Legal notice
RESMORE MIDDLE EAST TRADING CC
CUSTOMER ORDER, PROCUREMENT, CANCELLATION & COST RECOVERY NOTICE
Company: Resmore Middle East Trading CC
Trading Name: Resmore
Jurisdiction: Republic of Namibia
Effective Date: 12 August 2026
Document Type: Customer Order & Procurement Legal Notice
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1. PURPOSE OF THIS NOTICE
This Notice establishes the terms applicable to customers who place an order with Resmore Middle East Trading CC (“Resmore”, “the Company”, “we”, “us” or “our”) for goods that Resmore must source, purchase, manufacture, customise, import or otherwise procure from a supplier or third party.
The purpose of this Notice is to clearly establish the rights and obligations of both Resmore and the customer where an order is placed and Resmore has commenced procurement or incurred costs in reliance upon that order.
This Notice forms part of Resmore's Terms and Conditions and should be read together with the applicable quotation, invoice, order confirmation and any written agreement between Resmore and the customer.
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2. DEFINITIONS
For purposes of this Notice:
“Customer” means the person or legal entity placing the order with Resmore.
“Order” means a request by a customer to purchase goods or services from Resmore.
“Accepted Order” means an order that has been accepted or confirmed by Resmore in writing, electronically or through another agreed communication method.
“Procurement” means any activity undertaken by Resmore to source, purchase, manufacture, reserve, customise, prepare, import, transport or otherwise obtain goods for the customer.
“Procurement Commencement” means the point at which Resmore has commenced any procurement activity or incurred any financial or contractual obligation in reliance upon the customer's order.
“Deposit” means any advance payment required from the customer before Resmore commences procurement.
“Special-Order Goods” means goods obtained specifically for a particular customer and which Resmore does not ordinarily keep in stock.
“Customised Goods” means goods manufactured, modified, branded, personalised or otherwise prepared according to the customer's specifications.
“Procurement Costs” include reasonable and demonstrable costs actually incurred by Resmore in connection with an order.
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3. PLACING AND ACCEPTANCE OF AN ORDER
3.1 A quotation, price indication or product enquiry does not automatically constitute acceptance of an order by Resmore.
3.2 An order becomes an Accepted Order when Resmore confirms acceptance in writing, electronically or through another agreed communication method.
3.3 An Accepted Order may create contractual obligations between Resmore and the customer.
3.4 The customer is responsible for ensuring that all information supplied to Resmore is accurate, including product specifications, quantities, sizes, colours, models, measurements, delivery address and other relevant requirements.
3.5 Resmore may rely upon the information supplied by the customer when commencing procurement.
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4. DEPOSIT AND COMMENCEMENT OF PROCUREMENT
4.1 Where a deposit is required, Resmore may require payment of the applicable deposit before procurement commences.
4.2 The customer acknowledges that Resmore may use the deposit to facilitate or secure procurement of the goods.
4.3 Procurement may include, without limitation:
- communicating with suppliers;
- obtaining supplier quotations;
- placing supplier orders;
- paying suppliers;
- arranging manufacturing;
- arranging customisation;
- reserving stock;
- paying international transaction charges;
- arranging freight;
- arranging shipping;
- preparing customs documentation;
- paying procurement-related fees; and
- entering into commitments with third parties.
4.4 Once procurement has commenced, Resmore may have contractual and financial obligations to suppliers and other third parties that cannot reasonably be reversed.
4.5 The customer acknowledges that Resmore may incur costs even before the goods physically arrive in Namibia.
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5. CUSTOMER CHANGE OF MIND AFTER PROCUREMENT HAS STARTED
5.1 A customer may request cancellation of an order at any time.
5.2 However, where the customer requests cancellation after Procurement Commencement, Resmore shall assess the cancellation in accordance with:
(a) the terms of the Accepted Order;
(b) this Notice;
(c) applicable Namibian law;
(d) applicable consumer-protection legislation; and
(e) where applicable, the law governing an international transaction.
5.3 A customer changing their mind does not, by itself, automatically make Resmore responsible for costs already incurred in procuring goods specifically for that customer.
5.4 Subject to any mandatory statutory cancellation or cooling-off right, Resmore reserves the right to recover reasonable and demonstrable costs and losses actually incurred as a direct consequence of the customer's cancellation.
