In these terms and conditions, the terms 'you' and 'your' refer to you personally (if you are an individual) or the entity you represent (if you registered on behalf of a business entity), and the terms, 'we', 'our', and our trading name 'DHL Africa eShop' refer to MallforAfrica, an entity that is wholly owned by Mall For The World, and which is using the DHL name and brand as part of a license arrangement entered to with our primary shipping and transportation supplier, DHL.
You agree that clicking the 'I Accept' button prior to registering for a DHL Africa eShop account is valid and equivalent to (i) signing a hard-copy printed agreement between you and DHL Africa eShop; and (ii) signing a hard-copy printed authorization appointing MFA or a third party nominated by MFA to act on your behalf as as your true and lawful exporting agent (the "eShopAgent‘). You may decline the terms and conditions, but if you do so, you will not be able to open an account or use the DHL Africa eShop services.
To register to use our DHL Africa eShop services, you need to provide DHL Africa eShop a current, valid e-mail address, your street address, contact phone numbers, and in some cases a valid government issued identification. You certify that the information you provide is accurate and that you will update it promptly if any of it changes. We reserve the right to cancel any unconfirmed account or an account that has been inactive for a lengthy period of time, or if we find you have submitted inaccurate information, or if we determine that your account may be compromised or used for fraudulent purposes. You may not open more than one DHL Africa eShop account.
You may not transfer your DHL Africa eShop account or your account login/password to any other person and you are responsible for any use of your DHL Africa eShop account.
You may only create a DHL Africa eShop account and use DHL Africa eShop services in a country listed in the pull-down menu on the DHL Africa eShop website.
You agree to keep yourDHL Africa eShop password confidential, to safeguard it and your computer(s) and mobile device(s) from access by others, and to log out of the website when your session is complete. You are responsible for any use of the DHL Africa eShop website and of your DHL Africa eShop account made under your login and password. If you become aware of or suspect any unauthorised use of your DHL Africa eShop account, or any known or suspected security breach such as disclosure or loss of your password or theft of your DHL Africa eShop account information, you should notify MFA promptly by using the following link : https://www.mallforafrica.com/contact-us. We will block or deactivate your account, and, depending on the circumstances of the security breach, we may allow you to open a new account.
You may not use the DHL Africa eShop website or DHL Africa eShop services for any unlawful purpose. We reserve the right to terminate or restrict your access to your DHL Africa eShop account and your use of the eShop services if, in our opinion, your use may violate any laws, infringe upon another person's rights, or breach the terms of this Agreement.
If you use our Shipping Cost Calculator to determine the combined costs of duty, taxes and international shipping, the resulting cost is an estimate only. The actual cost may vary from the estimate due to several factors, including but not limited to: fuel surcharges; government levies and surcharges; changes in currency exchange rates; differences between the expected and actual package weights; discrepancies between the estimated and actual product classification or value; the use of volumetric weight calculations for bulky, lightweight packages; and/or additional local delivery charges if your delivery address is in a remote geographic area. Special note: Some destination countries may assess government mandated clearance fees in addition to duty and tax. Notwithstanding this, MFA will ensure these fees are included in the Shipping Cost Calculator estimate and that the full cost is included in such calculator. Nevertheless, some charges may still be assessed at shipment release.
We make reasonable attempts to exclude viruses, worms, and other malicious content from these web pages, but we cannot and do not guarantee the complete absence of such. Please take appropriate safeguards before downloading information from the DHL Africa eShop website.
Our DHL Africa eShop websites, user interfaces, the 'look and feel,' the content, the Shipping Cost Calculator, and all associated and underlying software, know-how, methodologies and processes are and will remain the sole property of DHL Africa eShop, MFA or the licensor of such rights, third-party suppliers and associated companies, and are protected by patent, copyright, trademark, trade secret and other intellectual property laws. The use of the software, the data generated by the software, and all other materials made available on this website are licensed to you DHL Africa eShop on a nonexclusive and limited basis.
'DHL Africa eShop', ‘MallforAfrica’, ‘MallfortheWorld’ and 'DHL' are trademarks, with registrations granted in numerous countries. Use of this website does not grant you a license to use the DHL Africa eShop ‘MallforAfrica’, ‘MallfortheWorld’ or the DHL trademark. Our license to use these trademarks is limited, and these trademarks may not be copied, downloaded, reproduced, used, modified or distributed in any way (except as part of a copy of any of these web pages or screens as authorised above) without our written permission. All trademarks or trade names displayed or referred to on our website are the property of their respective owners.
