TERMS AND CONDITIONS OF USE AND SALE FOR THE KOMBECOLLECTION.COM WEBSTE

 General Terms

Before using the KOMBECOLLECTION.com website, please review all of the terms included below, together with the Privacy Policy, to govern any purchases that you make or attempt to make. 

If you do not agree to these terms please exit and do not use the Website.

Kombe Collection Clothing may update the Terms and Conditions, and Privacy Policy at any time without prior notice. You can view the most current version of the Terms and Conditions and our Privacy Policy at the bottom of our website under TERMS AND CONDITIONS and PRIVACY POLICY.  By continuing to use the Website after any update you accept and agree to be bound by, and consent to, the current terms including any changes.

Our website is operated by Kombe Collection Clothing at our Lusaka office in Zambia.

 TERMS AND CONDITIONS FOR THE USE OF THE KOMBE COLLECTION WEBSITE

General

All use of the kombecollection.com website is subject to these terms.  By using our website you agree to comply with, and be bound by our terms and conditions.

Data Security and Privacy

  • Privacy PolicyOur Privacy Policy governs the use of any personal information that you provide to our website or is otherwise collected through your use of the Website.
  • Not intended for minors– Our website is not intended for those under 18.  By using the website you agree you are 18 years of age or older. Furthermore, we do not knowingly collect or solicit personal information from those under 18 (including those under the age of 13) or knowingly allow such persons to register for an online account or to post personal information on our websites.
  • Records– Refer to our Privacy Policy – Retention clause. 

Intellectual Property

  • Ownership – The website and material on our website (including all intellectual property of any nature, whether registered or unregistered, including drawings, designs, illustrations, photographs, videos, written text, logos, trademarks) are the exclusive property of Kombe Collection and its affiliates and subsidiaries. You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any material contained on our website. The “Kombe Collection” trade mark and all other related marks and logos, whether registered or not registered, displayed on our website, as well as the domain name “kombecollection.com,” are and will remain the exclusive property of Kombe Collection. Any reproduction, distribution, transmission, modification, or use of any Kombe Collection trademark for any purpose is prohibited.
  • Proprietary markings – You may not remove any copyright, trademark or other proprietary notice contained on our website or any content contained therein.
  • Feedback – You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to Kombe Collection through this Website or by other means are neither confidential nor proprietary to you and may be used by Kombe Collection without restriction or compensation.  By making a Submission to Kombe Collection, you grant to Kombe Collection under all right, title and interest, including copyrights, in the Submission  a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submissions. Kombe Collection has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that Kombe Collection has the right (but not the obligation) to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

 Linking

  • Links to third party sites – The kombecollection.com website may contain links to third party websites not under the operation or control of Kombe Collection.  All such links are provided as a convenience only and are not, and should not be interpreted as, an express or implied endorsement of such third party websites or any products or services that may be offered thereon. Kombe Collection shall have no liability or responsibility for the content, availability, or otherwise in connection with such third party websites.  Any questions or concerns about third party websites should be directed to the owners or operators of such websites.  Please review the terms and conditions that may be imposed by such websites, as they may be different from these Use Terms. 

Use Restrictions

  • No scraping – You may not use any automatic device, program, or methodology (including, without limitation, “page-scrape,” “robot,” or “spider”), or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.  Kombe Collection reserves the right to bar any such activity.
  • No circumvention – You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website by hacking, password “mining” or any other illegitimate means. In addition, you may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Kombe Collection, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  • No interference – You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • No unlawful use – You may not use the Website for any purpose that is unlawful or prohibited by these Use Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kombe Collection or others.

TERMS AND CONDITIONS OF SALE FOR THE KOMBECOLLECTION.COM WEBSITE

The purchase or attempted purchase by you of any products offered on kombecollection.com website is subject to these Sale Terms. For each order on kombecollection.com website, your acceptance of the Sale Terms in force at the date of the order will be required.

