Terms & Conditions

Terms of Use

Updated on the 12th of March, 2020, effective immediately

By using Tololi Services, you agree to these conditions.

PRIVACY

Please review our Privacy Policy, which also governs your use of Tololi Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Tololi Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Tololi Services, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Tololi Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Tololi or its content suppliers and protected by Namibian and international copyright laws. The compilation of all content included in or made available through any Tololi Service is the exclusive property of Tololi and protected by Namibian and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tololi Service are trademarks or trade dress of Tololi in Namibia and other countries. Tololi's trademarks and trade dress may not be used in connection with any product or service that is not Tololi's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tololi. All other trademarks not owned by Tololi that appear in any Tololi Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tololi.

PATENTS

One or more patents owned by Tololi apply to the Tololi Services and to the features and services accessible via the Tololi Services. Portions of the Tololi Services operate under license of one or more patents. 

LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Tololi or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Tololi Services. This licence does not include any resale or commercial use of any Tololi Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Tololi Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Tololi or its licensors, suppliers, publishers, rightsholders, or other content providers. No Tololi Service, nor any part of any Tololi Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tololi. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tololi without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tololi's name or trademarks without the express written consent of Tololi. You may not misuse the Tololi Services. You may use the Tololi Services only as permitted by law. The licenses granted by Tololi terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Tololi account to use certain Tololi Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Tololi does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Tololi Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Tololi Household. Tololi reserves the right to refuse service, terminate accounts, terminate your rights to use Tololi Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content when applicable; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tololi reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tololi a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tololi the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tololi for all claims resulting from content you supply. Tololi has the right but not the obligation to monitor and edit or remove any activity or content. Tololi takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Tololi respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please contact us on our platform.

RISK OF LOSS & LATE DELIVERY

All purchases of physical items from Tololi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

The following links direct you to pages where we can access to the track by providing waybill numbers.

TNT - https://www.tnt.com/express/en_na/site/shipping-tools/tracking.html

DHL - https://www.dhl.com/en/express/tracking.html

UPS - https://www.ups.com/track?loc=en_ZA&requester=ST/

FedEx - https://www.fedex.com/en-na/tracking.html

Tololi assists in the coordination between customers and couriers to get the items delivered on time safe and sound, but we are NEITHER liable for the delay of the delivery NOR any damage caused due to the delay of the delivery. We will submit a complaint against the delivery provider who provided the service causing issues and follow it up until the issue gets resolved.

RETURNS, REFUNDS AND TITLE

Tololi does not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Tololi does not take title to the refunded item. For more information, please see Refund Policy.

PRODUCT DESCRIPTIONS

Tololi attempts to be as accurate as possible. However, Tololi does not warrant that product descriptions or other content of any Tololi Service is accurate, complete, reliable, current, or error-free. If a product offered by Tololi itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as determined by us OR provided by a seller including fee(s) charged by us. We regularly check List Prices against prices recently found on Tololi and other retailers. Transaction fees charged by any third parties is exempted from the price, such fees include but not is limited to the fees charged by banks, currency bureaus or other financial institutes. The fees beforementioned will NOT be borne by Tololi as the certain method of payment is chosen by you.

With respect to items sold by Tololi, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by Tololi is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

OTHER BUSINESSES

Parties other than Tololi operate stores, provide services or software, or sell product lines through the Tololi Services. In addition, we provide links to the sites of affiliated companies and certain other businesses, including but not limited delivery companies, shopify.com as our technical support. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Tololi. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Tololi does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE TOLOLI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOLOLI SERVICES ARE PROVIDED BY TOLOLI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TOLOLI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TOLOLI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOLOLI SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TOLOLI SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TOLOLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOLOLI DOES NOT WARRANT THAT THE TOLOLI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TOLOLI SERVICES, TOLOLI'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TOLOLI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TOLOLI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TOLOLI SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TOLOLI SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

APPLICABLE LAW

By using any Tololi Service, you agree that the applicable Namibian law without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tololi.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, these policies also govern your use of Tololi Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Tololi Online Store Cc 2019/05483

41 Crohn Schanzen Street

Windhoek, Namibia

https://www.tololishop.com

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint by contacting us.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.