Business to Business Terms & Conditions of Sale
Standard Terms And Conditions For Sale Of Goods Of diJikoni – Tukule Hepi! DiJikoni is an E-commerce portal and brand of East Africa Glassware Mart Ltd.
INDEX
1. DEFINITIONS
2. GENERAL
3. PRODUCT INFORMATION
4. PRICE AND PAYMENT
5. DELIVERY SERVICE
6. RISK
7. TITLE
8. RETURNS POLICY
9. WARRANTY
10. LIABILITY
11. LIMITATION OF LIABILITY
12. FORCE MAJEURE
13. RELATIONSHIP OF PARTIES
14. WAIVER
15. SEVERABILITY
16. INTELLECTUAL PROPERTY AND THE RIGHT TO USE IT
17. WEBSITE USE AND LINKS
18. GOVERNING LAW AND JURISDICTION
1 DEFINITION
In this document the following words shall have the following meanings:
1.1 “Buyer” means the organization or person who buys Goods from the Seller;
1.2 “Goods” means the articles to be supplied to the Buyer by the Seller;
1.3 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 “Seller” means DiJikoni by East Africa Glassware Mart Ltd
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 These Terms and Conditions are available on request by email from the Seller or can be viewed online at diJikoni.com. The Seller reserves the right to amend the Terms and Conditions from time to time without directly notifying previous Buyers.
2.3 Acceptance of sales order confirmation or pro forma invoice of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
3 PRODUCT INFORMATION
3.1 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
3.2 The final products are as supplied by the manufacturer with their standards and production materials.
3.2 The Seller reserves the right to alter prices or withdraw products from time to time without directly notifying previous Buyers. Products illustrated in all of the Seller’s literature and websites are done so as accurately as modern reproduction methods will allow. It is the responsibility of the buyer to check the desired colour match before purchasing, It is also the responsibility of the buyer to check the suitability of the product size before purchasing.
4 PRICE AND PAYMENT
4.1 The price shall be that in the Seller’s website on the day of the transaction. The price is inclusive of VAT or any other applicable costs.
4.2 Payment of the price and VAT and any other applicable costs shall be done on placing of the order.
4.3 The terms of payment shall be strictly in advance on confirming an order by digital means as specified on the website.
5 DELIVERY SERVICE
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller.
5.2 Standard delivery is conducted using a third-party courier. Delivery times vary according to each mode of transportation as detailed below:
• Parcel (third party courier) up to 5 days
• Truck (third party courier) up to 10 days, the mode of transportation is determined by the size of the Goods and is confirmed on order.
NB, Should the Buyer require additional delivery services which are not covered by the standard delivery terms such as date-specific, on-site product placement and packaging removal either or both of the following two options must be selected by the Buyer during the order review/checkout:
• ‘Express Delivery’ – for day-specific delivery requirements
A sales representative from the Seller will contact the Buyer to discuss additional delivery services required are priced on the application and upon acceptance from the Buyer, such charges will be added to a standard delivery charge.
5.3 The delivery period specified by the Seller is an estimate only and shall not be of the essence of the contract.
5.4 The Seller shall use its reasonable endeavours to meet any stated delivery period or booked delivery date. In any event, time of delivery period or delivery booking shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery period or date.
5.5 If the Seller is unable to commence delivery of the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected.
6 RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller’s premises.
7 TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
8 DIJIKONI RETURNS POLICY
This return policy is applicable within Kenya
8.1 Accepted conditions of returns:
8.1.1 Manufacturing defect
8.1.2 Missing Product
8.1.3 Physically Damaged at the time of delivery
8.1.4 Different Products from ordered products
8.1.5 Report returns at diJikoni.com or the diJikoni app within 24 hours from delivery of the products.
8.2 non-Acceptable conditions of Returns:
8.2.1Items labelled as Non- Returnable
8.2.2Damage due to customer handling or during customer’s possession.
8.2.3 Different products from Delivered Products
8.2.4 Delivered product as per the order
8.2.5 Products without purchase proof
8.2.6 Products delivered outside Kenya
8.2.7 Report of returns at diJikoni.com or the diJikoni app after the lapse of 24 hours of delivery.
8.3 How to Return:
8.3.1 Report your return request at dijikoni.com with your registered mail and mobile no within 24 hours from the date of delivery.
8.3.2 State the reason for the return. Please read the conditions of returns before reporting.
8.3.3 Customer Representative will call to facilitate your return
8.3.4 Send your returns in their original packaging with a barcode on the pack or products along with proof of purchase.
8.3.5 Full Refund will be done within 14 days from receipt of returned products provided the return products meet the above eligible conditions.
8.3.6 You can opt to keep the refund in your Wallet at diJikoni.com for future purchase
8.3.7 A full refund will be given for the product
9 LIABILITY
9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, before the making of this contract where such representations were made or given concerning:
9.1.1 the correspondence of the Goods with any description;
9.1.2 the quality of the Goods; or
9.1.3 the fitness of the Goods for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
9.2.1 the correspondence of the Goods with any description;
9.2.2 the quality of the Goods; or
9.2.3 the fitness of the Goods for any purpose whatsoever.
9.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
10 LIMITATION OF LIABILITY
10.1 Where any court or arbitrator determines that any part of Clause 9 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
10.2 Nothing contained in these Terms and Conditions shall be construed to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
12 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
13 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
14 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15 INTELLECTUAL PROPERTY AND THE RIGHT TO USE IT
The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller’s literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
16 WEBSITE USE AND LINKS
16.1 Access to and use of the Sellers’ websites are subject to these Terms and Conditions. The Buyer agrees that the use of these website services is entirely at the risk of the Buyer.
16.2 By using the Sellers websites the Buyer agrees not to attempt to undermine the website’s functionality and integrity
16.3 The Sellers’ websites may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
17 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Kenya and the parties hereby submit to the exclusive jurisdiction of the Kenyan courts.