SHOPIZY Customer Terms and Conditions
This application software and any logos, designs, artwork, labels, symbols or any other product details not limited to those mentioned above are the sole property of ShopIzy Ltd. (“SHOPIZY” ), a company incorporated in Kenya. The use of the SHOPIZY Application is being made available through ShopIzy, (Kenya) Ltd. an affiliate of ShopIzy.
(1) Definitions and Interpretation:
Capitalized terms or phrases as used in the Customer Terms and Conditions (“Terms and Conditions
” ), if not defined in this section, shall have the meaning assigned to them in the sentence immediately preceding the bold alphabets enclosed within quotes (““),such as in the paragraph above. Additionally, in these Terms and Conditions, the following definitions apply:
“Account” refers to the user account that will be needed to create/register on ShopIzy’s mobile application to purchase and sell products through the ShopIzy platform.
“Business Day” refers to working days in Kenya and shall relate to Mondays to Friday, 8am to 5pm in Kenya.
“Conditions” refer to the terms of reference or use of ShopIzy Products in accordance with these Terms and Conditions.
“Contract” refers to the act of placing an order for a product(s) by a customer on ShopIzy’s platform in line with its Terms and Conditions followed by ShopIzy’s acceptance of the order in accordance with the process outlined in Clause 11 below.
“Customer” refers to a user, i.e. any person placing any order(s), which are accepted, on the ShopIzy Mobile App (“App” ).
“Order” Refers to the Order submitted by a customer on the App to purchase a product on our App.
“Order Confirmation” refers to the correspondence provided by ShopIzy to you, in which your Order is acknowledged and confirmation given that such Order has been placed in accordance with Clause 12 mentioned below.
The following rules will apply to these Terms and Conditions unless the context requires otherwise or unless it is expressly stated otherwise:
- Any references to “clauses” in this document refer to clauses stated within these Terms and Conditions;
- The singular includes the plural and conversely;
- A gender includes all genders;
- Where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- Mentioning anything after include, includes or including does not limit what else might be included;
- Circumstances Beyond Our Control (Force Majeure)
ShopIzy shall not be liable for any delay or failure to perform its obligations under a Contract which is caused by events beyond its reasonable control. Such events shall include strikes, lock outs and industrial actions, floods, earthquakes, firestorms, riots, terrorist attacks or threats of terrorist attacks, war or threats of war, non-functioning public transport or wireless or telecommunications or any change in acts, decrees or legislation governing the implementation of the Contract. If such force majeure lasts for more than one week, either you or ShopIzy may terminate the contract forthwith by written notice. You will be entitled to a refund only, in the event of non fulfilment of contract under this clause.
(3) Governing Law
These Terms and Conditions and the Contract between you and ShopIzy and all obligations arising directly or indirectly from them shall be construed in all respects in accordance with the laws of Kenya. All disputes between you and ShopIzy arising from them shall be subject to the exclusive jurisdiction of the courts in Kenya.
If any provision of the Terms and Conditions is found, by any court or administrative body of competent jurisdiction, to be invalid, unenforceable or in conflict with any applicable law, that provision shall be severed from the Terms and Conditions but the validity or enforceability of the remaining provisions shall not be affected and shall, as far as possible, remain in force.
If any provision of the Terms and Conditions is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid and enforceable.
No failure or delay by any party in exercising, wholly or partially, any of its rights with regard to any breach or default of these Terms and Conditions or of a Contract by the other party shall constitute a waiver of such rights. Further, no waiver of any such breach or default shall be deemed to constitute a waiver of (1) any other rights or; (2) any subsequent or continuing breach of default.
Customers cannot assign, transfer, change, sub contract or deal in any other similar manner with their rights or their obligations under these Terms and Conditions or under a Contract.
Nothing in the Terms and Conditions or in any Contract shall create or be deemed to create a partnership, an agency or an employer-employee relationship between a Customer, or any party and SHOPIZY.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
Notices given by post shall be deemed to have been served within 5 Business Days of being posted to the recipient’s address within Kenya.
Any notice given by email shall be deemed to have been served within 24hrs after the email is sent.
In proving such a service, it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
To effectively place an order with ShopIzy, you must be at least 18 years of age. In case you are under 18 and wish to use the App to make a purchase, you can only do so with the involvement and under the supervision of a parent or guardian.
