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Terms & Conditions

DHL Africa eShop

The Terms 'You' 'Your' 'We' 'Our' ‘eShop’ and 'DHL Africa eShop'.

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.

Acceptance.

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.

Account Creation.

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.

No Transfer of 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.

Specified Countries.

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.

Security.

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.

Your Warranties and Representations.

You warrant and represent that:
  • You are at least 18 years of age or the legal age of majority in your country,
  • you have obtained all necessary permissions to enter into and perform this agreement, and
  • you will use the eShop services only for lawful purposes and in accordance with these terms and conditions.

Privacy; Data Protection.

On certain areas of the DHL Africa eShop website or DHL Africa eShop services, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices on the DHL Africa eShop website or DHL Africa eShop services.

Your Use of the Website.

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.

  • You may use the DHL Africa eShop website and DHL Africa eShop services solely for your personal use (including your friends and family members - see section 22) or for use by the business entity you represent. If you intend to resell products you receive via ourDHL Africa eShop services, you agree to comply with all laws and regulations that apply to the importation of products for resale, and with any applicable restrictions on resale required by the merchant.
  • You may not offer for sale, resell, market, distribute, create a database from, or otherwise commercially exploit in any manner any of the content on the DHL Africa eShop website or information generated using the website.

Shipping Cost Calculator.

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.

Malicious Content.

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.

Intellectual Property

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.

  • You may not copy, reverse engineer, decompile or create derivative works from the DHL Africa eShop website.
  • You may not use any meta tags or any other 'hidden text' which incorporate DHL Africa eShop's name or trademark unless we give our prior written consent.
  • While you are using the website, you may print out or electronically store any or all of the web pages or screens but solely for your personal use.
  • You may not scrape, frame or display information from the DHL Africa eShop website for use in another website or service without our prior written consent.
  • You may not place a hyperlink to the website on your site except in the manner we specify and after receipt of our prior written permission.

Intellectual Property Infringement; Counterfeit goods

  • We make efforts not to publish any material that is subject to third party copyright, trademark or other legal protections. If you think material on the website infringes your intellectual property rights, please let us know by submitting a complaint by following this link.
  • We take the problems caused by Internet advertising and sale of counterfeit goods seriously. Counterfeit goods are imitations of well-known brands. They are typically sold at prices lower than the genuine product, and usually bear the genuine product's trademark or logo. Advertisements for these products may or may not specify that they are replicas, and they are often difficult to distinguish from the genuine article - particularly in online advertisements where people do not have the chance to examine the goods themselves. While we make every effort to ensure that our service is not used for the sale of counterfeit goods, and we carefully select the merchants and products linked to our websites, we cannot guarantee that every item advertised and/or delivered through our cross-border shopping service is 100% authentic. But we do commit to investigate any such problems reported to us and to take steps to stop such goods from being sold via our website.c. If you are the rightful owner of a trademark, and you know or suspect that your rights are being infringed by the advertising of counterfeit goods on ourDHL Africa eShop website and/or the shipment of such goods through our international delivery services, please inform us by submitting a Complaint.
  • If you are the rightful owner of a trademark, and you know or suspect that your rights are being infringed by the advertising of counterfeit goods on ourDHL Africa eShop website and/or the shipment of such goods through our international delivery services, please inform us by submitting a Complaint.
  • After we receive your complaint, we will conduct an investigation. If we determine that goods infringing your rights are indeed being advertised and/or distributed through our website, we will take appropriate action such as: 
    1. removing the advertisements for the infringing product ;
    2. prohibiting the merchant of the product infringing such intellectual property from selling via the DHL Africa eShop websites ;
    3. disabling the customer's account if the customer is knowingly importing counterfeit goods using DHL Africa eShop services ; and
    4. notifying law enforcement authorities

Trademarks.

'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.

Other Websites.

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.

Disclaimer of Warranty.

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.

Limitation of Liability.

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.

Notices.

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.

Modification of DHL Africa eShop Terms and Conditions.

