Buyer Agreement

Background Information

The following terms and policies form the legally enforceable Agreement between a person buying (the “buyer”) via the Tradeit Marketplace (“Tradeit”) and each independent business that sells to buyers (the “seller”) via Tradeit. The Agreement is hereafter referred to as the “Buyer Agreement”.

This Buyer Agreement may be varied from time to time. Buyers should check this Buyer Agreement before each order to ensure that the terms of the purchase are fully understood. buyers may seek advice about their statutory legal rights from a solicitor. Nothing in this Buyer Agreement will affect their statutory legal rights.

Contents

• 1. Buyer Terms
• 2. Age Checks
• 3. Authority to bind
• 4. Formation of Contract
• 5. Tradeit Commercial Agent Status
• 6. Information about Sellers
• 7. Products
• 8. Use of the Tradeit Marketplace
• 9. Buyer Personal Information
• 10. Rights, Cancellations and Refunds
• 11. Delivery
• 12. International Delivery
• 13. Price of Products
• 14. Payments
• 15. Manufacturer’s Guarantees
• 16. Compensation for Losses
• 17. Buyer Incentives and Discounts
• 18. Buyer Care
• 19. Events Outside Seller’s Control
• 20. Communications
• 21. Other Important Terms

1. Buyer Terms

1.1 The buyer and the seller accept that they are the only parties to this Buyer Agreement. The buyer and the seller accept that Tradeit is not a party to this Buyer Agreement.

1.2. This Buyer Agreement is comprised of the background (above), the terms set out in these clauses and other policies referred to herein.

1.3. The buyer and the seller should always make sure they are familiar with the terms of This Buyer Agreement. Buyers should also review the relevant seller’s rating and reviews before making purchases of goods or services (“Products”)

2. Age checks of buyers (This Clause 2 only applies to all consumers)

2.1. Buyers i.e., persons not buying for and on behalf of a business, may only purchase through Tradeit if they are at least 18 years old.

2.2. Certain Products may only be purchased if buyers satisfy the legal age requirement for that Product in the country from which the buyer seeks to purchase.

2.3. Buyers acknowledge and accept that Tradeit (acting as agent for the Seller) may perform proof of age checks when orders are made. Please note that in proceeding to order a Product through Tradeit, the buyer consents to these checks and verifications being carried out. Buyers who do not consent to This checks being carried out, should not proceed with an order through Tradeit.

3. Authority to bind a business (this Clause 3 only applies if you are a business)

3.1. Buyers purchasing for and on behalf of a business, confirm that they have authority to bind the business on whose behalf they purchase Products through Tradeit.

3.2. Business buyers agree not to purchase Products from the Tradeit Marketplace for any re-sale purposes.

3.3. This Buyer Agreement constitutes the entire Agreement between the buyer and the seller. The seller and the buyer acknowledge that they have not relied on any statement, promise or representation made or given by or on behalf of either party (or Tradeit) which is not set out in this Buyer Agreement.

4. Formation of this contract

4.1. Shortly after the buyer places an order, the buyer will receive an email from Tradeit acknowledging the order. This email does not constitute the seller’s acceptance of the order.

4.2. This Buyer Agreement will not be formed until the seller dispatches the buyer’s order and marks the Products as dispatched in the seller’s account on Tradeit. At this point the buyer will also receive a confirmation email from Tradeit. The confirmation email will include a description of the Products purchased and other information about the buyer’s rights to cancel and obtain a refund. Only those Products set out in the order confirmation email are included in this Buyer Agreement.

4.3. If the buyer’s order comprises of Products from more than one seller, the buyer will receive separate confirmation emails from Tradeit, as and when each part of the order is dispatched. Each confirmation email constitutes the formation of a separate contract.

4.4. If, for any reason a seller is unable to supply the buyer with all or part of the order, the seller will inform the buyer via the buyer’s Tradeit account. The buyer will receive an email from Tradeit notifying the buyer that a message has been sent to the buyer’s account. Tradeit shall process the refund as soon as reasonably possible.

