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 purchases.
Our Address is as follows:
Yuuji Shopping Ltd
Ngumu Hse Kwa Shibu Rd
P.O Box 82712 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 1 day from receipt of the 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 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
The 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 10% commission on all sales via our platform.
3.4.3
We will pay our vendors 7 days after the 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 82712 80100
Mombasa
Tel: 0112291438
Email: info@yuujishopping.com
All the product prices and delivery charges are
displayed in Shillings (KES).
You need to Sign in to view this feature
This address will be removed from this list
english
