Terms of Use

Introduction

Welcome to Pumzi Teas. These Terms of Use ("Terms," "Terms of Use," or "Agreement") constitute a legally binding agreement between you and Pumzi Teas Limited ("Pumzi Teas," "Company," "we," "us," or "our"), governing your access to and use of:

• Our website located at pumziteas.com (the "Website")
• All products sold through our Website ("Products")
• All services provided through our Website ("Services")
• Any mobile applications we may offer
• Our social media pages and content
• Any other online services we provide

IMPORTANT: By accessing or using our Website, creating an account, making a purchase, or otherwise engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website or Services.

Pumzi Teas Limited is a company registered and operating in the Republic of Uganda. These Terms are governed by and construed in accordance with the laws of the Republic of Uganda, including but not limited to the Sale of Goods and Supply of Services Act, the Electronic Transactions Act 2011, the Computer Misuse Act 2011, and the Consumer Protection Guidelines.

1. Definitions and Interpretation

1.1 Definitions

In these Terms, unless the context otherwise requires:

1.2 Interpretation

• References to "including" or "includes" mean "including without limitation"
• Headings are for convenience only and do not affect interpretation
• References to statutes include amendments and successor legislation
• Words in the singular include the plural and vice versa
• References to "writing" include email and other electronic communications

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use our Website and Services, you must:

• Be at least 18 years of age, or if you are between 13 and 18, have obtained verifiable parental or guardian consent
• Have the legal capacity to enter into binding contracts under Ugandan law
• Not be prohibited from using our Services under any applicable law
• Not have been previously suspended or removed from our Services
• Provide accurate, current, and complete information as required

By using our Website, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion if we believe you do not meet these requirements.

2.2 Account Registration

While you may browse our Website without an account, certain features require registration. When creating an account:

• Accurate Information: You must provide accurate, current, and complete registration information
• Account Updates: You must promptly update your information if it changes
• Password Security: You must choose a strong password and keep it confidential
• Account Responsibility: You are responsible for all activities that occur under your account
• Unauthorized Access: You must notify us immediately of any unauthorized access or security breach
• One Account Per Person: You may only maintain one active account

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to:

• Not share your password with anyone
• Not allow others to access your account
• Log out of your account when using shared devices
• Use strong, unique passwords
• Immediately notify us of any suspected unauthorized use

We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.4 Account Termination

You may close your account at any time by contacting us at [email protected]. We may suspend or terminate your account if:

• You breach these Terms
• We suspect fraudulent, abusive, or illegal activity
• Your account has been inactive for an extended period
• We are required to do so by law
• We discontinue our Services

Upon termination, your right to use our Services ceases immediately. Provisions that by their nature should survive termination will remain in effect.

3. Products and Orders

3.1 Product Information

We strive to provide accurate product descriptions, images, and pricing. However:

• Product images are for illustration purposes; actual products may vary slightly in appearance
• Colors may appear differently depending on your display settings
• Product packaging may change without notice
• We reserve the right to modify product offerings, descriptions, and specifications at any time
• Errors in product information may occur and will be corrected when discovered

3.2 Product Availability

• All products are subject to availability
• We do not guarantee that products will always be in stock
• We may limit quantities available for purchase
• We reserve the right to discontinue products without notice

3.3 Pricing

• All prices are displayed in Ugandan Shillings (UGX) unless otherwise stated
• Prices include applicable taxes unless otherwise indicated
• Shipping costs are calculated and displayed at checkout
• We reserve the right to change prices at any time without notice
• Price changes do not affect orders that have already been confirmed
• In case of pricing errors, we reserve the right to cancel orders and issue refunds

3.4 Promotions and Discounts

• Promotional offers are subject to specific terms and conditions
• Discount codes must be entered at checkout to apply
• Promotions cannot be combined unless explicitly stated
• We reserve the right to modify or cancel promotions at any time
• Promotions may be limited to certain products, quantities, or customers

3.5 Placing Orders

When you place an order:

• Your order constitutes an offer to purchase the selected Products
• We will send an order confirmation email acknowledging receipt of your order
• Order confirmation does not constitute acceptance; acceptance occurs when we ship the Products
• We reserve the right to accept or reject any order at our discretion
• We may cancel orders due to product unavailability, pricing errors, suspected fraud, or other reasons

3.6 Order Modifications and Cancellations

• Before Processing: You may modify or cancel your order by contacting us immediately
• After Processing: Once an order has been processed for shipping, it cannot be modified or cancelled
• Our Right to Cancel: We may cancel orders for reasons including stock issues, pricing errors, or suspected fraud
• If we cancel your order, we will notify you and issue a full refund

4. Payment Terms

4.1 Accepted Payment Methods

We accept the following payment methods:

Additional payment methods may be added and will be displayed at checkout. All payment methods are subject to verification and security checks.

