TERMS AND CONDITIONS
1.1 Please carefully read the Terms and Conditions below before placing an order for any of the products from the Twiga application or website.
1.2 By placing an order for any of the products from this application or website, whether by phone or computer you agree to be bound by these Terms and Conditions.
1.3. These Terms and Conditions describe the general online ordering and delivery terms and conditions between us and you and the different rights and obligations of both parties.
1.4. Subject to applicable laws and legal regulations in force, we may, in our discretion, from time to time amend or modify the Terms and Conditions. We recommend that you carefully read these Terms and Conditions, each time you order online, as they may affect your rights.
2. Registration and account
2.1. Our application or website shall only be used by persons above the age of 18 and by registering with us or agreeing to these terms and conditions implies to us that you are of consent age.
2.2 You may register for an account with our platform by completing and submitting the registration form and that all information provided in the registration form is complete and accurate.
2.4. If you register for an account with our platform you will be asked to provide an email address/user ID and password and you agree to keep your password confidential.
2.4.2 You should notify us in writing immediately using our contact details provided if you become aware of any disclosure of your password and be responsible for any activity on our 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 authorise any third party to manage your account on your behalf this shall be at your own risk.
3. Terms and Conditions of Sale
3.1. You acknowledge and agree that;
3.1.1. the platform provides an online location for buyers to order for products through our authorised contacts that appear on our website.
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 includes all taxes and complies with applicable laws in force from time to time.
3.2.3. You shall be responsible for payment of delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges. These will be payable by the buyer if this is expressly and clearly stated in the product listing.
4. Returns and refunds
4.1 Twiga only stocks and sells brand new, authentic products and buyers will always receive their products in a pristine condition sealed retail packaging.
4.2. When ordering with us, we are agreeing to sell products in the aforementioned condition to the customer for the advertised price. Once the sale is completed, the product and its packaging become the property and sole responsibility of the customer.
4.3. There is also no way for Twiga to ascertain if the product has been accidentally damaged, i.e. due to dropping, without opening the packaging to inspect the product.
For these reasons, we do not facilitate returns and refunds.
*This does not apply in the unlikely event that your product encounters a genuine manufacturing defect, which is covered by manufacturer warranty. In such cases, Twiga will always endeavour to resolve the problem as quickly as possible.
5.1. The Agreement that’s entered into by virtue of orders made for our goods and services on our application/website is between you and Twiga. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to effect the payment.
5.2. All prices listed on the application/website are correct at the time of publication; however, we reserve the right to change these in the future. Prices are inclusive of the relevant taxes and exclusive of delivery charges which shall be communicated after placing your order and shall be based on the distance to the location/ place of delivery of the order. We also reserve the right to change the products available for sale on the application/website
5.3. All prices listed on the application/website for our products are updated. However, in case the price listed is not current we will immediately contact you after placing the order and you can choose to opt-out of the order.
5.4. The total price for products ordered, including delivery charges and other charges, will be displayed on the application/website when you place your order. Full payment must be made for all products dispatched and Services provided. Payment has to be made in cash or by online payment, e.g. credit or mobile money or debit card.
5.5. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
5.6. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties
6. Copyright and trademarks
6.1. Twiga alongside our licensors, own and control all the copyright and materials on our website.
6.2. The third party both registered and unregistered trademarks or service marks on our website are property of respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we can’t grant any license to exercise such or any other rights.
7. Data privacy
7.1. The personal information and data you provide during the course of usage of our platform will be strictly confidential and will be treated in accordance with the privacy notice and all applicable laws and regulations.
8.1. We take complaints very seriously and place buyers at the core of our business.
8.2. We aim to respond to your complaints within 24 business hours. Please submit any complaints to the following email address, email@example.com or call 0754 367 569 / 0770 678 116.
9. Limitation of Liability
9.1. Great care has been taken to ensure that the information available on our application/website is correct and error free. If it ever occurs, we apologise for any errors or omissions that we might publish in our Application/Website. We cannot warrant that use of the application/website will be error free or fit for purpose. We will do our best to correct such errors in a timely and effective manner. Also, neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the application/website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
9.3. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence
9.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website
9.5. We shall not be held liable for any failure or delay in delivering your orders where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties
9.6. If we have contracted to provide identical or similar order to more than one buyer and are prevented from fully meeting our obligations to you by reason of an event of force majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
9.7. The products sold by us are provided for private consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the application/website or for any products or services purchased from us.
10.1. All prices for our goods and services are in Uganda Shillings.
10.2. Payment must be made either at the time of ordering the goods and services, from us by credit card or mobile money or at the time of delivery by cash.
10.3. These Terms and Conditions shall be governed by and construed in accordance with the laws of Uganda. The parties hereto submit to the exclusive jurisdiction of the courts of Uganda. All dealings, correspondence and contacts between us shall be made or conducted in the English language
10.4. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing