Terms & Conditions
Welcome to Tradecon (Mombasa) Limited’s website. These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries and affiliate operated Internet sites which reference these Terms and Conditions. By accessing the Site, you confirm your understanding of the Terms and Conditions. The Site reserves the right to change, modify, add or remove portions of both Terms and Conditions of Use and the Terms and Conditions of Sale from time to time without prior notice. By continuing to use the Site, you agree that the amended Terms and Conditions will apply to you. The Terms and Conditions may not otherwise be modified except in writing by an authorized officer of Tradecon (Msa) Limited.
Kindly review the Terms and Conditions listed below carefully and diligently prior to using the website. Your use of the website will automatically indicate your agreement to be wholly bound by its Terms and Conditions without any modifications. If you are unsure of the meaning of any part of these Terms and Conditions or have any queries regarding the Terms and Conditions, you will contact us for clarifications. These Terms and Conditions fully govern the use of this website, therefore, any extrinsic evidence, whether oral or written shall not be corroborated.
If any clause of these Terms and Conditions is null and void or becomes null and void then the remainder of the Terms and Conditions shall remain in force as far as possible and the relevant clause shall be replaces by a clause that reflects the intention of the original clause as much as possible.
TERMS AND CONDITIONS OF USE
- Use of the Site
You confirm that you are at least 18 years of age, of sound mind and capable of entering into a binding agreement or contract with Tradecon (Msa) Limited. If you are not in agreement with the Terms and Conditions of the Site, or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable and non-exclusive license to use this website in accordance with the Terms and Conditions of Use for such things as shopping of items sold on the site, gathering prior information regarding our products and services and making purchases. - User Accounts
Each user must be registered on the website to access or use some Services. Tradecon (Msa) Limited may cancel or terminate a User’s account if Tradecon (Msa) Limited has reasons to suspect that the User has concurrently registered or controlled two or more member accounts.
Upon registration, Tradecon (Msa) Limited shall assign an account and issue a member ID and password (this shall be chosen by a registered User during registration) to each registered User.
Each registered User shall be solely responsible for maintaining the confidentiality and security of their member ID and password and for all activities that occur under their accounts.
No User may share, assign, or permit the use of their Member account, ID or password by another person outside of the Member’s own business entity. The User agrees to notify Tradecon (Msa) Limited immediately of any unauthorized use of your password of your account or any other breach of security of your account. Members also agree that any activities carried out under their accounts shall be deemed to be authorized by the Member.
The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. - User Submissions
Anything submitted by Users to the website and/or provide to us, including but not limited to, questions, reviews, comments and suggestions will become the sole and exclusive property of Tradecon (Msa) Limited and shall not be returned to you.
In addition to the rights applicable to any submissions, when a User posts comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment or other content.
The User represents, warrants and agrees that the Submissions shall;
• Be true, accurate, complete and lawful
• Not be false, misleading or deceptive
• Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful
• Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Not violate any applicable laws and regulations or promote any activities which may violate any applicable laws and regulations.
Tradecon (Msa) Limited reserves the right in our sole discretion to remove, modify or reject any submissions that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms and Conditions, could subject Tradecon (Msa) Limited to liability, or otherwise is found inappropriate in Tradecon (Msa) Limited’s opinion. - User’s Responsibilities
Each Member represents, warrants and agrees that you shall;
• Carry on your activities on the website in compliance with any applicable laws, regulations and Tradecon (Msa) Limited’s Terms and Conditions.
• Not use the website to defraud any person or entity (including without limitation, sale of stolen items, use of stolen credit/debit cards
• Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity
• Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability) or encourage or abet any unlawful activities.
• Not engage in any activities that would otherwise create any liability for Tradecon (Msa) Limited
Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdiction to ensure that all use of the Site and Services are in compliance with the same. - Breach by Users
If any User breaches any Terms and Conditions, or if Tradecon (Msa) Limited has reasonable grounds to believe that a User or Member is in breach of any Terms and Conditions, Tradecon (Msa) Limited shall have the right to take such disciplinary actions as it deems appropriate, including and without limitation:
• Suspending or termination the User’s Account and any and all accounts determined to be related to such account by Tradecon (Msa) Limited in its discretion
• Restricting, downgrading, suspending or terminating the access to, or current or future use of any Service
• Remove any submissions that the User may post or display
• Imposing other restrictions on the User’s use of any features or functions of any Service as Tradecon (Msa) Limited may consider appropriate in its sole discretion
• Any other corrective actions, discipline or penalties as Tradecon (Msa) Limited may deem necessary or appropriate in its sole discretion
Without limitation to the generality of the provisions of the Terms and Conditions, a User would be considered as being in breach of the Terms and Conditions of Use in any of the following circumstances;
• Tradecon (Msa) Limited believes that the User’s actions may cause financial loss or legal liability to Tradecon (Msa) Limited or any other Users
• Tradecon (Msa) Limited has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue , inaccurate or misleading
• Tradecon (Msa) Limited has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party
Tradecon (Msa) Limited reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Tradecon (Msa) Limited may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party of as a result of a subpoena or other legal action. Tradecon (Msa) Limited shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Tradecon (Msa) Limited for such disclosure. - Indemnity
To the maximum extent permitted by law Tradecon (Msa) Limited makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the website. Tradecon (Msa) Limited does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website does not violate any third party rights.
Each User hereby agrees to indemnify and save Tradecon (Msa) Limited, our affiliates (if any), directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the website or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions of the Terms.
Each User hereby further agrees to indemnify and save Tradecon (Msa) Limited, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities, (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User further agrees that Tradecon (Msa) Limited is not responsible and shall not have liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Tradecon (Msa) Limited reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Tradecon (Msa) Limited in asserting any available defenses.
Tradecon (Msa) Limited shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruptions, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from ant of the following;
• The use or the inability to use the Website or Service;
• Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the site;
• Violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or service offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
• Unauthorized access by third parties to data or private information of any User;
• Statements or conduct of any User of the Site;
• Any matter relating to Services however arising, including negligence. - Arbitration
Any disputes, controversies or differences arising out of the implementation, interpretation, performance of these Terms and Conditions shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of arbitration shall be in Mombasa. The language used for the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act Number 4 of 1995 Laws of Kenya. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of confidential information through injunctive or other equitable relief through competent courts.
8. Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices in the operation of the Site, your sole and exclusive remedy is to discontinue using the Site. - Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws of the Republic of Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan Courts and to waive any objections based upon venue.
TERMS AND CONDITIONS OF SALE
All product images on our website are just representation of actual product which may differ slightly unless and otherwise confirmed, stamped and verified by Tradecon (Msa) Limited.
I. Payment Terms
Payment of goods must be done before goods are dispatched except where otherwise agreed, in Kenya Shillings (Kshs.) or US Dollars (USD) and therefore acceptable through the following mediums;
• MPESA (Safaricom Money Transfer)
• Airtel Money (Airtel Money Transfer)
• Electronic Funds Transfer (EFT)
• Cheque*
• Cash
• Purchase by Credit Cards to follow.
*Goods purchased by Cheque payment will only be delivered once the Cheque has been cleared by the Bank. Tradecon (Msa) Limited’s bank details will appear on the order form. The client shall scan and email us a copy of the Bank Transfer receipt as evidence of payment.
Open accounts may be available on terms approved by Tradecon (Msa) Limited.
Interest of 10%* per month shall be accrued on all overdue accounts from the date due for payment until payment is received in full.
NOTE: All goods purchased within Kenya are subject to 16% VAT.
II. Invoicing and Credit
Invoices will be issued within twenty four (24) hours of supply. All payments must be made without deductions, withholdings or offsetting whatsoever, unless otherwise agreed with Tradecon (Msa) Limited in writing. Invoices must be in a form acceptable to the Company and must contain the following information;
• A copy of the Local Purchase Order (LPO) to which the invoice relates;
• A brief description of the Supply provided;
• Any further verification or documentation in relation to the Invoice as is reasonably required;
An invoice shall be deemed to have been received by the Buyer twenty four (24) hours after dispatch of the invoice by Tradecon (Msa) Limited either electronically or by hard copy.
III. Delivery
Delivery within Kenya will be through local courier companies. However note these couriers companies do not deliver to all destinations, therefore goods will be dispatched to their nearest office. International orders will be dispatched through an international courier company.
Delivery within Mombasa will be done within two (2) business days while delivery outside Mombasa will require up to a maximum of fourteen (14) business days.
At the time of delivery you or your representative will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. We will assume that anyone at the delivery address who receives the goods is authorized to receive them and provide the acknowledgement. Therefore, goods shall be deemed to have been received in good order and according to specifications unless the buyer notifies Tradecon (Msa) Limited within forty eight (48) hours of actual delivery and returned within seven (7) working days. Tradecon (Msa) Limited shall be under no liability for any delay or failure to deliver the products within estimated timescales where they did not occur due to our fault or negligence.
Failure on the part of the company to deliver the goods in time shall not entitle the client to repudiate the order with regards to any undelivered goods.
The order must be collected within two (2) business days upon notification that the goods are ready for collection. Failure on the part of the Buyer to collect the goods within the foregoing specified period of time will attract a fine of 5% of the total value of the order up to a maximum of thirty (30) days, after which Tradecon (Msa) Limited reserves the right to resell the products to recover storage costs and other expenses incurred with no refund of any full payments made earlier by the Buyer.
IV. Shipping
Tradecon (Msa) Limited accepts orders from all around the globe and shipment also done worldwide. However please note that not all products can cross international borders subject to certain restrictions. For any enquiries feel free to contact us. Shipping costs will depend on the size and weight of the item and the destination of the delivery of ordered goods.
