Terms and Conditions of Supply
This page (combined with other documents referenced within it and within our website) stipulates the Terms and Conditions on which we (Wazobia African Market) supply goods to you (the customer).
The following Terms and Conditions apply to the purchase of goods listed on our website, www.wazobiaafricanmarket.com. Please read these Terms carefully before you submit your grocery order to us. By purchasing an order from our site and entering into a contract, please be aware that you are agreeing to be bound under these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
Wazobiaafricanmarket.com is a site operated by Wazobia African Market. These Terms tell you who we are, how we will provide the grocery service to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or require any changes, please contact us to discuss.
We store details of your order and these Terms and Conditions. We will send you details of your order and reference our Terms and Conditions, via email, following the placing of your order. The details about your recent orders can be found in your customer login area. We will assign an order number to you and inform you of this number upon the confirmation of your order. It will help us if you can reference this number whenever you contact us about your order.
You can find our Terms and Conditions here at all times and you should print a copy of these Terms and Conditions for your future reference.
No part of this website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending of a dispatch email to you, indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Account”||means collectively the personal information, Payment Information and credentials used by users to access Paid content and / or any communications System on the website;|
|“Carrier”||means any third party responsible for transporting purchased goods from our premises to customers;|
|“Content”||means any text, graphic, image, audio, video, software, data compilation, and any other form of information capable of being stored in a computer that appears on, or forms part of this website;|
|“Goods”||means any products that Wazobia African Market advertises and / or makes available for sale through this website;|
|“ Wazobia African Market“||means Wazobia African Market at 16203 Westheimer Road, Suite 160 Houston,TX 77082, USA or any of its branches.|
|“Service”||means collectively any online facilities, tools, services or information that Wazobia African Market makes available through the website either now or in the future;|
|“Payment Information”||means any details required for the purchase of goods from this website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|“Purchase Information”||means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;|
|“Premises”||means our place(s) of business located at 16203 Westheimer Road, Suite 160 Houston,TX 77082, USA or any of its branches.|
|“System”||means any online communications infrastructure that Wazobia African Market makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the website and is not employed by Wazobia African Market and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (www.wazobiaafricanmarket.com) and any sub-domains of this site (e.g. blog.wazobiafricanmarket.com) unless expressly excluded by their own terms and conditions.|
2. Age Restrictions
Persons under the age of 18 should use this website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.
3. Business Customers
These Terms and Conditions are only applicable to consumers and do not apply to customers buying goods in the course of business. If you are a business customer please consult us on 832-230-3893.
- If goods are being ordered from outside of the USA, import duties and taxes may be incurred once your goods reach their destination. Wazobia African Market is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the goods are being imported.
- Please be aware that goods may be inspected on arrival at port for customs purposes and . Wazobia African Market cannot guarantee that the packaging of your goods will be free from signs of tampering.
- Subject to the exceptions in Clause 6 of these Terms and Conditions, all content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of . Wazobia African Market, our affiliates or other relevant third parties.
- By continuing to use the website you acknowledge that such material is protected by applicable United States of America and International intellectual property and other laws.
- You may not reproduce, copy, distribute, store or in any other fashion reuse material from the website unless otherwise indicated on the website or unless given express written permission to do so by . Wazobia African Market.
- Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- You may not reproduce, copy, distribute, store or in any other fashion reuse such material unless otherwise indicated on the website or unless given express written permission to do so by the relevant manufacturer or supplier.
- This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Wazobia African Market or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this website
Those wishing to place a link to this website on other sites may do so only to the home page of the site www.wazobiaafricanmarket.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Wazobia African Market. To find out more please contact us by email at firstname.lastname@example.org.
- When using the enquiry form or any other system on the website you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit content that is intended to promote or incite violence;
- You must not impersonate other people, particularly employees and representatives of Wazobia African Market or our affiliates; and
- You must not use our system for unauthorized mass-communication such as “spam” or “junk mail”.
- You acknowledge that Wazobia African Market reserves the right to monitor any and all communications made to us or using our system.