We are not responsible for the content or accuracy of information obtained from any third party (non-DHL Africa eShop) website, including merchants retailing items on the DHL Africa eShop website, which may be linked to the DHL Africa eShop website, or which you may access from this website.
Your use of the website is at your own risk, and you acknowledge that the website services are provided on an 'as is' and 'as available' basis. While we endeavour to provide accurate and current information via our website, we disclaim all warranties, express and implied, including but not limited to warranties of merchantability, fitness for a specific purpose, and non-infringement, to the full extent permissible by applicable law. The website is not warranted to be uninterrupted or error-free. We are not liable for any inability to access, delay in accessing, or interruptions in access to your account or conducting transactions due to unavailable or unreliable telecommunications networks or internet service providers, incompatible or malfunctioning equipment, software you use for such access, or other causes beyond our control.
In no event will we be liable for any indirect, special, consequential, incidental, punitive or exemplary damages (including but not limited to loss of business, loss of revenue, loss of profits, loss of goodwill, lost opportunity, business interruption, or loss of information) arising out of your use of or inability to use your DHL Africa eShopaccount or the DHL Africa eShop website, even if we have been advised of the possibility of such damages.
E-mail notices, newsletters and/or information on the website will be the primary methods by which we will communicate. We will send notices and any other pertinent information to you at the e-mail address you supply when you open your DHL Africa eShop account or have subsequently updated. You can send notices or other communications to us byusing the Contact Us page.
We may modify these terms and conditions at any time without notice. Your continued use of your DHL Africa eShop account after the introduction of such modifications will constitute your acceptance of the modified terms and conditions.
You place an order with us through links in the DHL Africa eShop website or via use of the .You will pay MFA directly for the product and the cost of shipping and delivery to your address. In many, but not all cases, shipping will be done by DHL Express. You agree to comply with any conditions and restrictions of sale which are specified on any merchant's website or of which you are notified of during the purchase process.
You will ensure MallforAfrica has your most up to date delivery address, including an email and contact phone number. Additional handling fees may apply if your package was incorrectly or inadequately addressed. Deliveries to PO Boxes are not accepted. Deliveries will also be made to a main receiving area, and not specifically to the named addressee.
DHL Africa eShop provides services enabling you to shop online from merchants' websites in another country and have products delivered to you in your home country; and MallforAfrica as the owner of the website is the sole party selling the products to you.
We will in good faith receive packages delivered to us from the merchant, inspect them, and then complete the documentation required to ship such packages to you on a DDP/DAP, delivered with duties and taxes paid, at your designated address via DHL Express or another transportation provider. We will notify you when items are received either electronically, or by making the track and trace information for such shipment available on our website. The ultimate delivery address must be in the same country as the country where you are located; you cannot ship packages to individuals in any other country. Payment must be via a credit card in local currency where you are located. COD Shipments will not be accepted.
DHL Africa eShop will replace any products lost or damaged in transit from the merchant to us for on sale and shipping to you. We reserve the right to refuse delivery of such product if, upon inspection of the outside of the package, it is obvious that the product is damaged or incomplete. In such case, we will return the product to the merchant and will notify you that a delay may occur in procuring the item you purchased.
We will only process packages and envelopes containing items you have purchased from us. We are not a mail forwarding agency, and we do not and cannot ship documents or other mail to you. Any mail or packages (other than items purchased from us) addressed to you that do not contain items of value may be destroyed.
Occasionally we receive packages where the appropriate recipient cannot be identified, e.g., the customer name and address may be missing or mis-stated. If you have ordered a product and there is an unusual delay in receiving notification from DHL Africa eShop that an item is being shipped to you, please contact Customer Service and describe the product you are expecting so that we can inspect unidentified packages and see if yours is there. Any goods received at our export facility for which an owner cannot be determined (after we have made reasonable investigative efforts) will be held for 90 days. If the goods remain unclaimed after 90 days, DHL Africa eShop will have the right to dispose of them in any manner permitted under applicable law.
By registering for a DHL Africa eShop account, you appoint the eShopAgent mentioned in the second section above to act as your agent to manage all export, import and customs clearance procedures, including acting as the United States Principal Party in Interest for items purchased in the USA, and to ensure that customs duties and taxes are paid to the relevant customs and tax authorities. Your eShopAgent will perform these functions and act as the exporter of record based on the information you and the merchant provide and, accordingly, neither DHL Africa eShop, nor the eShopAgent will be responsible or liable for any additional duties,taxes or penalties that are assessed if the information you provide to us is inaccurate or incorrect.
