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These terms and conditions govern your use of the www.TulandeOnline.com website. You agree to be bound by these terms and conditions by using this website and/or placing an order. Whether you register with us or place an order, your use of this website implies that you agree to these terms. Do not use this website if you do not agree to these terms.

Introduction

1.1. You will be able to view the majority of this Website without having to register with us. You may only access some parts of this Website if you register.

1.2. By updating this posting, we reserve the right to change these terms and conditions at any moment. Because these terms and conditions are binding on you, you should visit this Website from time to time to review them. Some of these terms and conditions may be replaced by clearly specified legal notices or terms on specific pages of this Website. You should not continue to use this Website if you do not agree to any revised terms and conditions after we have provided notice.

1.3. Tulande Online (the “Platform, Site”) is an intermediary platform that links and facilitates product and/or service sales and purchases between suppliers (or “Sellers”) and customers (or “Buyers”) (or “Buyers”). The Platform is designed to facilitate business-to-consumer and business-to-business interactions.

1.4. If you use any Tulande Online service, you are responsible for keeping your account and password confidential and restricting access to your computer and devices, and you agree to accept responsibility for all activities that occur under your account or password to the extent permitted by applicable law. You should take all reasonable precautions to keep your password private and secure, and you should notify us immediately if you have reason to suspect that your password has been known to anyone else, or if your password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you supply us is accurate and full, as well as notifying us of any changes to that information. In the My Profile section of the website, you may view and edit much of the information you’ve given us, including your account preferences.

1.5. You may not use any Tulande Online service in any way that causes or is likely to cause disruption, damage, or impairment to any Tulande Online services or any access to them. Additionally, you may not use the services for fraudulent purposes, in connection with a criminal offense or other unlawful activity, or to cause annoyance, inconvenience, or anxiety.

1.6. If you violate any applicable laws, these Conditions of Use, or any other relevant terms and conditions, guidelines, or policies, we retain the right to deny service, cancel accounts, or delete or modify material.

1.7. Tulande Online would like to make it clear that all information shared on the website will be shared with the retailers; however, the customers’ banking details will not be shared with anyone, entity, or retailers.

1.8. When referenced as “We,” this includes Tulande Online and/or the retailer or both.

Transactions Between Buyers and Sellers

2.1. Tulande Online provides electronic web-based platforms for exchanging information between product and service buyers and sellers through the Sites. Tulande Online also offers electronic web-based transaction platforms for Members to place, accept, close, manage, and fulfill orders for the provision of items and services online, subject to the conditions of the terms and conditions. Tulande Online, on the other hand, does not represent either the seller or the buyer in individual transactions for any Services. Tulande Online has no control over, and is not accountable or responsible for the quality, safety, legality, or availability of the items or services offered for sale on the site or the sellers’ or buyers’ ability to complete a sale or purchase.

2.2. Users should be warned that interacting with persons acting under false pretenses might be dangerous. Tulande Online employs a number of methods to verify the correctness of some information provided by our paying Users when they join for a paid membership service on the Sites. Due to the difficulty of verifying a user’s identification over the Internet, Tulande Online cannot and does not validate each User’s claimed identity (including, without limitation, paying Members). We urge you to assess who you are dealing with using a variety of methods, as well as common sense.

2.3. The risks of conducting any purchase and sale transactions in conjunction with or via the Sites or Services are assumed by buyers and sellers who use or use the Sites or Services. All risks of responsibility or injury of any kind arising out of or in connection with any future activity connected to the items or services that are the subject of the transactions on the Sites are completely assumed by buyers and sellers accessing or using the Sites or Services. Misrepresentation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, and the risk that the manufacturer will fail to meet its obligations are all examples of such risks and the risk that Users will incur defense or other costs in connection with the assertion of Third Party Rights by third parties, or in connection with any claims by any party that they are entitled to defense or indemnification in connection with the assertion of rights, demands, or claims by claimants of Third Party Rights by third parties. Consumers, other purchasers, end-users of products, or other third parties may allege that they have incurred injuries or harm as a result of using items purchased via the Sites or Services, for example. “Transaction Risks” refers to all of the aforementioned dangers. Tulande Online is not accountable or responsible for any damages, claims, liabilities, expenses, injuries, inconveniences, business interruptions, or expenditures of any sort resulting from or in connection with any Transaction Risks.

2.4. Buyers and sellers on the Sites are solely responsible for establishing and carrying out the terms and conditions of transactions conducted on, through, or as a result of using the Sites or Services, including, without limitation, payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, and storage.

