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Terms for Sale

BACKGROUND:


            These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, wenahardware.com (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.


1.            Definitions and Interpretation

1.1          In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase and sale of Goods, as explained in Clause 8;

“Goods”

means goods sold by Us through Our Site;

“Order”

means your order for Goods;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Order Number”

means the reference number for your Order; and

“We/Us/Our”

means WENA Hardware Uganda Limited, a private limited liability company registered in the Republic of Uganda under 80020001844456, whose registered address is P.O. Box 9496 Kampala-Uganda.

 

2.            Information About Us

2.1          Our Site, wenahardware.com, is owned and operated by WENA Hardware Uganda Limited, a private limited liability company registered in the Republic of Uganda 80020001844456, whose registered address is P.O. Box 9496 Kampala-Uganda.  [Our VAT number is <<insert VAT number>>.]

2.2          Our Site offers these types of services i.e.

a)    WENA Hardware Store-Order for construction materials and get them delivered to your preferred location anywhere in Uganda.

b)    WENA Global-Ship in building materials, unique finishes of your choice from all around the world as agents of the User. This can be stock or items for the User’s projects.

c)    WENA Professionals-industry experts both as certified professionals and experienced mansons with a track record of professionalism to offer affordable and reliable services.

d)    WENA Wallet-Create a save to build account and earn 10% per annum interest accrued daily and redeemed as building materials of choice anytime in accordance to Our Site Terms.

3.            Access to and Use of Our Site

3.1          Access to Our Site is free of charge.

3.2          It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3          Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4          Use of Our Site is subject to our Website Terms of Use <<insert link>>.  Please ensure that you have read them carefully and that you understand them.

 

4.            Age Restrictions

4.1          Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

 

5.            International Customers

Please note that We only deliver within the Republics of Uganda and Kenya.

 

6.            Goods, Pricing and Availability

6.1          We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

6.1.1     Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

6.1.2     Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary; and

6.1.3     Due to the nature of the Goods sold through Our Site, there may be up to a 5% variance in the dimensions of those Goods between the actual Goods and the description.

6.2          Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to Clause 10 if you receive incorrect Goods (i.e. Goods that are not as described).

6.3          Where appropriate, you may be required to select the required size, model, colour, number, material or type of the Goods that you are purchasing.

6.4          We cannot guarantee that Goods will always be available. The listed products on Our Site are only available on “order” basis.

6.5          Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods.

6.6          We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed.

6.7          All prices are checked by Us before We accept your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.  If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond.  If We do not receive a response from you within 48 hours, We will treat your Order as cancelled and notify you of this in writing.

6.8          In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.9          All prices on Our Site are VAT exclusive.

6.10       Delivery charges or customs duties or equivalent tariffs or excise taxes that may be applied by jurisdictions other than the Republic of Uganda are not included in the price of Goods displayed on Our Site.   Delivery options and related charges will be presented to you as part of the order process. However, a User may be offered free delivery services depending on the volumes of products bought and the prevailing circumstances. Customs duties or equivalent tariffs or excise taxes that may be applied by jurisdictions other than the Republic of Uganda may be applied by third parties prior to delivery of the Order.  We are not responsible for calculating or assessing such amounts and your failure to pay such custom duties, tariffs or excise taxes will not confer you any right of refund.

 

7.            Orders – How Contracts Are Formed

7.1          Our Site will guide you through the ordering process.  Before submitting your Order you will be given the opportunity to review your Order and amend it.  Please ensure that you have checked your Order carefully before submitting it.

7.2          If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within 48 hours of Our request, We will cancel your Order and treat the Contract as being at an end.  If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

7.3          No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that we have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

7.4          Order Confirmations shall contain the following information:

7.4.1     Your Order Number;

7.4.2     Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

7.4.3     Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

7.4.4     Estimated delivery date(s) and time(s);

7.5          In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will notify you in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within seven (7) days.

7.6          Any refunds due under this Clause 8 will be made using the same payment method that you used when ordering the Goods.

 

8.            Payment

8.1          Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch your Goods.

8.2          We accept the following methods of payment on Our Site:

8.2.1     WENA Wallet;

8.2.2     Rave Payment Gateway: -Master card; Visa card or Mobile Money;

8.2.3     Cash on delivery;

 

9.            Delivery, Risk and Ownership

9.1          All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 14).

9.2          If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery. If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery. If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

9.3          In the unlikely event that We fail to deliver the Goods within 30 calendar days of Our Order Confirmation (or as otherwise agreed or specified as under sub-Clause 10.1), if any of the following apply you may treat the Contract as being at an end immediately:

9.3.1     We have refused to deliver your Goods; or

9.3.2     In light of all relevant circumstances, delivery within that time period was essential; or

9.3.3     You told Us when ordering the Goods that delivery within that time period was essential.

9.4          If you do not wish to cancel under sub-Clause 9.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date.  If We fail to meet the new deadline, you may then treat the Contract as being at an end.

9.5          You may cancel all or part of your Order under sub-Clauses 9.3 or 9.4 provided that separating the Goods in your Order would not significantly reduce their value.  Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within seven (7) days.  Please note that if any cancelled Goods are delivered to you, you must return them to Us or arrange with Us for their collection.  In either case, We will bear the cost of returning the cancelled Goods.

9.6          Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address including, where relevant, any alternative address you have provided.

9.7          Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).

9.8          Any refunds due under this Clause 9 will be made using the same payment method that you used when ordering the Goods.

 

10.         Faulty, Damaged or Incorrect Goods

10.1       By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please email Us at info.wenahardware.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:

10.1.1  Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above.

10.1.2  If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a repair of the Goods or a replacement.  We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you.  In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.  If you request a repair or replacement during the 30 calendar day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods.  If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.

10.1.3  If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time or without significant inconvenience to you), you may ask Us to attempt the repair or replacement again (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.

10.1.4  If you exercise the final right to reject the goods more than two months after you have received the Goods (and ownership of them), We may reduce any refund to reflect the use that you have had out of the Goods.

10.2       Please note that you will not be eligible to claim under this Clause 10 if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.  Please also note that you may not return Goods to Us under this Clause 10 merely because you have changed your mind. 

10.3       To return Goods to Us for any reason under this Clause 11, please fill the Product Returns form on Our Site to enable us process the return.  We maintain the right to determine whether or nor your proposed return of Goods is in compliance with Clause 10.

10.4       Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

10.5       Any and all refunds issued under this Clause 10 will include all delivery costs paid by you when the Goods were originally purchased.