Terms and Conditions

This Agreement was last modified on 17 July 2018.

1. The Terms

a. These are the terms and conditions on which we, Technix Enterprises, a public listed company registered and incorporated in the Republic of Kenya will facilitate the supply and delivery of products and services  in the Republic of Kenya.

b. Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we provide products to you, how you and we may change or end the contract or what to do if there is a problem with your order and other important information.

c. By accessing the website, you confirm and agree that you understand and accept these terms which are legally binding upon you and create a contract between you and us

d. We reserve the right to change, modify, add, or remove portions of these terms and conditions at any time. In this event any new changes will take effect from the date when the new terms are posted on the website.

 
 
2. Our Products
 
a. You acknowledge that the products displayed on this website are not owned or manufactured by us but by third party suppliers

b. The images of the products on our website are for illustrative purposes only as provided by third party suppliers. Although we have made every effort to have the products displayed accurately (including the colours), we cannot guarantee the image fully reflects the products and as such, your product may vary slightly from those images.

c. The packaging of the product may vary from that shown in images on our website.

d. If we are making the product to measurements you have given us you have a responsibility to ensure that the measurements are correct.

 
e. The size of the image may vary from the picture displayed from our website.
 
 
3. Using Technix Enterprises
 
In connection with using or accessing our Services you will not:
 
  • post, list or upload content or items in inappropriate categories or areas on our sites;
  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  •   manipulate the price of any item or interfere with any other user’s listings; 
  •   post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  •   distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; 
  • distribute viruses or any other technologies that may harm Technix or the inter use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Technix Enterprises. tests or property of users;
  • harvest or otherwise collect information about users without their consent; or
  •  circumvent any technical measures used to provide our Services.  
 
4. Price and Payment
 

a. Prices of products (which may or may not be inclusive of applicable taxes) will be indicated on the order pages when you place your order.

b. You are sole responsibility for all legal and regulatory obligations including tax obligations arising from placing an order for a product on our website.

c. We accept payment for the products by way of mobile money M-PESA payments or any other designated mode of payment indicated on our website.

 
 
5. Policy Enforcement
 
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. 
 

6. Purchase Conditions

When buying an item on our Services, you agree to the Rules and policies for buyers and that:
 
a. you are responsible for reading the full item listing before making a bid or committing to buy,
 
b. You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted
 
c. Once your order is generated by the system and the product brought to you, you are required to pay the full payment as per the website.
 
d. You will not get a cash refund at any cost.
 
 
7. Order and Delivery
 

a. You shall  order and pay for the products using the procedure specified on this website.

b. The costs of delivery will be as displayed to you on our website .

c. During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.

d. If the products are one-off services, the services will begin on the date set out in the order.

e. We are not responsible for delays outside our control. If the supply of the products is delayed by the supplier, courier or an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

f. If no one is available at your address or any other address provided by you to take delivery we will notify you of how to rearrange for delivery.

g. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract in accordance with clause 8 below.

h. If you do not allow us to access your property to deliver the products or otherwise perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we will terminate the contract in accordance with clause 8 below.

i. We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them caused by you not giving us the information we need within a reasonable time of us asking for it.

 
 
8. Termination of Contract
 
We may end the contract for a product at any time by writing to you for any reason whatsoever including if:
 
(a) you do not make any payment to us when it is due; 
 
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
 
(c) you do not, within a reasonable time, allow us to deliver the products to you or allow us access to your premises to supply the services.
 
Where the contract is terminated for reasons related to your conduct, we may deduct or charge you such amount as is specified in our refunds or returns policy or other reasonable amount as compensation for the net costs we will incur as a result of terminating the contract.
 
 
9Content Posting
 
In these general terms and conditions, “your content" means:
  • all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and
  • Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
  • Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
  •   be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;  
  • depict violence in an explicit, graphic or gratuitous manner; or 
  • cause annoyance, inconvenience or needless anxiety to any person; or 
  • Your content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach: 
  •  You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. 
  • You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
  • We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.
 
10. Shipping Policy
  
a. Technix Enterprises ships its products countrywide at a minimum pay.
 
b. The delivery time is 9:00am-4:00 pm between Monday to Saturday.
 
c. Delivery is done the same day after full payment is done within Nairobi.
 
d. Our customers are located outside Nairobi, the delivery is done within 24 hours after full payment done.
 
e. The products may be delivered if the customer has not paid but with surety of full payment once the product has been delivered.
 
 
11. Suspension of Supply
 
We have the right to suspend the supply of a product for any reason whatsoever including in order to:
 
(a) deal with technical problems relating to the product or make minor technical changes;
 
(b) update the product to reflect changes in any relevant laws and regulatory requirements.
 
(c) do an investigation if the product is reported more than three times of any failure.
 
We will contact you in advance on the contact information provided by you to notify you if we intend to suspend the supply of a product.
 