4.2 Payment Processing

• All payments are processed securely through our payment partners
• We do not store your complete payment information on our servers
• Payment must be received in full before Products are shipped (except for COD orders)
• For COD orders, payment is due upon delivery

4.3 Payment Security

• We use industry-standard encryption to protect payment information
• Our payment processors are PCI-DSS compliant
• You are responsible for ensuring your payment information is accurate
• We are not liable for failed transactions due to incorrect payment information

4.4 Currency and Taxes

• All transactions are processed in Ugandan Shillings (UGX)
• Prices include Value Added Tax (VAT) where applicable
• You are responsible for any additional taxes, duties, or fees that may apply

5. Shipping and Delivery

5.1 Delivery Areas

• We deliver throughout Uganda
• International shipping may be available for select countries; contact us for details
• Some remote areas may have limited delivery options or additional charges

5.2 Delivery Times

Note: Delivery times are estimates and not guaranteed. Delays may occur due to factors beyond our control.

5.3 Shipping Costs

• Free Shipping: Orders over UGX 100,000 qualify for free shipping within Uganda
• Standard Shipping: UGX 10,000 flat rate for orders under UGX 100,000
• International shipping costs are calculated based on destination and weight
• Shipping costs are displayed at checkout before payment

5.4 Delivery Process

• You will receive shipping confirmation with tracking information when available
• Our delivery partner will contact you before delivery
• Please ensure someone is available to receive the package
• You may be required to show identification upon delivery
• For COD orders, payment must be made before the package is handed over

5.5 Risk of Loss

Risk of loss and title for Products pass to you upon delivery. If a package is marked as delivered but you did not receive it, please contact us within 48 hours.

5.6 Delivery Issues

If you experience delivery issues:

• Contact us immediately at [email protected]
• Provide your order number and details of the issue
• We will investigate and work to resolve the issue promptly

6. Returns, Refunds, and Exchanges

Please refer to our comprehensive Refund Policy for detailed information on returns, refunds, and exchanges.

6.1 Summary

• We offer a 14-day satisfaction guarantee from the date of delivery
• Products must be in original condition for returns
• Refunds are processed within 7-10 business days of approval
• Certain items may not be eligible for return

7. Intellectual Property Rights

7.1 Our Intellectual Property

All Content on our Website, including but not limited to:

• The Pumzi Teas name, logo, and tagline "A Sip of Life"
• Website design, layout, and user interface
• Text, graphics, images, photographs, and illustrations
• Product names, descriptions, and packaging designs
• Software, code, and technical implementations
• Audio, video, and multimedia content
• Marketing materials and advertising content

are the exclusive property of Pumzi Teas Limited or our licensors and are protected by Ugandan and international intellectual property laws, including copyright, trademark, and patent laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and view our Website for personal, non-commercial use
• Download and print Content for personal reference only
• Share links to our Website on social media

This license does not include the right to:

• Modify, copy, or reproduce our Content for commercial purposes
• Create derivative works based on our Content
• Use our trademarks without written permission
• Remove any copyright or proprietary notices
• Use our Content in any way that suggests endorsement or affiliation

7.3 Trademark Notice

"Pumzi Teas," "A Sip of Life," our logo, and other marks are trademarks of Pumzi Teas Limited. You may not use these marks without our prior written consent.

7.4 Copyright Infringement

If you believe that any Content on our Website infringes your copyright, please contact us at [email protected] with:

• A description of the copyrighted work
• The location of the allegedly infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that the information is accurate

8. User Conduct and Prohibited Activities

8.1 Acceptable Use

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You must:

• Comply with all applicable laws and regulations
• Respect the rights of others
• Provide accurate information
• Use the Website in good faith

8.2 Prohibited Activities

You agree NOT to:

• Illegal Activities: Use our Website for any unlawful purpose or to violate any laws
• Fraud: Engage in fraudulent activities, including using stolen payment information
• Impersonation: Impersonate any person or entity or misrepresent your affiliation
• Harassment: Harass, threaten, or abuse other users or our staff
• Spam: Send unsolicited communications or advertisements
• Malware: Upload or transmit viruses, malware, or other harmful code
• Hacking: Attempt to gain unauthorized access to our systems or other users' accounts
• Data Mining: Use automated systems to collect data from our Website without permission
• Interference: Interfere with the proper functioning of our Website
• Circumvention: Attempt to bypass security measures or access restrictions
• Reverse Engineering: Decompile, reverse engineer, or disassemble our software
• Commercial Use: Use our Content for commercial purposes without authorization
• False Information: Submit false or misleading information
• Multiple Accounts: Create multiple accounts for fraudulent purposes
• Reselling: Purchase Products for unauthorized resale

