T&Cs

TERMS & CONDITIONS

1. INTRODUCTION

1.1. This website can be accessed at www.honeybw.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Honey Fashion Accessories Botswana, herein after referred to as “Honey Fashion Accessories Botswana”, “Honey”, “HFAB”, “Honey FAB”, “we”, “us” and/or “our”.

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

1.3. These Terms and Conditions are binding and enforceable against every person that accesses and/or uses this Website, herein after referred to as “you”, “your” or “user”, including without limitation each user who registers as below (“registered user”). By using the Website and/or by “Registering” on the Website, you acknowledge that you have read and agreed to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for an extensive range of goods which may include footwear, apparel, home products, electronics, beauty products, catalogues, books, jewellery, sunglasses, ornaments, perfumes, handbags, clutch bags, purses, wallets, belts and fashion accessories (“Goods”), (“Products”).

2. IMPORTANT NOTICE

2.1. These Terms and Conditions apply to users.

2.2. These Terms and Conditions contain provisions that;

2.2.3. may indemnify Honey; and/or

2.2.4. serves as an acknowledgment, by the user, of a fact.

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

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

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Honey in terms of the laws of Botswana.

2.6. Honey 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.

3. RETURNS POLICY

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair it, replace it, credit your account or refund you subject to the terms below. This policy applies to products bought from Honey. This policy forms part of the Honey Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise.

  • You can return an unwanted product to us, provided that: 

• you have the valid proof of purchase, i.e. Honey electronic/digital record, invoice and/or receipt

• it is within seven (7) calendar days of purchase;

• the security seal or shrink wrap is intact (if applicable)

• it is undamaged and unused, with the original badges, labels and stickers still properly attached; 

• it is in the original packaging, which must be undamaged, unopened and in its original condition with all seals still intact (if applicable). 

• it is not missing any accessories or parts;

• it is not listed in section 3.2. (Products not eligible for return).

Once we have inspected the product and validated your return, we will refund you with the purchase price of the product within 7 to 14 days of the return.  We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition, missing any accessories or any of the stated conditions are not met. We reserve the right to inspect the product to validate your return.

  • Products not eligible for returns

The following products are not eligible for a refund, exchange or credit:

  • electronic vouchers or coupons;
  • intimates, lingerie, pantihose, swimwear, bodysuits or underwear;
  • jewellery for piercings;
  • personal grooming or personal care items;
  • a beauty product, cosmetics or fragrance which has been used;
  • products which have been personalised for you or made to your specifications, unless defective.
  • Defective products

We do our best to ensure that the products we deliver to you are of a high quality and without defects. 

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return or refund;

  • faults resulting from normal wear and tear;
  • damage arising from negligence, user abuse or incorrect usage of the product;
  • damage arising from electrical surges or any form of corrosion;
  • damage arising from a failure to adequately care for the product;
  • damage arising from unauthorised alterations to the product; and
  • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.

If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 14 days after delivery / collection of the product.

Honey and/or its manufacturer(s) reserve the right to examine the product and test the product to confirm the alleged defect, failure or safety hazard existed at the time of purchase, before the product will be repaired, replaced or refunded. The defective items policy excludes degradation and/or defects arising as a result of normal wear and tear and/or misuse of the product. We reserve the right to test the product to confirm the alleged defect, before the product will be repaired, replaced or refunded. Honey is under no obligation to provide you with a credit, repair / replacement or refund for any defective product logged after 14 days from delivery / collection.

  • ORDERS AND SALES / USE OF THE WEBSITE

4.1. Registered users and/or unregistered users may order Goods on the Website.

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

4.3. You agree and warrant that your username/email and password shall:

4.3.1. be used for personal use only; and

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

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

4.5. You agree that, once the correct username/email and password relating to your account have been entered, irrespective of whether the use of the username/email and password is unauthorised or fraudulent, you will be liable for payment of such order.

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

4.7. 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 or if you are not legally permitted to enter into a binding agreement, then you may not use the Website.

4.8. 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, software, hardware, 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 Company representative of Honey (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

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

4.10. 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 Company representative of Honey.

5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

5.1. Users may place orders for Goods, which Honey may accept or reject. Whether or not Honey 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 Honey for the Goods.

5.2. Honey will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Honey come into effect (the “Sale”). This is regardless of any communication from Honey stating that your order or payment has been confirmed. Honey will indicate the rejection of your order by cancelling it and, as soon as we can, thereafter, refunding you for any amount already paid.

5.3. You may cancel the Sale only in accordance with the Returns Policy.

5.4. Placing Goods in a 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 and/or it is held there for an unreasonable amount of time. You cannot hold Honey liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later time.

5.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Honey, Honey 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 placing an order, Honey will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

5.6 Please note that the goods will not be covered by the warranty of the manufacturer or its licensed supplier. However, the Honey Returns Policy applies to all items purchased on www.honeybw.com.

6. PAYMENT

6.1. Our online payment options are administered by FNB (First National Bank) and/or it’s associated payment system company, who are trusted experts in the field of secure online payments. You may pay for your order by one of the following payment methods: Credit card, Debit card; Visa or MasterCard.