Shipment will only be made once the payment of the goods has been received in full.
Shipment costs incurred during delivery of international orders will be advised before the goods are shipped to the client.
V. Force Majeure
Force Majeure are defined as instances that would prevent the fulfilment of the commitment and which cannot be attributed to Tradecon (Msa) Limited, therefore, under no circumstances shall Tradecon (Msa) Limited be held liable for any delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from;
• Terrorism, war, civil unrest, disaster, weather, acts of God
• Strikes, unofficial strikes or political strikes in business;
• Unforeseeable general transport problems;
• Major changes to exchange rates, government measures, including import and export bans;
• Abnormal price increase for labor, raw materials and energy
• internet failures, computer, telecommunications or any other equipment failures, electrical power failures
Throughout the period of force majeure, delivery and other obligations shall be suspended. Tradecon (Msa) Limited has the right to invoke force majeure if the circumstances that interfere with (further) fulfillment of our obligations occur. If Tradecon (Msa) Limited has already fulfilled its obligations or is only able to partly fulfil its obligations when the force majeure occurs, then the Buyer confirms that the orders have been fulfilled in part and that Tradecon (Msa) Limited is entitled to separately invoice for that which has already been delivered.
If the period during which fulfilment of obligations by Tradecon (Msa) Limited is not possible due to force majeure lasts longer than two months then both parties are entitled to cancel the order.
VI. Right to Correct, Reject or Cancel Orders
We are determined to provide the most accurate pricing information on the Site to our Users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. In the event that we are unable to provide the services, we will inform you of this as soon as possible.
VII. Liability Clause
Tradecon (Msa) Limited shall not be liable to any consequential defect, loss or damage of goods suffered within the period of delivery and acceptance of goods.
Upon acceptance by the freight agent of Tradecon (Msa) Limited’s product, all risks and title in the goods passes to the Buyer. The Buyer shall ensure that they take out any insurance required to protect the goods from this point forward. The Buyer shall be deemed to have accepted the correctness of all invoices issued by Tradecon (Msa) Limited in respect of the quantity and prices levied in the invoices unless the Buyer has objected in writing to any such invoice within a period of twenty-four (24) hours of the time of receipt of such invoice. Tradecon (Msa) Limited shall not be liable to the Buyer for any loss of business, damages or losses whatsoever due to delays in delivery of products ordered.
VIII. Returns & Replacements
Goods once sold shall not be returned or accepted unless there exists a prior arrangement with Tradecon (Msa) Limited. If Tradecon (Msa) Limited accepts the goods back, the returned goods will attract and be subjected to handling charges calculated at 20% of the invoice/delivery on all returned goods. Any goods to be returned should be done within seven (7) days of actual receipt of the goods. The goods to be returned should be unused, in its original packaging and the packaging should be intact. Tradecon (Msa) Limited shall however not be duty bound to accept the goods back or replace them.
IX. Limited Product Warranty
We do not make or manufacture the Products we supply, therefore, our only warranty or other obligation and the only remedy available to the User with respect to our Products is for Tradecon (Msa) Limited to replace any Product which is defective in material and workmanship when sold and which the User/ Client returns to Tradecon (Msa) Limited. All other warranties And remedies with respect to the products we sell, express or implied, including without limitation the implied warranties of merchantability and fitness for purpose, are disclaimed.
You are responsible for familiarizing yourself with all other available information about the Products prior to your purchase and use of them to determine their suitability for and any limitations on your intended use. In connection with any purchase of goods from Tradecon (Msa) Limited, you warrant, represent, acknowledge and agree as follows:
• The purchase, installation, use, handling, storage, resale, transportation, disposal, export or import of the products by you and any other third party to whom you resell them is and will be in compliance with all applicable laws and regulations and will conform to generally recognized industry and professional standards;
• You and any third party to whom you resell the products are or will be knowledgeable concerning the laws and other practices relating to the safe and lawful purchase, installation, use, resale, handling, storage, transportation, and disposal of the Products;
• You have used your own skill and judgment in selecting and you are solely responsible for the determination and selection of suitable Products for your contemplated use and the use contemplated by any third party to whom you resell the products;
• You have the legal right and are authorized to purchase the Products;
• You understand any and all hazards associated with the storage, use, handling and transportation of the Products; and
• You are solely responsible for protecting and/or warning all parties who may be exposed to those hazards as a result of your use or resale of the Products.
X. Cookies
A cookie is a small text file stored on your computer or mobile device. Cookies are commonly used to retain and accelerate the transfer of information for online services. When you use or mobile applications we can identify you in later visits by looking a cookie in your device.
XI. Intellectual Property
Tradecon (Msa) limited related icons and logos are registered service marks of Tradecon (Msa) Limited in various jurisdictions and are protected under applicable Trademark and other proprietary rights laws. All content on this Website is the copyright of Tradecon (Msa) Limited except the third party content and link to third party website on our website.
