Kiest General Merchants is in the business of providing and facilitating e-commerce/online shopping experience in KENYA, via its online marketing platform www.Kiest General Merchants.co.ke.
The Vendor intends to sell products on Kiest General Merchants platform and Kiest General Merchants agrees to allow the Vendor to use its website platform for this purpose on the terms on conditions contained herein below. The Parties have thus agreed to enter this Agreement in good faith and based on the terms and conditions hereunder set out.This contract expressly supersedes prior agreement or arrangements with the Vendor.
Customer Satisfaction as the common interest of both parties : By signing this contract, both parties agree that customer satisfaction is the ultimate interest guiding the commercial actions and behaviors of both parties.
Acceptance of the contract : Every transaction of the Vendor on Kiest General Merchants platform is bounded to the acceptance of all the terms of this contract as well as the details, annexes and appendices mentioned in this contract and accessible on www.Kiest General Merchants.co.ke and to Vendor’s renunciation to claim any of its own general terms and conditions of sales.
Definition of services : Kiest General Merchants runs and operates an online platform that allows Vendors to sell their products and provides pick up, delivery and storage services as an adapted partner logistics network.
DEFINITION OF THE TERMS OF THE CONTRACT AND TERMINOLOGY
Customer – means a customer of the Kiest General Merchants Services, who purchases items listed on Marketplace.
Data – is all electronic data or information submitted by a Customer to Kiest General Merchants systems which enables customer to make purchases.
Marketplace – the online catalog of applications and components that interoperate with the Kiest General Merchants Services, located at websites designated by Kiest General Merchants or in the Kiest General Merchants Services.
Materials – the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Kiest General Merchants Services and Marketplace.
Restricted Area – means the area of the Service that can be accessed only by Users.
Services – the Kiest General Merchants Web Site, Services, System, Content, Marketplace and all content, services and/or products available on or through the Marketplace.
User – an employee, agent, or representative of a Customer, who primarily uses the restricted areas of the Service or the Marketplace.
Vendor – a natural or legal person who enters into this Agreement with Kiest General Merchants.
VENDOR ACCOUNT AND SYSTEM USAGE AGREEMENT
Rule on the use of the Seller Center : Every Vendor who wants to list a product to sell through the Seller Center has to create an account. The Vendor feature is accessible to Users with administrator rights in the settings page of the Restricted Area. The Vendor is solely responsible for the confidentiality of the account login details and agrees to be held responsible for all actions and activities that occur under the Vendor’s account. Kiest General Merchants reserves the right to refuse to activate the Vendor feature, to terminate the Vendor feature, and to remove content made available through the Vendor account.
Price : The only price listed should be the selling price including applicable tax and. agreed commissions This price should not appear at the title of the product page.
Photos : The photos included in the product page have to be related with the article or service proposed. It is forbidden to use logos of brands as a picture except in the category “Brands” of the site.
The Vendor accepting this Agreement acknowledges that the publication of the products is subject to the terms and conditions set forth in this Agreement. In order to publish a product on the Marketplace, the publishing Vendor must be approved by Kiest General Merchants.
In order to become approved by Kiest General Merchants, the Vendor shall provide Kiest General Merchants with accurate and current information and shall be generally knowledgeable about the Service, its interface, and functionality, and must be reasonably capable of delivering Kiest General Merchants value proposition.
The requirements regarding compliance, technology, values, review and testing processes, and standards will be made available to the Vendor after activating Vendor feature.The Vendor is solely responsible for functionality, technology, performance, and security of each product.
The Vendor is solely responsible for the accuracy, legality, and appropriateness of any content or information that Vendor submits to, or makes available through the Marketplace.
Kiest General Merchants reserves the right to conduct any type of review and test any product submitted for listing on the Marketplace. By submitting a product for listing by Kiest General Merchants, the Vendor grants Kiest General Merchants exclusive irrevocable license to:
publicly display and
The Vendor warrants, for each submitted product, that they hold all rights necessary to grant Kiest General Merchants the rights provided in this Agreement.
The Vendor acknowledges that Kiest General Merchants has no responsibility or liability of any kind for the development, installation, operation, maintenance or security of the products listed on the Marketplace, nor does Kiest General Merchants have responsibility or liability to provide Customer support for products listed on the Marketplace.