 Purchase – general terms

  • Not for resale – Orders may only be placed on the kombecollection.com website for personal use and not for resale.  Any resale or distribution of Kombe Collection products purchased on kombecollection.com website is strictly prohibited.
  • Right to cancel– Kombe Collection reserves the right to cancel any order placed by a customer in its sole discretion and without liability, including, without limitation, an order from a customer with whom it has a dispute concerning a prior order or if Kombe Collection has reasonable cause to suspect that such customer has violated these Sale Terms, is engaged in any fraudulent activity, or for any other reason.
  • Quantity restrictions – To ensure the best quality service and product availability, you may not order on the kombecollection.com website more than 6 items of the same type within a period of thirty (30) calendar days.  Additional restrictions may apply to certain products or classes of products.  If you attempt to order more products than are permitted, customer service will contact you.
  • Availability– All offers of products as they are displayed on the kombecollection.com website are subject to availability.  Kombe Collection reserves the right to change the items proposed on the kombecollection.com website at any time and without notice.  We attempt to provide information about the availability of products at the time of the ordering, but at times errors may exist, including when simultaneous orders of the same product are being placed by several customers. If a product is not available without a material delay after your place your order, you will be informed by email or by phone, and you will be allowed to wait until the product is available, or to cancel your order.  If you choose to cancel your order, any amounts already charged will be refunded.  Kombe Collection shall not be liable if products are not in stock or otherwise not available.
  • Age – You must be 18 years or older in order to make a purchase on the kombecollection.com website, and by making a purchase you represent that you are at least 18 years old.  We do not sell products or services for purchase by children, the website is not directed at, nor do we knowingly collect personally identifiable information from children, including those under the age of 13.
  • Account – The Website may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.  You agree to notify Kombe Collection immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Kombe Collection or any other user of or visitor to the Website due to someone else using your account as a result of your failing to keep your account information secure and confidential.  Access to your account may be terminated or suspended in our sole discretion.  

Purchase – Confirmation

  • Pre-order summary – For each product selected on the kombecollection.com website, a summary page will be displayed and may feature a photograph of the item, its specifications, the unit price, the quantity ordered, and the total amount owed for your order. Before placing your our order by clicking on the ‘PLACE ORDER” button, please confirm that this information accurately reflects your selection.  Once you have confirmed your order it will be submitted for processing.
  • Visual accuracy – While we take steps to try to ensure that the coloring, design, and style of the Kombe Collection products in the photographs or other representations displayed on the kombecollection.com website are representative of the original products, variations may occur due to technical restrictions of color reproduction on your computer equipment and/or minor updates during production.  Accordingly, Kombe Collection shall not be liable for any error or inaccuracy in the photographs or other representations of Kombe Collection products displayed on the kombecollection.com website. If you have any questions about the products, please contact customer service.
  • Submitted Orders– Once your order is submitted for processing it may not be amended or cancelled except pursuant to the conditions provided for herein or pursuant to applicable law.  Placing an order confirms your acceptance of the Sale Terms.  Once an order is placed you will receive an order summary via email. 

Purchase – Pricing & Payment

  • Listed Price – The pricing for all Kombe Collection products on the kombecollection.com website are in United States dollars and include shipping costs (see “Shipping and Handling”). Kombe Collection reserves the right to modify the prices of products offered on the kombecollection.com website at any time without prior notice. You will be charged the prices displayed on the kombecollection.com website at the time your order was confirmed provided the goods ordered were available at this time, however, Kombe Collection reserves the right not to accept or to cancel your order in our sole discretion for any reason without liability, including if the products are not available, are incorrectly priced or are otherwise incorrectly described.
  • Payment Methods– You are required to pay for any order placed on the kombecollection.com website immediately upon confirmation of your order.  Your order will only be processed for shipment once we have verified your payment method and received authorization to process your payment.  We only accept payment by charge card or credit card. All orders are payable in US dollars. We accept the following charge cards and credit cards: MasterCard, Visa, and American Express.
  • Title – All products ordered through the kombecollection.com website remain the property of Kombe Collection until full payment is tendered to Kombe Collection.  In the event of a payment dispute, you are required to return the products that are the subject of dispute to Kombe Collection immediately upon request, and to assume the risks (in particular the risks of loss, theft, and damage) relating to such products.

Shipping and Delivery

  • Signature Required – A signature of an adult aged 18 years or older may be required for delivery.  Customer assumes all responsibility once a signature is obtained at the delivery address.
  • Shipping costs– Shipping costs are added to the total cost of your purchase as displayed on the Website. Kombe Collection reserves the right to assign the shipping service provider amongst those listed (see Shipping and Handling), to deliver your purchase. You will therefore not be asked to select a shipping method. Shipping cost is payable by you in addition to the price, including taxes, of the goods ordered all of which are accounted for in the price displayed on the Website. 
  • Delivery Timing – During the ordering procedure, we will inform you of the time required for delivery and the various forms of delivery available for the goods purchased. Some products may be subject to delivery delays.  If your order, or a part of your order, is not able to ship without material delay, customer service will contact you to provide more detail and an estimated shipping date.
  • Delivery problems – Any delivery failure or late delivery that exceeds ten (10) business days should be reported to our customer service as soon as possible.  In order for your claim of delivery failure or late delivery to be accepted, you must notify us within thirty (30) calendar days from the date of confirmation of your order.

You must check that your shipment is correct on delivery.  If there are any discrepancies in your order, for example damaged or missing goods, when you receive your order, you should note the nature of the problem by hand, if possible, on the delivery notice, and sign.  You must contact us as soon as possible but no later than ten (10) calendar days after receiving the delivery.

