Contact Us:

Gardens Arcade Kikuyu. 3rd Floor. Suite B2. Kikuyu Road. Kikuyu Township.

(+254) 0759 46 40 47

VITU ZA MAJUU

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions apply to the services offered by Vitu
Za Majuu
, a brand of Zigofly Kenya Limited.

1. INTRODUCTION AND USER AGREEMENT

These Terms and Conditions constitute a legally binding
agreement (“Agreement”) between you (“User”,
“Customer”, “Shipper” or “You”) and Vitu Za
Majuu, a brand of Zigofly Kenya Limited
(“Vitu Za Majuu”,
“Company”, “We”, “Us” or “Our”).

This Agreement governs your access to and use of the Vitu Za
Majuu website, www.vituzamajuu.com
(“Site”), and all services offered by the Company
(“Services”).

By registering for an account, activating an account,
accessing the Site, submitting an order, or using any of the Company’s
Services, you acknowledge that you have read, understood and agreed to be bound
by these Terms and Conditions and the Company’s Privacy Policy.

You also authorize the Company to charge your approved
payment method for charges properly incurred in connection with Services
requested by you.

The Company reserves the right to amend, revise, replace or
otherwise modify these Terms and Conditions from time to time. Any revised
Terms will become effective upon publication on the Site or on such other date
as the Company may specify.

It is the User’s responsibility to review these Terms
periodically. Continued use of the Company’s Services following publication of
revised Terms constitutes acceptance of those revised Terms.

If you do not agree with these Terms or any subsequent
amendments, you must discontinue use of the Company’s Services.

2. LAWFUL USE OF SERVICES

Users shall not use the Site, the Company’s facilities or
any of the Company’s Services for any illegal, fraudulent, immoral or
prohibited activity.

By using the Services, you represent and warrant that your
activities, purchases, shipments and instructions comply with all applicable
laws, regulations, customs requirements, export controls, import controls,
sanctions, prohibitions and restrictions.

The Company reserves the right to investigate suspected
violations of these Terms and may, where reasonably necessary or legally
required:

  • Suspend or terminate a User’s account;

  • Refuse or cancel a transaction or shipment;

  • Report suspected unlawful activity to law enforcement authorities, regulators or other competent authorities; and

  • Disclose information relating to the User where permitted or required by applicable law and the Company’s Privacy Policy.

Any costs reasonably incurred by the Company as a result of
a User’s breach of these Terms or unlawful conduct may, to the extent permitted
by law, be recoverable from the User.

3. NATURE OF THE COMPANY’S SERVICES

The User acknowledges that Vitu Za Majuu is not itself a
carrier of cargo
.

The Company primarily acts as an agent or facilitator on
behalf of its Customers and may select, appoint and engage independent
carriers, freight forwarders, freight agents, customs service providers and
other third-party service providers for purposes of facilitating
transportation, customs clearance and delivery.

Depending on the Service requested, the Company may:

  • Assist Customers with online purchases;

  • Receive merchandise on behalf of Customers;

  • Sort, consolidate and repack merchandise;

  • Arrange export transportation;

  • Arrange international freight;

  • Facilitate customs clearance through independent service providers;

  • Arrange local delivery; and

  • Provide other related logistics and forwarding services.

At the Customer’s direction, the Company may arrange
transportation and delivery through independent freight forwarders, carriers or
other service providers.

Unless expressly stated otherwise, such third parties are
independent contractors and are not employees of the Company.

The User authorizes the Company, where necessary, to appoint
freight forwarders, carriers, customs agents or other appropriate service
providers to undertake customs clearance, entry procedures and related
formalities on the User’s behalf.

The Customer acknowledges that the Company, carriers,
freight forwarders, customs authorities and other competent authorities may
inspect or open packages where necessary for operational, safety, security,
customs or regulatory purposes.

4. CUSTOMER RESPONSIBILITY FOR TRADE COMPLIANCE

The Customer is responsible for ensuring compliance with all
applicable import, export, customs, product, safety and regulatory requirements
relating to merchandise purchased, shipped or received through the Services.