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.

Your purchase of products from merchants

Ordering Products.

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.

Correct Addressing.

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.

Purchase Transaction Solely Between You and MallforAfrica.

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.

  • DHL Africa eShop makes no representations, warranties or guarantees regarding the quality or suitability of the products you order.
  • We have no liability for any failure of a merchant to fulfill your order, or for any defects in any product you purchase, or any injury or damage that any product may cause, or for any other failure of the product to meet your expectations.
  • MFA shall handle all communications with merchants regarding product exchanges. We will, upon your request and upon payment of the relevant fees, if any, arrange for the return delivery of item(s) ordered from the merchant provided such product is still available. Applicable return charges may be applied.

Fulfillment facility

Our Receiving Procedure.

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.

Loss or Damage of Products in Transit.

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.

Inspection of Packages.

  • Both we and the eShopAgent shall (upon receipt, or in preparing the item for export) open and inspect each item, or part thereof, for security and safety purposes, to verify compliance with export and import laws, and to confirm the product description and other information you and the merchant supply, all without prior notice and without liability to you.
  • If we discover that the description of the contents of the package or other information supplied is not accurate, then, depending on the specific situation, we may refuse to ship it (you will be notified), or we may correct the information after seeking further information from the merchant.

Prohibited Items.

  • a. We or your appointed eShopAgent will place on ‘hold’ all products that are restricted or deemed prohibited for export or import to the destination country. Additionally, any product deemed unsafe for international transportation will be prohibited for shipment and placed on hold. See our preferred shipping provider’s  Prohibited items FAQ by following this link. After you have been notified of the ‘hold’ status, we will take your request in terms of what to do with the item into account. Additional charges mayill apply. You will have 14 days to advise us of your requested disposition of the product. If you have not responded to our notification within 14 days, the product may be destroyed.
  • Products that cannot be legally sold or transported (such as illegal drugs, weapons, etc.) cannot be returned to the merchant or shipped to an alternative address. They are subject to seizure by law enforcement authorities, who may investigate further.
  • It is not always a simple matter to determine whether a specific product is export-restricted. In such cases, DHL Africa eShop or your eShopAgent may submit such items for review by the government agency responsible for export or import compliance.

No Mail Accepted.

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.

Unidentified Recipients.

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.

Appointment of eShopAgent.

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.

Accurate Contents and Value Declaration. Payment of duty and tax

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:

  • a. Packages may be inspected at any time by export and import authorities. Packages with misleading product descriptions or under-declared valuations may be delayed by the relevant customs authorities, who may dispute and correct the declaration – in which case, you might possibly have to pay additional duty or other fees.
  • The amount of tax and duty actually charged by your country’s Customs authority may differ from the amount you paid us. Here’s why:
    1. Tax and duty are based on the “dutiable value” of the goods. We calculate the tax and duty as accurately as we can, after your package is inspected, weighed and measured, and ready for dispatch at our export facility. You pay us those calculated amounts of tax and duty, along with the shipping charge, when you release your shipment. Your DHL Africa eShop invoice includes a breakdown of (i) the product cost, (ii) the shipping cost, (iii) the Convenience Fee charge.
    2. We arrange payment of the duty and tax to local Customs authorities on your behalf. The actual tax and duty paid sometimes turns out to be higher or lower than the amount we calculated, for a number of reasons. For example, the Customs authority in your country may assign your goods a different customs code from the one we used; or Customs may (for whatever reason) use a different formula to calculate the duty; or the calculation may be affected by a change in currency exchange rates between the time of our calculation and the time the tax and duty is paid to Customs authorities.  In such situations, you will not receive a refund or be charged extra for the difference; due to the administrative time and costs that such arrangements would require and the pricing quoted in your DHL Africa eShop invoice should be final.

Shipping Charges.