Customers may not misuse the App in any way such as by transmitting or distributing any malware or virus, in any form, which is malicious, technologically harmful, in breach of confidence or offensive. Criminal misuse of the App is strictly prohibited. No person may hack into any aspect of the App, corrupt data, infringe any person’s proprietary rights, send unsolicited material or in any way interfere with the performance or functionality of any computer facilities accessed through the App. Any breach of these provisions shall be construed as a criminal act under applicable laws, including under the Computer Crime Act, in Kenya and offenders shall be subject to the strict penalties imposed therein.
(11) App Registration Process
To place an Order through SHOPIZY, Customers will have to register by creating an Account on the App through the different channels as mentioned on the App. You must also agree to only input into the App information which is completely accurate, true and up to date. You shall ensure this by agreeing to inform us in case of any changes, either by directly contacting us through our customer delight team email id: firstname.lastname@example.org or by updating the relevant sections of the App. Customers are not allowed to misuse the App through creation of multiple accounts.
(12) Order Confirmation and Delivery
To place an order on SHOPIZY, Customers will have to go through the order process on the App. After completing the process, customers will receive an Order Confirmation message through email and/or SMS which will act as an acknowledgement of the Order.
If the Order consists of more than one product, the products may be delivered in separate packages and at separate times to the Customer.
SHOPIZY offers its Customers several options for making payments.
Customers can pay using:
- SHOPIZY’s third party payment partners listed on the App (Safaricom’s M-Pesa, Airtel Money)
- Cash on delivery;
- Customers using wallet credit or promotional vouchers may also choose to pay only a part of the total price.
- Mastercard & VISA cards
SHOPIZY’s third party payment partners undertake all requisite measures to minimize the risk of unauthorized access and to address all safety and privacy concerns relating to your card data and usage. Cards are subject to validation checks and authorization by card issuers. If the required authorization is not received, then there may be no delivery, or significant delays, in delivery of the ordered product and neither SHOPIZY, nor its partners will be liable for the same, we will however suitably notify you regarding the same.
Post receipt of appropriate authorization by our third party payment partners, the payment will be authorized and when you will be required to click on the order button you are confirming that the card belongs to you or that you are the legitimate holder of the promotional voucher and that you have sufficient funds to pay for the Product (s) you have ordered.
While it will be our utmost effort to ensure that all descriptions, prices and payment related details remain dynamically updated on the App at all points in time, you agree and accept that since SHOPIZY is a dynamic marketplace, with several sellers listing their products at any given point in time, errors may take place. In such a scenario, if you place an Order and there is an error, we will make our best efforts to inform you at the earliest so that you can make an informed decision. In case we are unable to inform you of the same, we will treat the Order as cancelled. In the event that you cancel your Order before we have shipped it to you, but you have already paid for your Order, you will receive a full refund from SHOPIZY. In the event that you would like to obtain a specific tax invoice for your order, please write to email@example.com
(14) Order Refusal
Since SHOPIZY is a dynamic mobile marketplace, it reserves the right to withdraw any Product from the App at any time and/or remove or edit any material or content on the App and will not be held liable for doing so either by you or by any other third party. ShopIzy will make best efforts to always process all orders, but there may be exceptional circumstances wherein, we may not be able to or refuse to process an Order after we have sent you an Order Confirmation. We reserve the right to do the same at any time, at our sole discretion. ShopIzy will notify you of any order cancellation at the earliest, so as to minimize any inconvenience that may be caused. If any Order placed by you has been canceled by us for any reason, post the payment has been completed by you, we will ensure that you are refunded the full amount.
(15) Cancellation by Customer of a Non-Faulty Product:
If you wish to cancel your Order after it has been placed or after being paid for by you, please contact our Customer Delight Team on firstname.lastname@example.org For orders cancelled before dispatch, no cancellation fee will be applicable. In case the Order or a part of it has been dispatched and received by you, it will need to be returned back to SHOPIZY and such returns will take place, on the basis of SHOPIZY Returns and Refunds Policy. The Customer Delight Team and SHOPIZY, however, reserve the right to assess the returns and refunds on a case by case basis, as mentioned in the SHOPIZY Returns and Refunds Policy.