An accurate description of the contents of your package, and its value, is necessary for compliance with export and import laws (see also sections 35 and 36). In this regard, you acknowledge that:
You agree to comply with all applicable laws and regulations in effect in the country from which the goods are shipped, and in the country in which the goods are received. You will not use or attempt to use DHL Africa eShop to receive or send illegal, hazardous or dangerous materials, prohibited goods, or controlled substances. Goods are unacceptable for shipment if:
You acknowledge and agree that:
Every package shipped internationally by or for DHL Africa eShop is transported on a limited liability basis subject to the DHL Expess terms and conditions of carriage (as found at the company website of our preferred shipper, www.dhl.com) which are incorporated herein by reference. Our liability in respect of loss or damage to any one Shipment transported bair (including ancillary road transport or stops en route) shall be limited in accordance with the Montreal Convention or the Warsaw Convention as applicable, or in the absence of the applicability of such Convention, to the lower of (i) the current market or declared value, or (ii) 19 Special Drawing Rights per kilogram (approximately $US 26.00 per kilogram).
In the case of loss of or damage to all or part of a shipment, MallforAfrica will refund the charges for the affected item as per its standard policies and procedures.
To facilitate efforts to determine the actual cause of any damage, loss or delay, any claims for loss or damage must be submitted to DHL eShop not later than 30 days from the date of delivery or expected delivery of your package, failing which we will have no liability whatsoever. Claims must be made in writing, accompanied by scanned or faxed copies of the consignment note/air waybill and all supporting documents, photographs of damaged items, and relevant invoices and/or receipts for that item.
Only items which are damaged may be returned. If after delivery to you, you wish to return a damaged item, you will need to make direct arrangements by Contacting Us as soon as possible to arrange for any return, refund, or exchange of items. You should first obtain advance authorization for product returns and we may give you a return authorization number. We will, upon request, help to arrange return shipping to the merchant from your home country. You will need to drop the Shipment off where directed, likely at the office or service point or agent of our preferred shipping provider, DHL Express. The original customs duty and tax cannot be recouped when returning an international shipment back to the merchant.
We may modify or terminate our services at any time upon reasonable notice, either temporarily or permanently, without incurring any liability to you except for completing the processing of products ordered prior to the date of termination.
You may terminate this agreement and your use of your DHL Africa eShop account at any time. As noted elsewhere in these terms and conditions, we may suspend or terminate your account if you fail to comply with these terms and conditions, and in the event of such suspension or termination we will incur no liability to you.
DHL Africa eShop is not liable for any loss or damage arising out of circumstances beyond our reasonable control. These include, but are not limited to: acts of God, fires, earthquakes, hurricanes, tornados, floods, fogs, storms and other natural disasters, plane crashes, embargoes, wars, riots, acts of terrorism, civil commotions, strikes or other industrial actions, epidemics or pandemics, power cuts, disruptions of communications or other utilities, governmental actions or inactions, restraint of princes, any defects or characteristics related to the nature of a shipment even if known to DHL Africa eShop, and damage to or erasure of electronic or photographic images, data, or recordings due to electrical or magnetic interference.
You agree to indemnify, defend and hold DHL Africa eShop and its shareholders, officers, directors, affiliated companies, employees, and agents harmless from all claims, losses, damages, liabilities, and costs (including reasonable attorneys fees) incurred by DHL Africa eShop which result from your use of the DHL Africa eShop website and DHL Africa eShop services, including but not limited to your negligent acts or omissions, any misrepresentations you make in connection with obtaining DHL Africa eShop services, any mis-declaration of contents of value or packages for export purposes, and/or your failure to comply with these terms and conditions.
These terms and conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the DHL Africa eShop website, your use of your account, and the provision of DHL Africa eShop services. Any other written or oral statements are superseded and of no effect.
If any provision of this agreement is judged by a court or body having jurisdiction as illegal, invalid, or unenforceable, such provision will be deemed deleted without affecting any other provision or in any other jurisdiction.
Any failure to enforce any provision of this agreement, or any failure to exercise any right at any time, will not be deemed a waiver thereof.
Section headings are for convenience and reference only and do not form part of this agreement.
This agreement is governed by the laws of the State of Oregon, without regard to conflict of law principles.