1823 General Terms and Conditions of Use of the Selling platform for Buyers and Third parties

1.    Introduction

1.1.  1823 shopping tavern Limited (“1823 shopping bar”, “1823” or “we”) operates an e-commerce platform consisting of a website and web application (“selling platform”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Kenya (“territory”).

1.2.   These general terms and conditions shall apply to buyers and sellers on the selling platform and shall govern your use of the selling platform and related services.

1.3.   By using our selling platform, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our selling platform.

1.4.    If you use our selling platform in the course of a business or other organizational project, then by so doing you:

    1.4.1. confirm that you have obtained the necessary authority to agree to these general terms and conditions;

    1.4.2. Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and

    1.4.3. Agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

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2. Registration and account

2.1.    You may not register with our selling platform if you are under 18 years of age (by using our selling platform or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

2.2.    You may register for an account with our selling platform by completing and submitting the registration form on our selling platform.

2.3.    You represent and warrant that all information provided in the registration form is complete and accurate.

2.4.    If you register for an account with our selling platform, you will be asked to provide an email address/user ID and password and you agree to:

   2.4.1.1.     keep your password confidential;

   2.4.1.2.     Notify us in writing immediately (using our contact details provided at section 23) if you become aware of any disclosure of your password; and

   2.4.1.3.     Be responsible for any activity on our selling platform arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.

2.5.    Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

2.6.    We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.

2.7.    You may cancel your account on our selling platform by contacting us as provided at section 23.

3. Terms and conditions of Purchase

3.1.    You acknowledge and agree that:

3.1.1. The selling platform provides our office location for sellers to sell and buyers to purchase products;

3.1.2. we shall accept binding sales 1823 shopping bar is not a party to the transaction between the seller and the buyer; and

3.1.3. A contract 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 product or products, upon the buyer’s confirmation of purchase via the selling platform.

3.2.    Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

3.2.1. the price for a product will be as stated in the relevant product listing;

3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;

3.2.3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;

3.2.4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or  made available by the seller to the buyer; and

3.2.5. The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

4. Returns and refunds

4.1.    Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the selling platform, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the Republic of Kenya.

4.2.    Refunds in respect of returned products shall be managed in accordance with the refunds page on the selling platform, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the Republic of Kenya. We may offer refunds, in our discretion:

4.2.1. in respect of the product price;

4.2.2. Local shipping fees (as stated on the refunds page); and

4.2.3. By way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.

4.3.    Returned products shall be accepted and refunds issued by 1823 shopping bar.

4.4.    Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

5. Payments

5.1.    You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the selling platform.

6. Use of website and web applications.

6.1.    In this section, words “selling platform” and “website” shall be used interchangeably to refer to 1823 shopping bar’s websites and web applications.

6.2.    You may:

6.2.1. View pages from our website in a web browser;

6.2.2. download pages from our website for caching in a web browser;

6.2.3. Print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive;

6.2.4. Stream audio and video files from our website using the media player on our website; and

6.2.5. Use our selling platform services by means of a web browser, subject to the other provisions of these general terms and conditions.

6.2.6. Except as expressly permitted by section 6.2 or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.

6.2.7. You may only use our website for your own personal and business purposes in respect of purchasing products or using a service offered, clearly defined on the selling platform.

6.2.8. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.

6.3.    You must not:

6.3.1. Sell, rent or sub-license material from our website;

6.3.2. show any material from our website in public;

6.3.3. Exploit material from our website for a commercial purpose; or

6.3.4. Redistribute material from our website.

6.4.    Notwithstanding section 6.6, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

6.5.    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

6.6.    You must not:

6.6.1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

6.6.2. use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

6.6.3. hack or otherwise tamper with our website;

6.6.4. probe, scan or test the vulnerability of our website without our permission;

6.6.5. circumvent any authentication or security systems or processes on or relating to our website;

6.6.6. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

6.6.7. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

6.6.8. decrypt or decipher any communications sent by or to our website without our permission;

6.6.9. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

6.6.10  access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

6.6.11 violate the directives set out in the robots .txt file for our website;

6.6.12 use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

6.6.13 Do anything that interferes with the normal use of our website.

7. Copyright and trademarks

7.1     Subject to the express provisions of these general terms and conditions:

7.1.1  we, together with our licencors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

7.1.2  All the copyright and other intellectual property rights in our website and the material on our website are reserved.

7.2     1823 shopping bar’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

7.3    The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

8. Data privacy

8.1    Buyers agree to processing of their personal data in accordance with the terms of 1823 shopping bar’s Privacy and Cookie Notice.

8.2    1823 shopping bar shall process all personal data obtained through the selling platform and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

8.3      We shall protect and prevent misuse of personal data and 1823 shopping bar shall bear no liability to buyers in respect of any misuse by third party of their personal data.

