Terms & Conditions
Welcome to the Focal Point Photographic online shop, www.focalpointonline.com . This website, and its related sites, services and tools, is provided and owned by Westgate Focal Point (Pvt) Ltd t/a Focal Point Photographic and is hereinafter referred to as “Focal Point Online”. These terms and conditions govern your use of Focal Point online. Please read them carefully as they affect your rights and liabilities under Zimbabwe’s laws. If you do not agree to these terms and conditions, please do not register for or use Bhola hardware online.
Who owns the Focal Point online?
Focal Point online is owned and operated by Westgate Focal Point (Pvt) Ltd (“Focal Point Photographic”), a limited liability company registered in Zimbabwe whose registered office is at number 19 Kenilworth Rd, Newlands, Harare. All rights and/or defenses afforded to us in these general terms shall stand to Bhola hardware city, its subsidiaries, associates and employees.
Amended or updated terms
We may periodically update or change the general terms, without notice. You should check them from time to time as your continued use of our services will mean you accept any updated or revised general terms.
You are welcome to browse or use Focal Point online for your own personal, non-commercial, shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorized use, copying, reproduction, variation, modification or distribution of the content of any of our websites, or apps, the uploading of any unlawful or damaging information or viral software or the creation of any links to our websites or apps is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our services and/or the contents of our websites, or apps contrary to these general terms.
We reserve the right to suspend our services or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the services in compliance with these general terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
The services provided by Focal Point online do not include the provision of computer or other necessary equipment to access ok online. To use Focal Point online, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone or other costs that you may incur.
The website is available 24 hours, however for any assistance required please refer to our customer service section.
You are required to register with us before placing your first online shopping order. You are also required to register to make use of certain functionality which may not include placing an online shopping order. Registration and/or use of our websites constitute your acceptance and agreement to be bound by the terms and conditions of our website, including the terms and conditions specific to online shopping.
To register on Focal Point online you must be at least eighteen (18) years of age on the date of registration. You certify that the information provided by you on registration or at any time thereafter is correct and complete.
When you register you will be required to provide certain information and to choose a username and password for use on this website. Upon registration, you agree:
That you are able to enter into legally binding contracts.
That you are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password.
To immediately notify Focal Point online of any unauthorized use of your password or account or any other breach of security. In no event will Focal Point online be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details here.
Passwords and security
When you register to use our website, you will be asked to create a username and a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. If you know or suspect that someone else knows your password you should notify us immediately by contacting our customer service here.
If Focal Point online has reason to believe that there is likely to be, or has been, a breach of security or misuse of our website, we may require you to change your password or we reserve the right to suspend your account without prior notification.
Privacy and personal information
When you use Focal Point online, 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 services, such as our message center, 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.
All content included in or made available through Focal Point online, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Focal Point online or its content suppliers and protected by the Zimbabwe and international copyright laws. The compilation of all content included in or made available through Focal Point online is the exclusive property of Westgate Focal Point (Pvt) Ltd and protected by Zimbabwean and international copyright laws.
Trademarks and patents
The content of Focal Point online is protected by copyright, trademarks, database and other intellectual property rights.
Westgate Focal Point (Pvt) Ltd trademarks and trade dress may not be used in connection with any product or service that is not Focal Point Photographics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Focal Point Photographic. All other trademarks not owned by Focal Point Photographic that appear in any Focal Point outlets are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Focal Point Photographic.
You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Focal Point online shop without written permission from Focal Point Photographic. No license is granted to you in these terms and conditions to use any trade mark of Focal Point Photographic or its affiliated companies including, without limitation, the trademarks Focal Point & Copy Point.
Intellectual property rights
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on our websites or apps are owned by or licensed to us. Unauthorized use, reproduction, modification and/or distribution of the content thereof are strictly prohibited and constitute an unlawful infringement of our intellectual property. Focal Point Photogrpahic respects the intellectual property of others.
License and access
Subject to your compliance with these conditions of use and any service terms, and your payment of any applicable fees, Focal Point Photographic or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Focal Point online shop. This license does not include any resale or commercial use of Focal Point online, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Focal Point online 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 Focal Point Photographic or its licensors, suppliers, publishers, rights holders, or other content providers. No Bhola hardware online, nor any part, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Focal Point Photographic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Focal Point Photographic without express written consent. You may not use any meta tags or any other “hidden text” utilizing Focal Point Photographics's name or trademarks without the express written consent of Focal Point Photographic. You may not misuse Focal Point online. You may use Focal Point online only as permitted by law. The licenses granted by Focal Point Photographic terminate if you do not comply with these conditions of use or any service terms.
You may need to register an account to use certain Focal Point online services, and you may be required to be logged in to the account and have a valid payment method associated with it. 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.
Focal Point Photographic 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 Bhola hardware online only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their homes.
Focal Point Photographic reserves the right to refuse service, terminate accounts, terminate your rights to use ok online, remove or edit content, or cancel orders in its sole discretion.
Who supplies your goods and services?
Unless stated to the contrary on this website, the goods and services supplied in accordance with any contract made through this website are supplied by Focal Point Photographic. As part of our delivery service, we may engage the use of 3rd party delivery providers to fulfil services on our behalf. We may also sell products and services on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be Focal Point Photographics.
Reviews, comments, communications, and other content
We value your comments, reviews, ideas, suggestions and feedback. By sending us your comments, posting content or submitting material you agree that we may use them for commercial purposes (including using them to endorse our products, stores or brands) without any compensation to you and you grant us a non-exclusive license 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 Focal Point Photographic and sublicenses 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 Focal Point Photographic for all claims resulting from content you supply. We will not respond to or maintain your comments.
You agree not to post comments which violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, abusive or obscene material or to post any material that consist of or contains 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. Focal Point Photographic reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. We disclaim any liability towards any third party regarding your comments.
Focal Point Photographic takes no responsibility and assumes no liability for any content posted by you or any third party.
We send out various newsletters and other marketing material. You are free to unsubscribe from any marketing material at any stage. It may take up to 45 days for your profile to be updated.
Advertising and hyperlinks
External hyperlinks may appear on our websites or apps. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services. Your reliance on any information contained in such third party material is entirely at your own risk.
Returns, refunds and title
Focal Point Photographic does not take title to returned items until the item arrives at our store. At our discretion, a refund may be issued without requiring a return. In this situation, Focal Point Photographic does not take title to the refunded item.
A customer has a general right to return goods (a ‘cooling off period’) within a specified period after collection and/or delivery, without penalty, should the product be unsatisfactory or incorrect:
Electrical items – within 24 hours
Non electrical items – within 48 hours
The customer will be liable for the costs of returning the goods, should it relate to a change of mind purchase. Refunds will be depended on the terms and conditions of the relevant financial institution.
Returned goods must be:
In its original packaging;
In its original condition; and
Having the original or copy of the invoice
Certain conditions and exemptions apply:
Focal Point Photographic will not provide you a refund for certain goods which by their nature cannot be returned. Such items include, but are not limited to, items damaged by your mishandling, items which cannot be resold for health and hygiene reasons once unwrapped (e.g., Certain items of clothing)
As with all warranties, certain conditions and exceptions apply:
Please take proper note of any terms or instructions that accompany your goods;
Goods that show a manufacturing defect within the first 2 (two) weeks of collection and/or delivery will be repaired, replaced or refunded; and
Defects that develop after two weeks may be repaired, replaced or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy.
The manufacturer’s warranty will only apply to material defects in the process of manufacturing the goods and will not apply in the following instances:
Damage caused by lightning or power surges;
Damage caused by misuse or abuse to the goods or contrary to instructions and warnings provided on the goods or their documentation;
Goods used for a purpose other than the purpose for which they were intended;
Goods that have been altered or physically changed in any way; and
A public regulation that prohibits such returns for public health reasons.
Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misrepresented goods.
Minimum or maximum order restrictions
Focal Point online reserves the right to introduce a minimum spend requirement in order to be eligible for delivery. Excluded products and supplementary charges, such as delivery, shall not count towards a minimum spending requirement.
There is currently no maximum order restriction; however Focal Point online reserves the right to limit quantities at any time and without prior notification. In order to provide a high quality of service, orders above a threshold in terms of quantity and/or value may require a longer lead time to prepare the order for collection and/or delivery. Focal Point online reserves the right to alter the nature or terms of this restriction and/or threshold at any point and without prior notification.
Accuracy of content
All reasonable steps are taken to ensure that the information accessed via Focal Point online is accurate and up-to-date. We do not however warrant that the content or information displayed is always accurate, complete and/or current.
Focal Point online attempts to be as accurate as possible. However, Focal Point online does not warrant that product descriptions or other content of Focal Point online is accurate, complete, reliable, current, or error-free. If a product offered by Focal Point online itself is not as described, your sole remedy is to return it in unused condition.
Product availability, pricing, collection and delivery
All prices are quoted in United States Dollar (USD$) and all transactions will be charged in USD$. All prices are inclusive of value added tax (vat) where applicable.
The products displayed are subject to availability. Focal Point Photographic cannot guarantee availability of stock but will make every effort to source the product to fulfill your order. Where items cannot be delivered, Focal Point Photographic will make every effort to contact the customer based on the information provided at registration and offer options to amend the order with substitutes or cancel the order, where applicable.
Orders can be collected from the store indicated on your order on presentation of a valid identification document and order number. If your chosen store has the items in stock, you can collect the order within 2 (two) to 7 (seven) working days. If stock is not available in your chosen store, Focal Point Photographic will make every effort to source the product to fulfill your order and will communicate with you. After 21 (twenty-one) days of an unfulfilled order, Focal Point Photographic will contact the customer based on the information provided at registration and offer options.
You may also place your order online and select the delivery option. As part of our delivery service, we may engage the use of third party delivery providers to fulfill services on our behalf. Delivery will take place within 3 (three) to 10 (ten) days from the order date. Delivery dates are estimates only and we will make every effort to contact the customer based on the information provided at registration.
Focal Point online may provide links to the sites of affiliated companies and certain other businesses. 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 websites). Focal Point Photographic 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
Focal Point online and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Focal Point online shop are provided by Focal Point Photographic on an “as is” and “as available” basis, unless otherwise specified in writing. Focal Point Photographic makes no representations or warranties of any kind, express or implied, as to the operation of Focal Point online, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through Focal Point online, unless otherwise specified in writing, use of our services is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by Focal Point online will be uninterrupted or error free, or that the services or the servers that make them available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our services or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our services and/or your purchase of any products or services.
Notwithstanding any other provisions contained herein, our liability arising from any breach of these terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via the services.
These general terms are governed by the laws of the republic of Zimbabwe. Any dispute arising in relation to these general terms shall, to the extent permitted by law, be referred to arbitration in Harare at a venue of our choice applying the rules of the high court of Zimbabwe.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
By using Focal Point online, you agree that the laws of the republic of Zimbabwe, 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 Focal Point Photographic.
Site policies, modification, and severability
Please review our other policies posted on this site. These policies also govern your use of Focal Point online. 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.