2.5. User undertakes to supply Tulande Online with all information and materials that Tulande Online may reasonably request in connection with transactions done on, via, or as a result of use of the Sites or Services. Tulande Online reserves the right to suspend or terminate any User’s account if the User fails to submit the required information and materials, and will not be liable for any losses or damages resulting from or related to such suspension or termination.

Return, Refund, and Shipping

As we will be working with various retailers, each company will have its own return policy. Therefore, the return policy will be facilitated from the retailers but through Tulande Online website, and as for shipping, all retailers will be in partnership with various logistic companies, and this partnership will be facilitated by Tulande Online.

Ordering from our retailers on Tulande Online

4.1. By using our online checkout procedure, you are assumed to have placed an order with us. You will have the chance to review your order and fix any problems during the checkout process. We’ll send you an order confirmation with a list of the items you’ve ordered.

4.2. When we dispatch an order, we are deemed to have accepted it. Unless we have told you that we do not accept your order or you have cancelled your order, the purchase contract will be created when we deliver the product, even if your money has been processed immediately.

4.3. We may refuse to accept an order:

a)    Where goods are not available;

b)    Where we cannot obtain authorization for your payment;

c)    If there has been a pricing or product description error;

d)    If you do not meet any eligibility criteria set out in our terms and conditions.

Pricing

5.1. All prices include current rates of VAT (where applicable). We reserve the right to express prices without VAT; however, we will separately display VAT and include it in the final price.

5.2. Where we charge separately for packaging, transport, and insurance, as well as other applicable costs, the appropriate rates are indicated elsewhere on this Website in our defined pricing structure.

5.3. Our prices are reviewed on a monthly basis; the next review will be on the 1st of the month.

Service Access

6.1. While we strive to make this Website available 24 hours a day, we will not be liable if this Website is unavailable at any time or for any period for any reason.

6.2. In the event of a system breakdown, maintenance, or repair, or for circumstances beyond our control, access to this Website may be temporarily and without warning suspended.

Registration

7.1. You must be over the age of eighteen to register with Tulande Online.

7.2. Each registration is limited to one user. We do not allow you to share your user name and password with anybody else.

7.3. You are responsible for the security of any passwords you are given, and you should notify us immediately if you know or think that someone else knows your password.

7.4. We reserve the right to suspend or cancel your registration at any time, in our sole discretion, or if you fail to comply with any of these terms and conditions.

Disclaimer

8.1. While we make every effort to ensure the accuracy and completeness of the information on this Website, we cannot guarantee its accuracy or completeness. We reserve the right to make changes to the content of this Website, as well as the items and prices listed within, at any time and without notice. This Website’s content may be out of date, and we make no guarantee to keep it up to date.

8.2. This Website’s content is given “as is,” with no warranties, conditions, or other terms of any sort. As a result, we offer you this Website on the premise that we exclude all representations, warranties, conditions, and other agreements (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose, and the use of reasonable care and skill).

Liability

9.1. We, any other party (whether or not involved in creating, producing, maintaining, or delivering this Website), and any of our group companies and the officers, directors, employees, or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract, or otherwise) in connection with this Website in any way or in connection with the use, inability to use, or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

9.2. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees, and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Force Majeure

Tulande Online will not be liable for or obliged to provide any compensation for any damage resulting from the unavailability, inconvenience, or failures of the services or systems for the following reasons: (i) system failure and inability to perform functions due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, war, political unrest, labor strikes, and labor shortages; (ii) system failure and inability to perform functions) due to force majeure events such as typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, war, political unrest, or materials, riots, insurgencies, civil disturbances, terrorist attacks, explosions, acts of God, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or system failure due to factors beyond Tulande Online’s reasonable control, such as hacker or cyber-attacks, technical adjustments, or failure of the telecommunications network, regional spread of epidemic or pandemic.

Governing Law and Jurisdiction

11.1. These terms and conditions will be governed by International Trade Law and construed accordingly. Disputes arising out of or in connection with these terms and conditions will be resolved exclusively by the World Trade Organisation Adjudicative processes.

11.2. We make no representations or warranties that the materials/items for sale on the Website are suitable or available for use beyond Namibia and other member states in the World Trade Organisation. Accessing the Website from regions where its contents are illegal or unlawful is forbidden. You use this Website at your own risk and are responsible for complying with local laws if you visit it from outside Namibia.

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