5. Tradeit commercial agent status

5.1. The seller has appointed Tradeit to act as its commercial agent to bind the seller in concluding the sale of Products with buyers and accept payments from the buyers on behalf of the seller which settles the buyer’s debt to the seller. However, Tradeit is not a party to this Buyer Agreement.

6. Information about sellers

6.1. Sellers’ details including the business name and trading address and, where applicable, the company registration number, registered office and VAT number, are available on the seller’s page (“Seller Shop”) on Tradeit.

7. Products

7.1. The seller shall supply Products that conform with the description in the Product listing.

7.2. The images of the Products on Tradeit are for illustrative purposes only. Although every effort has been made to display the colours accurately, the seller cannot guarantee that the buyer’s computer’s display represents the colour of the Products accurately. The Products may therefore vary slightly from those images.

7.3. Sellers shall make every effort to ensure Product descriptions are as accurate as possible. However, all sizes, weights, capacities, dimensions, and measurements indicated on Tradeit are approximate only. If any material discrepancy comes to light after the buyer has placed an order, the seller will inform the buyer via the seller’s control panel with Tradeit as soon as possible, and give the buyer the option to cancel or return the order (in such a case a refund will be processed as soon as practicably possible).

7.4. The packaging of the Products may vary from that shown on images on Tradeit.

7.5. All Products shown on Tradeit are subject to availability. Sellers shall communicate unavailability as soon as possible, if a Product has been ordered but is not available. In such an instance, a full refund shall be processed as soon as practicably possible.

8. Use of the Tradeit Marketplace

8.1. Use of Tradeit is governed by the Tradeit Terms of Website Use, which is hereby incorporated into this Buyer Agreement.

9. Buyer personal information

9.1. Any personal information will be used in accordance with the Tradeit Privacy Policy, which is hereby incorporated into this Buyer Agreement. The buyer and seller agree that they have read and understood this policy prior to purchasing or selling through Tradeit.

10. Consumer rights, cancellations, and refunds

10.1. Product Standards: Buyers have legal rights under the Zimbabwe Consumer Protection Act 2019 in relation to Products that are faulty, of poor quality or not as described. This means:

10.1.1 of satisfactory quality, i.e., not faulty or damaged;

10.1.2 fit for purpose, i.e., the Products should be suited to the purpose they are supplied for; and

10.1.3 as described, i.e., the Products must match their description.

Business buyers may only obtain refunds if the product is identified as faulty or damaged. Business buyers have 7days from delivery to bring such fault or damage to the seller’s attention.

10.2. Cancellations and Refunds

10.2.1. Non-Faulty Products:

1. Apart from Non-Cancellable Products listed at 10.3, buyers have a legal right to cancel for convenience within 14 days of receipt of the Product. The seller shall extend this right of cancellation for any reason up to 30 days from the date the buyer acquires physical possession of the Products.
2. Cancellation must be communicated by the buyer to the seller via Tradeit within the 30day period set out at 10.2.1 a).
3. The buyer will be responsible for the cost of returning the Products to the seller (this may include arranging for a collection at the buyer’s cost).
4. If the buyer requests a refund on a non-faulty Product, the seller shall provide the buyer with a full refund of the product price including any standard postage costs but not the additional costs of any applicable delivery other than the least expensive delivery. For example, if a buyer orders Express delivery and this costs $20, whereas standard delivery would have cost $10, then only the $10 shall be refunded.
5. The seller shall make the refund to the buyer without undue delay and no later than 14days after the date it receives the Products back, or (if earlier) 14days after the date which the buyer can provide evidence that it returned the Products.
6. The seller shall make the refund using the same means of payment that the buyer used for the purchase.
7. The seller shall not charge the buyer any refund processing fees.