6.2. Payment may also be made for Goods via any of the available payment methods shown in checkout (depending on its availability and your eligibility to use such a method).

6.3. Where payment is made by debit card/credit card, FNB (First National Bank) and/or it’s associated payment system may require additional information in order to authorise and/or verify the validity of payment. We may withhold delivery until such time as the additional information is received and authorisation is obtained for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the debit card/credit card supplied for purposes of paying for the Goods, and that your debit card/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

6.4. Should payment authorisation be declined, your order will be cancelled. Should the authorisation be successful, your order will be processed for delivery.

6.5. Any website credit (if available) will be applied to your purchase.

6.6. You may contact us if you would like to enquire about your order. We may send you an email about your order.

6.7. Once you have selected your payment method, you accept these Terms and Conditions and you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. DELIVERY POLICY

7.1. Honey offers delivery of Goods to you by itself or via courier.

7.2. We currently only deliver to physical addresses within Botswana, preferably your place of work. There are currently no post office delivery services offered by us.

7.3. We offer a Monday to Friday (08h00 – 17h00), delivery service. We do not deliver on any public holidays in Botswana. There are no weekend deliveries. If you’re not available at the stated delivery address to receive your order at the time of delivery, the courier will make a second attempt at another time. After that, we will contact you to make other arrangements for you to collect at your own cost. Where delays and out of stock situations occur, every reasonable effort will be made to inform you if we believe there will be a substantial delay in your delivery.

7.4. Orders going to major towns and cities will be delivered within 2-7 working days. Orders for outlying areas will take approximately 8-14 working days.

7.5. Delivery time starts on the day that your order has been confirmed and is subject to stock availability. Although Honey will make every effort to meet the time frame for delivery, certain factors may affect delivery times and we cannot guarantee that every item will be delivered in such time frames. Please note that it might not be possible for us to deliver to certain areas. During the checkout process you will be required to enter your address to determine if you are eligible for delivery. We do not deliver to PO Box or postal addresses.

7.6. A delivery is considered complete as soon as the parcel is accepted by you or an individual on your behalf at your specified delivery address. Anyone who takes receipt of the parcel is presumed to be authorised to accept delivery on your behalf. For verification purposes, the person accepting the parcel may be required to produce some form of identification (identity document/card, drivers licence or passport). Should nobody be present at the address at the time of delivery, the parcel will remain with the courier company. Please note that we reserve the right to charge an additional delivery fee for a second attempt at delivery. Delivery will then be effected for a second time at the indicated delivery time. If at that time there is no one present at the address, the parcel will be returned to us and we will contact you to make collection arrangements at your cost. The delivery fee is non-refundable. It is your responsibility to ensure that you or the receiver of the parcel, inspects the parcel on arrival and makes known any complaints immediately.

7.7. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout.

7.8. We will notify you, if by any occurrence, we are unable to deliver the Goods in a timely manner.

8. ERRORS

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.

9. VOUCHERS AND COUPONS

9.1. Honey may from time to time sell electronic gift vouchers (“Vouchers”) and make electronic promotional codes (“Coupons”) available for use on the Website towards the purchase of products. More specifically:

9.2. Vouchers

9.2.1. Vouchers are valid for limited time periods after sale. If your Voucher has not been used within a set time period, it will expire.

9.2.2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable. Vouchers are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.

9.2.3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

9.3. Coupons

9.3.1. Coupons are issued electronically by our sole discretion. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

9.3.2. As a general rule, and unless specified otherwise on the specific Coupon itself:

9.3.2.1. a Coupon can only be used once on the Website;

9.3.2.2. only one Coupon can be used per person unless stated otherwise; and

9.3.2.3. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

9.3.3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

9.3.4. If we are running a special/sale on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website may automatically apply only the set discount or only the coupon.

9.4. Site Promotions

From time to time Honey will run promotions. These promotions will either be on selected products or website wide. For each promotion there will be specific terms and conditions. Promotions may require the users to apply the stated promo-code to their cart during the check-out process.

10. PRIVACY POLICY

10.1. We respect your privacy and we shall take all reasonable measures to protect it. This Privacy Policy applies to all users of our Website, related mobile sites and software applications, collectively referred to as “our Platforms”, which are used to access and purchase our products and services.

10.2. The purpose of this Privacy Policy is to set out how, why and when Honey uses your Personal Information. It is important that you read this Privacy Policy together with our other terms and conditions, privacy notices or policies we may provide from time to time when we collect or use your Personal Information.

10.3. We respect your privacy and take the protection of Personal Information very seriously. We strive to deliver excellent service every time you shop with us, and to do this, we need to use some of your Personal Information. This Privacy Policy describes how we handle the Personal Information we collect about you and/or receive from you. By using our Platforms, you agree to the processing of your Personal Information as set out in this Privacy Policy.

In this Privacy Policy, the terms –

  •  “we”, “us” or “our” refers to Honey.
  • “you” and “your” refers to every person that accesses or uses our Platforms also referred to as a user.
  • “user(s)” refers to anyone registered or unregistered on our Platforms and has provided us with a unique username/email and password as well as other Personal Information in order to order goods on our Platforms.