(16) ShopIzy Returns and Refunds Policies
SHOPIZY’s Refunds and Returns Policy has been separately published on the App and is a part of these Terms and Conditions. By accepting these Terms and Conditions, you are also agreeing to the SHOPIZY Refunds and Returns Policy.
(17) Delivery of Products
SHOPIZY will try its best to deliver the Product to you, at the shipping address, as specified and requested by you while placing the Order.
In case a specific delivery date has been specified by us during your checkout or through the delivery process on the App, we will try our best to deliver it to you within the stipulated timelines. However, we shall notify you if we expect any delays on our part. You accept that we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of any delayed delivery.
At the time of the delivery, you may be required by our third-party logistics partner’s team to sign the acknowledgment of the delivery. In case of any issues post-delivery, please feel free to contact SHOPIZY Customer Delight Team on email@example.com You must, however, comply with the requirements as specified by the Customer Delight Team as well as in SHOPIZY’s Returns and Refunds Policy. Should you face any inconveniences or difficulties during SHOPIZY’s Order fulfilment process and experience, do not hesitate to get in touch with us at the earliest.
Although the dynamic nature and functionality of the SHOPIZY App will ensure at any point in time whether the information entered by you corresponds to the locations that are available for delivery through our third-party logistics partners. In the unfortunate event that we are not able to communicate to you at the very outset that the Order cannot be delivered to your preferred location, we will ensure that we inform you of the same at the earliest using the contact details that you provide to us at the time of placing the Order and also arrange for either the cancellation of the Order or delivery to an alternate address, as mutually feasible to both parties.
Our third-party logistics partners and Customer Delight Team will do their best to ensure that the delivery takes place at a mutually convenient time and will make 3 attempts for each delivery. However, if delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not accept delivery or collect the Product from the carrier within the time period mutually agreed upon, or in case of cash on delivery, are unable to provide the required cash amount for delivery, we reserve the right to do either or both of the following:
- charge you for any fee and other costs incurred by us outside of the standard pickup and delivery costs that we incur with our third-party logistics partners;
- cancel the Contract, and refund you with an amount equal to the amount paid by you (in case of an online payment) minus any additional costs as incurred by us as mentioned above.
(18) The Product
By accepting these Terms and Conditions, you acknowledge:
- That the Products listed on the App are not custom made and cannot be tailored or altered to meet your requirements; and
- Once the Product has been delivered to you, any risk related to the Product passes to you and SHOPIZY will not be liable for any damage, destruction or loss to the Product thereafter.
As mentioned above in Payments, from time to time, SHOPIZY will make available promotional vouchers, discount coupons or e-gift cards which you can avail and use while making payments for Products that you purchase on the App, as below:
- You accept and agree that the credit provided to you through a promotional voucher neither accrues interest nor does it have any cash value. Further, SHOPIZY reserves the right, to be able to, at its sole discretion discontinue or cancel any voucher previously issued on the App and will not be responsible for any losses arising therefrom.
- Please note that the credit of a promotional voucher may be insufficient or not applicable to pay for the Order that you wish to place, in that scenario, you would be required to make up the difference in the amount using one of our accepted payment methods.
- Please be careful to note that in case you place an Order for a Product that is priced at less than the value of the promotional voucher you wish to redeem or avail of, SHOPIZY will not be able to refund or offer you residual credit.
- Promotional vouchers will be valid for the period specifically stated on the App and they can only be availed once. You may not be able to use them in conjunction with other promotional vouchers available to you through the App. You may also not be able to use them along with other discounted items as mentioned on the App. SHOPIZY also reserves the right to exclude individual brands or stores from certain voucher promotions as and when required based on our sales and marketing strategies. Information of the same, however, will be duly provided to you through the App.
- You can assign your rights to use your voucher or gift to someone other than you, who may then be able to use it.
- SHOPIZY reserves the right to close your Account or suspend your activities on the App in the event of discovery of any form of fraud, deception or suspicion of other illegal activities in connection with gift cards or vouchers on the App.
- SHOPIZY assumes no Liability for the loss, theft or illegibility of gift or promotional vouchers. In case of any issues arising in connection of the same, you are requested to get in touch with our customer Delight team at firstname.lastname@example.org we will try to assist you to the best of our abilities.