- In order to purchase goods on this website and to use the similar facilities you are required to create an account which will contain certain personal details and payment Information which may vary based upon your use of the website and we may not require payment information until you wish to make a purchase. By registering an account for this service you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
- Your creation of an account is further affirmation of your representation and warranty. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You must give us your real name, address, phone number, email address and any other details that we may require to process your order.
- Your email address is essential in order for us to be able to supply you with important information such as order confirmations, and changes to the service. By registering with Wazobia African Market, you accept that your email address may be used to supply you with such information.
- It is recommended that you do not share your account details, particularly your username and password. Wazobia African Market accepts no liability for any losses or damages incurred as a result of your account details being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser and it is your responsibility to keep your password secure.
- If you have reason to believe that your account details have been obtained by another without consent, you should contact Wazobia African Market immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled up until the point that they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Wazobia African Market accepts no liability or responsibility and you should make contact with the carrier detailed in the purchase Information.
- When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your account.
- We reserve the right to:
- Decline a new customer registration or suspend or terminate a customer’s account at any time and at our sole discretion.
- At our absolute discretion, terminate your access to all or part of this service with or without notice.
- Either Wazobia African Market or you may terminate your account. If Wazobia African Market terminates your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
- If Wazobia African Market terminates your account, any current or pending purchases on your account will be cancelled and will not be dispatched.
- Wazobia African Market reserves the right to cancel purchases, for any reason prior to processing payment and dispatch.
- If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
- If you terminate your account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
- Whilst every effort has been made to ensure that all graphical representations and descriptions of goods available from Wazobia African Market correspond to the actual goods, Wazobia African Market is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct goods, not different goods altogether. Please refer to Clause 14.1 for incorrect goods.
- All pricing information on the website is correct at the time of going online, however prices at the time of ordering are guide prices. Wazobia African Market reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every two months. Our site contains a large number of goods and it is always possible that, despite our best efforts, some of the goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you.
- Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the seller shall be subject to correction without any liability on the part of the seller.
- No statement, description, warranty condition or recommendation contained in the website, price list, advertisement, communication or made verbally by any of the agents or employees of the seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.
- Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the goods that you are purchasing.
- Wazobia African Market does not warrant that such goods will be available. Stock indications are not provided on the website.
- In the event that prices are changed during the period between an order being placed for goods and Wazobia African Market processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price. We are under no obligation to provide the product to you at the incorrect (lower) price. The company reserves the right to cancel any orders placed at that price and return in full any payment received.
- All prices on the website do include VAT and reflect the current rate.
- Delivery will be made to the address specified by the customer when completing the online order form. All goods must be signed for by an adult aged 18 years or over.
- The costs of delivery will be as displayed to you on our website, our delivery policy can be found at https://www.wazobiaafricanmarket.com/deliverypolicy.
- Wazobia African Market will notify you by way of email when your goods are to be dispatched to you, corresponding with the convenient delivery slot you have chosen at the checkout. We deliver daily from 8:00am to 10:00pm. The email will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the goods purchased by you. Please note that delivery and collection times are subject to availability.
- Wazobia African Market shall use their reasonable endeavours to meet any date agreed for delivery. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract at an end immediately if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances);
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- If you do choose to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered.
- If there is no one to receive the grocery delivery at the specified address at the time of your scheduled delivery, we reserve the right to return your order to our store and to charge a delivery charge for re-delivery.
- If Wazobia African Market receives no communication from you, within 24 hours of delivery, regarding any problems with the goods, you are deemed to have accepted and received the goods.
- Wazobia African Market aims to always provide high quality goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
- If you receive goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. Wazobia African Market is not responsible for paying shipment costs for postal deliveries. You will be given the option to have the goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the goods. Refunds and replacements will be issued upon our receipt of the returned goods.
- If any perishable goods you have purchased have faults when they are delivered to you, you should contact Wazobia African Market within 12 hours to arrange collection and return. Goods must be returned in their original condition with all packaging. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods. Statutorily, perishable goods are not entitled to the statutory 30-day right to reject. The time limit of such goods is limited in instances where the goods are perishable and is therefore determined by how long it is reasonable to have expected the goods to last, for example ‘use by date’. This example is not limited.
- For further details on our Returns Policy please consult our website at https://www.wazobiafricanmarket.com/return-policy.
