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Terms and Condition

Terms and Conditions

Introduction

  1. This website can be accessed at www.Portail.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Portail Africa (Proprietary) Limited (“Portail”, “we”, “us” and “our”).

  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

  4. The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, music, toys, pet supplies, and more (“Goods”).

  5. When you use our Website, notwithstanding your geographic location, you do
    so in accordance with these Terms and Conditions and provided that any
    delivery address, including for returns collections, is a delivery address within
    the borders of the Democratic Republic of Congo.

  6. Portail allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Portail will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Portail. This will be made clear in the relevant clause.

Important Notice

  1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

    1. may limit the risk or liability of Portail or a third party; and/or

    2. may create risk or liability for the user; and/or

    3. may compel the user to indemnify Portail or a third party; and/or

    4. serves as an acknowledgement, by the user, of a fact.

  2. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

  3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Portail to explain it to you before you accept the Terms and Conditions or continue using the Website.

  4. Portail permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.



Returns

  1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and use of the website

  1. Only registered users may order Goods on the Website.

  2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Portail. You will need to use your unique username and password to access the Website in order to purchase Goods.

  3. You agree and warrant that your username and password shall:

    1. be used for personal use only; and

    2. not be disclosed by you to any third party.

  4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

  5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

  6. You agree to notify Portail immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

  7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

  8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Portail representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

  9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

  10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Portail representative.









Conclusion of sales and availability of stock

  1. Registered users may place orders for Goods, which the Third Party Seller may accept or reject. Whether or not Portail or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Portail for the Goods.

  2. NOTE: Portail or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Portail or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Portail stating that your order or payment has been confirmed. Portail will indicate the rejection of your order (by Portail itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

  3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

  4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Portail or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

  5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Portail, Portail will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Portail will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

  6. In the case of Goods for sale by a Third Party Seller, Portail relies on inventory information supplied by the relevant Third Party Seller and Portail accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions. 

  7. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment











Delivery of goods

  1. Portail offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

    1. courier; or

    2. self-collection.

  2. For more information about delivery, please see our Help Centre, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the Help Centre for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

  3. Where it accepts your order, Portail or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

  4. Portail’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Portail is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Errors

  1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

  2. Portail shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

App Only Deals

  1. We also have an Sell App (called “App Only Deals“) which will only be available for purchase using the Portail software application (“App”), although they may also be displayed on the Portail website and mobi-site. The App can be downloaded on IOS and Android devices. 

Liquor

  1. It is an offence in terms of Democratic Republic of Congo liquor legislation:

    1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or

    2. to purchase liquor for or on behalf of any person under the age of 18 years. 

  2. Portail is committed to complying with all applicable liquor legislation and therefore will only;

    1. pay liquor to you if you are of or above the age of 18 years; and

    2. deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.



  1. Portail has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor to persons under the age of 18 years. These precautions include without limitation:

    1. indicating on the relevant liquor product page on the Website that such liquor product is not for sale to persons under the age of 18 years;

    2. verifying your age by requesting you to enter your date of birth when purchasing, or attempting to purchase, liquor through the Website;

    3. verifying the age of the person receiving delivery of the liquor by requesting to see his/her identity document, passport or driver’s licence, if such person appears to be under the age of 18 years

  2. Portail may in its sole discretion refuse to sell or deliver liquor to any person if:

    1. he/she refuses to provide his/her date of birth or identification requested for purposes of verifying his/her age;

    2. it appears that he/she provided false information or evidence of his/her age in order to access liquor; or

    3. he/she appears to be intoxicated.



  1. Portail is not licenced to sell liquor for resale and you may accordingly not purchase liquor from Portail for the purpose of reselling it. Portail is entitled to cancel, or not to process, any order for liquor which it suspects will be resold, in addition to any other remedy it may have under these Terms and Conditions or at law.

  2. Portail will not sell liquor exceeding a total of 150 litres to any one person in a single day.

  3. By purchasing, or attempting to purchase, liquor from Portail, you hereby acknowledge and agree to these Terms and Conditions, and agree to provide Portail with truthful and accurate information and to comply with the applicable liquor legislation. 

Third Party Sellers

  1. Portail will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Portail only provides the platform to facilitate transactions between Third Party Sellers and Portail customers. Portail is neither the buyer nor the seller of these Goods unless otherwise specified.

  2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Portail is not a party to that sale.

  3. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.