TERMS
AND CONDITIONS
Welcome
to partspoa.com/partspoa.co.ke exclusive properties of partspoa (the “site”).
These terms and conditions (“terms and conditions”) apply to the site, and all
of its divisions, subsidiaries and affiliate operated internet sites which
reference these terms and conditions. The site is an online marketplace only,
designed for the unique purpose of putting people who want to sell car parts
and car accessories in touch with people who are interested in buying such
items. By accessing this site, you confirm your understanding of the term
and conditions. If you do not agree with the said terms and conditions of use,
you shall not and cannot use this website. The site reserves the right, to
change, modify, add or remove portions of both the terms and conditions of use
and the terms and conditions of sale at any time. Any changes will be effective
when posted on the site with no other notices provided. Kindly go through these
terms and conditions regularly for any updates. Your continued use of the site
following the posting of changes to the terms and conditions will be deemed as
your acceptance of those changes.
Further, kindly review the terms and conditions listed below carefully
prior to using this website as use of this website indicates your agreement to
be wholly bound by its terms and conditions without modification. You further
agree that if you are unsure of the meaning of any part of these terms and
conditions you will not hesitate to contact us using the contact information
provided for clarification. These terms and conditions fully govern the use of
this website. No extrinsic evidence, whether oral or written will be
incorporated.
Definitions
1)
“buyer” any natural person or legal entity
purchasing products from partspoa.
2)
“contract” any set of documents consisting of
the customer`s order, these terms and conditions of use and terms and
conditions for sale and any potential specific agreement which may be agreed
upon by the parties.
3)
“order” action of the customer selecting a
product listed in the site and validate the order process up to payment
according to the terms and conditions for sale.
4)
“parties” means the user on the one hand and
the buyer on the other hand.
5)
“product” items listed for sale on the site.
6)
“site” means partspoa.co.ke/ partspoa.com
7)
“user” means any natural person or legal
entity listing any product for sale on the site
8)
“Platform” means partpoa website, domain and
any registered rights encompassing partpoa as a trademark and its content
1. Terms
and conditions of use
Usage
of the site
You
have to be at least 18 years of age to use this website. Both parties agree
that this website may only be used in accordance with these terms and
conditions. If you do not agree with the terms and conditions of use or do not
wish to be bound by them, you agree to refrain from using this website. You are
granted a non-transferrable, revocable and non-exclusive license to use this
site in accordance with the terms and conditions of use, for such things as,
shopping for car parts and other car accessories sold on the site, gathering
prior information regarding our products and services and making purchases.
Commercial use or use on behalf of any third party is prohibited, except as
explicitly permitted by us in advance. These terms and conditions of use
specifically prohibit actions such as: accessing our servers or internal
computer systems, interfering in any way with the functionality of this
website, gathering or altering any underlying software code, infringing any
intellectual property rights. This list is non-exhaustive and similar actions
are also strictly prohibited. Any breach of these terms and conditions of use
shall result in the immediate revocation of the license granted in this
paragraph without prior notice to you. Should we determine at our sole
discretion that you are in breach of ANY
of this conditions, we reserve the right to deny you further access to
this website and its contents and do without prejudice to any available
remedies at law or otherwise. Any person who wishes to use this site to sell
any of his products MUST
register by creating an account. Should you choose to register for any services
or related features, you agree to provide accurate and current information
about yourself or entity, and to promptly, update such information if there are
any changes. Every user is solely responsible for keeping passwords and other
account identifiers safe and secure. The account owner is entirely responsible
for all activities that occur under such password or account. Further, you MUST notify us of any
unauthorized use of your password or account. The site shall not be responsible
or liable, directly or indirectly, in any way for any loss or damages incurred
as a result of, or in connection with, your failure to comply with this
section.
Access to the site
We
shall strive to ensure accessibility to the website at all times, however, we
make no representation of that nature and reserve the right to terminate this
website at any time and without notice. You further accept that service
interruption may occur in order to allow for website improvements, scheduled
maintenances or due to factors beyond our control. You must register as a user
on this site in order to access some of our services such as listing your
products for sale.
Privacy
Any
and all personal information collected in relation to the use of this site will
be held and treated in accordance with our privacy policy. Partspoa holds that
the information shared is not sensitive and is not party to access,
modification or malicious use of user information by third party platform or
users where such cases are deemed to have occurred.