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6. PROCUREMENT COSTS THAT MAY BE RECOVERABLE
Subject to applicable law, the customer may be responsible for reasonable and demonstrable costs actually incurred by Resmore, including:
(a) supplier payments;
(b) supplier cancellation charges;
(c) manufacturing costs;
(d) customisation or personalisation costs;
(e) sourcing and procurement costs;
(f) international payment and banking charges;
(g) foreign exchange losses directly arising from the transaction;
(h) non-refundable transaction fees;
(i) shipping or freight charges already incurred;
(j) transportation charges;
(k) customs-related costs already incurred;
(l) insurance costs already incurred;
(m) storage costs caused by the cancellation;
(n) return-to-supplier costs;
(o) reasonable administrative costs directly connected to the cancellation; and
(p) other reasonable, documented and legally recoverable costs directly arising from the customer's cancellation.
Resmore shall not seek to recover costs that are prohibited by applicable law.
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7. NO ARBITRARY PENALTY
7.1 This Notice is not intended to impose an unlawful penalty or an arbitrary forfeiture of a customer's money.
7.2 Where cancellation occurs after Procurement Commencement, Resmore's claim shall, where legally permissible, be based on reasonable and demonstrable costs and losses actually incurred.
7.3 Resmore may provide the customer with an itemised statement of applicable costs where appropriate.
7.4 Any amount refundable to the customer after lawful deductions shall be calculated in accordance with the applicable contract and law.
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8. STATUTORY CONSUMER RIGHTS
8.1 Nothing in this Notice is intended to exclude, restrict or waive any mandatory right granted to a consumer by applicable law.
8.2 In particular, where an electronic transaction is subject to the consumer-protection provisions of Namibia's Electronic Transactions Act, 2019, those statutory rights shall apply.
8.3 The customer may have statutory cancellation or cooling-off rights in circumstances prescribed by applicable law.
8.4 Certain transactions may fall within statutory exceptions, including certain goods made to the customer's specifications, clearly personalised goods, goods which by their nature cannot reasonably be returned, and goods likely to deteriorate or expire rapidly.
8.5 Where a statutory right applies, Resmore will comply with that right notwithstanding any provision of this Notice.
8.6 No provision of this Notice shall be interpreted as requiring a customer to surrender a statutory right that cannot lawfully be excluded.
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9. ELECTRONIC TRANSACTIONS AND ONLINE ORDERS
Where an order is placed through:
- Shopify;
- Resmore's website;
- WhatsApp;
- email;
- social media;
- electronic quotation;
- electronic invoice;
- mobile communication; or
- another electronic communication platform,
the electronic record of the order, acceptance, payment, correspondence and applicable terms may form part of the contractual record, subject to applicable law.
Resmore shall provide customers with applicable information concerning the goods, pricing, charges and contractual terms as required by law.
The customer should review the order carefully before confirming it.
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10. CUSTOMER SPECIFICATIONS AND SPECIAL ORDERS
10.1 Where goods are specially sourced, manufactured, customised or personalised according to the customer's instructions, the customer acknowledges that such goods may not be capable of ordinary resale.
10.2 The customer is responsible for confirming the accuracy of specifications before procurement begins.
10.3 Where the customer provides incorrect specifications, measurements, colours, quantities, sizes, models or other information and Resmore procures goods based upon that information, the customer may be responsible for resulting costs, subject always to applicable law.
10.4 Nothing in this clause removes any statutory consumer protection applicable to the transaction.
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11. INTERNATIONAL PROCUREMENT
11.1 Resmore may procure goods from suppliers located outside Namibia.
11.2 International procurement may involve additional risks and costs, including:
- foreign exchange fluctuations;
- international banking charges;
- supplier cancellation charges;
- international freight;
- customs duties;
- import-related charges;
- port or warehouse charges;
- inspection charges;
- insurance;
- international transportation delays; and
- supplier-specific contractual conditions.
11.3 Where the customer has authorised Resmore to procure goods internationally, the customer acknowledges that Resmore may enter into binding commitments with international suppliers in order to fulfil the customer's order.
11.4 The customer's cancellation of an order does not automatically cancel Resmore's obligations to an international supplier.
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12. INTERNATIONAL SALES LAW
12.1 For international business-to-business transactions, the parties may expressly agree in writing to the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), where legally applicable.
12.2 Unless expressly agreed otherwise in writing, the applicable governing law shall be determined in accordance with the contractual terms and applicable conflict-of-laws rules.
12.3 Nothing in this Notice is intended to deprive a consumer of mandatory protections applicable to that consumer under the law governing the transaction.