- If any goods are not considered to be perishable and develop faults within their warranty period, you are entitled to a repair or replacement at our discretion under the terms of that warranty.
- If goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Wazobia African Market within 24 hours and arrange collection and return. Upon receipt of the returned goods, the price of the goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the goods.
- If the goods have been dispatched or delivered, but you have changed your mind, please give written notice of your wish to return the goods to Wazobia African Market within 14 working days of receipt. You will not be entitled to this cancellation period should the item be considered to be something that deteriorates quickly, has a limited expiration date or is frozen food. These non-refundable goods are defined under the term “perishable food and drink.” For health and hygiene reasons the following items sealed for protection reasons will be deemed as used if unwrapped: Personal grooming products e.g. hair accessories and styling products, shavers, waxing kits, electric toothbrushes etc, and will therefore be unable to be returned if not in their original unused condition. Cancellation will be accepted only upon customers’ written consent. We would request you to send the products back to our warehouse as soon as you can after the cancellation. The consumer has a duty of care for the products during the cancellation period. You are responsible for paying shipment costs if goods are returned for this reason. For further information please refer to our cancellation policy at https://www.wazobiaafricanmarket.com/cancellation-policy.
- Should you change your mind, goods that are not regarded as perishable and are not faulty should be returned in a re-saleable condition in their original packaging within the appropriate 14 days.
- If you wish to return goods to Wazobia African Market for any of the above reasons, you must send written consent to email@example.com to make the appropriate arrangements.
- Wazobia African Market reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that you may have already had out of the goods;
- Any characteristics of the goods which may cause them to deteriorate or expire rapidly, as stipulated above;
- The fact that the goods consist of audio or video recordings or computer software and that these have been unsealed by the consumer.
- Any discounts that may have formed part of the purchase price of the goods to reflect any lack of quality made known to the customer at the time of purchase.
- Such discretion to be exercised only within the confines of the law.
- Wazobia African Market makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our services.
- No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking action of any kind.
- No part of this website is intended to constitute a contractual offer capable of acceptance.
17. Changes to the Service and these Terms and Conditions
Wazobia African Market reserves the right to change the website, its content or these Terms and Conditions at any time. We may therefore amend these conditions, so please check this page from time to time to take notice of any changes we have made. If we have to revise these conditions as they apply to you, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your contract if you are not happy with the changes.
- The service is provided as is and on an as-available basis. We give no warranty that the service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Wazobia African Market accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor; for fraud or fraudulent misrepresentation; for breach of your legal rights, including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Rights Act 2015.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not responsible for delays outside of our control. If our delivery of the products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but have not yet received.
- Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, zombie apocalypse or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- Insofar as is permitted by law, our only liability to you under these Terms and Conditions will be, at our sole discretion, to make good any shortage or non-delivery, to replace or repair any goods which are received by you in a damaged or defective state or to refund to you any sums actually paid by you for the goods in question. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Nothing in this clause affects your statutory rights as a consumer.
- Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Consumer Rights Act 2015, in the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that Term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This Term shall apply only within jurisdictions where a particular Term is illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received on the day of sending if the email is sent on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and the laws of the state of Texas applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of law principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in the state of Texas and you agree to accept service of process by mail. Any action based on a breach of any provision of these Terms & Conditions shall be brought exclusively in the federal or local courts presiding in Texas. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
- If any of these Terms and Conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Term, Condition or provision will to that extent be severed from the remaining Terms, Conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Response times to email queries
We will attempt to respond to all queries within 1-2 business days.
26. Written Communications
Applicable laws require that some of the information or communications we send to you should be in “writing”. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other.
27. Consumer Rights
Please note that Wazobia African Market is compliant with the Consumer Rights regulations. However, in the sale of perishable goods, the 14-day cooling off period with regards to cancellation of orders is not applicable. So, customers wishing to cancel an order can do so until the goods have not yet been dispatched. After goods have been dispatched from the warehouse, Wazobia African Market will not be able to cancel the order unless the goods are faulty.
- Ideally, we aim to resolve any complaints you may have within a timescale of fourteen working days. If this is not possible because a full investigation has not yet been completed, a progress report will be sent to the complainant
- Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use.