Intellectual property
Any
unauthorized use of the material and content on this site is prohibited. You
hereby agree not to copy, reproduce, transmit, publish, display or distribute
such material and content.
Indemnity.
Parties
agree to indemnify and hold us, our affiliates, officers, directors, agents
and/ or employees, as the case may be, free from any claim or demand, including
reasonable legal fees, related to your breach of these terms of use.
Applicable law and
jurisdiction
These
terms and conditions of use shall be interpreted and governed by the laws in
force in Kenya. Parties hereby agree to submit to the jurisdiction of the
Kenyan Courts and waive any objectives based on jurisdiction and/ or venue.
Arbitration
Any
disputes arising out of the implementation and performance of these terms and
conditions, shall if not amicably resolved by the parties within 30 thirty days
be finally settled by arbitration in accordance with the Rules of Chartered
Institute of Arbitrators Kenya Branch. The venue of such arbitration will be
Nairobi.
Miscellaneous
You
hereby agree that all agreements, notices, disclosures and other communications
that we shall provide to you electronically satisfy any legal requirements that
such communication be in writing.
You
cannot assign or sub-contract your rights or obligations under these terms and
conditions of use to any third party.
2. Terms And Conditions Of Sale
Parties
agree that accessing this website and gathering information regarding the
services provided by the site does not in any way constitute an offer to sell,
but an invitation to treat. Parties agree that purchases are mostly based on
the model and specifications of the product listed. Parties further accept that
an offer is only made once you have selected the item you intend to buy, chosen
your preferred mode of payment, proceeded the checkout and completed the
checkout process. Before your order is confirmed, you may be required to
provide additional information included but not limited to phone number and
address. TAKE NOTICE that the site
reserves the right to refuse or cancel any order for any reason at any given
time. Users shall be given up to 30 thirty
minutes upon checkout to cancel the order placed. If no party cancels the order
within the time specified, it shall be deemed as accepted.
Electronic documents
You
agree that all and any agreements, notices, disclosures and other communication
that are provided to you electronically satisfy any legal requirement that such
communication be in writing.
Purchase price and pricing
The
price provided in the site are as provided by the seller. Errors may occur when
providing the said prices. The site reserves the right to refuse or cancel any
order in the event that a product is mispriced. The buyer can only use any of the listed
modes of payments. There is no purchase of products on credit.
Delivery
Delivery
is available for customers in Kenya. Delivery within Nairobi CBD is free for
orders above 15000KES or for multiple units (3) of purchased items. A fixed fee
as indicated in the purchase order is charged for any order below 15000KES and
shall be paid in addition to purchase price. For buyers out of Nairobi, negotiated
fee will be payable for delivery charges separately and will attract third
party services.
Force majure
Once
the buyer pays for the product, we shall make efforts to deliver the goods
within the estimated timelines that will be indicated to the buyer depending on
their location. We shall however be excused from any delay or failure in
performance required hereunder if caused by reason of any occurrence or
contingency beyond reasonable control. This obligations and rights shall
extended on a day to day basis for the time period equal to the period of such
excusable interruption. When such events have abated, the parties respective
obligations hereunder shall resume.
Return policy
Please
take notice that products bought on the site under certain terms can be
returned within a period of 7 seven
days from the date of delivery, this is only for products that are not subject
to immediate wear and tear. Products that are subject to wear and tear or
products that cannot be used again such as engine oil should be returned
immediately they are delivered to the buyer. No returns shall be accepted after
the above stated timelines. This shall be possible for registered users who
have directly bought items and parts from the platform
After
sale service
For
registered users, partspoa may extend after sale services on occasional basis
including promotion for items bought and could include follow up on customer
satisfactions and survey or reviews. This will be done strictly by the partspoa
and not by any agent purportedly disguised as our partners. This will include
branding parts bought from us with partspoa particular branding material that
will be consistent brand and only provided by us.
Severability
If
any portion of these terms and conditions for sale is held to be invalid or
unenforceable, either in whole or part by a court of law or tribunal, that part
shall be severed from the terms and conditions of sale and shall not in any way
affect the validity or enforceability of any other section listed.
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