From time to time, SHOPIZY will make available to earn cashback to your ShopIzy account which you can avail and use while making payments for Products that you purchase on the App, as below:
- You accept and agree that the credit provided to you through cashback neither accrues interest nor does it have any cash value. Further, SHOPIZY reserves the right, to be able to, at its sole discretion discontinue or cancel any cashback previously issued on the App/Website and will not be responsible for any losses arising therefrom.
- Please note that the cashback given may be insufficient or not applicable to pay for the Order that you wish to place, in that scenario, you would be required to make up the difference in the amount using one of our accepted payment methods.
- Please note that cashback given is valid for one year from the received cashback date. Cashback not used within a year from the earned date, will automatically be deducted from your cashback account.
- You are not able to use cashback in conjunction with other promotional vouchers available to you through the App/Website. You can also not use them along with other discounted items as mentioned on the App/Website. SHOPIZY also reserves the right to exclude individual brands or stores from certain cashback promotions as and when required based on our sales and marketing strategies. Information of the same, however, will be duly provided to you through the App/Website.
- You are not able to use cashback in conjunction with a coupon on the same purchase. But you are able to earn cashback in conjunction with using a coupon on the same purchase.
- SHOPIZY reserves the right to close your Account or suspend your activities on the App/Website in the event of discovery of any form of fraud, deception or suspicion of other illegal activities in connection with cashback on the App/Website.
- SHOPIZY assumes no Liability for the loss, theft or illegibility of cashback. In case of any issues arising in connection of the same, you are requested to get in touch with our customer Delight team at email@example.com and we will try to assist you to the best of our abilities.
- Cashback cannot be used to buy e-gift cards. E-gift cards may only be purchased through debit card, credit card, PayPal or wallet credit and will be sent to you via email.
(21) Lipa Baadaye
From time to time, SHOPIZY will make available the ‘Lipa Baadaye’ option as a mode of payment for your transactions which you can avail and use on the website/app, as per the following conditions:
- This facility is available only to residents of Kenya above the age of 18.
- ShopIzy is not a licensed money lender and it assumes no advisory or fiduciary responsibility with respect to you in connection of its services. You are availing this credit at your own discretion.
- Please note that ShopIzy has the right to decide eligibility of account holders for ‘ShopIzy Lipa Baadaye’ as per its own discretion.
- Please note that you must pay your due amount on or before the date that will be informed to you at the time of placing the order.
- You can pay your due amount using all online and offline digital payment modes available on ShopIzy. Cash payment (COD) in part or full will not be accepted.
- ShopIzy reserves the right to alter or terminate this facility at its discretion.
- You cannot use ‘Lipa Baadaye’ in conjunction with another payment option at the time of checkout.
- ‘Lipa Baadaye’ cannot be used to buy e-gift cards. E-gift cards may only be purchased through debit card, credit card, PayPal or wallet credit and will be sent to you via email.
- You are able to avail ‘Lipa Baadaye’ only to the extent of the total monthly limit assigned to you.
- Lipa Baadaye availability can be limited to certain categories and certain sellers – as stated on each product page.
- You authorize us to charge an ‘Admin Fee’ as penalty in the case that you are not able to pay by the due date.
- Any returns will be subject to our Standard Returns Policy.
- ShopIzy reserves the right to pursue any remedy available to us in the case that you do not repay the amount within the agreed upon date, which could include terminating / suspending your account and could extend to taking Legal Action against you.
(22) Credit Financing
ShopIzy Ltd through its data analytics model, will be able to extend credit facilities to registered retailers as long as the stated conditions are met;
- This facility is available only to Kenyan based retailers.
- ShopIzy is not a licensed money lender and it assumes no advisory or fiduciary responsibility with respect to any retailer in connection of its services. Retailers will be availed this credit at their request and at ShopIzy Ltd discretion.
- The retailers who are eligible must be registered on the ShopIzy App for at least 6months.
- The retailers who are eligible must have been consistently selling on ShopIzy App for at least 6months
- ShopIzy will qualify retailers who are eligible for credit through a criterion under the data prediction model, which will be completely under the discretion of ShopIzy Ltd
- Please note that a retailer who has been awarded this credit must pay your due amount on or before the date that will be informed to you at the time of placing the order.
- You can pay your due amount using all online and offline digital payment modes available on ShopIzy. Cash payment (COD) in part or full will not be accepted.
- ShopIzy reserves the right to alter or terminate this facility at its discretion.