9. Due diligence and audit rights

9.1  We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the selling platform.

9.2   You agree to provide to us all such information, documentation and access to your business premises as we may require:

9.2.1 in order to verify your adherence to, and performance of, your obligations under this Agreement;

9.2.2   for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or

9.2.3   As otherwise required by law or applicable regulation.

10. 1823 shopping bar’s role as a selling platform

10.1     You acknowledge that:

10.1.1   We do not confirm the identity of all selling platform users, check their credit worthiness or bona fides, or otherwise vet them;

10.1.2   we do not check, audit or monitor all information contained in listings;

10.1.3   we are not party to any contract for the sale or purchase of products advertised on the selling platform;

10.1.4   we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a selling platform for buyers and sellers and process payments on behalf of sellers;

10.1.5    we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our selling platform; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

10.2     We do not warrant or represent:

10.2.1     the completeness or accuracy of the information published on our selling platform;

10.2.2     that the material on the selling platform is up to date;

10.2.3     that the selling platform will operate without fault; or

10.2.4     That the selling platform or any service on the selling platform will remain available.

10.3      We reserve the right to discontinue or alter any or all of our selling platform services, and to stop publishing our selling platform, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any selling platform services, or if we stop publishing the selling platform.

10.4     We do not guarantee any commercial results concerning the use of the selling platform.

10.5     To the maximum extent permitted by applicable law and subject to section 11.1 below, we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our selling platform and the use of our selling platform.

11. Limitations and exclusions of liability

11.1     Nothing in these general terms and conditions will:

11.1.1. limit any liabilities in any way that is not permitted under applicable law; or

11.1.2. Exclude any liabilities or statutory rights that may not be excluded under applicable law.

11.2.    The limitations and exclusions of liability set out in this section 11 and elsewhere in these general terms and conditions:

11.2.1. are subject to section 11.1; and

11.2.2. Govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions.

 11.3.    In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

11.4.    Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the selling platform shall constitute a separate contract for the purpose of this section 11.4.

11.5.    Notwithstanding section 11.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of;

11.5.1. any losses occasioned by any interruption or dysfunction to the website;

11.5.2. any losses arising out of any event or events beyond our reasonable control;

11.5.3. business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

11.5.4. any loss or corruption of any data, database or software; or

11.5.5. Any special, indirect or consequential loss or damage.

11.6.    We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the selling platform or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 11.7.    Our selling platform includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

12. Indemnification

12.1     You hereby indemnify us, and undertake to keep us indemnified, against:

12.1.1  any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our selling platform or any breach by you of any provision of these general terms and conditions or the 1823 shopping bar codes, policies or guidelines; and

12.1.2  VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our selling platform, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

13. Breaches of these general terms and conditions

13.1    If we permit the registration of an account on our selling platform it will remain open indefinitely, subject to these general terms and conditions.

13.2    If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any 1823 shopping bar codes, policies or guidelines in any way we may:

13.2.1 temporarily suspend your access to our selling platform;

13.2.2 permanently prohibit you from accessing our selling platform;

13.2.3 computers using your IP address from accessing our selling platform;

13.2.4 contact any or all of your internet service providers and request that they block your access to our selling platform;

13.2.5 suspend or delete your account on our selling platform; and/or

13.2.6 commence legal action against you, whether for breach of contract or otherwise

13.3    Where we suspend, prohibit or block your access to our selling platform or a part of our selling platform you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Entire agreement

14.1    These general terms and conditions and the 1823 shopping bar codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our selling platform and shall supersede all previous agreements between you and us in relation to your use of our selling platform.

15. Hierarchy

15.1   Should these general terms and conditions, the seller terms and conditions, and the 1823 shopping bar codes, policies and guidelines be in conflict, these terms and conditions, the seller terms and conditions and the 1823 shopping bar codes, policies and guidelines shall prevail in the order here stated.

16. Variation

16.1.  We may revise these general terms and conditions, the seller terms and conditions, and the 1823 shopping bar codes, policies and guidelines from time to time.

16.2.  The revised general terms and conditions shall apply from the date of publication on the selling platform.

17. Severability

17.1  If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2   If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Assignment

18.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

18.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

19. Third party rights

19.1  A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2  The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.

20. Law and jurisdiction

  20.1  These general terms and conditions shall be governed by and construed in accordance with the laws of the republic of Kenya.

  20.2   Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the Republic of Kenya

21. Our company details

  21.1.  Email: [email protected]

  21.2.   Phone: 0745636000

  21.3.   Whatsapp: 0745636000

  21.4.   Location- Marcus Garvey Road, Marcus Gardens, Unit 301.

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