TERMS AND
CONDITIONS
1.
Parties to this agreement
2.
Use of the Site
3.
Registration
4.
Your responsibilities
5.
Delivery
6.
Sales
7.
Cancelling your order and Returning Products.
8.
Our Liability
9.
Intellectual Property
10. Privacy
policy
11. Changes
to the Site and this Agreement
12. Jurisdiction
and settlement of disputes
13. Language
of this Agreement
14. Term and
Termination
15. Disclaimer
16. Indemnification
17. User Data
18. Miscellaneous
19. Contact
Us
1.
Parties to this agreement
This
agreement (referred to hereinafter as the Agreement) contains the terms and
conditions for the use of this website (the "Site"), including
without limitation for ordering products. By using the Site, you confirm
that you accept and will comply with these terms and conditions.
If you
place an order through this Site, the seller of such products is Yuuji Shopping
Ltd.
Yuuji
Shopping Ltd will handle the fulfilment of such purchase.
Our
Address is as follows:
Yuuji
Shopping Ltd
Ngumu Hse
Kwa Shibu Rd
P.o Box
88424 80100
Mombasa
Tel:
0112291438
Email:
info@yuujishopping.com
The Website/App
is owned and operated by Yuuji Shopping Ltd.
2.
Use of the Site
2.1. The
Site is intended for use by our vendors/sellers and customers.
2.2. You
must be eighteen or older to order products using the Site.
2.3. This
Site, including without limitation images, drawings, sound, graphics and text,
is protected by worldwide copyright and other proprietary laws and treaty
provisions. Yuuji Shopping Ltd grants you a limited license to access and make
personal use of this Site, and not to download, except where specifically
invited, nor to duplicate, sell or modify, any portion of this Site without
express written authorization from Yuuji Shopping Ltd.
2.4. The images of the products on the website are for illustrative
purposes only. Although we have made every effort to display the colours of
products accurately, we cannot guarantee that a computer or device's display of
the colours accurately reflects the colour of the products. Your product may
vary slightly from those images. Also, the packaging of the product may vary
from that shown in images on the website.
2.5. Our acceptance of your order will take place when a
confirmation email is sent to you, at which point a contract will come into
existence between you and us.
2.6. If we are unable to accept your order, we will inform you of
this and will not charge you for the product. This might be for one of a number
of reasons including because the product is out of stock, because of unexpected
limits on our resources which we could not reasonably plan for, because we have
identified an error in the price or description of the product, because of an
issue relating to the product or because we are unable to meet a delivery
deadline you have specified.
2.4 We will assign an order number to your order and tell you what
it is when we accept your order. It will help us if you can tell us the order
number whenever you contact us about your order.
2.5 User Representations
By using the Site, you represent
and warrant that:
(1) all registration information
you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy
of such information and promptly update such registration information as
necessary;
(3) you have the legal capacity
and you agree to comply with these Terms and Conditions;
(6) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise;
(7) you will not use the Site for
any illegal or unauthorized purpose;
(8) your use of the Site will not
violate any applicable law or regulation.
If you provide any information
that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use
of the Site (or any portion thereof).
2.6 Prohibited Activities
You may not access or use the Site
for any purpose other than that for which we make the Site available.
As a user of the Site, you agree
not to:
1.
make any unauthorized use of
the Site, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretences
2.
engage in unauthorized framing
of or linking to the Site.
3.
make improper use of our
support services or submit false reports of abuse or misconduct.
4.
interfere with, disrupt, or
create an undue burden on the Site or the networks or services connected to the
Site.
5.
attempt to impersonate another
user or person or use the username of another user.
6.
use any information obtained
from the Site in order to harass, abuse, or harm another person.
7.
decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Site.
8.
attempt to bypass any measures
of the Site designed to prevent or restrict access to the Site, or any portion
of the Site.
9.
harass, annoy, intimidate, or
threaten any of our employees or agents engaged in providing any portion of the
Site to you.
10.
delete the copyright or other
proprietary rights notice from any Content.
11.
disparage, tarnish, or
otherwise harm, in our opinion, us and/or the Site.
12. use the Site in a manner inconsistent with any applicable laws or regulations.
3.
Registration
3.1. You
can register by filling out the register form and choosing a user name and
password. To register, you must provide your real name, address, phone number/
mobile phone number and e-mail address.
3.2. You
must be eighteen or older to register in the Site.
3.3. Registration is free of any
charges.
3.4 User Registration
You may be required to register
with the Site. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
4.
Your responsibilities
4.1. You
accept responsibility for all activities that occur under your account or
password. You are solely responsible for maintaining the security of your
password.
4.2. You
warrant that the information you provide during the registration process (and
any notification of change of such information) is true and correct.
4.3. You
warrant that you are over 18 years old.
