These guidelines apply to services of Vitu Za Majuu, a brand of Zigofly Kenya Limited.
Placing an order:
The order must be given to us in writing and must contain the following instructions:
- Kind of merchandise and precise descriptions e.g. 1 Samsung Galaxy Note 5
- Value of the item/goods
- Type of packing with contents, numbers, quantity and weight (gross/net) of packages
- Address(es) of shipper/consignee
- Place of delivery/receipt
- General instructions and conditions in respect of shipment, method of transportation (sea/air/road/express/groupage/breakbulk/containerized cargo, etc.)
- Special instructions in respect of customs clearance, issue of documents, etc.
Orders given verbally must be confirmed by letter, fax or email. It is the responsibility of the customer to correctly and comprehensively provide all the required information as specified above. We shall carry out its services according to the customer’s instructions once/if accepted.
1. Definitions and Interpretations
2.1 BOL -Bill of Lading
2.2 “Company” shall mean Zigofly Kenya Limited (hereinafter referred to as us or we or Zigofly or the company) its subsidiaries, related companies, agents and/or representatives;
2.3 “Customer/Shipper” shall mean the person/entity that the Company is rendering service, including their agent(s) and/or representative(s), also including, but not limited to, shipper, importers, exporters, carriers, secured parties, warehousemen, buyers and/or sellers, shipper’s agents, insurers and underwriters, break-bulk agents, consignees, etc. It is the responsibility of the Customer to provide notice and copy(s) of these terms and conditions of service to all such agents or representatives;
2.4 “Documentation” shall mean all information received directly or indirectly from Customer, whether in paper or electronic form;
2.5 “Third parties” shall include, but not be limited to: “carriers, truckmen, cartmen, lightermen, forwarders, customs brokers, agents, warehousemen and others to which the goods are entrusted for transportation, cartage, packaging, handling and/or delivery and/or storage or otherwise”.
2. Company as Agent of the Customer
The Customer understands that Zigofly is not a “carrier” but that the company will select and engage carriers on behalf of the Customer. The Company acts as the “agent” of the Customer for the purpose of;
- Arranging transportation services, and
- Performing duties in connection with this service such as the filing of export and security documentation on behalf of the Customer and other dealings with Government Agencies together with
- Other ancillary services, including packing and storage of goods received incident to shipment.
- As to all other services, Company acts as an independent contractor
3. Unacceptable Shipments
A Shipment is deemed unacceptable if:
- No customs declaration is made when required by the applicable customs regulations,
- It contains counterfeit goods, animals, bullion, currency, gemstones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics, or any other commodities listed in our Prohibited Items list.
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization (“Dangerous Goods”),
- Its address is incorrect or not properly marked to ensure safe transportation with ordinary care in handling
- Its packaging is defective or inadequate to ensure safe transportation with ordinary care in handling
- It contains any other item which SS determines cannot be carried safely or legally
4. Quotations and Payments
Quotations as to fees, freight charges, insurance premiums or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon the Company unless the Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed upon between the Company and the Customer. Quotations as to fees and other charges may be revised by the Company at any time.
- The Company is entitled to be paid all fees, charges, brokerages, commissions and allowances customarily paid to freight forwarders, customs brokers and shipping agents.
- Unless otherwise specified, all fees, charges and expenses shall be exclusive of VAT.
- Unless otherwise agreed by the Company in writing, all fees, charges and expenses are due for payment against documents.
- The charges of the Company shall be considered to have been earned as soon as the Goods are delivered into the Company’s control and, under no circumstances, shall any charges be refunded. Any disputes concerning invoices must be notified to the Company within Fourteen (14) days of invoicing, failing which, the full amount of the invoice is admitted by the Customer.
- The Company may charge by weight, measurement, volume or value and may, at any time, re-weigh, re-measure or re-value the Goods (or request the same) and charge additional fees accordingly.
- If there are any changes to rates for freight, warehousing, cartage or insurance, customs duty or other charges, then the Company shall have the right to increase its quotations and charges accordingly.
- Unless otherwise agreed, all amounts due to the Company are payable in US dollars and;
- The Company shall be entitled to charge a currency conversion premium when converting foreign currency into US dollars or GBP.
