This page (together with the documents it refers to) outlines the terms and conditions on which we grant you access to and use of our website mduka.net and the terms and conditions under which we supply any of the products (Products) listed on mduka.net to you. Please read these terms and conditions carefully before continuing to use Our Site or ordering any Products from Our Site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. The terms and conditions do not affect your statutory rights as a consumer
1 INFORMATION ABOUT US
Mduka.store (“Our Site”) is owned and operated by Twigalpha Company Limited (registered in Tanzania under tax identification number 128-200-142 and with its registered office on the 2nd floor of Capital Plaza, Mbezi Beach, Dar es Salaam) (called in this notice “Mduka”, “we”, “our” or “us”).
2 USE OF OUR SITE
2.1 By using Our Site you agree to be legally bound by these terms, which shall take effect immediately on your first use of Our Site. If you do not agree to be legally bound by all the following terms please do not access and/or use Our Site.
2.2 We may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Mduka. Your continued use of Our Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
2.3 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use Our Site content in any way (except for your own personal, non-commercial use). You also agree not to adapt, alter or create a derivative work from any Our Site content (except for your own personal,non-commercial use). Any use of Our Site content requires the prior written permission of Mduka.
2.4 You agree to use Our Site only for lawful purposes in accordance with these terms and condition, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of Our Site. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within Our Site.
2.5 Our Site content, including the information, names, images, pictures, logos and icons regarding or relating Mduka and/or its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2.6 Under no circumstances will Mduka be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise):
- loss of data;
- loss of revenue or anticipated profits;
- loss of business;
- loss of opportunity;
- loss of goodwill or injury to reputation;
- losses suffered by third parties; or
- any indirect, consequential, special or exemplary damages arising from the use of Our Site regardless of the form of action.
2.7 We do not warrant that functions contained in Our Site content will be uninterrupted or error free, that defects will be corrected, or that Our Site or the server that makes it available are free of viruses or bugs.
2.8 The names, images and logos identifying Mduka or third parties and their products and services are subject to copyright, design rights and trade marks of Mduka and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Mduka or any other third party.
2.9 Links on Our Site may lead to other websites. Mduka accepts no responsibility for the content, accuracy or function of such websites nor does Mduka endorse the contents of such sites.
2.10 Contributions to mduka.net
2.10.2 By submitting your contribution to this Site you:
- warrant that:
- your contribution is your own original work and that you have the right to make it available to Mduka for all the purposes specified above;
- is not defamatory;
- does not infringe any law; and
- indemnify Mduka against all legal fees, damages and other expenses that may be incurred by Mduka as a result of your breach of the above warranty; and
- waive any moral rights in your contribution for the purposes of its submission to and publication on this Site and the purposes specified above.
2.11.1 If there is any conflict between these terms and specific terms appearing elsewhere on this Site then the latter shall prevail.
2.11.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
2.11.3 These terms shall be governed by and interpreted in accordance with the laws of The United Republic of Tanzania.
3 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted (Order Confirmation). The contract between us (“Contract”) will only be formed when we send you the Order Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the order of such Products has been confirmed in a separate Order Confirmation.
4.1 Please refer to “Cancellations” in the Shipping Policy provided in the page footer.
5 EFFECT OF CANCELLATION & REFUND POLICY
5.1 If you cancel your order in accordance with these terms and conditions, we will reimburse to you all payments we have received from you (including, if applicable, the costs of delivery except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) in respect of the returned Products.
5.2 We may make a deduction from the reimbursement for any loss in value of any Products supplied, if the loss is the result of unnecessary handling. Unnecessary handling is any handling over and above what is necessary to establish the nature, characteristics and functionality of the products (i.e what you would do in a shop to inspect the products prior to purchase). For the avoidance of doubt, we will not refund Product(s) which have been opened or tampered with or which have been consumed in whole or in part (unless the Products are defective and such defect was only apparent on opening of the Product). It is your responsibility to ensure products are returned in suitable packaging, we will make a deduction from the reimbursement of any items returned damaged if they are not suitably packaged.
5.3 Please note that we may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent the Products back, whichever is the earliest. We will then reimburse you within 14 days of the earlier of these two events using the same means of payment used for the initial transaction, unless you have agreed otherwise.
5.4 We may have to cancel an order before the Products are delivered, due to an event outside our control or the unavailability of stock. We will promptly contact you if this happens. If we have to cancel an order and you have made any payment in advance for products that have not been delivered to you, we will refund these amounts to you.
Return of Faulty Goods
5.5 Please refer to “Warranty Returns” in the Shipping Policy attached on the page footer.
6.1 The Products shown on this website are a fair representation of the actual terms, although minor details may vary.
6.2 All Products offered are subject to availability. We will endeavour to identify any “out of stock” products on our website – occasionally, large or frequent orders might mean we run of stock during the trading day.
7 DOMESTIC AND INTERNATIONAL DELIVERIES
7.1 See the separate Shipping Policy, in the page footer.
8 RISK AND TITLE
8.1 The Products will be at your risk from the time of signed delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9 PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT if applicable but exclude delivery costs, which will be added to the total amount due as set out in clause 5.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
9.5 Payment for all Products must be by Paypal or the following credit or debit cards, Visa, Visa Delta, Visa Electron, MasterCard, Switch, Solo and American Express. Payment will be taken at the time of ordering.
9.6 You undertake that the details you provide to us for the propose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there is sufficient funds to cover the cost of the goods or services ordered.
10 IMPORT DUTY
10.1 Please refer to the Shipping Policy, in the page footer.
11 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you have any complaint about our service or product, we would very much like to hear from you. Please e-mail us at email@example.com or call us on +255 746 599 365 from 9am to 5pm Monday to Friday (except for Public Holidays).
13 ONLINE SECURITY
13.1 We use the latest Secure Server Technology to ensure that all data submitted through our website is protected to the highest standards. Secure Socket Layer (SSL) encryption is used to ensure that all credit card and transactional information is secure. You can tell when the web page your using is secure as the letters ‘https’ will replace ‘http’ in the browser address window. You will also notice a yellow padlock appear either next to your browser address window or at the bottom of your browser window.
13.2 If you have any specific questions – contact us directly by e-mail at firstname.lastname@example.org or call us on +255 746 599 365 9am to 5pm Monday to Friday (excluding public holidays).
14 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
15 LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by Tanzanian law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Tanzania.
16.1 If there is any conflict between these terms and specific terms appearing elsewhere on our Site then the latter shall prevail.
16.2 If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
17 PRODUCT PHOTOGRAPHY
17.1 Product images shown on the website are for reference purposes only and may not reflect the true size, shape or colour of the product.
Last updated on 6th June 2019.