This includes compliance with the laws and regulations of:

  • Kenya;

  • The country of export;

  • The country of origin;

  • Any country through which the shipment transits; and

  • Any other jurisdiction applicable to the transaction.

The Customer must ensure that goods submitted for shipment
are lawful, properly declared and accompanied by all required permits,
licences, approvals, certificates and supporting documentation.

5. USE OF COMPANY WAREHOUSE ADDRESSES

Warehouse, receiving and operational addresses provided by
the Company are made available solely for authorized use by registered
Customers.

Users shall not represent themselves as owners, operators,
brokers, agents or authorized representatives of any Company warehouse,
facility or address unless expressly authorized in writing by the Company.

Users shall not share Company warehouse addresses with
unregistered third parties in a manner that falsely represents ownership,
agency or authority over those facilities.

6. REGISTRATION AND ELIGIBILITY

Before registering for or using the Services, Users must
read and accept these Terms and Conditions and the Company’s Privacy Policy.

The Services are available only to persons legally capable
of entering into binding contracts.

Persons under the age of eighteen (18) may not register for
or use the Services.

Where a User registers or transacts on behalf of a company,
partnership or other legal entity, that User represents and warrants that they
have authority to bind that entity to this Agreement.

Registration through the Company’s online portal or approved
physical registration process is free unless otherwise communicated by the
Company.

7. USER ACCOUNTS AND USE OF THE SITE

The User agrees to:

  • Comply with the Company’s account and security verification procedures;

  • Maintain the confidentiality of their account credentials;

  • Not sell, transfer, assign or improperly disclose their User ID or account;

  • Provide accurate, complete and current information;

  • Comply with all applicable laws and regulations; and

  • Pay all applicable fees and charges arising from Services requested.

The User acknowledges that the Company may offer different
Service plans with different rates, features and fees.

The Company will make reasonable efforts to ensure that
information published on the Site is accurate and current. However, the Company
does not warrant that all information on the Site will at all times be
complete, accurate or up to date.

The Company does not guarantee that the Site will always be
available, uninterrupted, secure or error-free.

Access may be affected by circumstances including
telecommunications failures, equipment failure, system maintenance, power
interruptions, cyber incidents or other events beyond the Company’s reasonable
control.

The Company may suspend, limit or terminate a User’s access
to the Site or Services where:

  • The User breaches these Terms;

  • Information provided by the User cannot reasonably be verified;

  • The Company reasonably suspects that an account has been compromised;

  • The User engages in unlawful or fraudulent conduct; or

  • Continued provision of Services may expose the Company or another person to legal, operational, regulatory or financial risk.

8. SHOP AND SHIP FOR ME SERVICE

Under the Shop and Ship For Me Service, the Company
may assist a Customer to purchase merchandise from third-party merchants.

Unless merchandise is expressly advertised and sold directly
by the Company, Vitu Za Majuu is not the retailer or reseller of merchandise
purchased from third-party merchants
.

When providing this Service, the Company acts as the
Customer’s purchasing agent or representative.

The Company is not responsible for the merchant’s:

  • Terms and conditions;

  • Product descriptions;

  • Warranties;

  • Availability;

  • Quality;

  • Delivery performance;

  • Return policies;

  • Refund policies; or

  • Other representations or obligations.

The Company does not guarantee that merchandise requested by
a Customer will:

  • Be available;

  • Remain available at the quoted price;

  • Be delivered by the merchant;

  • Arrive without damage;

  • Function as described; or

  • Meet the Customer’s expectations.

The Company may reject or cancel an item where it is:

  • Out of stock;

  • Back-ordered;

  • Available only at a higher price;

  • Ordered using unclear, incomplete or ambiguous information;

  • Unsuitable for transportation;

  • Classified as hazardous or dangerous goods;

  • Prohibited or restricted by applicable law; or

  • Restricted by IATA, ICAO, customs authorities, export-control authorities or another relevant regulatory body.

Where some items in an order are unavailable but others
remain available, the Company may process the available items.

Cancellation of the entire order remains subject to the
Company’s discretion and the applicable merchant’s terms.

While the Company will make reasonable efforts to process
purchasing instructions promptly, it shall not be responsible for delays caused
by merchants, product availability or other circumstances beyond its reasonable
control.