8.3 Consequences of Violations

Violations of these Terms may result in:

• Warning or suspension of your account
• Permanent termination of your account
• Cancellation of orders
• Legal action and pursuit of damages
• Reporting to law enforcement authorities

9. User Content

9.1 Submission of User Content

You may submit content to our Website, including product reviews, comments, and feedback ("User Content"). By submitting User Content, you:

• Grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and display your User Content
• Represent that you own or have the right to submit the content
• Agree that your content does not violate any third-party rights
• Acknowledge that we may edit or remove User Content at our discretion

9.2 Content Standards

User Content must not:

• Be false, misleading, or deceptive
• Infringe any intellectual property rights
• Contain defamatory, obscene, or offensive material
• Promote illegal activities
• Contain personal information of others without consent
• Include spam, advertising, or promotional content
• Contain malicious code or links

9.3 Moderation

We reserve the right to review, edit, or remove any User Content that violates these Terms or that we deem inappropriate. We are not obligated to monitor all User Content.

10. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Website, you consent to the collection and use of your information as described in our Privacy Policy.

11. SMS Communications

11.1 SMS Services

We may send SMS messages to you for the following purposes:

11.2 SMS Consent

• By providing your phone number, you consent to receive SMS messages from us
• You can opt out of promotional SMS messages at any time by replying "STOP"
• Transactional messages (order updates) cannot be opted out of as they are essential for service delivery
• Standard message and data rates may apply

11.3 SMS Privacy

Your phone number is used solely for the purposes outlined above and is protected in accordance with our Privacy Policy. We do not sell or share your phone number with third parties for marketing purposes.

12. Cookies

We use cookies and similar technologies to enhance your experience. For detailed information about our cookie practices, please see our Cookie Policy.

12. Third-Party Links and Services

12.1 Third-Party Websites

Our Website may contain links to third-party websites. These links are provided for your convenience only. We do not:

• Control or endorse third-party websites
• Assume responsibility for their content or practices
• Guarantee their accuracy, completeness, or reliability

Your use of third-party websites is at your own risk and subject to their terms and policies.

12.2 Third-Party Services

We use third-party services for payment processing, shipping, and other functions. These services are subject to their own terms and privacy policies.

13. Disclaimers and Limitations of Liability

13.1 Website Availability

We strive to maintain Website availability but do not guarantee uninterrupted access. The Website may be unavailable due to:

• Scheduled maintenance
• Technical issues or failures
• Factors beyond our control

13.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY UGANDAN LAW:

• Our Website and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that our Website will be error-free, secure, or uninterrupted
• We do not warrant the accuracy or completeness of any information
• We do not warrant that defects will be corrected

13.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY UGANDAN LAW:

• Pumzi Teas shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the amount you paid for the Products or Services giving rise to the claim
• We are not liable for damages arising from your use of or inability to use our Website or Services
• We are not liable for any third-party actions or content

These limitations apply regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages.

13.4 Exceptions

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded by law

14. Indemnification

You agree to indemnify, defend, and hold harmless Pumzi Teas Limited, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of our Website or Services
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Any fraudulent or illegal activity

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Uganda, without regard to conflict of law principles.

15.2 Dispute Resolution

In the event of any dispute arising from these Terms or your use of our Services:

1. Informal Resolution: We encourage you to contact us first at [email protected] to attempt to resolve the dispute informally
2. Mediation: If informal resolution fails, either party may request mediation through a mutually agreed mediator
3. Arbitration: If mediation fails, disputes may be submitted to binding arbitration in accordance with Ugandan arbitration laws
4. Litigation: Either party may seek relief in the courts of Uganda for injunctive or equitable relief

15.3 Jurisdiction

The courts of Kampala, Uganda shall have exclusive jurisdiction over any disputes arising from these Terms.

15.4 Time Limitation

Any claim or cause of action arising from these Terms must be filed within one (1) year after the claim arose, or it will be permanently barred.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of these Terms
• For material changes, we will provide notice through our Website or by email
• Your continued use of our Website after changes constitutes acceptance of the modified Terms
• If you do not agree to the changes, you must stop using our Website

We encourage you to review these Terms periodically.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Pumzi Teas regarding your use of our Website and Services.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Pumzi Teas.

17.7 Notices

We may provide notices to you through our Website, by email, or by other means. You may provide notices to us at:

18. Contact Information

If you have any questions about these Terms, please contact us: