Terms & conditions
Welcome to the TM Pick n Pay Online Shop hosted at www.tmpnponline.co.zw (‘the Website’). This Website, and its related sites, services, and tools, is provided and owned by TM Supermarkets (Private) Limited (hereinafter ‘TM Pick n Pay’).
These terms and conditions (“T&Cs) govern your use of this Website. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE T&CS AND AGREE TO BE BOUND BY THEM. Please read them carefully as they affect your rights and liabilities under the laws of Zimbabwe. If you do not agree to the T&Cs, please do not use the Website.
1. General Terms
Who owns the Website?
The Website is owned and operated by TM Supermarkets (Private) Limited (“TM Pick n Pay”), a private limited company registered in Zimbabwe whose registered office is at 194 Mutare Road, Msasa, Harare, Zimbabwe. All rights and/or defences afforded to us in the T&Cs shall stand to the benefit of TM Pick n Pay, its subsidiaries, affiliates, shareholders, associates, and employees.
Terms and conditions apply
These T&Cs apply to your use of this Website. By using this Website, you acknowledge that you have read and understood these T&Cs and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our Website if you do not agree to be bound by these T&Cs.
Online purchases from our Website are subject to these T&Cs.
Amended or updated terms
TM Pick n Pay may periodically update or change these T&Cs, without notice. You should check them from time to time as the continued use of our services will mean you accept any updated or revised T&Cs.
Law and arbitration
This agreement is governed by the laws of Zimbabwe. Any dispute arising in relation to our agreement with you shall be referred to arbitration before an arbitrator appointed by the Chairperson of the Commercial Arbitration Centre in Harare.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
2. Services
Our services
Customers are welcome to browse or use the Website for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent from TM Pick n Pay. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of any of our Website, or apps, the uploading of any unlawful, immoral or damaging information or viral software or the creation of any links to our Websites or apps is strictly prohibited.
You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our services and/or the contents of our Website or apps contrary to these T&Cs.
TM Pick n Pay reserves the right to suspend the Website’s services or any part thereof for any reason whatsoever. Further to the same TM Pick n Pay reserves the right to suspend or terminate your account at any time if we, in our sole discretion, determine that you are not abiding to the T&Cs, or are involved in any criminal activity or if we believe the information provided by you is untrue, inaccurate or incomplete. Unless otherwise specified, the TM Pick n Pay Online Shop is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.
Other than connecting to our and our provider’s servers using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Excluded services
The services provided by TM Pick n Pay Online Shop do not include the provision of a computer or other necessary equipment to access TM Pick n Pay Online Shop. To use TM Pick n Pay Online Shop you will require internet connectivity and appropriate telecommunication links. TM Pick n Pay shall not be liable for any telephone or other costs that you may incur.
Trading hours
The Website is available on a 24 hour basis, however for any assistance required please contact our Customer Service team at the details provided on the help tab of the website.
Registration
Registration on our online shopping site is conditional on provision of required information, which may include personal details, payment method details and your delivery address. Registration and/or use of our Website constitute your acceptance and agreement to be bound by the T&Cs including those terms and conditions specific to online shopping.
Customers are responsible for maintaining their confidentiality of their accounts and passwords and for restricting access to their account, and agree to accept responsibility for all activities that occur under their account or password.
TM Pick n Pay reserves the right to refuse service, terminate a Website account, terminate your rights to use TM Pick n Pay Online Shop, remove or edit content, or cancel orders in its sole discretion. TM Pick n Pay reserves the right to suspend your account where fraudulent activities are suspected and will report such activities to law enforcement agencies.
To register on the Website you must be eighteen (18) years of age or older on the date of registration. You must certify that the information provided by you on registration or at any time thereafter is correct and complete.
Upon registration, you agree:
TM Pick n Pay will not be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password to a third party other than yourself. You may not use another person’s account at any time.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete.
Passwords and Security
When you register to use our Website, you will be asked to create a unique username and password. You must keep their password confidential and must not disclose it or share it with anyone. Should you choose to do so, you are doing it at your own risk.
You shall be responsible for all activities and orders that occur or are submitted under your username and password. Should you suspect that there has been a breach on your account and someone else knows your password/or has logged in with their details, you should notify TM Pick n Pay immediately by contacting the customer service team though the links provided on the Website.
If TM Pick n Pay has reason to believe that there is likely to be, or has been, a breach of security or misuse of our website, TM Pick n Pay will notify you to change your password with immediate effect.
TM Pick n Pay reserves the right without prejudice to suspend customer accounts without prior notification.
