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:
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
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.
Yakitsi YakaNgwane
Plot 627 Dalriach, Nkoyoyo
Sihlantsi
Office 001
Mbabane, Kingdom Of Eswatini