Term & Conditions

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).