Last Updated: [27 September 2024]
1. Introduction
Welcome to NamshopMarket. These Terms and Conditions govern your use of our website and the purchase of products from our online store. By accessing or using our website and purchasing our products, you agree to comply with and be bound by the following Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our website. Please read them carefully.
2. General
These terms and condition apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and or contributors of content. By accessing or using our site, you agree to be bound by these terms.
3. Use of the Website
- You must be at least 18 years old to make a purchase from our store. By using this website, you warrant that you meet this age requirement.
- You agree not to use our website for any unlawful or prohibited activities and to comply with all applicable laws and regulations.
4. Products
- We offer fashion wear, clothing, hair products, and perfumes. The images of the products on our website are for illustrative purposes only. We have made every effort to display the colors accurately; however, we cannot guarantee that your device’s display of the colors will be accurate.
- All products are subject to availability. We reserve the right to discontinue any product at any time without notice.
5. Pricing and Payments
- All prices are listed in Namibian dollars [N$] or RAND and are inclusive of applicable taxes unless stated otherwise.
- We reserve the right to change prices at any time without prior notice. However, any price changes will not affect orders that have already been confirmed.
- Payments can be made through our secure payment gateway using credit/debit cards, PayPal, FNB[EFT, Pay2Cell, Ewallet], Bank Windhoek [EFT, Pay2Cell, Easywallet]. Your card will be charged when your order is confirmed.
6. Order Processing and Confirmation
- Once an order is placed, you will receive an order confirmation via email or phone number. This email/ message confirms that we have received your order but does not constitute acceptance of your order.
- We reserve the right to refuse any order at our discretion. If your order is canceled, you will be notified, and any payment made will be refunded.
7. Shipping and Delivery
- We offer various shipping options; please refer to our Shipping Policy for details: Shipping Policy. Delivery times are estimates and not guaranteed.
- We are not responsible for delays caused by third-party carriers or events beyond our control.
8. Returns, Refunds, and Exchanges
- Please review our Returns and Refunds Policy for detailed information on how to return items: Refund and Returns Policy. We accept returns of unworn, unused items in their original condition within [7] calendar day cooling-off period from the date delivery.
- Hair products and perfumes are non-returnable due to hygiene reasons unless they are faulty or damaged.
9. Intellectual Property
- All content on our website, including images, logos, designs, text, and graphics, is owned by Namshopmarket or our content suppliers and is protected by copyright, trademark, and other intellectual property laws.
- You may not use, reproduce, or distribute any content without our written permission.
10. Privacy Policy
- Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information: Privacy Policy.
11. Limitation of Liability
- To the fullest extent permitted by law, Namshopmarket shall not be liable for any damages, whether direct, indirect, incidental, special, or consequential or punitive damages arising from the use of or inability to use the site or products.
- Our maximum liability to you for any loss or damage arising in connection with your order on our website will not exceed the total amount paid by you for the products purchased.
12. Dispute Resolution
- 12.1 Informal Resolution
In the event of any dispute or claim arising out of or relating to your use of our website, the purchase of products, or any other matter governed by these Terms, you agree to first attempt to resolve the dispute informally by contacting us at [admin@namshopmarket.com.na]. We will work with you in good faith to resolve the dispute within 30 days of receiving your notice. - 12.2 Binding Arbitration
If the dispute cannot be resolved informally, the dispute shall be settled through binding arbitration under the Namibia Arbitration Act, 1965. The arbitration will be conducted in Windhoek, Namibia, in English, by a single arbitrator mutually agreed upon by both parties, or, failing agreement, appointed by the Chairperson of the Chartered Institute of Arbitrators, Namibia Branch. The decision of the arbitrator shall be final and binding. - 12.3 Arbitration Costs
Each party shall bear its own legal fees and costs of arbitration unless the arbitrator decides otherwise in accordance with Namibian law. The arbitration fees will be shared equally unless otherwise determined by the arbitrator. - 12.4 No Waiver of Limitation of Liability
This Dispute Resolution clause does not affect or override the Limitation of Liability as set forth in Section 11 of these Terms. Any award granted by the arbitrator will be subject to the limitations set forth therein, including but not limited to the maximum liability being limited to the total amount paid by you for the purchase of products in dispute. - 12.5 Waiver of Court Proceedings and Jury Trial
By agreeing to arbitration, both parties waive their rights to pursue any dispute or claim in court, including the right to a jury trial. The arbitration will be confidential, and neither party may disclose the existence, content, or results of the arbitration without prior written consent from the other party, except as required by law. - 12.6 Class Action Waiver
All claims and disputes must be arbitrated on an individual basis. You waive any right to participate in a class, collective, or representative proceeding against Namshopmarket.
13. Governing Law
- These terms and conditions are governed by and construed in accordance with the laws of Namibia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of Windhoek, Namibia. You irrevocably submit to the exclusive jurisdiction of the courts in that location.
- This Dispute Resolution clause, and any arbitration conducted hereunder, shall be governed by the laws of Namibia, without regard to conflict of law principles.
14. Changes to Terms
- We reserve the right to modify these Terms at any time. Changes will be posted on this page, and your continued use of the website will constitute acceptance of the modified Terms.
15. Contact Us
If you have questions, concerns, or requests related to your personal information or this Privacy Policy, please contact us:
- mail: [admin@namshopmarket.com.na]
- Phone: [+264857752396]
- Website Contact Form: [Contact Us]
- Mailing Address: Currently, our online store operates without a physical storefront in Windhoek, Namibia. For any official correspondence, please use the email address or phone number provided.