Privacy and Personal Information
Customer privacy matters to us and TM Pick n Pay is committed to the protection of all Customer personal information. If Customers wish to know more about when and how we collect, use, share and store your personal information, they are welcome to read our privacy policy. You can contact us for this policy.
Electronic Communications
When you use the TM Pick n Pay Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, Customers will be communicating with us electronically. As such you will be consenting to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other services, such as our message centre.
Intellectual Property Rights
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the TM Pick n Pay Online Shop, including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these T&Cs, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
Reviews, Comments, Communications, and other Content
TM Pick n Pay values your comments, reviews, ideas, suggestions, and feedback. By sending us your comments, posting content or submitting material you consent that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation due to you and you grant us a non-exclusive license to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TM Pick n Pay and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these T&Cs and will not cause injury to any person or entity; and that you will indemnify TM Pick n Pay for all claims resulting from content you supply. We do not undertake to respond to or maintain your comments.
TM Pick n Pay does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of TM Pick n Pay or its third party service providers. You agree that TM Pick n Pay and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates these T&Cs.
You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.
Marketing
TM Pick n Pay may, from time to time, send out various newsletters and other marketing material. You are free to opt out of our marketing at any stage. All profile or customer updates will be attended to within seven days.
Advertising and Hyperlinks
External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
Returns and Refunds
If you are for any reason dissatisfied with an item purchased from our Website you may return it to TM Pick n Pay store where you were invoiced for a full refund, replacement or exchange.
TM Pick n Pay will scrutinise all returns requested to ensure that the transactions were above board and not fraudulent.
Minimum Order Restrictions
TM Pick n Pay reserves the right to introduce a minimum spend requirement in order to be eligible for delivery with ample notice for the Customer to be able to factor in that cost. Excluded products and supplementary charges, such as delivery, shall not count towards a minimum spending requirement.
Accuracy of Content
All reasonable steps are taken to ensure that the information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Product Descriptions
TM Pick n Pay Online Shop attempts to be as accurate as possible however, does not warrant that product descriptions are reliable or error-free.
If a product offered by TM Pick n Pay is materially different to that as described, your sole remedy is to return it in unused condition. Packaging and colour may vary from that shown on our Website.
Product Availability, Pricing, Collection and Delivery
All prices are quoted in United States Dollar (USD$) and all transactions will be charged in USD$. All prices are inclusive of value added tax (VAT) where applicable.
You will be charged the prices as they are reflected on the products in store at the point of sale, subject to availability. Certain of the products are variable/random mass items. Whilst the average mass of the product is indicated on the Website as a guide to the cost, the actual product delivered to you may weigh slightly more or less than the average mass indicated. You will be charged the actual amount due in respect of the specific product delivered to you. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
All products displayed are subject to availability. TM Pick n Pay cannot guarantee availability of stock but will make every effort to source the product to fulfil all customers’ orders. Where items cannot be delivered, TM Pick n Pay will make every effort to contact you based on the information provided at registration, and offer options to amend the order with substitutes or cancel the order, where applicable.
All orders can be collected from the various TM Pick n Pay stores indicated on your order on presentation of a valid identification document and order number. If your chosen store has the items in stock you can collect the order within 7 days. If stock is not available in your chosen store, TM Pick n Pay will make every effort to source the product to fulfill your order and will communicate with you.
Confirmation of orders
Orders placed online constitute your offer to purchase subject to these T&Cs. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Risk and ownership
Risk in the products shall pass to you or your authorized representative on collection or delivery. We will retain ownership in the products until payment has been received in full.
Other Businesses
TM Pick n Pay Online Shop may provide links to the sites of affiliated companies and certain other businesses. TM Pick n Pay are not responsible for examining or evaluating, and not warrant, the offerings of any of these businesses or individuals (including the content of their websites). TM Pick n Pay does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
TM Pick n Pay Online Shop and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the TM Pick n Pay Online Shop are provided by TM Pick n Pay on an “as is” and “as available” basis, unless otherwise specified in writing.
TM Pick n Pay makes no representations or warranties of any kind, express or implied, as to the operation of TM Pick n Pay Website, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Website, unless otherwise specified in writing. Use of our services is entirely at your own risk.
We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by us will be uninterrupted or error free, or that the services or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our services or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our services and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach of these terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via the Website.
Site Policies, Modification, and Severability Please review our other policies posted on this Website as your use of the Website constitutes agreement to their terms and conditions as well.. We reserve the right to make changes to our Website, policies, service terms, and these T&Cs at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
