Terms & Conditions

Terms & Conditions

AfryKart.com is a site operated by Pacific Ideas Limited.

We are registered in Uganda and our registered office at 302h, 3rd Floor, Mukwano Courts, Buganda Road, Kampala. Uganda.

Our main trading address is: 302h, 3rd Floor, Mukwano Courts, Buganda Road, Kampala. Uganda.

Our VAT number is 1014112286

We are regulated by Republic of Uganda.

These are the terms and conditions of our agreement which apply to all purchases of products by you from afrykart.com and you should read them carefully. We may vary these terms from time to time and therefore you should check them before you make a new purchase.

Acceptance of order and pricing

You can submit an order for precuts to AfryKart.com by completing the details required on the order checkout page. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address before we accept the order. We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit/credit card charged. All prices are reflected in UGX and USD (whichever currency selected during purchase) and include VAT where applicable, providing delivery is to a location in Uganda. We are under no obligation to accept  your order, but would normally do so where the product is available, the order reflects current pricing and your credit / debit card or DirectPay payment is approved by DirectPay or your credit card/debit card company. Goods supplied are not for resale. We will notify you of our acceptance of your offer to purchase by email shortly after we receive it and at that point a binding agreement between us will be in place on these terms and conditions. If we do not accept your order for any reason or the price of the product has increased between the time of the order and our acceptance of it (or if a supplementary delivery charge applies), we will email you to advise you of the change. You will then need to resubmit your order. Credit card, debit card and mobile money payments authorised by our payment provider  are acceptable as payment for orders via this site. Gift vouchers (paper) are not redeemable online. To spend a gift voucher, please visit any of our branches.

Payment

 For standard delivery we will charge your account for payment at the time that the order is dispatched for delivery to you. We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorized access to any information you provide via such link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/ debit card or Direct Pay account.

ORDER CANCELLATION

We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

All payments are non-refundable unless:-

  1. a) The product is not functional / spoilt at the time of delivery.

* The Estimated delivery time (ETA) for your purchase will be sent to you as soon as we receive your full payment.

RETURN INFORMATION

We have a “no questions asked return and refund policy” which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of PACIFIC IDEAS LIMITED. Such disclosure, submission or offer of any Comments shall constitute an assignment to PACIFIC IDEAS LIMITED of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PACIFIC IDEAS LIMITED owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PACIFIC IDEAS LIMITED will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. PACIFIC IDEAS LIMITED is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. PACIFIC IDEAS LIMITED does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant PACIFIC IDEAS LIMITED the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify PACIFIC IDEAS LIMITED and its affiliates for all claims resulting from any Comments you submit. PACIFIC IDEAS LIMITED and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, AFRYKART and/or PACIFIC IDEAS LIMITED and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless AFRYKART, PACIFIC IDEAS LIMITED, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to AFRYKART or PACIFIC IDEAS LIMITED or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement. 

Copyright & Trademark

PACIFIC IDEAS LIMITED and AfryKart, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of PACIFIC IDEAS LIMITED or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to PACIFIC IDEAS LIMITED from AfryKart. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of PACIFIC IDEAS LIMITED and/or AfryKart. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of AfryKart, PACIFIC IDEAS LIMITED, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply PACIFIC IDEAS LIMITED or AfryKart endorsement, sponsorship or recommendation of the third party, information, product or service. PACIFIC IDEAS LIMITED or AFRYKART is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of AFRYKART or its licensees and suppliers and protected by Ugandan and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PACIFIC IDEAS LIMITED, one of its affiliates or by third parties who have licensed their materials to PACIFIC IDEAS LIMITED and are protected by Ugandan and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of AFRYKART and PACIFIC IDEAS LIMITED and is also protected by Ugandan and international copyright laws.

You Agree and Confirm

  1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by PACIFIC IDEAS LIMITED for redelivery shall be claimed from you.
  2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
  3. You will provide authentic and true information in all instances where such information is requested of you. PACIFIC IDEAS LIMITED reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
  4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects./li>
  6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Interfering with any other person’s use or enjoyment of the Site.
  5. Breaching any applicable laws;
  6. Interfering or disrupting networks or web sites connected to the Site.
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colors

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Modification of Terms & Conditions of Service

PACIFIC IDEAS LIMITED may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

 

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Republic of Uganda. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Uganda and to waive any objections based upon venue.

Legal disputes

If a dispute arises between you and ‘AfryKart’, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ‘AfryKart’ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.

Limitation of liability

The buyer and seller both agree that afrykart.ug would be held free from any liability in contract, pre-contract or other representations, in tort, including, without limitation, negligence, or otherwise out of or in connection with the terms and conditions for any economic losses, such as, but not limited to profits, anticipated savings, revenues, contracts or general business; loss of goodwill or reputation; and any special or indirect losses suffered or incurred by any of the parties arising out of or in connection with the provisions of any matter under these terms and conditions. The buyer and the seller accept that the AfryKart.ug will not be responsible or liable for any loss of content or materials uploaded or transmitted through the website and accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site. The buyer and the seller accept that the AfryKart.ug does not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. In addition, the Site and the services are provided "as is, where is" and as and when available, and to the extent permissible by law all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation, any terms as to skill and care or timeliness of performance, are excluded.

Applicable law and jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in the Republic of Uganda. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Uganda and to waive any objections based upon venue.

Arbitration

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Uganda in English and governed by Ugandan law pursuant to the Arbitration and Conciliation Act of Uganda 2008, as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Uganda and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Severability

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

Termination

This User Agreement is effective unless and until terminated by either you or PACIFIC IDEAS LIMITED. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. PACIFIC IDEAS LIMITED may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to PACIFIC IDEAS LIMITED. Upon any termination of the User Agreement by either you or PACIFIC IDEAS LIMITED, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. PACIFIC IDEAS LIMITED’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Contact Us

If you have any questions about this Agreement, please contact us filling this contact form 

All rights reserved. Reproduction of this website or any materials relating to Afrykart in whole or in part by any means is prohibited without the prior written permission of Afrykart.