- The Customer shall pay to the Company all sums due and payable, without any deduction, counterclaim or set-off.
- The Customer shall remain responsible for payment of all fees, charges, brokerages, commissions, allowances and duties, irrespective of whether the Company has been instructed to collect freight from or deliver freight to or collect any fees, charges or duties from any other person or entity.
- The Company may, in its absolute discretion, refuse instructions to collect cash or other payment on delivery of Goods.
- If COD deliveries are undertaken it is the Customer’s responsibility to ensure that payment will be tendered and the Company shall have no responsibility to recover payment other than to request the same.
- Unless otherwise stated, all payments for services rendered are due before collection or delivery with no exceptions whatsoever. All previous balances must be fully paid up before any order can be collected or delivered to a customer.
- Where payment for Services is not received by the Company by the due date, then the Company shall have the right to charge interest from the date of breach on all overdue amounts at the rate of Two per cent (2%) per month and to recover on a full indemnity basis all legal or debt recovery fees and expenses incurred in recovering accounts due.
- The Company shall have the right to, at any time, revoke credit or other facilities extended to the Customer.
- To cancel a Buy and Ship order, notice must be made in writing to the company within 48 hours of placing the order and making the initial payment. The buyer agrees to forfeit any payments made for orders cancelled after 48 hours of placing the order.
Shipments cannot be delivered to Post Office boxes or unverifiable addresses.
The Shipper can:
- Personally collect from our local Zigofly offices.
- Request the Company to deliver the shipment directly to their homes or places of work. The Company will use a courier service for such deliveries and all delivery costs shall be borne by the Shipper/Customer
- The Company may offer the Shipper alternative delivery options such as delivery on another day, redirection or collection at local Zigofly offices and the Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
- The Company may notify the Receiver of an upcoming delivery or a missed delivery.
- The Company also reserves the right to exclude some delivery options on request.
- If the Shipment is deemed to be unacceptable as described in Section 2, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, we shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. Zigofly shall have the right to destroy any Shipment, which any law prevents us from returning to Shipper as well as any Shipment of Dangerous Goods.
- a) Storage of goods pending delivery or in exercising
Pending forwarding and delivery or in exercising the Company’s lien, the Goods may be warehoused or otherwise held at any place at the sole discretion of the Company and at the Customer’s risk and expense.
- b) Loading and Unloading
Unless the company agrees otherwise:
- If the Company collects or delivers a Consignment to or from the customer’s premises, the customer will provide appropriate equipment and labor for loading or unloading the Consignment; and
- If a Consignment requires equipment or labor in excess of the driver to be unloaded at the Delivery Address, the customer warrants that such equipment or labor will be provided at the Delivery Address.
- Any assistance provided by the company to load or unload a Consignment will be provided at the company’s discretion and is at the sole risk of the company; the company will not be liable for any damage caused (whether negligently or otherwise). The customer will indemnify the Company and keep the Company indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which the Company suffers as a result of the provision of such assistance.
- c) Rider Liability Agreement
You agree that if you use your own agent, courier, rider or send an individual or a company to collect your consignment from any of our offices, Zigofly will not be held liable for any loss or damage that occurs thereafter and any insurance or shipment protection facilitated by Zigofly is automatically voided as soon as the consignment is collected by your agent and is out of Zigofly’s care.
- Upon delivery, the consignee shall check the condition of the goods, the quantity, weight and dimensions of packages and shall immediately report any apparent defects, damage, discrepancies and/or missing items. Should any irregularity or missing item not be immediately apparent, the consignee shall send due reservations in writing within two (2) days of the date of delivery if the proof of delivery is signed as having been received in good condition; and
- Seven (7) days of the date of delivery in Kenya (or the due date for delivery if the whole Consignment has been lost or mis-delivered) in all other cases, and make a written claim against the Company within twenty one (21) days of the date of delivery or the due date of delivery (as appropriate). Otherwise, the conditions of the goods shall be deemed as delivered in the agreed upon condition.
- Zigofly has the right to open and inspect a Shipment without notice for safety, security, customs or other regulatory reasons.
- Company’s employees shall be at liberty to effect additional wrapping and packing on such items, even in the event that such services were not originally requested. Additional charges incurred for packing will be the responsibility of the customer.