4.4
Third-Party Websites and Content
The Site
may contain (or you may be sent via the Site) links to other websites
("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content").
Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion
of, linking to, or permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms and Conditions no longer govern.
You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party.
You agree
and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
5.
Delivery
5.1. Delivery
charges will be as displayed to you on checkout in Kenyan Shillings (KES).
5.2. During
the order process, we will let you know when we will provide the products to
you. We aim to ship your stocked items within 2-3 days from receipt of order. Delivery
times are estimates only. You will receive an ‘item(s) dispatched’ email with your
tracking information as soon as your order has been collected from us.
5.3.
Yuuji Shopping shall not be liable for delays in performing or failure to
perform this Agreement or any obligations hereunder, which are directly
attributable to causes beyond its reasonable control, including, but not
limited to, acts of God, fires, strikes or labour disputes (other than by our
own staff), war, acts or intervention by any governmental authority, failure of
a common carrier, supplier, hardware, software, browser, or communications
equipment, or network failure, congestion, or malfunction.
5.4. The
product(s) will be your responsibility from the time we deliver the product(s)
to the pick-up location close to you.
5.5. Subject
to 8 (“Intellectual Property”) below, you own the products once we have
received payment in full for them.
5.6. We
may have to suspend the supply of a product to deal with technical problems or
make minor technical changes.
5.7. We
may need certain information from you so that we can supply the products to
you. If so, this will have been stated in the description of the products on
the website. We will contact you in writing to ask for this information. If you
do not give us this information within a reasonable time of us asking for it,
or if you give us incomplete or incorrect information, we will inform you and
either not take payment or, where we have already done so, offer you a full
refund to your original method of payment. We will not be responsible for
supplying the products late or not supplying any part of them if this is caused
by you not giving us the information, we need within a reasonable time of us
asking for it.
5.8. If
you do not pay us for the products when you are supposed to and you still do
not make payment within 7 days of us reminding you that payment is due, we may
suspend supply of the products until you have paid us the outstanding amounts.
We will contact you to tell you we are suspending supply of the products. As
well as suspending the products we can also charge you interest on your
overdue payments.
6. Sales
3.1 Our platform provides an online platform for sellers to sell and
buyers to purchase products, whereby we shall accept binding sales, on behalf
of sellers.
3.2 An undertaking for the sale and purchase of a product or products
will come into force between the buyer and seller, and accordingly you commit
to buying or selling the relevant products, upon the buyer’s confirmation of
purchase via our platform.
3.3 The following provisions will be incorporated into the contract of
sale and purchase between the buyer and the seller but subject to our terms and
conditions.
3.3.1 The price for a product will be as stated in the relevant product
listing
3.3.2 Price for the product must be inclusive of all taxes and comply
with applicable laws in force.
3.3.3 Packaging charges, handling charges, delivery charges,
administrative charges, insurance costs, other ancillary costs and charges if
any will only be payable by the buyer if this is clearly stated in the product
listing
3.3.4 Products must be
genuine and new only. Any breach of this by selling counterfeit, fake and low
quality products will lead to instant account suspension.
3.4. Payments
3.4.1 We will collect payments on behalf of sellers on our platform.
3.4.2 We will deduct our 7% commission on all sales via our
platform.
3.4.3 We will pay our vendors after 7 days from sale/delivery of their
products through our platform after deducting our commission.
3.4.4 Vendors to furnish us with their right payment channels for prompt
and sure payment of their funds.
7.
Cancelling your Order and Returning Products
7.1. To
exercise your right to cancel, you must clearly communicate to us your decision
to cancel (e.g. an e-mail). You may want to, but do not have to, use the model
cancellation form set out at the end of these terms.
7.2. If
you have received your order, you should send back the products you wish to
return within 5 days from the day on which we were informed of your decision to
cancel to your pickup location. You will have to cover the cost of returning
the product. We will refund you the price paid for the product plus the costs
of the original delivery (except where you only return some products in an
order, in which case the original delivery costs will not be refunded) on
receipt of the returned product, or within 14 days of receiving from you proof
of returning the product, using the same means of payment as you used for the
initial transaction.
7.3. Subject
to 7.5 below, you may also return products beyond 5 days of receiving the
product subject to the following conditions. For such returns, we will not
refund the original delivery costs, and you will be responsible for the return
delivery costs. You must pack up the product(s) securely and, using the customer
services label on the front of the delivery note, send back to our customer
services team, including the delivery note with the return’s information
completed.
7.4 All
refunds will be made via the original payment method.
7.5. Please
note that we cannot accept returns of certain products, e.g. inner wares stated
on the website to be non-returnable products.
7.6. The products must be kept substantially not misused until
you have decided to keep the products. We reserve the right to refuse to refund or
exchange products that are returned to us that have been misused.
