must provide a unique username and password and provide certain information and personal details to Eskill Trading. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall be used for personal use only, and not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have 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.

You agree to notify Eskill Trading 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.

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.

You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

Conclusion of Sales and Availability of Stock

Registered users may place orders for Goods, which Eskill Trading may accept or reject. Orders placed will be fulfilled according to stock availability.

NOTE: Eskill Trading will indicate the acceptance of your order once payment has been received. Should you have a terms account, orders will be processed according to these terms. Should your account be on hold, your order will be declined or suspended until your account is adequately funded per the agreed upon terms.

Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.

You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by Eskill Trading, Eskill Trading will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Eskill Trading will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Delivery of Goods

Eskill Trading offers 2 (two) methods of dispatch of Goods to you. Stock will only be released upon confirmation from our accounts department for receipt of payment for the invoiced amount. Upon the receipt of said confirmation the options available to you are:

• Physical collection of stock from our stores; or
• Delivery to your premises within a 25-kilometre (twenty-five kilometre) radius of Eskill Trading for orders above $1000 (one thousand United States dollars), as soon as reasonably possible within 24 hours from time of order and during working hours. You will be notified if there are any extra costs or changes to the order that may impact the delivery timeline for your order.
• Out of Harare products are sent carriage forward to the reseller and they can elect their preferred courier and by so doing, the reseller agrees to absorb the cost of freight, however, there may be times where Eskill Trading chooses at its sole discretion to accommodate the customer and pay for the product to be sent to them. This would be on a case-by-case basis.
• Please ensure that you specify you preferred method of despatch at the time of placing your order.
• All orders requiring delivery will be charged at a flat rate of $20 USD (twenty United States dollars) inclusive of VAT for orders that are below the free delivery threshold. This too may be reviewed, amended or waivered at the discretion of Eskill Trading.
• Eskill Trading’s obligation to deliver a product to you is fulfilled when we deliver the product to your business address. Eskill Trading is not responsible for any loss or unauthorised use of a product, after it has delivered the product to your business address.

Errors

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 gross 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.

Deals and Other Discounted Goods

From time to time, we may offer certain Goods at discounted prices as part of a special deal, Bundle Deal, or any other temporary deal (each a “Deal”). These which is communicated by Eskill Trading. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”). However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current price for each product that falls outside the scope of the Deal.

Privacy Policy

Please refer to our privacy policy at www.eskilltrading.com/policies/privacy-policy.

Changes to these Terms and Conditions

Eskill Trading may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Ownership and Copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Eskill Trading, its advertisers and/or sponsors and/or is licensed to Eskill Trading.

You will not acquire any right, title, or interest in or to the Website or the Website Content.

Disclaimer

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.

Whilst Eskill Trading takes reasonable measures to ensure that the content of the Website is accurate and complete, Eskill Trading 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 Eskill Trading’s representatives, Eskill Trading shall not be bound thereby.

Eskill Trading disclaims liability for any loss, expense, or damages that the customer may incur 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.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Eskill Trading 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 Eskill Trading, its employees, agents or authorised representatives. Eskill Trading 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.

Linking to Third Party Websites

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 Eskill Trading is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

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.

Limitation of Liability

Eskill Trading cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Eskill Trading, its employees, agents, or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by contacting us on any of contact details under the contacts page of this website.

Availability and Termination

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.

Eskill Trading may in its sole discretion terminate, suspend, and modify this Website, with or without notice to you. You agree that Eskill Trading 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.

Eskill Trading is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, refuse to accept or process an order, and/or to cancel any order concluded between you and Eskill Trading, in whole or in part, on notice to you.

At any time, you can choose to stop using the Website, with or without notice to Eskill Trading.

Governing Law and Jurisdiction

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 the Republic 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.