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13. GOVERNING LAW
13.1 Subject to mandatory statutory rights and any expressly agreed international sales-law regime, this Notice and the contractual relationship between Resmore and the customer shall be governed by the laws of the Republic of Namibia.
13.2 The parties shall endeavour to resolve disputes through good-faith discussion before commencing formal proceedings.
13.3 Nothing in this clause prevents either party from exercising a mandatory statutory right or seeking urgent legal relief where permitted by law.
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14. DISPUTE RESOLUTION
14.1 In the event of a dispute, the customer should first submit the complaint to Resmore in writing.
14.2 Resmore shall be given a reasonable opportunity to investigate and respond.
14.3 The parties should attempt to resolve the dispute amicably before commencing litigation.
14.4 Where an amicable resolution cannot be achieved, either party may pursue any remedy available under applicable law.
14.5 Nothing in this clause prevents a consumer from exercising a statutory complaint or dispute-resolution right available under Namibian law.
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15. CUSTOMER ACKNOWLEDGEMENT
By confirming an order and making the required payment, the customer acknowledges that:
1. they have reviewed the order details;
2. they have confirmed the product specifications;
3. they understand that Resmore may commence procurement after the required payment is received;
4. they understand that procurement may create non-refundable or non-recoverable third-party costs;
5. they understand that changing their mind after procurement has commenced may result in liability for reasonable and demonstrable costs actually incurred, where permitted by law;
6. they understand that special-order and customised goods may have different cancellation consequences;
7. they understand that statutory consumer rights remain applicable were provided by law; and
8. they agree to the applicable Resmore Terms and Conditions.
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16. ORDER CONFIRMATION STATEMENT
The following statement may be included on Resmore quotations, invoices, WhatsApp confirmations and online checkout pages:
“IMPORTANT CUSTOMER NOTICE: Your order will be procured specifically in accordance with your confirmed requirements. Procurement may commence after payment of the required deposit. Once procurement has commenced, cancellation or a change of mind may result in Resmore Middle East Trading CC incurring costs with suppliers, manufacturers, banks, freight companies and other third parties. Subject to applicable law and any statutory consumer rights, the customer may be responsible for reasonable and demonstrable costs and losses actually incurred as a direct result of the cancellation. Please confirm your order and specifications carefully before procurement begins.”
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17. RECORD KEEPING
Resmore should retain, where reasonably possible:
- the customer's original order;
- quotation;
- invoice;
- order confirmation;
- proof of payment;
- customer communications;
- customer specifications;
- supplier quotation;
- supplier invoice;
- proof of supplier payment;
- shipping documentation;
- customs documentation;
- cancellation request; and
- calculation of any costs claimed.
These records may be used to demonstrate the basis upon which procurement was undertaken and any costs subsequently incurred.
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18. SEVERABILITY
If any provision of this Notice is found to be invalid, unlawful or unenforceable, that provision shall be interpreted or severed to the extent necessary, while the remaining provisions shall continue to operate to the extent permitted by law.
Nothing in this clause shall be interpreted as validating a provision that applicable law declares void.
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19. ENTIRE AGREEMENT
This Notice, together with the applicable quotation, invoice, order confirmation, Terms and Conditions and any written agreement between Resmore and the customer, constitutes the contractual framework applicable to the relevant order, subject to mandatory law.
In the event of inconsistency, mandatory statutory requirements shall prevail.
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20. IMPORTANT LEGAL NOTICE
This document is intended to establish Resmore Middle East Trading CC's commercial order and procurement policy. It must not be interpreted as an attempt to exclude mandatory rights provided to consumers under Namibian law.
Resmore reserves all rights and remedies available to it under applicable law in respect of unpaid amounts, wrongful cancellation, contractual breach and losses arising from a customer's failure to honour an Accepted Order.
RESMORE MIDDLE EAST TRADING CC
Authorised Representative: ______________________________
Position: ______________________________________________
Date: _________________________________________________
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CUSTOMER ACCEPTANCE
I/We confirm that I/we have read and understood the Resmore Customer Order, Procurement, Cancellation & Cost Recovery Notice and agree to the applicable terms governing my/our order.
Customer Name: ________________________________________
ID/Company Registration No.: ____________________________
Order/Invoice No.: ______________________________________
Customer Signature: ____________________________________
Date: _________________________________________________
Resmore Representative: _________________________________
Signature: _____________________________________________
Date: _________________________________________________