PAYMENT BETWEEN Kiest General Merchants AND THE VENDOR
Payment by Tencents international ltd to the Vendor : Payments made to the Vendor are calculated as the sum of the selling price including tax of all items delivered to customers less the sum of the selling price including tax of all items returned within this same period and less commissions and penalties.
Payment Option : Payments will be made by either Bank Transfers or Cheque. The vendor must enter their exact and up to date Bank information in the Seller Center.
Invoices : The Vendor has to provide an invoice for the Customer when providing Tencents international ltd with the product to be delivered to the customer.
Tencents international ltd will invoice the Vendor for its commission and for the fees charged for its value added services. VAT will apply to all invoices and an ETR will be provided with the invoice.
Payment Calculation : The revenue collected by Tencents international ltd on behalf of the Vendor is based on the orders successfully delivered and paid for by to the customer. The Vendor understands that the items shipped but not delivered at the time of the payment are not included in the payment.
Price : All prices are indicated in Kenya Shillings, and including tax.
Tencents international ltd will accept products returned by its customers, Moreover, the Vendor will renounce to his or her own return policy for all the orders received on Kiest General Merchants.
Return conditions : In general, if the original product packaging remains closed/sealed, customers are allowed to refuse delivery for any reason. This may include change of mind, lack of money, lack of availability for delivery, damaged packaging etc.The Vendor is obligated to accept return of Goods, in original packaging, on the following cases:
different than described on the website
Does not fit the customer’s size (applicable to fashion products only)
THERE ARE VARIOUS TYPES OF RETURNS & DELIVERIES
Unopened returns – For items in whose categories Kiest General Merchants offers a return policy and for items with visible damages
Opened returns – for manufacturing defects, incorrect product and for categories where Kiest General Merchants offers an opened returns policy
Failed deliveries – these are cases where our delivery associates are not able to meet the customer, the customer does not pick up his ordered item or otherwise the product’s original packaging remains closed/sealed. The transaction was not completed.
Rejections – these are cases where our delivery associates meet the customer or the customer picks up his ordered item, but rejects it on the spot, in the presence of our delivery staff. In such cases the product has been examined by the customer, where applicable the seal has not been broken, nor has the product been used and therefore the transaction was not completed.
Returns – these are cases where the delivery and transaction are completed successfully but the customer requests a return within 7 days from the delivery date.
For Customer Convenience, Tencents international l ltd and the Vendor commit to accepting the product returned by the Customer if:
The Customer asked to have his or her product returned to the Vendor within 7 days after the delivery date and through the Customer Service of Tencents international ltd or by filling Kiest General Merchants dedicated online return form
The product sent back is still in its original packaging
The product has not been used and is in good condition, unless reported defective or damaged
There is no part of the product missing, unless reported to have missing parts
For items with seals, the security seal has not been broken, unless defective or damaged or missing parts or wrong item
The customer has conserved and sent back the invoice of the product and the free packaging complete with free gifts and accessories.
The Vendor is required to provide warranty and Service Center information to Tencents international ltd for the entire period of the warranty to be shared with the customer. In cases of Service Center default, the vendor will be required to mediate a product replacement with the Service Center for the benefit of the customer, without Kiest General Merchants express involvement and within 10 days from the date when the customer brought the faulty product to the service center.
If the quality control shows that the Customer is responsible for the default of the product, the product is sent back to the Customer and there is no reimbursement.
If the Vendor or manufacturer is responsible for the default, the product is sent back to the Vendor.
NO GUARANTEED INCOME
No warranties or representations are made with the regard to potential revenues that may be earned by the Vendor from the provision of Tencents international ltd services and no reliance should be placed on any statements or projections provided, whether verbal or in writing to this respect.
Both Parties acknowledge and agree that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it.
Governing Law : This Agreement is governed and interpreted in accordance with the law of KENYA.
All Vendors will by default be on a monthly payment schedule. However, Suppliers meeting the threshold of sales of KSH 200,000 per week will be eligible to be paid weekly.
Monthly payments: Payments will be made on the 6 th working day after the month end.
Weekly payments: Payments will be made by the end of the 3 rd working day, after the end of each week. The end of the week for this purpose is assumed to be Sunday.