Welcome to Gstorex. These are the terms and conditions governing your access to and use of the website Gstorex and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with Gstorex ("we", "us" or "Gstorex") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and Gstorex's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of Gstorex. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
Gstorex wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Gstorex under this User Agreement or at law, Gstorex reserves the right to limit or withdraw access to the Site or the membership of any person if Gstorex believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by Gstorex. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
Gstorex may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Gstorex requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that Gstorex shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Gstorex at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
The Site is an online platform allowing for the sale and purchase of items between sellers and buyers.
Membership on the Site is free. Gstorex does not charge any fee for browsing the Site. Gstorex charges transaction fees when an item is successfully sold on the Site, listing fees for adverts and special listing fees to sellers who use the special listing feature for listing their items.
The Gstorex Payments system means that payment for items on the Site may be made online or partly online through the Gstorex payment facilities which Gstorex makes available on the Site.
By providing these payment facilities, Gstorex is merely facilitating the making of online payments by buyers possible but Gstorex is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and Gstorex is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does Gstorex have any fiduciary duty to any user.
All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt, and are correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time.
Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
All goods will be delivered by a carrier and will require a signature on delivery. If you are out when the carrier attempts to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date. Proof of identification will be required on delivery. Deliveries are made Monday to Saturday.
We will make every effort to facilitate the delivery of goods within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a flood or fire. Gstorex shall be under no liability for any delay or failure to deliver the products within estimated timescales as we are merely facilitating the process.
Risk of loss and damage of products passes to you on the date when the products are delivered to you. We will notify you of the delivery cost during the checkout period.
We are not able to facilitate delivery for orders outside Zimbabwe. International delivery will be coming soon.
If, for any reason, you wish to cancel any order you have placed before it has been delivered or been made available for collection you can cancel the order yourself in the My Account section of the website or contact Gstorex Customer Service team. As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched. After dispatch our Returns Policy will apply. Please note that your right to return goods does not apply to certain products.
We are unable to accept order cancellations for personalised, perishable or time critical goods. Please see the following list for some non-exhaustive examples:
Please note that not all products are returnable and not all shops will accept returns. Each product will be labelled if our return policy applies or not.
To claim refund or exchange any item you are not completely happy with, contact us though our customer service email or our available phone lines elaborating the product name, receipt number, and reason of return within 48hours of the item being delivered to your nominated address or collected. Gstorex will forward the request to the shop the product was purchased. If a return agreement is reached please return items in their original condition, unused, in their original packaging, with garment tags and any other security devices still attached within 14 days. Please do re-use the delivery packaging provided.
This does not apply to faulty or incorrectly supplied goods where your statutory rights are unaffected.
Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided in such circumstances unless the goods are faulty.
Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. Additionally any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related.
Gstorex, its officers, employees, agents, and affiliates shall not be liable if the store from which you purchased a product fails to return any goods as we are only facilitating the process.
You grant Gstorex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.
While using the Site, you will not:
You undertake, represent and warrant that:
"GSTOREX", 'WWW.GSTOREX.COM' and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Gstorex and are protected by trademark and other intellectual property rights and laws. Gstorex’s trademarks may not be used in connection with any product or service that is not Gstorex's or in any manner that disparages or discredits Gstorex. All other trademarks not owned by Gstorex that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gstorex.
Please report problems of any kind or violations of this User Agreement to GSTOREX. If you believe that your intellectual property rights have been violated, please notify GSTOREX. Without prejudice to any other rights and remedies of GSTOREX under this User Agreement or at law, GSTOREX may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also GSTOREX can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
The Site is a platform for communication whereby users may meet and interact with one another for the purpose of the sale and purchase of items. GSTOREX does not buy or sell items. GSTOREX cannot guarantee that a buyer or seller will complete a transaction or accept the return of an item or provide any refund for the same. You will not hold GSTOREX responsible for other users' content, actions, or inactions, or items or Information they list or post.
In particular:
GSTOREX takes reasonable measures (physical, organizational and technological) to safeguard against unauthorised access to your personally identifiable information and to safely store your personally identifiable information. However, the Internet is not a secure medium and the privacy of your personal information can never be guaranteed. GSTOREX has no control over the practices of third parties (e.g. website links to this Site or third parties who misrepresent themselves as you or someone else). You agree that GSTOREX may process your personal information that you provide to it for the purposes of providing the services on GSTOREX and for sending marketing communications to you, and that the Privacy Policy of this Site governs our collection, processing, use and any transfer of your personally identifiable information.
Without prejudice to any other rights and remedies of GSTOREX under this User Agreement or at law or otherwise, GSTOREX may immediately and without liability: limit your activity, remove your bids, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or
withdraw your access to the Site:
GSTOREX may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with GSTOREX or use the Site in any manner whatsoever until such time that such user is reinstated by GSTOREX. Notwithstanding the foregoing, if you breach this User Agreement GSTOREX reserves the right to recover any amounts due and owing by you to GSTOREX or any losses and damages caused by you to GSTOREX and to take such steps including legal action and/or the initiation of criminal proceedings against you as GSTOREX in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of GSTOREX's right to take any actions with respect to that, or subsequent or similar breaches. GSTOREX does not guarantee that it will take action against all breaches that there may be of this User Agreement.
GSTOREX encourages buyers and merchants on the Site to provide feedback on each other's conduct after a transaction has closed; as this helps all users know what it is like to deal with the said buyer/seller. Your feedback will be displayed along with your user ID on the Site. You cannot retract the feedback once you have left it. GSTOREX will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback in order to solicit sales outside of the Site and not to display contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of GSTOREX under this User Agreement or at law, GSTOREX reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site.
You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by GSTOREX, and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your GSTOREX feedback rating in any venue other than on the Site. GSTOREX does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
Without prejudice to any other rights and remedies of GSTOREX under this User Agreement or at law or otherwise, GSTOREX may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
GSTOREX provides the Site and its services on an "as is" and "as available" basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. GSTOREX makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. GSTOREX makes no warranty that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that GSTOREX has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
To the extent permitted by law, GSTOREX, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not GSTOREX has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorised use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to GSTOREX and GSTOREX shall treat any such unauthorised use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold GSTOREX and its affiliates, officers, employees, agents and suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and GSTOREX and you shall have no authority to bind GSTOREX in any manner whatsoever.
Except as explicitly stated otherwise, any notices to GSTOREX from you shall be given by you by email to GSTOREX with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by GSTOREX by return email. Any notices to you from GSTOREX shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) ("Dispute") arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute.
In the event that a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day-period, the parties hereby agree that the Dispute shall be referred to and finally resolved in Zimbabwean Courts.
You hereby grant GSTOREX the right to, and irrevocably acknowledge and agree that GSTOREX may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. GSTOREX agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of GSTOREX, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of GSTOREX.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and GSTOREX with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, Zimbabwean law. This clause will survive any expiry or cancellation of this User Agreement for any reason.