Term Conditions Page
TERMS AND CONDITIONS
Welcome to the ddukushop.com website (the “Site”).
These terms and conditions (“Terms and Conditions”) apply to the Site and all affiliate operated internet sites which reference these terms and conditions.
Please carefully read the Terms and Conditions below before placing any order for any of the goods or services from the Site.
1. INTRODUCTION
Ddukushop.com is a market place which is open to everybody to sell their products on our site and deliver on behalf of the sellers to the purchasers.
This website is provided by Payton Stores Limited a company organized under the laws of Uganda, whose registration office is at Wabyona plaza Rm 10 Bweyogerere, Wakiso District
By accessing the Site, you confirm your understanding of the Terms and Conditions.
If you do not agree to these Terms and Conditions of use, you shall not use this website.
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these terms and conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
2. ORDERING
a) By placing an order through our Website, you enter into an agreement with Ddukushop with respect to the processing and delivering of the item(s) to you.
b) 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.
c) When ordering from this website you may be required to provide an e-mail address and password. You must ensure that you keep the details secure and do not provide this information to a third party.
d) Any order that you place in our website is subject to availability, delivery capacity and acceptance by both us and the seller.
3. PRICES AND PAYMENTS
a) All prices listed on the website are correct at the time of publication; however, we reserve the right to alter these in the future.
b) Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the goods or services available for sale on the website.
c) We give great care to keep prices of items up to date. In case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
d) The total price for delivery, goods and services ordered, including delivery charges and other charges, will be displayed on the website when you place your order. Full payment must be made for all goods dispatched and services provided. Payment has to be made in cash or by online payment.
e) If you choose online payment, you must pay for your order before it is delivered and warrant that you have sufficient funds to make payment.
4. DELIVERY
a) Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address you stated when placing the order.
b) In case of a late delivery, the delivery will neither be voided nor refunded by Dduku.
c) All risk in the goods shall pass to you upon delivery.
5. CONDITIONS OF TRANSACTIONS AND PAYMENT BETWEEN DDUKU SHOP AND THE SELLER
a) Payments made to the seller are calculated as the sum of the selling price including tax of all items delivered to customers less the sum of the selling price including tax of all items returned within the same period and less commissions and penalties.
b) All payments to the Seller shall be made in Ugandan Shillings.
c) Payments will be made by either Bank transfers or Cheque.
d) The seller must enter their exact and up to date bank information in the Account.
e) Dduku will invoice the Seller for its commission and for the fees charged for its value added services as well as for the penalties applied.
f) VAT will apply to all invoices.
g) The revenue collected by Ddukushop on behalf of the seller is based on the orders successfully delivered and paid for by the customer.
h) The seller understands that the items shipped but not delivered at the time of the payment are not included in the payment.
i) Any sums due to the seller hereunder maybe applied by Ddukushop as a set off against any sums owed by the seller to Dduku, or against any claims of third parties against Dduku arising from the Seller’s performance, under any document.
6. COLLECTION OF VAT
a) VAT liability for the product sold rests with the vendor and Ddukushop will not be responsible for any VAT obligations that may arise.
b) Dduku will remit and declare applicable taxes, including VAT on the amount of the commission and fees collected for its services and withholding tax where applicable.
7. USE OF THE SITE
a) You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
b) We grant you a non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purpose of shopping for personal items sold on the Site.
c) Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.
8. ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the Website at all times, however, we make to representations of that nature and reserve the right to terminate the Website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
9. TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective work under Uganda copyright laws and international conventions. All rights are reserved.
10. LIMITATION OF LIABILITY
The buyer and seller both agree that ddukushop.com 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 ddukushop.com 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 seller agree that ddukushop.com 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.
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.
11. LEGAL DISPUTES
If a dispute arises between you and ‘ddukushop’, our goal is to provide you with neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and ‘ddukushop’ 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.
12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in 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.
13. 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 an 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 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.
14. 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 to any third party is prohibited unless agreed upon in writing by the seller.