10.4. If you are below the age of 18 years, you may not use our Platforms.

10.5. Honey processes Personal Information in a manner that is reasonable, adequate, relevant, non-excessive and purpose-specific. In order for users to access and use our Platforms we collect and process some Personal Information. When you become a registered or unregistered user, we have to collect and process your Personal Information to render our services to you.

When you use our Platforms, we may collect Personal Information including but not limited to:

  • Name and surname;
  • Email address;
  • Physical address;
  • Billing address;
  • Gender;
  • Mobile phone number;
  • Online identifiers;
  • Date of birth; and/or
  • Identification number.

Should your Personal Information change or you wish to amend and/or correct this Personal Information you can do this by updating your registered user information in your account profile.

10.6. You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

We process the Personal Information we collect and receive to:

  • identify you;
  • create a user account for you; and/or
  • enter into a contract with you.

As a user, we also process your Personal Information in order to:

  • fulfill our contractual obligations to you when you have ordered goods in order for us to deliver those goods.
  • provide you with information, products or services you request from us.
  • communicate with you regarding our Platforms and provide you with information, products or services, including billing, customer support, resolving complaints and quality control.
  • notify you about changes to our services and products.
  • send you information about competitions, products or services that may interest you.
  • get feedback from you which we need to develop our products and services.

We keep your Personal Information for as long as:

  • we need it to provide our Platforms, products or services to you.
  • it is necessary to uphold the contract between you and us.
  • you have agreed to us keeping your Personal Information subject to; your request for us to stop processing your Personal Information and your discontinued use of our Platforms.

10.7. By accessing and using the Platform, you consent to us using your Personal Information.

10.8. You have the right to request us not to contact you for purposes of direct marketing by any form of electronic communication such as automatic machines, messaging apps, email and/or SMS notifications by opting out of any direct marketing communications we may send to you.

10.9. We do not sell your personal information to third parties for their marketing or any other purposes.

10.10. We may provide or make your Personal Information available to:

  • our employees, the staff of Honey and/or third party service providers in order to enable them to assist us to interact with you via our Platforms for the marketing, ordering, collection or delivery of goods.
  • law enforcement, government officials, fraud detection agencies or other third parties when the disclosure of Personal Information is necessary or appropriate in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability or financial loss, to report or support the investigation into suspected illegal activity;
  • Courier companies, in order for them to liaise directly with you regarding any goods you have purchased or for any other purpose which may require their involvement; and/or
  • Bulk SMS and/or messaging companies in order for them to send you opt-in direct marketing communications.

10.11. Should you disclose your Personal Information to any third party other than Honey, Honey shall not be liable for any loss or damage arising or suffered by you as a result of the disclosure of such Personal Information to any third party. This is because we do not regulate or control how that third party uses your Personal Information. You should always ensure that you read the privacy policy of any third party.

11. GENERAL LEGAL TERMS

11.1. Honey may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way, use the Website.

11.2. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

12. ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

13. OWNERSHIP AND COPYRIGHT

13.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Honey and/or its official distributors and/or official advertisers and/or official sponsors and/or is licensed to Honey.

13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.

13.3. Any use, distribution or reproduction of the Website Content in any possible way, is prohibited unless expressly authorized officially in writing by Honey Fashion Accessories Botswana.

14. DISCLAIMER

14.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

14.2. Whilst Honey takes reasonable measures to ensure that the content of the Website is accurate and complete, Honey makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

14.3. Honey disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein.

14.4. Goods sold from the Website and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement.

14.5. Any views or statements made or expressed on the Website are not necessarily the views of Honey, its directors, employees and/or agents.

14.6. Honey also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, handset, mobile device, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, handset, mobile device, your hardware or software. Honey thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

15. LINKED THIRD PARTY WEBSITES

15.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of the payment gateway(s) as mentioned in clause 6.1. Honey is not responsible for the practices and/or privacy policies of those Third Party Websites/Systems or the “cookies” that those sites may use.

15.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

16. LIMITATION OF LIABILITY

16.1. Honey cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Honey, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.

16.2. Honey cannot be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.

16.3. You hereby indemnify Honey against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website/system.

17. AVAILABILITY AND TERMINATION

17.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

17.2. Honey may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Honey will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

17.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 3 (three) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

17.4. Honey is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, the Return Policy, and/or have created multiple user profiles, to blacklist you on its database, suspend or terminate access to your user account and/or the Website, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Honey, in whole or in part, on notice to you.

17.5. Honey is not liable for any loss or damages suffered by you as a result of any actions taken by Honey in terms of clause 17.

18. GOVERNING LAW AND JURISDICTION

18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of Botswana. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Botswana courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

19. HONEY INFORMATION

Honey’s information is as follows;
Honey Fashion Accessories Botswana,
Plot 53, Gaborone International Commerce Park, Gaborone, Botswana.
Telephone: 3500107

20. GENERAL

20.1. Honey may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

20.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

20.3. Any failure on the part of you or Honey to enforce any right in terms hereof shall not constitute a waiver of that right.

20.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

20.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

20.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

20.7. These Terms and Conditions contain the whole agreement between you and Honey and no other warranty or undertaking is valid between the parties.