Terms & Conditions

Terms and Conditions of Use & Sale YAKITSI RESOURCES

Last updated on August 1, 2023

Welcome to Yakitsi.africa

Omniscient Investments Proprietary Limited and/or its affiliates ("Yakitsi") provide website features and other products and services to you when you visit or shop at Yakitsi.africa (the "Website"), use Yakitsi products, or services, use Yakitsi applications for mobile, or use software provided by Yakitsi in connection with any of the foregoing (collectively "Yakitsi Resources”). Please see our Privacy Policy, to understand how we collect and process your personal information through Yakitsi Resources. Yakitsi YakaNgwane is the trading name for Yakitsi.

DEFINITIONS:
a) "Account" means the account that you will need to register for on the Website if you would like to submit an Order on the Website; 

b) "Normal Business Day"means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Eswatini; 

c) "Contract" means your Order of a Product or Products in accordance with the Terms and Conditions of Sale which we accept in accordance with Article No.1 below; 

d) "Customer" means individual/Person who places an Order on the Website; 
e) "Order" means the order submitted by you to the Website to purchase a Product from us; 

f) "You" means the Customer who places an Order; 

g) "Affiliate” means, with respect to a particular person, any entity that directly or indirectly controls, is controlled by, or is under common control with such person;
h) "We”/”Us”/ "Our” means Omniscient Investments (Pty) Ltd t/a Yakitsi YakaNgwane, as described above;

Terms and Conditions of Use

Please read these conditions carefully before using Yakitsi Resources. These Terms and Conditions govern the provision by us of any Resources and Products ordered by you on the Website. By using Yakitsi Resources, you signify your agreement to be legally bound by these conditions. We offer a wide range of Yakitsi Resources, and sometimes additional terms may apply. When you use an Yakitsi Resource (for example Your Profile, Gift Cards or Yakitsi applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Yakitsi Resource ("Service Terms"). If these Terms and Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any Yakitsi Resource or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the Website or through the other Yakitsi Resources, such as our Message Center. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALIZATION

As part of the Yakitsi Resources, we will recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Yakitsi Resource, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Yakitsi or its content suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Yakitsi Resource is the exclusive property of Yakitsi and is protected by local and international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any Yakitsi Resource without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any Yakitsi Resource, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Yakitsi Resource (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Yakitsi Resource are trademarks or trade dress of Yakitsi. Yakitsi's trademarks and trade dress may not be used in connection with any product or service that is not Yakitsi's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Yakitsi. All other trademarks not owned by Yakitsi that appear in any Yakitsi Resource are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yakitsi.

5. PATENTS

One or more patents apply to the Website, certain features and services. 

 6. LICENCE, ACCESS AND SECURITY

Subject to your compliance with these Terms and Conditions of Use and applicable Service Terms and your payment of any applicable fees, Yakitsi or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Yakitsi Resources. This license does not include any resale or commercial use of any Yakitsi Resource or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Yakitsi Resource or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms and Conditions of Use or any Service Terms are reserved and retained by Yakitsi or its licensors, suppliers, publishers, rights holders, or other content providers. No Yakitsi Resource, nor any part of any Yakitsi Resource, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Yakitsi without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Yakitsi's names or trademarks without our express written consent.

You may not misuse the Yakitsi Resources. You may use the Yakitsi Resources only as permitted by law. The licenses granted by Yakitsi terminate if you do not comply with these Terms and Conditions of Use or any Service Terms. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Yakitsi suffers any damage or loss.

7. DATA PROTECTION

Please see our Privacy Policy, which forms part of these Terms and Conditions.

8. YOUR ACCOUNT

You may need your own Yakitsi account to use certain Yakitsi Resources, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

If you use any Yakitsi Resource you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.

You must not use any Yakitsi Resource: (i) in any way that causes, or is likely to cause, any Yakitsi Resource, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Terms and Conditions of Use or any other applicable terms and conditions, guidelines or policies.

9. REVIEWS, COMMENTS, COMMUNICATIONS, NOTICES AND ANY OTHER CONTENT

You may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice, the obligation) to remove or edit such content.

Any notice shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in these Terms and Conditions. Any form of notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.

If you believe that any content on or advertised for sale on any Yakitsi Resource contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Yakitsi Resource, please notify us and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the Website (including any images, video or audio, all together "content", you grant Yakitsi a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, create derivative works from, distribute, make available, translate, and modify such content throughout the world in any media. You grant Yakitsi and Yakitsi’s sublicenses the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; and that use of the content you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Yakitsi for all claims brought by a third party against Yakitsi arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. Yakitsi has the right but not the obligation to monitor and edit or remove any activity or content. Yakitsi takes no responsibility and assumes no liability for any content posted by you or any third party.

10. INTELLECTUAL PROPERTY CLAIMS

Yakitsi respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please notify us.

11. OTHER BUSINESS

Parties other than Yakitsi operate stores, provide services, or sell product lines on this Website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Yakitsi does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. When a third party is involved in your transactions, we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other Terms and Conditions of Use.

12. YAKITSI'S ROLE

Yakitsi allows third party sellers to list and sell their products at Yakitsi.africa. In each such case this is indicated on the respective product detail page. While Yakitsi helps facilitate transactions that are carried out on the Yakitsi marketplace, Yakitsi is neither the buyer nor the seller of the seller's items. Yakitsi provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Yakitsi is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Yakitsi shall handle any returns under the Fair Trading Act, 2001 or the Eswatini Communications Commission Act, 2013, by you in accordance with Yakitsi’s own returns policy. Should such claim escalate into being a dispute, although Yakitsi is entitled to become involved in an attempt to resolve it, Yakitsi is not obliged to do so and any disputes must be resolved between you and the relevant third party seller. Because Yakitsi wants the buyer to have a safer buying experience, Yakitsi provides the Guarantee in addition to any contractual or other rights to protect you when you purchase items sold and fulfilled by a marketplace seller.

13. RETURN SHIPPING AND REPLACEMENTS

Return shipping is easy and flexible. You can return your package by setting up a return from our Online Return Requests. If you return an item using the Online Return Requests, and the reason for return is not a result of a Yakitsi error, the cost of return shipping will be deducted from your refund unless your item qualifies for a free return. If you choose to ship the item on your own, you will pay the courier at the time you ship your return. If the return is the result of a Yakitsi error, we will refund your return shipping costs up to a maximum amount. Return shipping fees will be communicated on the Online Return Requests when you are choosing the shipping method for your return.

You can replace an eligible item through our Online Return Requests. Did you receive a damaged, defective, or wrong item sold by Yakitsi.africa and want to replace it with the same item? Is your order missing an item or part and you want a refund or replacement? Go to Return Requests. The item being replaced must meet the following criteria:

  • Shipped to a delivery within The Kingdom of Eswatini
  • Shipped and sold by Yakitsi.africa
  • Not an Add-On item
  • Wasn't purchased with a promotion (except for free shipping promotions).

Note: Items fulfilled by Yakitsi.africa but sold by another Seller can't be replaced, but may be returned. In most cases, you are required to return the original item received for a Replacement. You'll need to return the original item within the stated return window to avoid being charged for both the original and replaced items.

14. CANCELLATION

 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and the third party seller, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and refund any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.

15. REFUND

You may be eligible to request a refund if any of the following apply:

· You have not received your package and three (3) days have passed since the maximum estimated delivery date or the tracking shows a delivery confirmation, whichever is sooner.

· You received an order that is different than expected and have requested a return with the seller.

· You returned your item with a traceable shipping method and the seller has not issued you a refund.

Before you request for a refund, we may require you to first contact the seller and allow 48 hours for the seller to respond. If the seller has not responded within 48 hours, you may request refund. Refund requests can take 1-2 weeks to investigate.  We will notify you of our decision via the email address associated with your account. If the seller resolves your problem or you no longer need a refund, you can cancel your refund request before a decision is made. If your refund request was rejected and you have further information for our review, you can submit an appeal within 30 calendar days of the decision. Appeals can take up to one week further to investigate. We will notify you of our decision via the email address associated with your account. We will refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed.

Note: Once a refund request is cancelled, it cannot be reopened. Contact us if you cancel a refund request by mistake.

16. OUR LIABILITY

We will do our utmost to ensure that availability of the Yakitsi Resources will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Yakitsi Resources may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Yakitsi will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Yakitsi Resources.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

17. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Kingdom of Eswatini If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any Yakitsi Resource, or to any products or services sold or distributed by Yakitsi or through Yakitsi.africa, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a "Dispute”) qualifies for determination through the Eswatini Courts then the Courts shall have exclusive jurisdiction to settle any such Dispute. For the purposes of this section, you waive any objection to either courts as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

18. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE TERMS AND CONDITIONS OF USE

We reserve the right to make changes to any Yakitsi Resources, policies, terms and conditions including these Terms and Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Terms and Conditions of Use in force at the time that you use the Yakitsi Resources. If any of these Terms and Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

19. WAIVER

If you breach these Terms and Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Use.

20. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Yakitsi Resources only with the involvement of a parent or guardian. 

21. FORCE MAJEURE

Neither party shall be liable for any failure to perform due to causes beyond its control, including but not limited to fire, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine, labor disputes or shortages, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), transportation embargoes, failures or delays, inability to secure raw materials or machinery, acts of God or government (including denials of or onerous restrictions on any form of operations and import /export licenses).

22. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE YAKITSI RESOURCES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAKITSI RESOURCES ARE PROVIDED BY YAKITSI ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YAKITSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YAKITSI RESOURCES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAKITSI RESOURCES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE YAKITSI RESOURCES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, YAKITSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DEFECTS. YAKITSI DOES NOT WARRANT THAT THE YAKITSI RESOURCES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YAKITSI RESOURCES, YAKITSI'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YAKITSI ARE FREE OF ERRORS, OMMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, YAKITSI WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY YAKITSI RESOURCES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY YAKITSI RESOURCE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

23. OUR CONTACT DETAILS

This Website is owned and maintained by Yakitsi YakaNgwane. Our contact details are:

Yakitsi YakaNgwane

Plot 627 Dalriach, Nkoyoyo

Sihlantsi

Office 001

Mbabane, Kingdom Of Eswatini

https://www.yakitsi.africa

 

Terms and Conditions of Sale

These Terms and Conditions of Sale govern the sale of products by Omniscient Investments Proprietary Limited, a Yakitsi Affiliate, to you. For conditions relating to the sale by third parties to you on yakitsi.africa, please see Article No. 12 of the Terms and Conditions of Use. We offer a wide range of Yakitsi Resources, and sometimes additional terms may apply. When you use a Yakitsi Resource (for example Your Profile, Gift Cards or Yakitsi applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Yakitsi Resource ("Service Terms"). If these Terms and Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with Yakitsi YakaNgwane. By placing an order with Yakitsi YakaNgwane, you signify your agreement to be legally bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Yakitsi to buy the product(s) in your order. When you place an order to purchase a product from Yakitsi, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Receipt Confirmation E-mail"). The Order Receipt Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we ship the product to you and send e-mail confirmation to you that we've shipped the product to you (the "Shipping Confirmation E-mail"). If your order is shipped in more than one package, you may receive a separate Shipping Confirmation E-mail for each package, and each Shipping Confirmation E-mail and corresponding shipment will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation E-mail. Your contract is with Yakitsi YakaNgwane. Both you and Yakitsi can cancel your order for a product at no cost any time before we send the Shipping Confirmation E-mail relating to that product. Your right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format, once downloaded or used (whichever is earlier) has begun.

You consent to receive sales invoices electronically. Electronic invoices will be made available in the Account area of the website. For each delivery, we will inform you in our Shipping Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Yakitsi focuses on business development for end users, and prohibits sales by resellers. Sales by resellers refer to behavior of customers who resell to their direct customers of products purchased from Yakitsi. If Yakitsi finds out that you resell products purchased from Yakitsi, we reserve the right not to allow product purchase by your account and may permanently close your account.

2. RETURNS AND REFUNDS

Yakitsi does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Yakitsi does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Centre.

3. WARRANTY

Yakitsi provides up to twelve (12)- month warranty on eligible products purchased in the Kingdom Of Eswatini ("ESWATINI”). At Yakitsi’s discretion, this warranty obligation is limited to repair of defective product or replacement of the defective part, or replacement or refund according to the price of the product at the time of repair or replacement. For selected products and in instances where the transaction takes place in ESWATINI and Yakitsi is the seller of record, warranty repairs will be carried out by authorized service centres designated by Yakitsi.

4. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and will refund you if you are charged for those products.

Please note that unless otherwise stated on the Website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order. If we have made a mistake and a product's correct price is higher than the price on the Website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.

5. PRODUCT INFORMATION

Unless expressly indicated otherwise, Yakitsi is not the manufacturer of the products sold on this Website. While we work to ensure that product information on our Website is correct, actual product packaging and materials may contain more and different information to that displayed on our Website. Ingredients may also change. All information about the products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the product before use.

For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Yakitsi accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties.

6. CUSTOMS

When ordering products from Yakitsi for delivery outside of ESWATINI you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges, nor can Yakitsi predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Yakitsi, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

Note: Customs offices in some countries or regions require the importer of record to provide a particular form of identification before releasing a shipment. You may be required to provide an identification number or government-issued ID copy.

7. OUR LIABILITY

Yakitsi and its Affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are shipped, you may cancel your order at any time prior to shipping.

8. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Kingdom of Eswatini If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any Yakitsi Resource, or to any products or services sold or distributed by Yakitsi or through Yakitsi.africa, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a "Dispute”) qualifies for determination through the Eswatini Courts then the Courts shall have exclusive jurisdiction to settle any such Dispute. For the purposes of this section, you waive any objection to either courts as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

9. AMENDMENTS TO THE TERMS AND CONDITIONS OF SALE

We reserve the right to make changes to our Website, policies, and terms and conditions, including these Terms and Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Terms and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Terms and Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms and Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

10. WAIVER

If you breach these Terms and Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions of Sale.

11. CHILDREN

We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use Yakitsi.africa with the involvement of a parent or guardian.

12. OUR CONTACT DETAILS

Yakitsi YakaNgwane

Plot 627 Dalriach, Nkoyoyo

Sihlantsi

Office 001

Mbabane, Kingdom Of Eswatini

https://www.yakitsi.africa

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