- Retailers are able to avail credit only to the extent of the total limit assigned to you according to the data analytics model.
- Credit Financing availability can be limited to certain sellers – as stated on the terms and conditions.
- ShopIzy Ltd is authorized to charge an ‘Interest Fee’ for each unit credit facility extended to retailers every time credit is awarded.
- ShopIzy Ltd is authorize to charge an ‘Admin Fee’ as penalty in the case that you are not able to pay by the due date.
- ShopIzy reserves the right to pursue any remedy available to retailers in the case that they do not repay the amount within the agreed upon date, which could include terminating / suspending your account and could extend to taking Legal Action against such retailers.
(23) Limitation of Liability
The following provisions shall set out the entire financial liability of SHOPIZY in relation to the Customers or any users of the App for breach of or in any way related to representations. Statements or tortious acts by SHOPIZY under these Terms and Conditions and the Contracts.
Except as expressly provided in the Terms and Conditions/Contracts, SHOPIZY and its suppliers/sellers, content providers and advertisers expressly exclude all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law
SHOPIZY shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the use of the SHOPIZY website or App and any materials posted there.
The Customer assumes all risks as to the sustainability, quality and performance of Service.
Customers agree to indemnify, defend and hold harmless SHOPIZY, its directors, officers, employees, consultants, agents and affiliates from any and all third-party claims and damages including costs (including but not limited to legal fees) arising from their use of the SHOPIZY website or App.
- Customer Delight
SHOPIZY takes great pride in being able to deliver Delight and provide the best possible service and experience to its customers, while fulfilling its obligations as stated in these Terms and Conditions.
Our Customer Delight Team is available to sort out all your issues in the event that the experience provided by us does not meet your expectations or satisfaction. In such an unlikely event, please feel free to contact us at any time by either writing to us at firstname.lastname@example.org or giving us a call at +254 0101 865 523 (this phone number will receive calls between 8:00 AM to 6:00 PM East African Time).
Please note for products that come with warranties from the actual brands or manufacturers, you will be required to contact the relevant brands or manufacturers directly as specified in the warranty cards or other such details provided by them.
To help us serve you better and resolve your issues at the earliest, please make sure to send us copies of the Order or at least the Order ID/SubOrder ID that we assign you in the Order Confirmation email and message. Should you not have received any response from us within 5 Business Days, owing to any unforeseen logistical, technical or other such difficulties, please don’t hesitate to contact us again.
SHOPIZY will comply with regulations relevant to its business and operations as published by the Office of The Consumer Protection Board while advertising on the SHOPIZY website, application or social media.
- Entire Agreement
In accepting these Terms and Conditions, you accept that you have not replied on any representations or implied statements by SHOPIZY and that your relationship with SHOPIZY is covered only by the express terms and conditions of this document.
SHOPIZY reserves the right to amend these Terms and Conditions at any time. Any such amendment will be posted on the SHOPIZY App and website. Continued use of the App or the website post amendment will deem to constitute acceptance of the new Terms and Conditions.
SHOPIZY reserves the right to withhold your ability to shop at SHOPIZY in case of any breach of these Terms and Conditions or any breach of your obligations of any Contract under these terms.
- TERMS OF SALE AGREEMENT
The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
In the event that either Party wishes to terminate this Agreement, that Party will be required to provide 30 days’ notice to the other Party.
Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in KES. (Kenya Shillings).
For the services rendered by the Service Provider as required by this Agreement, the Customer will be provided with compensation (the “Compensation”) to the Service Provider as follows:
Payments proceeds from every item sold will be remitted to the customer’s account twice every week which will be remitted by every Tuesday & Friday close of business
The above Compensation includes all applicable taxes, and duties as required by laws of Kenya
- Provision of Extras
The Customer will not provide any resources, assistance or extras for use by the Service Provider in providing the Services.
- Reimbursement of Expenses
The Service Provider will not be reimbursed for expenses incurred by the Service Provider in connection with providing the Services of this Agreement.
Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Customer which would reasonably be considered to be proprietary to the Customer including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer.
The Service Provider agrees that they will not disclose, divulge, reveal, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer. This obligation will survive indefinitely upon termination of this Agreement.
All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider.
- Return of Property
Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.
- Capacity/Independent Contractor
In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.[/vc_column_text][/vc_column]