Terms and condition for merchant

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Terms and Conditions of this site

Introduction

1.1. This website can be accessed at www.zandaux.com, is owned by Zandaux B.V. (”we”, “us” and “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 or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree 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 but is not limited to agricultural commodities and equipment, household appliances, electronics, automotive parts and accessories, health and beauty products, books, toys, and more (“Goods”).

1.5 Zandaux allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Zandaux will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Zandaux. This will be made clear in the relevant clause.

2 Important Notice

2.1. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

i. may limit the risk or liability of Zandaux or a third party; and/or

ii. may create risk or liability for the user; and/or

iii. may compel the user to indemnify Zandaux or a third party; and/or

iv. serves as an acknowledgement, by the user, of a fact.

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

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

2.4. Zandaux 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 Registration and use of the website

3.1 Only registered users may order Goods on the Website.

3.2 To register as a user, you must provide personal details requested on the registration form which may include a unique username and password.

3.3 You agree to notify Zandaux immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.4 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 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

3.5 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, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein

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

3.7 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 Zandaux.

4 Conclusion of sales and availability of stock

4.1 Registered users may place orders for Goods at Zandaux.com which Zandaux or the Third Party Seller may accept or reject. Whether or not Zandaux or the Third-Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods and receipt of payment or payment for the Goods.

4.2 NOTE: Zandaux or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Zandaux or the Third Party Seller come into effect (the “Sale”). In the case of rejection, Zandaux will indicate the rejection by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

4.3 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

4.4 Placing Goods in a Wishlist or 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 or the price thereof might change without notice to you. You cannot hold Zandaux or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

4.5 You acknowledge that the stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Zandaux, Zandaux will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers thereof are discontinued on the Website.

4.6 In the case of Goods for sale by a Third-Party Seller, Zandaux relies on inventory information supplied by the relevant Third-Party Seller and Zandaux accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third-Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third-Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.

5 Payment

5.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

5.2 Whether the Goods are for sale by Zandaux or a Third-Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) -

5.2.1 MPESA Paybill

5.2.2 debit card

5.2.3 credit card

5.2.4 direct bank deposit or electronic funds transfer

5.2.5 Instant EFT

5.2.6 In all of the above payment options, Zandaux will not accept your order if payment has not been received;

5.2.7 Where payment is made by debit card or credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be cancelled. You warrant that you are fully authorized to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

5.3 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

6 Delivery of goods

6.1 Zandaux offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

7.1,1, Sendy (https://www.sendyit.com/)

6.1.1 self-collection.

6.2 Where it accepts your order, Zandaux or the Third-Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period.

6.3 Zandaux’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Zandaux is not responsible for any loss or unauthorized use of a product after it has been delivered the product to the physical address nominated by you.

7 Errors

7.1 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.

7.2 Zandaux shall not be bound by any incorrect information regarding Goods displayed on any third-party websites.

8 Third Party Sellers

8.1 Zandaux will indicate on relevant product pages and checkout pages when Goods are for sale by a Third-Party Seller. In such cases Zandaux only provides the platform to facilitate transactions between Third Party Sellers and Zandaux customers.

9 Privacy policy

9.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

9.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -

9.2.1 your name and surname;

9.2.2 your email address

9.2.3 your physical address

9.2.4 your mobile number

9.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

9.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

9.5 Subject to clause 15.6 below, we will not, without your express consent:

9.5.1 use your personal information for any purpose other than as set out below:

9.5.1.1 in relation to the ordering, sale and delivery of Goods;

9.5.1.2 to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

9.5.1.3 to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them

9.5.1.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

9.5.1.5 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

9.5.1.6 to any Third-Party Seller for purposes of sending you an invoice for any Goods purchased from such Third-Party Seller, which disclosed information will be limited to your email address

9.6 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

9.7 We will -

9.7.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

9.7.2 take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

9.7.3 provide you with access to your personal information to view and/or update personal details;

9.7.4 promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;

9.7.5 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

9.8 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

9.9 Zandaux undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

9.10 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

9.11 This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.

10 Changes to these Terms and Conditions

10.1 Zandaux 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.

10.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. 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.

11 Electronic communications

11.1 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

12 Ownership and copyright

12.1 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 Zandaux, its advertisers and/or sponsors and/or is licensed to Zandaux.

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

12.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.

12.4 Where any of the Website Content has been licensed to Zandaux or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

13 Disclaimer

13.1 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.

13.2 Whilst Zandaux takes reasonable measures to ensure that the content of the Website is accurate and complete, Zandaux 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. If any such representations or warranties are made by Zandaux’s representatives, Zandaux shall not be bound thereby.

13.3 Zandaux disclaims liability for any damage, loss or expenses, 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 unless otherwise provided by law.

13.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself 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, as may be allowed in law.

13.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Zandaux 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, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, 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, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Zandaux, its employees, agents or authorized representatives. Zandaux 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.

14 Linking to third party websites

14.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and Zandaux is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.

14.2 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.

15 Limitation of liability

15.1 Zandaux 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 Zandaux, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

15.2 Zandaux shall not 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.

15.3 You hereby indemnify Zandaux 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.

16 Availability and termination

16.1 We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

16.2 Zandaux may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Zandaux 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, to the extent possible.

16.3 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, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

16.4 Zandaux is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Zandaux, in whole or in part, on notice to you. Zandaux shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

16.5 At any time, you can choose to stop using the Website, with or without notice to Zandaux.

17 Governing law and jurisdiction

17.1 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 Kenya. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the Kenyan courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

18 Notices

18.1 Zandaux hereby selects Racecourse Estate, C35, Ngong' Road, Nairobi Kenya, email:[email protected] as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Zandaux may change this address from time to time by updating these Terms and Conditions.

18.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Zandaux not less than 7 days’ notice in writing.

18.3 Notices must be sent either by hand, or email and must be in English. All notices sent -

18.3.1 by hand or by email will be deemed to have been received on the date of delivery;

18.3.2 by email will be deemed to have been on the date indicated in the “Read Receipt” notification.

19 General

19.1 Zandaux 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.

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

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

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

19.1.4 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.

19.1.5 No indulgence, extension of time, relaxation or latitude which any party may show grant or allow to the other 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.

19.1.6 These Terms and Conditions contain the whole agreement between you and Zandaux and no other warranty or undertaking is valid, unless contained in this document between the parties.

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