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The following Terms and Conditions apply between the seller, VALUESPOT Limited, P.O. Box 210-00505, Nairobi, Kenya (hereinafter also referred to as “we” or “VALUESPOT”) and the buyer, who is a consumer (hereinafter also referred to as “you”), for all purchase agreements made via the VALUESPOT website.

1. Conclusion of Contract

1.1. The products and services we offer in the VALUESPOT online shop solely represents a non-binding invitation for you to purchase merchandise from us.

1.2. By sending your order, you submit a binding offer to conclude a sales contract with us.

1.3 The acceptance of an offer through an order from the VALUESPOT online shop, will take place upon your receipt of the dispatch confirmation which must be made (due to the current safety standards for combating the Corona Virus and the resulting delayed processing) at the latest within 14 working days. The automatically generated order confirmation does not constitute acceptance of the offer. It merely documents the fact that we have received your order. We decide at our own discretion whether we will accept an order or not. If we are not able to accept your order, we will notify you immediately. In this case, we will reimburse you for any payments you have already made. If we reject an order because the payment method you selected cannot be used, and simultaneously offer you the option to use another payment method, then this constitutes a rejection of your order and a new offer that you can accept.

1.4 We only sell our merchandise to end consumers who are 18 years of age or older and only in standard commercial quantities.

1.5 The ordering process in our online shop comprises 3 steps. In the first step you select the desired merchandise. In the second step you must register and create a VALUESPOT account. The third step allows you to enter the billing and delivery addresses and select the desired payment method. When this process is complete you will be able to place your order with us. After you have submitted your order, you will have the opportunity to print it.

2. Voluntary Return

2.1 Independent of your legal right of revocation, we voluntarily offer you the option of returning products you purchase from us. For more details, refer to our ‘Returns and Refunds’ policy.

2.2 Beyond this, the legal right of revocation outlined in Item 3 applies.

3. Right of withdrawal

3.1 Right of withdrawal

These Terms and Conditions are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this contract at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products and services (or any part thereof).

You are entitled to revoke this contract. You can exercise your right of withdrawal by informing us with an unequivocal statement (e.g. a letter sent by post  or e-mail) about your decision to withdraw from this contract before the item is shipped. You can also exercise your right to return the goods after they were delivered in accordance with our ‘Returns and Refunds’ policy.

The withdrawal declaration or returns of goods are to be addressed to:

VALUESPOT Limited, 4th Floor, Laiboni Centre, Lenana Road, P.O. Box 21065-00505, Nairobi, Kenya

Phone: +254 795 353 546

E-mail: returns.exchanges@valuespot.africa

In order to comply with the revocation period, you only need to notify us that you are exercising this right of revocation, and this must ensue before expiry of the revocation period.

3.2 Effects of withdrawal

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this contract for all purposes. If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay in accordance with our ‘Returns and Refunds’ policy. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. We will withhold reimbursement until we have received the goods back and your request for refund has been reviewed for compliance with our ‘Return and Refunds’ policy.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 15 days from the day the delivery was made. The deadline is met if you send back the goods before the period of 15 days has expired. Returned goods must be in the quality and status as prescribed in our ‘Returns and Refunds’ policy.

3.3 Exclusion from the right of withdrawal

The right of withdrawal does not apply in the case of contracts for delivery of goods that were not prefabricated and which were produced according to your own individual selection or specifications or which were clearly customised according to the consumer’s personal requirements.

4. Shipping and Deliveries

5. Pricing and payment methods

5.1 The prices listed at the time of the order shall apply.

5.2 Merchandise may be paid for using one of the methods suggested in the order process under the Terms and Conditions outlined therein and in accordance with our ‘Privacy and Cookies Policy’. Regardless of the result of the review of your data (identity verification and creditworthiness check), we reserve the right to exclude certain methods of payment.

6. Disclaimer of warranties; Limitation of liabilities

6.1 We do not guarantee, represent, or warrant that your use of our website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.

6.2 You agree that from time to time we may remove products and services for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, our website is at your own risk. All products and services delivered to you through our website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

6.3 Under no circumstances shall VALUESPOT, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of website or any products and services purchased from our website, or for any other claim related in any way to your use of website or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility.

7. Indemnification

You agree to indemnify, defend and hold harmless VALUESPOT and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

8. Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

9. Copyright and Trademark

9.1 All of the contents of the website, including text, graphics, photos, images, videos, sounds, illustrations and software are our property or the property of affiliated companies, partners, licensees, and/or content providers. This content is protected by copyright and other laws. It may only be used with our express consent.9.2 All trademarks used on the website are our trademarks provided nothing to the contrary is stated. They may not be used without our prior written approval.

10. Applicable Law

10.1 The laws of the Republic of Kenya apply to our contract relationship with you. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

10.2 Any dispute arising between us from these Terms and Conditions shall be determined at first instance by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. In the default of settlement in the first instance by reference by either Party to arbitration by the Chartered Institute of Arbitrators.

11. Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the products and services following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

12. Contact information

Questions about the Terms and Conditions should be sent to us at contact information below:
4th Floor, Laiboni Centre
Lenana Road
P.O. Box 21065-00505
Nairobi, Kenya
Phone: +254 792 193 134
E-Mail: enquiries@valuespot.africa
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