7.7. You may return to us any product that is damaged, or defective when it is delivered to you, or where we have delivered a product to you in error. You must indicate via email the reason for returning the product. Once we have confirmed that a product is damaged or defective when delivered, or was delivered in error, we will refund you the price paid for the product, plus your original delivery costs (except where you are returning only some products from an order) and the cost of returning the product to us.
8. Our
Liability
8.1.
Nothing in these terms shall limit or exclude our liability for:
(a) death
or personal injury caused by our negligence;
(b) fraud
or fraudulent misrepresentation; or
(c) any
matter in respect of which it would be unlawful for us to exclude or restrict
liability.
8.2. If we fail to comply with these terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our
breaking this contract but we are not responsible for any loss or damage that
is not foreseeable. Loss or damage is foreseeable if either it is obvious that
it will happen or if, at the time the contract was made, both you and we knew
it might happen.
8.3. We
only supply products for domestic and private use. You agree not to use
products for any commercial, business or re-sale purposes without our prior
written consent. We have no liability to you for any loss of profit, loss of
revenue, loss of business, loss of contract, business interruption, or loss of
business opportunity.
9.
Intellectual Property
9.1. We
do not give you any right or interest in any copyright, trademark, design right
or any other intellectual property rights in any product nor the right to copy
them.
9.2. We
do not give any warranty or representation in respect of the trademarks or
trade names of any of the products or brands featured on the website.
10. Privacy policy
For information on how your personal
data is being processed in connection to the Site, please see our Privacy
policy.
11. Changes
to the Site and this Agreement
11.1. We
reserve the right to make changes to the Site or online policies.
11.2. We
may make changes also to this Agreement at any time, due to changes in
legislation or decisions on the part of the authorities, changes in taxes,
customs charges or other public fees which affect the prices of the products,
or reasons beyond their control, but if they do so they will notify you and you
may then contact them to end your agreement with them before the changes take
effect and receive a refund for any products paid for but not received.
11.3
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Site, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the information
on the Site at any time, without prior notice.
12. Jurisdiction and settlement of disputes
12.1. To
the extent permitted by law and without prejudice to any mandatory provisions
of consumer protection law of the country in which you have your place of
residence, if applicable, these terms are governed by Kenyan law and you can
bring legal proceedings in respect of the products in the Kenyan courts. This
does not affect any legal right you may have as a consumer to bring a claim in
your local jurisdiction.
12.2 Each of the paragraphs of these terms operates separately. If
any court or relevant authority decides that any of them are unlawful, the
remaining sections will remain in full force and effect.
13. Language
of this Agreement
The language is English.
14. Term and Termination
These Terms and Conditions shall remain in full force and effect while
you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND
CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND]
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party.
In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
15. Disclaimer
The site is provided on an as-is and as-available basis. You agree that
your use of the site and our services will be at your sole risk. To the fullest
extent permitted by law, we disclaim all warranties, express or implied, in
connection with the site and your use thereof, including, without limitation,
the implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. We make no warranties or representations about the
accuracy or completeness of the site’s content or the content of any websites
linked to the site and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials, (2) personal
injury or property damage, of any nature whatsoever, resulting from your access
to and use of the site, (3) any unauthorized access to or use of our secure
servers and/or any and all personal information and/or financial information
stored therein, (4) any interruption or cessation of transmission to or from
the site, (5) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through the site by any third party, and/or (6) any errors or
omissions in any content and materials or for any loss or damage of any kind
incurred as a result of the use of any content posted, transmitted, or
otherwise made available via the site. We do not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered by a
third party through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising, and we will not be a
party to or in any way be responsible for monitoring any transaction between
you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in
any environment, you should use your best judgment and exercise caution where
appropriate.
16. Indemnification
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach
of these Terms and Conditions; (4) any breach of your representations and
warranties set forth in these Terms and Conditions; (5) your violation of the
rights of a third party, including but not limited to intellectual property
rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our
defence of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
17. User Data
We will maintain certain data that you transmit to the Site for the
purpose of managing the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have
undertaken using the Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action against
us arising from any such loss or corruption of such data.
18. Miscellaneous
These Terms and Conditions and any policies or operating rules posted by
us on the Site constitute the entire agreement and understanding between you
and us. Our failure to exercise or enforce any right or provision of these
Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms and Conditions and does not
affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms and Conditions
or use of the Site. You agree that these Terms and Conditions will not be
construed against us by virtue of having drafted them.
You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
19. Contact Us
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
Yuuji
Shopping Ltd
Ngumu Hse
Kwa Shibu Rd
P.o Box
88424 80100
Mombasa
Tel:
0112291438
Email: info@yuujishopping.com
All the product prices and delivery charges are displayed in Shillings
(KES).