- NB: if any goods are confiscated for any reason by government authorities (e.g. customs or security personnel) during inspection, the Company will not be held liable.
8. Shipper’s Warranties
Shipper/customer shall indemnify and hold us harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
- All information provided by Shipper or its representatives is complete and accurate;
- The Shipment is acceptable for transport under Clause 4 above;
- The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to us or freight partners;
- Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations relating to the nature, condition, packaging, labelling, handling, storage and carriage of the Goods; and
- Shipper has obtained all necessary consents in relation to personal data provided to the Company including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
- It is either the owner of the Goods, an authorized agent of the owner of the Goods or acts with the consent of the owner of the Goods and accepts these terms and conditions in its own right and as agent on behalf of the owner;
- The Goods are packed to withstand ordinary risks of handling, storage and carriage having regard to their nature;
- The shipper will provide to the Company all documents, information and assistance to enable compliance with government authorities and will retain all documents or records as required by law;
- It will return or procure the return of containers delivered in a timely fashion and will follow the Company’s reasonable instructions to carry out or complete the Services.
The Customer automatically releases Company from liability and responsibility for physical damage, loss or loss due to delay for items of freight as listed below:
- Items improperly or inadequately packed or mislabeled by the shipper.
- Items not professionally packed and secured by Company or via third party hired or directed by Company.
- Items containing internal damage or concealed breakage.
- Items of inherent vice or weakness due to poor craftsmanship in fabrication.
- Items containing internal mechanics or instrumentation.
- Items with waxen, resinous, or viscous surface area, be they in wet, semi-dry, or hardened state.
- Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.
- Uncured and/or not thoroughly dry paintings; uncured and/or unset varnish applied to furniture.
- Items with directional orientation to which the shipper does not affix descriptive arrows in advance.
- Items shipped unwrapped or in a state or a packaging type explicitly not recommended by Company at the stated request of the shipper, regardless of whether such loss or damage may be caused or contributed to by the negligence of the Company, its agents or employees.
- Inherently fragile goods including but not limited to goods made of glass, ceramics, porcelain, earthenware and stoneware.
- Goods containing liquids that may leak.
In relation to subjective terms as used above (“inadequately packed”, “inherent vice”, “excessively worn”etc.), it is understood that the Customer allows and releases the Company to define and interpret these terms as reasonably and commonly acceptable in Company’s industry and as applied against common and previous occurrences in the normal course of packing and shipping;
The Company will not transport currency, species, precious stones, jewelry, negotiable documents or any other items in Company’s Prohibited Items list at any time. In the event that the Company is made to transport such items without the Company’s knowledge or consent, the Company shall remain at no liability whatsoever for, or in connection with the goods.
- Limitation of liability /Indemnification
- The Company’s liability shall under all circumstances be limited to $100.00 per shipment or transaction for loss or damage by any cause, including negligence;
- In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties;
- Should any claim in an amount in excess of the foregoing limits of liability be asserted against Company by a third party for loss or damage to Goods handled by Company, the Shipper, Consignee, and Customer shall indemnify and hold Company harmless as against any such claim. This provision shall be in force regardless of the cause of such loss or damage, including negligence. Company shall not be liable for loss or damage due to lack of detailed and specific customer instruction in handling and/or placement of goods. The provisions of this contract also extend to items damaged inside a shipper, consignee’s or customers premises or place of business.
- The Customer agrees to indemnify, defend, and hold the Company harmless from any claims and/or liability, damages, fines, penalties and/or attorney’s fees by reason of injury to or death of any person or by reason of injury to or destruction of Property or arising from the exportation of customer’s merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of export or security data supplied by Customer or its agent or representative, which violates any Federal, State and/or other laws, or from any cause including but not limited to the fault, breach of warranty or negligence of Company, its officers, agents, subcontractors or employees and/or from the fault, breach of warranty or negligence of the Customer, its officers, agents, subcontractors or employees. Customer further agrees to indemnify and hold the Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney’s fees, which the Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against the Company, it shall give notice in writing to the Customer by mail at its address on file with the Company.
- Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. The Company does not itself insure any transportation but uses reasonable care to contract with an insurance company to provide said insurance at an additional cost to Customer. The Customer agrees to the insurance company’s standard provisions, such as deductibles and limitations.
- The Said insurance value must appear on the face of the BOL and may only be entered by employees of the Company. Declared values or Insurance amounts may not be altered once freight has been received for transport unless the carrier issues written consent for such alteration.
12. Intellectual Property
- The Customer acknowledges that the Company shall retain all copyright and other intellectual property in any documents or things created by the Company in the course of providing Services.
13. Dispute Settlement
The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a Director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then:
- The parties agree to select a mutually agreeable, neutral third party to help with mediation of any dispute that arises under the terms of this Agreement.
- The costs and fees associated with the mediation shall be shared equally by the parties
- If the mediation is unsuccessful, the parties agree that the dispute shall be decided by Arbitration by a person to be agreed between the parties, or failing agreement within 14 days after either party has given to the other a written request to concur in the appointment of an arbitrator, a person to be nominated at the request of either party by the Chairman for the time being of the Law Society of Kenya.
No amendments or variation of these Trading Terms and Conditions shall be valid and binding upon the Company unless made in writing and duly executed by or on behalf of the Company.
The failure of the Company to, at any time, require performance by the Customer of any provision of this Agreement shall not be deemed to be a waiver of any of the Company’s rights unless it is expressly agreed to by the Company in writing and it shall not affect the right of the Company to require such performance by the Customer at any time thereafter.
16. Governing Law
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
18. Return Policy
- The Company does not bear any expertise in any particular product category or any specific products. As a logistics and procurement company, the Company simply facilitates the purchase of specific goods from the specified sellers of the shipper’s choice, and then ship the goods to the Shipper’s chosen destination. It is therefore the shipper’s responsibility to rigorously vet any sellers it may wish to purchase goods from, and to ensure that the shipper only requests the Company to purchase goods from sellers who are authorized dealers of the products the shipper wishes to purchase.
- If the shipper requests the Company to procure goods from unauthorized sellers, or if the goods procured through the Company turn out to be of low quality, defective, or illegitimate, the shipper agrees to indemnify the Company from any and all legal responsibility.
Buy and Ship Order Return Policy
Wrong Item Delivered
If the shipper receives an item that is different from what was ordered (i.e. different brand, make, model, SKU number, size), the Company will gladly accept the item back if returned within 3 business days.
- The Company will offer the shipper a refund, store credit, or an exchange of the item
- In order for the Company to accept a return, all items have to be unused, unworn, unwashed and undamaged.
- In order for the Company to accept a return the product seal should not be broken except for products that cannot be differentiated visually based on information provided on the product packaging.
Correct Item Delivered
- If the item delivered was the exact item ordered (i.e. correct brand, make, model, SKU number), and is functioning appropriately, the Company will not accept returns.
- The cost of any returns to a vendor for unwanted items will be paid in full by the shipper/buyer.
Returning products to the USA or UK to exercise a warranty or for repair
- The Company does not have a Kenya to USA or UK shipping service. Therefore, the Company can only do returns to the USA or UK at the shipper’s/client’s cost, using a major international courier company such as Aramex, DHL or FedEx. The shipper/client will also have to cover the costs of returning the product to Kenya. Any and all costs incurred during the return process will be covered by the shipper/client.
Used or Refurbished Items
- Due to the risks associated with purchasing used or refurbished or renewed items, the Company does not accept returns for used or refurbished items under any circumstances
- Due to the risks associated with purchasing goods from eBay sellers, the Company does not accept returns for such purchases under any circumstances.
- Due to the risks associated with purchasing goods from unauthorized dealers, the Company does not accept returns for such purchases under any circumstances.
Shipping Only Order Return Policy:
- The Company does not accept returns for any Shipping Only orders. The Company does not have a Kenya to USA shipping service and the Company therefore cannot/does not facilitate returns for Shipping Only orders.
19. Our offices and warehouses
You agree that sharing the addresses of any of our facilities with members of the public without informing them that those facilities are owned, leased or managed by Zigofly is a direct violation of our terms of service. Sharing our warehouse addresses with members of the public while purporting to own or control those facilities is a direct violation of our terms of service.