TERMS & CONDITIONS
OPTIONS: ONLINE BUSINESS AND CONSUMER GOODS TERMS AND CONDITIONS.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how either party may change or end the contract, what to do if there is a problem and other important information. Please note that these terms include these terms and conditions and the invoice that we shall send to you.
1.3 Conflict between these terms and legislation. If there is a conflict between these terms and any relevant laws and regulatory requirements, the relevant laws and regulatory requirements shall apply.
1.4 "writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
1.2“merchantable quality”. This term means that goods are fit for the purposes for which commodities of that kind are usually purchased.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Options, a company registered in the Republic of Botswana. Our company registration number is CO87/557 and our address is Plot 78, Unit 6, Gaborone International Commerce Park. Our registered VAT number is C00434201111.
2.2 How to contact us. You can contact us by telephoning our customer service team at 3170713 or by writing to us at email@example.com and P.O.Box 259, Gaborone.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to Botswana. Our website is solely for the promotion and sale of our goods in the Republic of Botswana. Unfortunately, we do not accept orders from persons resident outside the Republic of Botswana or for delivery outside the Republic of Botswana.
4. OUR GOODS
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the delivery of the goods or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS TO MAKE CHANGES
Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
7. PROVIDING THE GOODS
7.1 Delivery costs. The costs of delivery is free for order of P350 or more.
7.2 When we will provide the goods. We will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless we and you agree otherwise.
7.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received
7.4 Collection by you. If you have asked to collect the goods from our premises / your nearest Post Offices, you can collect them from our stores or Post Office during following timings
Options online store working hours of 7:30 AM - 4:30 PM on weekdays (excluding public holidays). 7:30 AM - 12:30 PM on Saturday.
Post Office working hours 8:00 AM - 5 PM on weekdays (excluding public holidays).
7.5 If you are not at home when the goods are delivered. If no one is available at your address to take delivery, we will leave you a note informing you of how to rearrange delivery or collect the goods from one of our stores.
7.6 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from one of our stores / post office, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply. (Delivery failure or not collected by customer within 7 days after goods arrived in post office. The Post office will return the goods back to Options warehouse, customer will be charged 15% handling charges of total order value).
7.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you collect it.
7.8 When you own goods. You own the goods once we have received payment in full.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
8.1.1 If what you have bought is misdescribed you may have a right to end the contract or to get the goods replaced or get some or all of your money back.
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the goods, see clause 8.3. You
may be able to get a refund if you are within 7 days after receiving goods (Its free of cost for orders of P350 or above only). But if changed after 7 days, it’s subject to deductions and you will have to pay the costs of return of any goods. Goods shall only be returned in merchantable quality within 7 days after the delivery of the goods, without penalty and at our expense (only for orders of P350 or more).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
8.2.1 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
8.2.2 there is a risk that supply of the goods may be significantly delayed because of events outside our control;
18.104.22.168 in this instance, we will provide written notice to you and you will receive a refund within 30 days after the date of notification;
8.2.3 there is a delay in executing your order within 30 days or within the agreed period;
22.214.171.124 in this instance, you may cancel the agreement by giving us 7 days’ notice;
8.2.4 we have not provided requisite information to you in respect of electronic transactions;
126.96.36.199 in this instance, you may cancel the transaction within 714 days of receiving the goods under the transaction.
8.3 Exercising your right to change your mind. You are entitled to cancel without reason and without penalty, any transaction 7 days after the date of receipt of the goods.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of goods that have been worn and where the tags and/or labels have been removed or interfered with.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following, in accordance with the time frames provided in clause 8.2:
9.1.1 Phone or email. Call customer services on [NUMBER] or email us at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the [form INSERT LINK TO SCHEDULE 1] on our website.
9.1.3 By registered mail. Print off [form INSERT LINK TO SCHEDULE 1] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us in merchantable quality within 7 days after the delivery of the goods without penalty. You must either return the goods in person to one of our stores, post them back to us by registered mail at P.O Box 259, Gaborone, or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 3170713 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 7 days of telling us you wish to end the contract.
9.3 The costs of return. If the transaction is cancelled then the goods must be returned to the supplier and the supplier must refund all payments made by the consumer excluding the direct cost of returning the goods.
9.4 What we charge for collection. If we are collecting the goods from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5 How we will refund you. We will refund you the price you paid for the goods, by the same method originally used by you to pay for the Product.
9.6 When we may make a deduction from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
9.7 When your refund will be made. We will make any refunds to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 If we have not offered to collect the goods, your refund will be made within 15 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return a goods to us, see clause 9.3.
9.7.2 In all other cases, your refund will be made within 30 days of you cancelling the transaction.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract. We may end the contract for goods at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
10.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods;
10.1.3 You do not, within a reasonable time, allow us to deliver the goods to you or you do not collect them from Post Office within 7 days after goods arrived there;
10.1.4 If the goods are unavailable or we are unable to supply them, then we will notify you of this fact and refund any payments within 15 days after the date of such notification.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct 15% handling charges of the total order price depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH THE GOODS
How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 3170713 or by writing to us at email@example.com and P.O.Box 259, Gaborone.
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS
12.1 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to one of our stores, post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 3170713 or by writing to us at firstname.lastname@example.org for a return label or to arrange collection.
13. PRICE AND PAYMENT
13.1 Where to find the price for the goods. The price of the goods (which includes VAT) will be the price indicated in Botswana Pula (BWP) on the order pages when you placed your order. We take all reasonable care to ensure that the price of the goods advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the goods you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the goods, we will adjust the rate of VAT that you pay, unless you have already paid for the goods in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the goods at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment with Credit card, Debit card, RCS card, EFT, Internet banking transfer. You must pay for the goods before we dispatch them.
13.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
13.6 The terms of the agreement that will apply to the transaction. Any terms of agreement including any guarantees that will apply to the transaction will be provided for on the order which will be sent to the email address that you provide for your convenience and easy access.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 To supply the goods to you;
14.1.2 To process your payment for the goods; and
14.1.3 If you agreed to this during the order process, to give you information about similar goods that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OPTIONS LOYALTY MEMBER
15.1 Become an Options Loyalty Member. To becoming an Options Loyalty Member, visit any of our stores and sign up for your card. You will receive your card immediately, which will be activated with your first purchase.
15.2 Rewards. For each purchase you will receive 5% back in cash rewards onto your card. The rewards can be redeemed as a part payment on your purchase or pay for the item in total if you have collected enough rewards.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this, however we do not require your consent to complete transactions.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee to a person who has acquired the goods.
We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant goods.
16.3 Nobody else has any rights under this contract (except someone you pass your
guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 16.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract. These terms are governed by the laws of the Republic of Botswana.