10.2.2 Faulty Products:

1. If the buyer identifies that the Product is faulty, the buyer must communicate the existence and nature of the fault to the seller via Seller Contact form located on the seller’s profile page as soon as reasonably practicable.
2. Some faults may become apparent after the Product has been used for a period of time. The buyer’s rights to refunds and other remedies depend upon the amount of time the buyer has been in possession of the Products as set out below.
   1. Up to 30days from the date the buyer acquires physical possession of the Product, the buyer is entitled to a full refund if the Product is faulty. This right doesn’t apply to faulty digitally downloadable Products. The seller shall have one opportunity to repair or replace digitally downloadable Products which are of unsatisfactory quality, unfit for purpose or not as described, before the buyer can claim a refund on a digitally downloadable Product.
   2. From 31days to 6-months from the date the buyer acquires physical possession of the Product, the buyer must give the seller one opportunity to repair or replace the Product. If the seller opts to repair or replace the Product, the seller shall have one opportunity to do so. If the Product becomes faulty after a repair or a replacement, the seller shall provide the buyer with a full refund. The seller cannot make any deduction from a refund in the first six months following an unsuccessful attempt at repair or replacement. 
   3. After 6-months from the date the Product was delivered, the onus is on the buyer to prove that the Product is faulty. The seller may require the buyer to obtain some form of manufacturer’s report, other written expert opinion or evidence of similar problems or defects across the Product range. The seller may also make a reasonable deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful.
3. Subject to 10.2.2 b. the seller shall process refunds within 14 days of the day on which the buyer returns the Product to the seller or makes the Product available for collection by the seller’s logistics/delivery service provider if applicable.
4. If a Product is faulty or not as described, the seller will be responsible for the cost of return or collection.

10.3 Non-Cancellable Products:The cancellation right detailed at 10.2.1 does not apply in the case of non-faulty:

1. Products made to the buyer’s specification, clearly personalised, custom-made, or commissioned in any way;
2. Perishable items including (but not limited to) food, drink and fresh flowers;
3. Audio or video recordings, computer software, DVDs or CDs which have a security seal which the buyer (or persons the buyer may have given the Product to) have opened or unsealed;
4. Any digitally downloadable Products such as but not limited to audio or video recordings, computer software as the buyer agrees that immediate performance of the contract shall result in losing the right of cancellation once the download or streaming of the digital content has begun;
5. Newspapers, periodicals, or magazines; and
6. Items which by their nature cannot be returned such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied;
7. Erotic/sex toys where the internal packaging has been opened or the security seal removed or broken;
8. Lingerie, which has been worn, or where the hygiene seal, tags or labels have been damaged or removed;
9. Hosiery, which has been worn or where the seal is broken;
10. Items purchased as part of a set, but which have been returned in individual parts or as an incomplete set;
11. Face coverings due to hygiene reasons (unless still inside sealed packaging).

10.4. Prompt return of Products: The buyer must return the Products to the seller as soon as reasonably practicable unless the seller informs the buyer that the Products shall be collected. In which case the Seller shall collect the Products from the address to which they were delivered and the seller will contact the buyer to arrange a suitable time for collection.

10.5. Excessive handling of Products: If the buyer handles a Product causing wear and tear beyond that necessary to establish the nature, characteristics and functioning of the Product and causes a diminution of the Product value, the buyer may be liable for such diminution and the seller may reduce any applicable refund in proportion to this.

10.6. Partial Refund: If the buyer and the seller do not agree to the amount of the partial refund pursuant to 10.5 the buyer may:

10.6.1. Contact the Tradeit  Support Team resolution; or

10.6.2. Request that the seller returns the Product back to the buyer (in which case the buyer is responsible for the delivery costs of such return).

10.7. If the buyer receives any financial reward or benefit (“incentive”) as a result of the buyer’s purchase on the Tradeit Marketplace, such incentive received shall be deducted from the refund paid to the buyer for the relevant Product which is the subject of the refund.