 
12. Return Policy
 
a. In case an item is returned, the customer should know there will be no refund of money.
 
b. The item should be returned within three working days.
 
c. Our company will not accept already used materials from the customer.
 
d. In case an item was wrongly sent to you opt-in to what you ordered, you are required to raise the claim within three working days or the claim will be considered void.
 
e. When a customer claims for refund, the person is eligible to purchase another item equivalent to the amount or top up inorder to get the desired item. We will not be submitted to do a cash refund on behalf of any vendors.
 
 
13. Exchange of materials.
 
a. The customer shall ensure that the returned product and related accessories (such as tag, manual, warranty card, network card, etc.) are complete, and maintain the original quality, function, no damage, mal-operation, anti-counterfeiting, and activation ( In the case of authorization, etc., there are no signs of use of the appearance of the original, and unreasonable use of personal data. 
 
b. The outer packaging of the product is an integral part of the product, and should be complete when returned, without serious damage or contamination.
“Outer packaging” means: the original packaging of the manufacturer (minimum sales unit), and does not include the packaging of the secondary packaging by the seller or the logistics service provider.
 
c. When a customer claims for refund, the person is eligible to purchase another item equivalent to the amount or top up inorder to get the desired item. We will not be submitted to do a cash refund on behalf of any vendors.
 
d. Incase of any return or refund the customer will raise the alert within 3 working days to our platforms in order the issue to be resolved.
 
 
14.Terms and conditions of sale 
 
 You acknowledge and agree that: 
 
 a. the marketplace provides an online location for sellers to sell and buyers to purchase products;
 
b. we shall accept binding sales, on behalf of sellers, but Technix Enterprises is not a party to the transaction between the seller and the buyer;
 
c. a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
 
d. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
 
e. the price for a product will be as stated in the relevant product listing;
 
f. the price for the product must include all taxes and comply with applicable laws in force from time to time;
 
g. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
 
h. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; 
 
i. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings. 
 
 
15. Use of website   
 
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website
 
You must not: 
 
 a. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

b. use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

c. hack or otherwise tamper with our website;

d. probe, scan or test the vulnerability of our website without our permission;

e. circumvent any authentication or security systems or processes on or relating to our website;

f. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

g. impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

h. decrypt or decipher any communications sent by or to our website without our permission;

i. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

j. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

k. violate the directives set out in the robots.txt file for our website;

l. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or do anything that interferes with the normal use of our website.

 
 

16. Copyright and trademarks  

 
a. Subject to the express provisions of these general terms and conditions:
 
b. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website;
 
c. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
 
d. Technix Enterprises logo and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
 
e. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
 
 
15Data privacy
 
a. Buyers agree to processing of their personal data in accordance with the terms of Technix Enterprises policy.
 
b. Technix Enterprises shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
 
c. Sellers shall be directly responsible to buyers for any misuse of their personal data and Technix Enterprises shall bear no liability to buyers in respect of any misuse by sellers of their personal data.
 
 
16. Anti-money laundering
 
a. You shall not pay or deposit funds received from unknown or suspicious sources into your account. You will use your account solely in your personal capacity and you will update the information and documents provided concerning your account where there is any change to such information as required by the provisions of any law, regulations, guidelines or directives in the Republic of Kenya .
                              
b. You shall not use the website in furtherance of money laundering, terrorism, nor will you provide administrative access of your account on the website to any persons (including any natural person, government or private entity or other form of body corporate) that has any affiliation with others whatsoever who sponsor or support the above such activities or causes or is located in or is a national of any country that is embargoed, restricted or subject to sanctions that would restrict the use of the website by such person or restrict the performance of our obligations under this contract.
 
c. If we suspect any form of money laundering or terrorism financing, or at any time pursuant to our request, you shall immediately upon demand provide such due diligence information relating to you (together with a certification or translation, where required) as may be requested by us.
 
d. You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this contract) that you are the principal holder of, and the sole beneficiary in respect of your account, and that you shall not pay to us or deposit funds received from unknown or suspicious sources into your account. You will use the website solely in a personal capacity and will update the information and documents provided concerning your use of the website if there emerges any reasons or changes so requiring, as required by the provisions of anti-money laundering and counter-terrorist financing laws or other laws or regulations in the Republic of Kenya or in any other relevant jurisdiction. 
 
 
17. Intellectual Property 
 

a. All intellectual property rights, whether registered or unregistered, in the website, information content on the website 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. All rights are reserved.

b. For the purposes of this clause “intellectual property rights”means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 
 
18. Technix Enterprises Mandatory Terms
 
Nothing in these terms and conditions are intended to or shall be construed as establishing or implying any partnership of any kind between us, nor constitute either you or us as the agent of the other or otherwise entitle you or us to bind the other for any purpose.
 
a. We may assign or transfer our rights and obligations under these terms to a third party.
 
b. You shall not assign or transfer your rights to someone else without our consent.
 
c. Your rights under this contract are specific to you.
 
d. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
 
e. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
 

f. Whilst we shall endeavour to comply with our obligations in a timely manner you hereby irrevocably agree that we shall incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.