The Company reserves the right to reject any purchase
request.

Once an order has been placed with a third-party merchant,
any amendment or cancellation will be subject to the merchant’s terms and the
Company’s ability to make the requested change.

Service charges and fees paid to the Company for the Shop
and Ship For Me Service are non-refundable unless expressly agreed otherwise in
writing.

9. ORDER VERIFICATION

The Company will exercise reasonable care when placing
orders on behalf of Customers.

The Customer is responsible for reviewing any invoice,
quotation or order summary issued by the Company.

Any discrepancy must be reported to the Company within one
(1) business day
after the relevant invoice or order summary is issued.

If no discrepancy is reported within that period, the order
details may be treated as having been accepted by the Customer.

10. MERCHANT RESTRICTIONS AND WARRANTIES

Certain merchants may restrict the forwarding or export of
their merchandise outside their designated sales territories.

While the Company may provide information concerning known
restrictions, the Company does not guarantee that any such information will be
complete or current.

Customers remain responsible for understanding the
merchant’s applicable sales, export, warranty and geographical restrictions.

Unless otherwise agreed, the Company does not process
merchant rebates, promotional refunds or discounts on behalf of Customers.

Any product warranty claim must generally be pursued
directly with the relevant merchant or manufacturer.

11. PLACING AN ORDER

Customers must provide sufficient written instructions to
enable the Company to process an order or shipment.

Such information may include:

  1. Full name of the Customer, shipper and/or consignee;

  2. Valid telephone number and email address;

  3. Accurate description of the merchandise;

  4. Quantity of goods;

  5. Value of the goods;

  6. Relevant product links;

  7. Number and type of packages;

  8. Gross and/or net weight, where applicable;

  9. Shipper and consignee addresses;

  10. Place of receipt or delivery;

  11. Preferred method of transportation, including air, sea, road, express, groupage, break-bulk or containerized transport; and

  12. Any special customs, documentation, clearance, packaging or transportation instructions.

Any verbal instructions accepted by the Company should be
confirmed in writing by email, letter or an approved online quotation/order
form.

The Customer is responsible for ensuring that all
information and instructions supplied are accurate and complete.

The Company will perform accepted Services based on the
information and instructions provided by the Customer.

12. REFUNDS, ONLINE TRANSACTION DISPUTES AND RETURNS

Where the Company acts only as the Customer’s representative
in purchasing merchandise from a third-party merchant, responsibility for
refunds, transaction disputes, returns and merchant remedies generally remains
subject to the merchant’s applicable terms.

The Company shall not be responsible for losses or costs
arising from a merchant’s refusal to accept a return, issue a refund, honor a
warranty or resolve a transaction dispute, except where such loss arises
directly from a breach of the Company’s obligations under these Terms.

Where appropriate, the Company may agree to assist the
Customer with a return, refund or dispute process, but such assistance does not
constitute a guarantee of a successful outcome.

13. SHIP FOR ME SERVICE

Under the Ship For Me Service, eligible Customers may
be provided with a United States and/or United Kingdom delivery address for use
when purchasing products from third-party merchants.

The Customer authorizes the Company or its appointed agent
to receive Products at the designated overseas address on the Customer’s behalf
and arrange transportation to the Customer’s nominated Shipment Address.

The Company reserves the right to open and inspect shipments
without prior notice where reasonably required.

The Company may refuse to receive, consolidate, return or
transport any Product where it considers such action necessary for safety,
legal, operational, security or regulatory reasons.

Where permitted, the Company may act on the Customer’s
behalf to:

  • Prepare or complete transportation documents;

  • Correct or amend appropriate shipment or product codes;

  • Facilitate payment of applicable duties or taxes;

  • Prepare shipping documents;

  • Facilitate customs clearance; and

  • Engage appropriate third-party freight or customs service providers.

14. PRODUCT DECLARATIONS

Unless otherwise required by law or customs authorities, the
declared value of an item will ordinarily be based on the merchant’s invoice.

Customers must provide genuine and accurate invoices and
supporting documentation.

False, altered, misleading or undervalued declarations are
prohibited.

15. SHIPMENT ADDRESSES

Once a Shipment Address has been confirmed and shipment
processing has commenced, changes may not always be possible.

Any request to amend an address will be subject to
operational feasibility and may attract additional charges.

The Customer acknowledges that shipments may be routed
through intermediate transit points and authorizes reasonable routing,
transshipment and diversion required for transportation.

16. CUSTOMS, DUTIES AND TAXES

Unless expressly stated in the applicable quotation or
Service description, shipping charges do not include customs duties, taxes,
levies, inspection charges, clearance charges or similar governmental fees.

The Customer is responsible for all customs duties, taxes,
tariffs, levies and other charges imposed in relation to the Customer’s
shipment unless the Company expressly agrees otherwise in writing.

Where the Company pays any such amount on behalf of the
Customer, the Customer shall reimburse the Company.

17. CUSTOMER VERIFICATION OF INCOMING PACKAGES

Customers are responsible for confirming that merchandise
delivered by a merchant to the Company’s overseas warehouse corresponds with
the merchandise ordered.

Where offered, photographs of the exterior of incoming
packages are intended to help Customers verify details such as:

  • Customer name;

  • Tracking number;

  • Package condition; and

  • Address information.

An exterior photograph does not constitute confirmation of
the contents inside the package.

The Company shall not be responsible for loss, damage or
misdelivery occurring before a package is received by the Company or its
authorized overseas agent.

18. PRICING

The Company’s applicable rates are published on its Site or
communicated in quotations issued to Customers.

Transportation charges may be calculated using:

  • Actual weight; or

  • Dimensional/volumetric weight,

whichever is greater, where applicable.

Additional charges may apply for customs processing,
storage, special handling, packaging, insurance, delivery or other Services.

19. UNACCEPTABLE SHIPMENTS

A shipment may be considered unacceptable where:

  • The address is incorrect, incomplete or improperly marked;

  • Packaging is defective or insufficient for ordinary transportation and handling;

  • The shipment cannot reasonably be transported safely;

  • The shipment cannot legally be transported;

  • The shipment contains prohibited or restricted goods; or

  • The shipment otherwise fails to comply with the Company’s published shipping requirements.

The Customer is responsible for reviewing the Company’s
current list of prohibited and restricted items before submitting merchandise
for shipment.

20. INSURANCE

The Company may provide limited shipment protection against
loss or damage in transit up to the amount stated in the applicable Service
terms, currently indicated as USD 100, subject to applicable conditions
and exclusions.

Customers shipping goods with values exceeding the standard
protection limit are strongly encouraged to obtain additional insurance.

A Customer may arrange additional insurance independently or
request the Company to assist in obtaining cover from a third-party insurer.

Unless specifically requested by the Customer in writing and
confirmed by the Company in writing, the Company has no obligation to procure
additional insurance.

All premiums and related insurance costs are payable by the
Customer.

Where the Company assists in arranging insurance:

  • The insurer, not the Company, provides the insurance;

  • The insurer’s terms, conditions, exclusions, deductibles and limits apply; and

  • Any claim remains subject to the insurer’s assessment.

Declared values and insurance values may not be amended
after freight has been accepted for transportation unless the relevant carrier
or insurer agrees in writing.

21. ADDRESSING REQUIREMENTS

Customers must ensure that merchants correctly label each
package with:

  • The Customer’s full name;

  • Telephone number;

  • Current Company warehouse address; and

  • Any assigned customer, suite, account or identification number.

The Company shall not be liable for loss, delay or
misidentification arising from incomplete, inaccurate or outdated addressing
information supplied by the Customer or merchant.

22. STORAGE

Pending forwarding, delivery or the exercise of any lawful
lien, goods may be stored at a location selected by the Company or its
appointed service provider.

Packages received at overseas warehouses may be held for the
applicable free-storage period communicated by the Company.

Subject to the applicable Service arrangements, packages
that remain unprocessed after the stated storage period may:

  • Incur storage charges;

  • Be automatically scheduled for shipment; or

  • Be treated in accordance with the Company’s abandoned or unclaimed goods procedures.

Where several packages are consolidated, storage periods may
be calculated from the arrival date of the earliest package in the
consolidation.

Adding additional packages to an existing consolidation does
not necessarily restart the storage period.

23. CONSOLIDATION AND REPACKAGING

The Company may provide consolidation and repackaging
Services within reasonable operational limits.

Customers must notify the Company of expected packages and
provide appropriate shipment information, including tracking numbers where
available.

The Company is not responsible for an item alleged to be
missing from a consolidated shipment unless there is reasonable evidence that
the item was received into the Company’s custody.

Customers who require verification of package contents
should request an inspection or internal package photograph before
consolidation.

Such inspection or photography may attract an additional
charge.

Unless instructed otherwise, the Company may remove
catalogs, promotional materials or unnecessary packaging during consolidation
where doing so is reasonably intended to reduce shipment weight or volume.

24. ABANDONED, UNCOLLECTED, UNCLAIMED, REFUSED OR UNDELIVERABLE PACKAGES

Upon arrival in Nairobi, Customers must collect their
packages or settle outstanding shipment charges within the period communicated
by the Company.

The Company currently provides a limited free-storage
period of fourteen (14) days, after which additional storage and/or interest charges of 350 per day and 5% per month interest charge on the outstanding charges will apply.

A package may be treated as abandoned, uncollected, unclaimed,
refused or undeliverable where, among other circumstances:

  • The Company cannot contact the Customer despite reasonable attempts;

  • The Customer fails to collect the package;

  • Delivery attempts are unsuccessful;

  • The recipient cannot reasonably be identified or located;

  • The recipient refuses the shipment;

  • The Customer refuses or fails to pay applicable freight charges, duties, taxes or fees;

  • The shipment is unacceptable for transport;

  • The shipment has been improperly or unlawfully declared; or

  • The package remains unclaimed beyond the applicable storage period.

The Company reserves the right to take steps to recover outstanding charges and interests, including engaging debt recovery service providers and/or pursuing legal action against the shipper and consignee without further notice to you.

The Company reserves the right to sell, return, dispose of or otherwise deal with abandoned, uncollected, unclaimed, refused or undeliverable goods however it may deem fit and for the purpose of recovering outstanding costs.

25. LOCAL DELIVERY

Customers may:

  • Collect shipments from designated Company premises; or

  • Request delivery to an approved residential, business or other delivery address.

The Company may use independent courier or delivery
providers.

Where independent service providers are used, delivery may
also be subject to that provider’s applicable terms and conditions.

Unless otherwise agreed, local delivery costs are payable by
the Customer.

The Company may notify the recipient of an expected or
missed delivery and may restrict particular delivery options where
operationally necessary.

26. LOADING AND UNLOADING

Unless otherwise agreed in writing, where the Company
collects or delivers goods at the Customer’s premises, the Customer is
responsible for providing suitable equipment and sufficient labour required for
safe loading or unloading.

Where special equipment or labour beyond the driver’s normal
duties is required, the Customer must ensure that such equipment or labour is
available.

Any additional loading or unloading assistance provided by
the Company will be subject to operational availability and applicable charges.

The Customer shall be responsible for loss, damage, injury
or expense arising from unsafe premises, insufficient equipment, inadequate
labour or other circumstances within the Customer’s control.

26. COLLECTION BY CUSTOMER’S AGENT, COURIER OR RIDER

Where a Customer appoints their own agent, courier, rider,
employee or other third party to collect a shipment from the Company’s
premises, responsibility for the shipment transfers to the Customer or their
appointed representative upon lawful release and collection.

Any shipment protection or insurance arranged specifically
for transportation while the shipment remains in the Company’s custody may
cease once the goods are released to the Customer’s independent representative,
subject to the applicable insurance terms.

26. CLAIMS FOR LOSS OR DAMAGE

Only packages that have been received into the custody of
the Company or its authorized service provider and accepted for shipment are
eligible for consideration under the Company’s transit loss or damage claim
procedures.

Upon delivery, the Customer or consignee must inspect the
shipment for:

  • Visible damage;

  • Missing goods;

  • Quantity discrepancies;

  • Weight discrepancies; and

  • Package irregularities.

Visible damage or shortages should be reported immediately.

Where loss or damage is not immediately apparent, the
Customer should submit a written notification within two (2) days of
delivery
, particularly where proof of delivery was signed without
reservation.