11. Delivery

11.1. Unless there is an Event Outside the Seller’s Control (as described in sub-clause 19.2). The buyer’s order will be fulfilled by the seller by the estimated delivery date set out in the confirmation email detailed at Clause 4.2 of this Buyer Agreement. If the seller is unable to meet the estimated delivery date because of an Event Outside the Seller’s Control, the seller shall contact the buyer with a revised estimated delivery date.

11.2. Delivery will be completed when the Product is delivered to the address the buyer provided when making the order.

11.3. The Products become the buyer’s responsibility and the buyer becomes the legal owner of the Products upon delivery.

11.3. If the buyer orders what the seller determines is a large and/or heavy Product, the seller’s logistics/delivery service provider may be unable to deliver the Product to the buyer’s desired delivery address. In such an instance, the seller’s logistics/delivery service provider may offer to deliver the Product to the closest possible point to the buyer’s delivery address such as a driveway, garage or garden. Alternatively, the seller’s logistics/delivery partner may attempt another delivery, or the seller may give the buyer a full refund.

11.4. If the buyer receives a refund and thereafter the relevant Product is delivered to the buyer, the buyer shall contact the seller to arrange for a return of that Product. The seller shall bear the costs of such a return.

12. International delivery

12.1. Sellers shall deliver to the countries set out on each seller’s Seller Shop page. However, there are restrictions and higher charges for the delivery of some Products for certain countries. The buyer shall review and agree to such restrictions or additional charges before ordering Products.

12.2. If the buyer orders Products for delivery outside of Zimbabwe, the order may be subject to import duties and taxes which are applied when the delivery reaches its destination country. In all other cases the seller is responsible for payment of any import duties and taxes.

12.3. The buyer must comply with all applicable laws and regulations in the country of delivery. The seller will not be liable or responsible if the buyer breaks any such law or regulation.

13. Price of Products

13.1. The seller shall adopt all reasonable endeavours to ensure that the prices of Products and delivery charges are correct. However, it is possible that, despite the seller’s reasonable efforts, some of the Products it sells on Tradeit may be incorrectly priced.

13.2. Prices for the Products may change from time to time including in any instance when there has been an error in pricing by the seller, but any changes will not affect an order that has been dispatched pursuant to Clause 4.2 of this Buyer Agreement.

13.3. If a pricing error is discovered prior to dispatch, the seller shall contact the buyer as soon as is practicable and the order shall be cancelled and the seller shall process a refund within 2 days.

13.4. The prices of all Products on Tradeit will be displayed in US Dollars (USD).

13.5. The price of a Product includes any relevant value added tax or other sales tax.

14. Payments

14.1. The buyer can pay for Products using any of the payment methods set out at the buyer checkout.

14.2. In its capacity as commercial agent for the seller, Tradeit shall receive the buyer’s payment and “Tradeit” shall feature in the description section of the buyer’s bank statement.

14.3. When Tradeit receives payment from the buyer, the buyer will no longer owe the amount it has paid to the seller.

14.4. After the buyer’s payment is confirmed by Tradeit, the seller is required to dispatch the Product using the shipping method selected by the buyer. The seller shall confirm dispatch of the products pursuant to Clause 4.2 of this Buyer Agreement.

14.5. Any refund the buyer is entitled to pursuant to this Buyer Agreement will be made via the same payment method used by the buyer to make payment.

15. Manufacturers’ Guarantees

15.1. Some of the Products sold via Tradeit come with a manufacturer’s guarantee. In many cases the manufacturer will not be the seller. Where applicable, the manufacturer’s guarantee, or details of how to access it shall be provided with the Product.

15.2. If the buyer is a consumer (i.e., not purchasing for or on behalf of a business), any manufacturer’s guarantee is provided to the buyer in addition to the buyer’s statutory rights in relation to Products that are faulty or not as described, as set out at Clause 10 of this Buyer Agreement.