 Returns & Exchanges – See Return & Exchange Policy

  • Returns and exchanges of purchased items – You may return any full-priced product ordered on the kombecollection.com website for exchange or refund within thirty (30) calendar days from the delivery date. Returned products must be in their original condition, unused, unwashed, unaltered, and in the same condition in which it was received with all tags attached, and in the original packaging (including, if possible, the original delivery box).  The original invoice must be provided with any return.  Kombe Collection will determine in its sole discretion whether the products are in original condition when returned.  If Kombe Collection determines that the products are not in original condition they will be returned to you.  Please allow up to ten (10) days for the processing of your return. Amount refunded on a returned product will not include the shipping cost. This cost is non refundable.

Restrictions

  • Personalized or altered products – A product ordered on the kombecollection.com website that has been personalized, or a product that has been altered or tailored in any way, or washed or cleaned, cannot be returned for refund.
  • Sale and other non-refundable Products – All underwear products and products sold as part of a sale are final and not returnable. Please note that we are unable to guarantee availability of stock until time of shipment. You may request a price adjustment if a purchased product is marked down within seven (7) calendar days of the delivery of your order. Kombe Collection reserves the right to designate other products as non-returnable.  Any such designation will be noted on the product detail page.
  • Retail locations – Products purchased in a Kombe Collection retail location may not be returned to the kombecollection.com website.  Products purchased on the website may not be returned to any retail location. 
  • Returns and shipping costs – If you return products for refund, the shipping costs for the first delivery will not be refunded. The original shipping costs will be refunded only if the products are returned because they were not as ordered or were damaged.
  • Additional terms for cosmetics and fragrance products – In addition to the conditions described above, for cosmetic and fragrance products to be returned they must not be opened (must be in original packaging with transparent film intact).  If the transparent film has been opened or removed the item will not be accepted for return.  In the event a cosmetic or fragrance product is defective or damaged during delivery, you must contact customer service for additional instructions prior to an attempted return. All in-store returns require the original invoice. Shipping costs will not be refunded or included in the value of an exchange for in-store returns.
  • Refund – All refunds shall be made to the original form of payment. .

 ADDITIONAL TERMS

For the avoidance of doubt, the following additional terms (“Additional Terms”) apply to your use of the kombecollection.com website and any purchase or attempted purchase you make.

Termination of access

  • Termination – You agree that Kombe Collection may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated any of our terms, including Sales Terms and the Privacy Policy. You also agree that any violation by you of any of our terms, will constitute an unlawful and unfair business practice, and will cause irreparable harm to Kombe Collection, for which monetary damages would be inadequate, and you consent to Kombe Collection obtaining any injunctive or equitable relief that Kombe Collection deems necessary or appropriate in such circumstances without the posting of any bond. These remedies are in addition to any other remedies Kombe Collection may have at law or in equity.
  • Recovery of costs. – If Kombe Collection does take any legal action against you as a result of your violation of these Use Terms, Kombe Collection will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kombe Collection. You agree that Kombe Collection will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of our terms, including the Use and Sale Terms, and the Privacy Policy.

Without limiting the generality of the foregoing, Kombe Collection does not represent, warrant, or guarantee that:

  1. The Website is free from viruses, worms, Trojan horses or other destructive material or malicious code.
  2. The information contained on the Website is accurate, complete or up to date; or
  3. The kombecollection.com website is free of defects or that any inaccuracies or defects will be corrected.

By using the Website, you agree that your use of the Website is at your sole risk, that you assume full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this site, and that Kombe Collection shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of the Website.  Your sole remedy against Kombe Collection for dissatisfaction with the Website is to stop using the Website.

Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply to you.

Limitation of Liabilities; Indemnity.

Kombe Collection shall not be liable to you or any third party for any DAMAGES OF ANY KIND, INCLUDING, WITHOUT limitation, actual, direct, indirect, incidental, special, punitive, exemplary or consequential damages, whether arising under contract, tort, or any other theory, including, without limitation, loss of profits or other intangible losses, arising out of or in connection with your use or inability to use, performance of, or information provided through the kombecollection.com website, even if Kombe Collection has been advised of the possibility of such damages.  Without limiting the foregoing, Kombe Collection shall have no liability for any delay or failure to deliver products or otherwise perform any obligation as specified hereunder if the same is wholly or partly caused by circumstances beyond our reasonable control.

If, notwithstanding the other provisions of these Use Terms, Kombe Collection is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website, Kombe Collection’s liability shall in no event exceed US$100.00. 

Certain state laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

 Miscellaneous

  • Severability – If any provision of the Use Terms, Sale Terms, or Privacy Policy is determined to be invalid, illegal or unenforceable, the remaining provisions of shall remain in full force to the extent permitted by law.
  • Waiver – No failure, forbearance, neglect or delay of any kind or to any extent on the part of Kombe Collection in connection with the enforcement or exercise of any rights under the Use Terms, the Sale Term shall affect or diminish Kombe Collection’s ability to enforce such rights or any other rights under the Use Terms, the Sale Terms.