Terms and Conditions

Terms & Conditions:-

General Terms of Use

Terms and Conditions for www.trendycharming.com website and Mobile app.

By accessing and using this mobile app, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this system including any services provided hereunder. 

  1. The Online web and Mobile app

1.1. This Online system accessible on www.trendycharming.com (hereinafter referred to as the “System”) is owned and operated by Trendy Charming Ltd, a company having its registered address at 11/B Rue Mamzelle, camp-le-vieux, Rose hill bearing Business Registration Number C17145858 (hereinafter referred to as “The Company”). 

Zafaire.com is a web-based and mobile app based system that facilitates and encourages the customers to buy products using this system, product image, content, amount, will be displayed in the app and based on choice users can purchase the same.

1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:

  • Registration Policy
  • Security & Privacy Policy
  • Products & Services Policy
  • Cancellation of Order & Refund Policy
  • Returns & Refund Policy
  • Liability & Disclaimer Policy

The above policies shall collectively be referred to as the “Policies”.

1.3. These Terms & Conditions apply to persons purchasing Products from the system, as well as any persons visiting same.

1.4. By browsing and/or registering on this System, you are providing the Company your consent for the processing of your personal information as defined in the Security & Privacy Policy.

1.5. The Company reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the System.

  1. Definitions and Interpretation

2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:

2.2. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;

2.3. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;

2.4. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;

2.5. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by the Company on or in connection with this System;

2.6. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by the Company in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this System, as well as all and any modifications or improvements to any of them;

2.7. The Company will include the employees, officers, advisers, service providers, suppliers and content providers of the Company;

2.8. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by the Company on the System;

2.9. “Trade Marks” means those trademarks owned by companies offering products for sale on the system and any other trademarks, designs, logos, style names and slogans which the Company either owns or has the right to use or any derivative service offerings of, and applications for, any of same;

2.9.1. “System Material” means the contents of this System, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;

2.9.2 ‘Seller’ means a company which has subscribed to any of the packages offered by The Company and who is offering products for sale and/or services to the End Customer

2.9.3. Terms like “you”, “your”, “Customer” refers to any person accessing the System and/or registering on the System.

  1. Capacity to Contract

You hereby warrant to the Company that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the System under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.

By accepting to use the portal, the Seller confirms that it holds all necessary rights in respect of all products that it will list for sale through the system. These rights include but are not limited to copyright, trade name, trade mark. The seller also confirms that it is legally entitled to sell and holds all required licences / authorisations to sell the products that it has listed for sale. 

  1. Modification of these Terms & Conditions

4.1. These Terms & Conditions shall commence from the date on which they are published on the System and continue indefinitely. The Company reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the System at any time, with no liability or recourse to you.

4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the System for any such amendments.

4.3. The Company will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the System, which you will be required to accept before using the System.

4.4. If you choose to visit the System, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.

  1. Other Terms and Conditions

Certain products offered on the System may be subject to specific terms and conditions as indicated on that part of the System (see Product conditions & Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant products & services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.

  1. Login and Registration

Prior to any online purchase, you have to register your details online in order to initiate any order whether prepaid or post-paid transaction. (Please refer to the Registration Policy)

  1. Portal Material – Scope of Permitted Use

7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the System Material online restrictively for your own personal use and only for non-commercial purposes.

7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the System. You must get the Company’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the System Material, whether electronically or otherwise.

7.3. You may not use this System or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.

7.4. You may not link to any page on this System or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of the Company. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.

7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.

7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the System.

  1. Your behaviour when using the System

8.1. You may not use the Portal to obtain or distribute:

8.1.1. Material which is defamatory, unlawful or contains hate speech; or

8.1.2. Bulk e-mail, whether solicited or unsolicited.

8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the System or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this System or its material.

8.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.

8.4. You may not intercept any information transmitted to or from the Company or this System which is not intended by the Company to be received by you.

  1. Disclaimer and Limitation of Liability on this System

The use of the System and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.

  1. Warranties and Indemnities

You hereby indemnify the Company and its officers, directors, employees, representatives or contractors or other persons for whom in law the Company may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the System or its material or your breach of these Terms & Conditions.

  1. Governing Law

This System is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.

  1. Whole Agreement

12.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and the Company relating to your access to and use of the System.

12.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which the Company may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by the Company of any of the Company’s rights and the Company shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.

  1. Personal Information Protection / Online Privacy Policy

Please refer to the Security & Privacy Policy on the processing of personal information and personal information protection.

  1. Disputes

14.1. In the event that any claim, matter or dispute arises between you and the Company arising out of or in connection with your use of the System, same must be referred to the Customer Services Department by contacting our Customer support department by email on support@trendycharming.com

Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.

14.2. Notwithstanding the clause 14.1, the Company reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that the Company is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.

  1. Address for delivery of notices

The Company chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:

Postal Address:    

·          11/B Rue Mamzelle, camp-le-vieux, Rose hill

  1. Removal of Access

The Company may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the System at any time. The Company may also impose limits on certain features and services or restrict your access to any or all of System or System material without notice or liability.

  1. Intellectual Property Rights

All the content, Trade Marks and data (including copyrighted content) on the System, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to the Company and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the System, including these Terms & Conditions, vested in the Company and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the System including by framing or similar means is prohibited.

  1. Electronic Communications

You consent to receive communications from the Company electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by the Company for the purposes of these Terms and Conditions.

  1. Marketing

By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from the Company from time to time.

 

 Registration Policy

1.1. This Registration Policy must be read together with the Terms and Conditions for the Company’s Online System (www.trendycharming.com) and the android and iOS mobile app and the Policies indicated therein.

1.2. Customers are free to browse the system without registration, but registration is mandatory for the customer to be able to perform the following:

– Make online Purchases

– Receiving newsletters with exclusive online offers

– Opening an online account

1.3. Customers will need to provide the following details to process their registration:

– Full Name

– Password

– A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)

1.4. Online registration is free of charge for the Customer.

1.5. The Company shall use all reasonable endeavours to protect the Customer’s information submitted on the system in line with the Data Protection Act.

1.6. This registration is subject to the Security & Privacy Policy.

1.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.

1.8. Payment can be made by bank transfer, users are not bound to pay first for the product, they can either choose COD or Payment Screenshot attachment option.

1.9. The Customer agrees that:

– He will keep his username and password safe, and will not share them with anyone.

– He will not surrender his account to someone else.

– He takes full responsibility in case he allows someone else to place an online order using his account credential.

– He will not pass himself off as someone else or create multiple, false accounts.

– He will not use the account for any unlawful purposes

1.10. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep the Company harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.

1.11. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform the Company via email Support@trendycharming.com without any delay. Upon receiving this notification, The Company may reject any orders not yet executed and deactivate the Customer’s password and account. The Company will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold the Company harmless from any losses resulting from his non-compliance to the clause 1.9.

1.12. To deregister from the Portal account, the Customer must send an email to Support@trendycharming.com. The process will be undertaken by latest the next business day and a confirmation email will then be sent to the Customer.