  • You are responsible for payment of all actual international shipping and handling charges.
  • Volumetric weight may apply on bulky, lightweight packages. Volumetric weight is calculated by multiplying height by width and length in inches and dividing by 305 to produce a weight expressed in kilos. (See our preferred shipping company’s  Volumetric Weight FAQ  for full explanation and a calculation tool).
  • Your final cost will include any applicable country-specific government-mandated clearance fees in addition to duty, tax, shipping, government levies and fuel surcharges if applicable.

Delivery.

  • DHL Africa eShop will make every reasonable effort to deliver the shipment to you according to our regular schedules, but such schedules cannot be guaranteed and do not form part of the agreement between us. DHL eShop is not liable for any damage or loss caused by delivery delays.
  • Shipments can be delivered directly to most addresses (except post office boxes). However, in certain remote areas, you may be need to pick up your package from the closest DHL service point or from a DHL packstation or automated storage locker.

Compliance with Law: No Illegal Materials or Prohibited Goods.

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:

  • they are deemed to be  Unacceptable Shipments as per our preferred shipping company’s terms and conditions of carriage;
  • the goods are classified as hazardous material, dangerous goods, or articles prohibited or restricted by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), export control laws and regulations, import or customs regulations, or any of the laws or regulations of any applicable government department or other relevant organization;
  • we decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer-form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, pornography and illegal narcotics/drugs) ; or
  • DHL Africa eShop knows, or has reason to suspect, that the item or its shipment would be in violation of export and import laws and regulations as more fully set out in section 34.

Export and Import Compliance.

You acknowledge and agree that:

  • You will comply with all applicable export and import laws and regulations;
  • We will at all times comply with all applicable export and import laws, and we will refuse to ship any package which we know or have reason to suspect is in violation of such laws;
  • We will refuse to ship any item or to a destination which requires an export or import license;
  • You will not use or attempt to use DHL Africa eShop to receive or send:
    1. any items that are specially designed, modified, adapted or configured for a military application; or
    2. Any dual use items that are subject to export license requirements; or
    3. any products that are intended to be used in chemical or biological weapons, missile technology, or for purposes of nuclear proliferation ;
  • For items being exported from the US, you expressly agree not to divert, reship or forward any part of a shipment:
    1. a. to any country which the US Department of the Treasury, Office of Foreign Assets Control (‘OFAC’) has designated as supporting international terrorism (currently Cuba, Iran, North Korea, Sudan, and Syria) ; or
    2. b. to any individual or entity named in: the OFAC list of Specially Designated Nationals and Blocked Persons; or any of the lists maintained by the US Department of Commerce Bureau of Industry and Security - the Denied Persons List, the Entity List, or the Unverified List; or any of the similar lists maintained by the US Department of State such as the Debarred Parties List or the Proliferators List ;
    3. c. to any entities or individuals listed in the Consolidated United Nations Security Council Sanctions List, the European Union Consolidated Financial Sanctions List, the Consolidated Canadian Autonomous Sanctions List, the United Kingdom Consolidated List of Financial Sanctions Targets, the Japanese Ministry of Economy, Trade, and Industry End User List, or similar national or international lists ;
  • You will be liable, and agree to indemnify us for any costs, penalties, or fines which may be incurred if any shipment is found to violate any of the foregoing conditions and for any legal costs that we may incur in connection with such violations or reporting violations to the appropriate authorities ; and
  • We will have the right to terminate your account and your use of DHL Africa eShop services if you violate any of the above agreements and acknowledgments.

Limited Liability for Lost or Damaged International Shipments.

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).

Refunds, returns, claims

Lost or Damaged International Shipments.

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.

Making Claims.

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.

Product Returns or Exchanges.

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.

General

 

Modification of DHL Africa eShop Services.

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.

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.

Circumstances Beyond Our Control.

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.

Indemnification.

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.

Entire Agreement.

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.

Partial Invalidity.

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.

Waiver.

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.

Headings.

Section headings are for convenience and reference only and do not form part of this agreement.

Governing Law.

This agreement is governed by the laws of the State of Oregon, without regard to conflict of law principles.