16. Compensation for Losses

16.1. Compensation for buyers (this Clause does not apply to businesses).

16.1.1. Nothing in this Buyer Agreement shall limit or exclude the seller’s liability for:

1. death or personal injury caused by the seller’s negligence;
2. fraud or fraudulent misrepresentation;
3. any other losses which cannot be excluded by law.

16.1.2. The seller is responsible for losses the buyer may suffer which are caused by any breach of this Buyer Agreement unless (always subject to 16.1.1), the loss is:

1. Unexpected: It was not obvious that it would happen. Nothing the buyer communicated to the seller before the seller accepted the order made it reasonably clear to the seller that such a loss could occur, and therefore the seller could not have expected it i.e., the loss was not reasonably foreseeable;
2. Caused by an Event Outside the Seller’s Control: Pursuant to Clause 19.2 of this Buyer Agreement;
3. Avoidable: Something the buyer could have avoided by taking reasonable action. For example, damage to the buyer’s own digital content or device, which was caused by digital content supplied by the seller and which the buyer could have avoided by the buyer following the seller’s advice or instructions, or advice or instructions provided with the Product. For example to apply a free update, or by correctly following the installation instructions or having the minimum system requirements advised by the seller or included as advice with the Product.

16.2. Compensation for businesses (this Clause does not apply to buyers).

16.2.1. Nothing in this Buyer Agreement shall limit or exclude the seller’s liability for death or personal injury caused by the seller, seller’s negligence, or fraud or fraudulent misrepresentation or any other losses which cannot be excluded by law.

16.2.2. If the seller fails to comply with this Buyer Agreement, the seller is responsible for loss or damage suffered by the buyer that is a foreseeable result of the seller’s breach of this Buyer Agreement or the seller’s negligence. The seller is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the seller’s breach or if it was contemplated by the buyer and the seller at the time this Buyer Agreement was formed. Subject to Clause 16.2.1, the seller has no liability to the buyer for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.2.3. Subject to Clause 16.2.1, the seller’s total liability to the buyer in respect of all other losses arising under or in connection with this Buyer Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price the buyer paid the seller for the Products.

16.2.4. Except as expressly stated in Buyer Agreement, the seller does not give any representation, warranties, or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into this Buyer Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, the seller shall not be responsible for ensuring that the Products are suitable for the buyer’s purposes.

17. Buyer incentives and discounts

17.1. Promotional codes, incentives and offers may be available to use on Products purchased from the Tradeit Marketplace. 

17.2. Other buyer incentives are provided by Tradeit from time to time and are subject to separate terms and conditions.

18. Buyer Care

18.1. The buyer shall refer any feedback, concerns or complaints regarding its order to the seller via Buyer Account Login

18.2. If after two days and any relevant period of seller downtime (referred to on Tradeit as the “Seller Holiday Period”), the buyer fails to receive a response from the seller, or the buyer is dissatisfied with the seller’s proposed resolution, the buyer can contact Tradeit’s Support Team which will review and seek to resolve the issue. If Tradeit’s Support Team is unable to resolve the issue, the issue will be referred to the Dispute Resolution Team to deal with pursuant to the process set out in Clause 18.3.

18.3. The Dispute Resolution Team shall review the full facts of the case including any communications between all parties. The Dispute Resolution Team may make further contacts with the buyer and the seller to clarify the facts.

18.4. Upon conclusion of the Dispute Resolution Team’s investigation, a decision will be made either in favour of the buyer or the seller.

18.5. Tradeit shall communicate its findings in writing to the buyer and the seller and instruct both parties how the matter shall be resolved.

18.6. The buyer and the seller accept that the dispute resolution process described in this Clause 18 is supplied by Tradeit acting as agent for the seller. Notwithstanding this status, Tradeit shall resolve all disputes between the seller and the buyer fairly and impartially.

