Terms and Conditions for the Supply of Goods through Cuisine Africana website
1. The Contract between us:
We must receive payment of the whole of the price for the goods and delivery charges that you order before your order can
be accepted. Once we have received payment we will confirm that your order has been accepted by sending e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (that is, those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify DO NOT use this site. By ordering on this website you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
2. Price
2.1 The prices payable for goods that you order are as set out in our website and are exclusive of any delivery charges except where specifically specified to the contrary.
2.2 You are able to select a method for delivery though it might not be possible for us to deliver to some locations. The delivery charges are automatically calculated for each order by weight, location and method selected by you.
3. Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods ordered prior to their dispatch. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 To cancel your contract you must notify us by e-mail to: customerrelations@cuisineafricana.com.
3.3 If the goods have been dispatched and you have received the goods before you cancel your contract then you must send the goods back unopened to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.4 Once you have notified us that you are cancelling your contract, any sum debited to us from you credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4. Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing Information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted though we cannot guarantee that your selected 3rd party method of delivery will necessarily perform as specified.
5.3 You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6. Liability
6.1 If the goods we deliver is not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail of the problem within 7 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 21 days of the date on which you ordered them, we shall have no liability to you unless you notify us by e-mail at our contact address of the problem within 30 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery.
6.2.2 to replace any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by e-mail to our contact address at sales@cuisineafricana.com and all notices from us to you will be displayed on our website from to time.
8. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
10. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11. Governing Law
Each and every transaction carried out is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English Law and the English Courts shall have exclusive jurisdiction in relation thereto.
12. Entire Agreement
12.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
12.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of Kiny Foods Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you may have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13. Trade Marks
Kiny Foods Ltd is the operator of www.cuisineafricana.com. All trademarks, product names and company names or logos sited herein are the property of their respective owners. No permission is given by Kiny Foods Ltd in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the owners' rights.
14. Invalidity
If any part of the terms of this charter are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Terms and Conditions relating to your use of our websites
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITES CAREFULLY. By using our websites, you are deemed to have agreed to these Terms and Conditions of Use. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and Conditions of Use at any time. You should check these Terms and Conditions of Use periodically for changes. By using this website after we post any changes to these Terms and Conditions of Use, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, please do not use our websites and, if applicable, please arrange to terminate your registration with us by notifying us of your unwillingness to accept the changes to the Terms and Conditions of Use.
KINY FOODS LTD RECOMMENDS THAT YOU ALWAYS CONSULT A MEDICAL PRACTIONER BEFORE FOLLOWING ANY COMPLEMENTARY THERAPIES IF YOU HAVE ANY SYMPTOMS OF ILLNESS, ANY DIAGNOSED AILMENT, OR ARE RECEIVING CONVENTIONAL MEDICATION OR TREATMENT FOR ANY EXISTING CONDITION. DO NOT CEASE CONVENTIONAL TREATMENT OR MEDICATION FOR ANY REASON WITHOUT CONSULTING A. ALWAYS INFORM BOTH YOUR DOCTOR AND YOUR COMPLEMENTARY MEDICAL PRACTIONERS OF ANY TREATMENT, MEDICATION OR REMEDIES, BOTH CONVENTIONAL AND UNCONVENTIONAL THAT YOU ARE TAKING, OR INTENDING TO TAKE.
KINY FOODS LTD AND ANY AND ALL OF ITS DIRECTORS AND STAFF, SHALL NOT BE HELD RESPONSIBLE FOR ANY CLAIMS RELATING TO ILLNESS OR AILMENTS THAT ARE DEEMED TO HAVE POSSIBLY ARISEN AS A CONSEQUENCE OF READING ANY PART, OR ALL OF THE CONTENT PROVIDED ON THIS OR RELATED WEBSITES. THE CONTENT IS PROVIDED FOR GENERAL USE, AND MAY BE INAPPLICABLE, UNSUITABLE OR BOTH TO PERSONS SUFFERING FROM CONDITIONS DIAGNOSED OR NOT.
1. Scope of Terms and Conditions of Use
Unless we indicate otherwise, these Terms and Conditions of Use apply to your use of all of the websites which are owned or operated by Kiny Foods Ltd or its affiliates (collectively, "cuisine africana.com’’, "we", "us" or "our"), including, but not limited to the cuisineafricana.com and any other website that we may own or operate currently or in the future (collectively, the "cuisine africana.com Sites"). For purpose of these Terms and Conditions of Use, "affiliates" shall mean any entity, directly or indirectly, controlling, controlled by or under common control with cuisine africana.com.
2. Terms and Conditions of Use - In General
By using cuisine africana.com Sites, you agree to be legally bound and to abide by these Terms and Conditions of Use, just as if you had signed this agreement. If you do not comply with these Terms and Conditions of Use at any time, cuisine africana.com reserves the right to terminate your password, user account, and/or access to the cuisineafricana.com sites (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue or alter any aspect of cuisine africana.com Sites, including, but not limited to, (i) restricting the time cuisine africana.com Sites are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use cuisine africana.com Sites. You agree that any termination of your access to, or use of, cuisine africana.com Sites may be effected without prior notice. You agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such files or cuisine africana.com sites. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to, or use of, cuisine africana.com sites. From time to time, we may supplement these Terms and Conditions of Use with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on cuisine africana.com sites to be viewed in connection with the specific content, activities or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions of Use.
3. Restrictions on Use of Materials
You acknowledge that cuisineafricana.com sites contain information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United Kingdom copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on cuisine africana.com sites are trademarks of their respective owners. Cuisine Africana is the trade name and the registered trademark and service mark of Kiny Foods Ltd as are certain other trademarks and service marks used on cuisineafricana.com sites. Our partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content, which they make available on cuisineafricana.com sites. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the Content on any single computer for your personal, non-commercial home use only, provided you neither change nor delete any author attribution, trademark, legend, copyright or other proprietary notice. When you download any Content, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited.
4. Copyright Complaints
The cuisineafricana.com respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the registration of any user who infringes the intellectual property rights of others.
5. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE SERVICES, CONTENT AND MATERIALS ON THE CUISINEAFRICANA.COM SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE CUISINEAFRICANA.COM NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE CUISINEAFRICANA.COM SITES OR ANY FUNCTION CONTAINED IN THE CUISINEAFRICANA.COM SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CUISINEAFRICANA.COM SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM THE CUISINEAFRICANA.COM PERSONNEL OR THROUGH THE CUISINEAFRICANA.COM SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF USE.
6. Governing Law and Other Miscellaneous
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts of the United Kingdom and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and the cuisineafricana.com relating to the subject matter herein. These Terms and Conditions of Use may be modified only by our posting of changes to these terms and conditions, or by writing signed by both parties. Each time you access thefoodoctor.com Sites, you will be deemed to have accepted any such changes.
The cuisineafricana.com may assign its rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
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