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Agent Terms

BACKGROUND:

 

            These Agent Terms, together with any and all other documents referred to herein, set out the terms under which Users (“Principal”) appoint Us as their “Agent” to order goods on their behalf through Our Marketplace. Please read these Agent Terms carefully and ensure that you understand them before ordering anything under WENA Global on Our Marketplace. You will be required to read and accept these Agent Terms when ordering any product under WENA Global via Our Marketplace. If you do not agree to comply with and be bound by these Agent Terms, you will not be able to purchase anything on Our Marketplace. These Agent Terms, as well as any and all contracts, are in the English language only.

 

 

1.            Definitions and Interpretation

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

 

“Account”

means an account required to access and/or use certain areas of Our Site, including Our Marketplace;

“Principal”

means a User who makes an order under WENA Global on Our Marketplace;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Third Party”

A supplier of specific items specified by the Principal;

“Marketplace”

means Our platform for Agent services on Our Site;

“Our Site”

means this website, wenahardware.com;

“User”

means a user of Our Site;

“User Content”

means any Content added to Our Site by a User;

“We/Us/Our/Agent”

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

 

2.            Information About Us

2.1          Our Site is owned and operated by Us.

2.2          Our VAT number is shared on request.

 

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. Subject to the remainder of these Agent Terms, 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 also subject to Our Terms of Use and Terms for Buyers. as well as the Terms of Sale. Please ensure that you have read them carefully and that you understand them.

 

4.            Age Restrictions

You may only make orders on Our Marketplace if you are at least 18 years of age.

 

5.            Our Marketplace

5.1          Our Market place offers these types of services;

a)    WENA Hardware Store-Order for construction materials and get them delivered to your preferred location anywhere in Uganda. The listed products on Our Site are only available on order.

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.

5.2          You are not making a purchase from Us and are not entering into a contract with Us. You are merely assigning Us your rights to purchase specific goods from abroad on your behalf.;

5.3          We will not be a party to any dispute between you and any Third party. Any claims must be made directly against the party concerned;

5.4          We do not pre-screen items that the Principal might request to be ordered through Our Marketplace. We are not, therefore, in any way responsible for any items procured or for the content of those items.

 

6.            Principal Rules and Acceptable Usage Policy

6.1          When using Our Marketplace, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 6. Specifically:

6.1.1     you must ensure that you comply fully with all local, national, or international laws and/or regulations;

6.1.2     you must not use Our Marketplace in any way, or for any purpose, that is unlawful or fraudulent;

6.1.3     you must not use Our Marketplace to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

6.1.4     you must not use Our Marketplace in any way, or for any purpose, that is intended to harm any person or persons in any way;

6.1.5     you must always provide accurate, honest information to Us on Our Marketplace; and

6.2          When using Our Marketplace, you must not submit anything, or otherwise do anything that:

6.2.1     is sexually explicit;

6.2.2     is obscene, deliberately offensive, hateful, or otherwise inflammatory;

6.2.3     promotes violence;

6.2.4     promotes or assists in any form of unlawful activity;

6.2.5     discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

6.2.6     is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

6.2.7     is calculated or is otherwise likely to deceive;

6.2.8     is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

6.2.9     misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.2);

6.2.10  implies any form of affiliation with Us where none exists;

6.2.11  infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

6.2.12  is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6.3          We reserve the right to suspend or terminate your access to Our Marketplace if you materially breach the provisions of this Clause 6 or any of the other provisions of these Agent Terms. Further actions We may take include, but are not limited to:

6.3.1     removing any offending material from Our Marketplace;

6.3.2     issuing you with a written warning;

6.3.3     legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

6.3.4     further legal action against you as appropriate;

6.3.5     disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

6.3.6     any other actions which We deem reasonably necessary, appropriate, and lawful.

6.4          We hereby exclude any and all liability arising out of any actions that We may take in response to breaches of these Agent Terms.

 

7.            Assignment of right

7.1          When you make an order via WENA Global, you expressly authorise us to act as your Agent to process the order and agree that:

7.1.1     You understand and agree to any and all specific terms that are stated to apply;

7.1.2     You will pay for the item(s) purchased on your behalf in full and on time, using one of Our accepted payment methods via Our Payment Service, details of which are provided below in Clause 9; and

7.1.3     You have provided complete and accurate delivery details to Us.

7.1.4     You will pay Us commission for the services provided to you by Us.

7.1.5     You will not wilfully prevent or hinder Us from earning Our commission

7.1.6     You will indemnify and reimburse Us for acts done in exercise of Our duties.

8.            Commission

8.1          The Principal shall pay to the Agent 5% of the total cost of the order as commission for its services in procuring the specific goods on his/her behalf.

8.2          Payment shall be made to the Agent upon receipt of the goods by the Principal or his/her representative using the acceptable payment methods in clause 9.

 

9.            Payment

9.1          Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. 

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

a)    WENA Wallet;

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

c)    Cash on delivery;

9.3          If you do not pay, we may terminate the transaction. Please refer to Clause 15 for more information on Our cancellation rights.

 

10.         Agent Responsibilities

10.1       Act with diligence, devoting reasonable time and effort to fulfil their duties.

10.2       Promptly respond to all communications from the Principal regarding the order.

10.3       Obey and follow Principal’s directions.

10.4       Render proper accounts to the Principal when requested.

10.5       Act in good faith and make no secret profit out of the Agent

10.6       Not to disclose confidential information or documents.

 

11.         Taxes

11.1       It is the responsibility of the Principal to pay any taxes on any purchases made on his/her behalf through Our Marketplace.

11.2       If the goods to be purchased are outside of the Republic of Uganda they may be subject to import duties, tariffs, customs or equivalent excise taxes.  Such duties, tariffs, customs or equivalent excise taxes will not be reflected in the prices indicated and paid at the time of your purchase and it will be your responsibility to pay such duties, tariffs, customs or equivalent excise taxes in the manner provided by your relevant jurisdiction.  We are not liable or responsible in any manner for your failure to obtain items purchased in case you are not able or willing to pay duties, tariffs, customs or equivalent excise taxes as mandated under the applicable laws or regulations.

11.3       For further information on VAT and other taxes in your location, please contact your local tax authority.

 

12.         Delivery, Risk and Ownership

12.1       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 in the procurement of the goods from outside Uganda and events outside of Our control.

12.2       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.

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

12.1       The Third party is responsible for ensuring that they check, are aware of, and comply with all applicable shipping and customs regulations when shipping items to you.

 

13.         Faulty, Damaged or Incorrect Goods

13.1       By law, goods provided must be of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information provided, and that match any samples or models that you have seen or examined. As your Agents, we do not guarantee that fitness for purpose for goods ordered and will not be held accountable for faulty goods.

13.2       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 Goods, please email Us at info@wenahardware.com as soon as reasonably possible to inform Us of the fault, damage or error, and to ascertain a refund, repair or replacement if applicable on your behalf. 

13.3       Upon receipt of your complaint, we will proceed to request for repair or refund on your behalf from the third party