18.7. Either the buyer, seller or both may disregard the findings of the Dispute Resolution Team and commence legal proceedings against the other. The parties accept that Tradeit is not a party to the contract and agree not to add Tradeit as a party to any claims.

19. Events Outside Seller’s Control

19.1. The seller will not be liable or responsible for any failure to perform, or delay in performance of, any of the seller’s obligations under this Buyer Agreement that is caused by an Event Outside the Seller’s Control. An Event Outside the Seller’s Control is defined below in sub-Clause 19.2.

19.2. An “Event Outside the Seller’s Control” means any act or event beyond the seller’s reasonable control, including, but not limited to, acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

19.3. If an Event Outside the Seller’s Control takes place that affects the performance of the seller’s obligations under Buyer Agreement:

19.3.1. The seller will contact and notify the buyer as soon as reasonably possible; and

19.3.2. The seller’s obligations under this Buyer Agreement will be suspended and the time for performance of the Seller’s obligations will be extended for the duration of the Event Outside the Seller’s Control;

19.3.3. Where the Event Outside the Seller’s Control affects the seller’s delivery of Products to the buyer, the seller will endeavour to arrange a new delivery date with the buyer after the Event Outside the Seller’s Control is over. Alternatively, the buyer can cancel the order pursuant to Clause 10 of this Agreement .

20. Communications

20.1. In this Buyer Agreement “in writing”, includes email and communications through buyer and seller Tradeit accounts.

20.2. Notwithstanding Clause 21.1, the buyer should contact the seller via the “Contact Seller” form located on the Seller’s profile page.

20.3. The buyer can also contact Tradeit’s Support Team.

20.4. Buyers can also contact Tradeit to provide feedback and to raise any questions regarding the Tradeit Marketplace via the Contact us page. However, the quickest way to contact Tradeit and to receive a faster response is by using the method set out in 20.3.

20.5. The provisions of this Clause shall not apply to the service of any proceedings or other documents in any legal action.

21. Other important terms

21.1. No third-party rights. this Buyer Agreement is between the seller and the buyer and, subject to Clause 20.2, no other natural or legal persons shall have any rights to enforce any of its terms, whether under Zimbabwean Consumer Protection Act 2019 or otherwise.

21.2. Notwithstanding Clause 21.1, Tradeit shall be entitled to enforce this Buyer Agreement under the Consumer Protection Act 2019.

21.3. Headings: The headings contained in this Buyer Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of any of the Clauses or sub-Clauses.

21.4. Interpretation: Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms. Wherever a singular expression is used in Buyer Agreement, that expression is considered as including the plural or the body corporate where required by the context.

21.5. Severability: Each of the clauses and sub-clauses of this Buyer Agreement operates separately. If any court or relevant authority decides that any of the clauses or sub-clauses are unlawful or unenforceable, the remaining clauses and sub-clauses will remain in full force and effect.

21.6. No waiver: If either the buyer or the seller (or both) fail to insist that the other performs any of its obligations under this Buyer Agreement, or if either party does not enforce its rights against the other party, or if either party delays in enforcing its rights, that will not constitute a waiver of those rights and will not mean that the party that has failed to fulfil its obligations no longer has to comply with those obligations. Any waiver of obligations must be made in writing, and will not mean, unless such a waiver includes otherwise, that subsequent defaults are waived.

21.7. Governing Law and Jurisdiction

21.7.1. Buyers: this Buyer Agreement will be governed by the Republic of Zimbabwe laws. The High Court of Zimbabwe will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with this Buyer Agreement. In any instance of a buyer that is resident in another jurisdiction, legal proceedings may be brought in the courts of Zimbabwe.

21.7.2. Business buyers: This Buyer Agreement will be governed by Zimbabwean laws. The High Court of Zimbabwe will have exclusive jurisdiction to decide any dispute or claim arising out of or in connection with this Buyer Agreement (including disputes as to the formation of terms of this Buyer Agreement).

Last Modified: 30th March 2023