Claims for loss or damage must also comply with the
applicable carrier’s claim deadlines.

A claim will be considered properly submitted when the
Company receives the required documentation, which may include:

  • A completed claim form;

  • Photographs;

  • Merchant invoices;

  • Proof of purchase;

  • Tracking information; and

  • Other supporting evidence reasonably requested.

Claims will be reviewed individually.

The review process may take up to thirty (30) calendar
days
, depending on the nature of the claim and information required from
third-party carriers or insurers.

26. COMMODITY-SPECIFIC LIMITATIONS

Certain categories of goods may be subject to special
liability limits, exclusions or insurance conditions because of their nature or
susceptibility to damage.

Such commodities may include:

  • Televisions;

  • Computers;

  • Electronics;

  • Jewellery;

  • Figurines;

  • Furniture;

  • Lighting products; and

  • Other fragile or high-value goods.

Where a specific commodity liability limit applies,
compensation may be limited to the lowest applicable amount among:

  • The declared value;

  • Verified purchase price;

  • Applicable insurance limit; or

  • Commodity-specific liability limit.

The Company shall not be responsible for loss or damage
occurring before a package enters its custody or for concealed damage
attributable to manufacturer or merchant packaging where the Company did not
reasonably cause the damage.

26. SHIPPING DELAYS

The Company will make reasonable efforts to arrange delivery
in accordance with published or estimated shipping schedules.

Shipping and delivery dates are estimates unless expressly
guaranteed in writing.

The Company shall not be responsible for delays caused by
independent airlines, shipping lines, freight carriers, customs authorities,
government agencies or other circumstances beyond the Company’s reasonable
control.

26. PHOTOGRAPHS OF PACKAGES

Where available, the Company may provide photographs of
packages received at its overseas warehouse at no additional charge.

Such photographs may show the external package, including
the Customer’s name, tracking number or package condition.

External photographs do not confirm:

  • The contents of the package;

  • Product quantity;

  • Product authenticity;

  • Internal damage; or

  • Product condition.

Customers may request internal inspection and photography
where the Service is available.

Additional charges may apply.

26. INSPECTION

The Company reserves the right to open and inspect shipments
without prior notice where reasonably required for:

  • Safety;

  • Security;

  • Customs compliance;

  • Regulatory compliance;

  • Transportation requirements; or

  • Verification of shipment information.

Where additional packaging or wrapping is reasonably
required to protect the shipment or comply with transportation requirements,
the Company may perform such work and charge the Customer the applicable cost.

The Company shall not be responsible for goods confiscated,
detained, seized or destroyed by customs, security agencies or other competent
government authorities, except to the extent that such action results directly
from the Company’s unlawful conduct.

26. SHIPPER’S WARRANTIES

The Customer represents and warrants that:

  1. All information supplied to the Company is complete and accurate.

  2. The shipment is acceptable for transportation.

  3. The shipment has been prepared and packaged in a reasonably secure manner.

  4. The shipment complies with applicable customs, import, export, sanctions, embargo, data protection, product, packaging, labelling, storage and transportation laws.

  5. The Customer has obtained any required consent for personal information supplied to the Company, including information relating to recipients.

  6. The Customer owns the goods, is an authorized agent of the owner, or otherwise has lawful authority to ship the goods.

  7. The goods are adequately packed to withstand the ordinary risks of handling, storage and carriage.

  8. The Customer will provide all documentation, information and assistance reasonably required by the Company or competent authorities.

  9. The Customer will retain records where required by applicable law.

  10. Any reusable containers or equipment supplied in connection with the shipment will be returned as required.

The Customer shall indemnify the Company against losses,
liabilities, costs or claims arising directly from the Customer’s material
breach of these warranties, subject to applicable law.

26. EXCLUDED OR HIGH-RISK GOODS

Subject to applicable law, the Company may exclude or limit
liability in relation to goods particularly susceptible to loss or damage,
including:

  • Goods inadequately packaged or incorrectly labelled by the shipper;

  • Goods transported contrary to the Company’s packaging recommendations;

  • High-value goods not declared to the Company;

  • Goods for which special delivery requirements were not requested;

  • Goods with concealed internal damage;

  • Goods affected by inherent vice;

  • Goods containing delicate internal mechanisms;

  • Goods with waxed, resinous or viscous surfaces;

  • Damaged or heavily worn antiques;

  • Items with existing repairs or breakage;

  • Uncured paintings, varnishes or finishes;

  • Goods requiring directional handling but lacking appropriate markings;

  • Prohibited or restricted goods;

  • Glass;

  • Ceramics;

  • Porcelain;

  • Earthenware;

  • Stoneware; and

  • Goods containing liquids capable of leaking.

Where subjective terms such as “inadequately
packed”, “inherent vice” or “excessively worn” are
used, they shall be interpreted reasonably with regard to normal transportation
and logistics industry practice.

26. PROHIBITED HIGH-VALUE ITEMS

The Company will not knowingly accept prohibited goods,
including any items identified on its current Prohibited and Restricted Items
List.

Where prohibited items are concealed from the Company or
submitted without proper disclosure, the Company may refuse carriage, return
the goods, surrender them to the appropriate authorities or otherwise deal with
them as required by law.

26. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the
Company shall not be liable for indirect, incidental, special or consequential
loss arising from the provision of Services, including loss of profit, loss of
opportunity or similar economic loss.

Any applicable limitation of liability is subject to:

  • Applicable Kenyan law;

  • The nature of the Service;

  • Relevant carrier terms;

  • Applicable insurance arrangements; and

  • Any mandatory consumer or commercial protections that cannot lawfully be excluded.

Where the Company’s standard shipment protection is limited
to USD 100, such limitation shall apply only to the extent permitted by
law and subject to the applicable Service, insurance and liability terms.

26. THIRD-PARTY DISPUTES

Where a dispute arises between a Customer and a merchant,
carrier, courier, service provider or other third party, the Company shall not
automatically become responsible for that third party’s obligations solely
because the Company’s Services were used in connection with the transaction.

Nothing in this clause releases the Company from liability
for its own obligations to the extent such liability cannot lawfully be
excluded.

26. DISPUTE RESOLUTION

The Parties shall first attempt in good faith to resolve any
dispute arising out of or in connection with this Agreement through
negotiation.

Where appropriate, the dispute should be referred to a
Director or other senior representative of each Party who has authority to
negotiate a settlement.

If the dispute is not resolved amicably within fourteen
(14) days
after one Party gives written notice of the dispute to the other
Party, either Party may seek legal advice or commence proceedings before a
court of competent jurisdiction.

26. NON-WAIVER

Failure or delay by the Company in enforcing any provision
of these Terms shall not constitute a waiver of that provision or any other
right.

A waiver shall only be effective where expressly made in
writing by an authorized representative of the Company.

26. GOVERNING LAW

These Terms and Conditions shall be governed by and
construed in accordance with the laws of the Republic of Kenya.

26. SEVERABILITY

If any provision of these Terms is held to be invalid,
illegal or unenforceable, the remaining provisions shall continue in full force
and effect to the extent permitted by law.

26. FORCE MAJEURE

The Company shall not be liable for delay or failure to
perform its obligations where such delay or failure arises from circumstances
beyond its reasonable control.

Such circumstances may include:

  • Acts of God;

  • Natural disasters;

  • War;

  • Civil unrest;

  • Riots;

  • Industrial action or labour strikes;

  • Transportation disruption;

  • Airline or shipping interruption;

  • Government action;

  • Telecommunications failure;

  • Information technology failure;

  • Cyberattacks;

  • Hacking;

  • Server or software failure;

  • Infrastructure failure;

  • Acts or omissions of third-party suppliers; or

  • Other comparable circumstances beyond the Company’s reasonable control.

The Company shall use reasonable efforts to resume affected
Services once circumstances reasonably permit.

26. CONTACT

Questions, complaints or concerns relating to these Terms,
the Site or the Company’s Services may be directed to the Vitu Za Majuu
customer service team at:

Email: shop@vituzamajuu.com / contact@zigofly.com

Website: www.vituzamajuu.com


Vitu Za Majuu by Zigofly

A Brand of Zigofly Kenya Limited