BY SELLING ON MODESTHUB.CO.KE, YOU AGREE TO ALL OUR TERMS AND CONDITIONS BELOW.
You agree to maintain and promptly notify us of any changes registration information so that our records remain current, complete and accurate. You must not impersonate any person or use a name that you are not legally authorized to use.
We reserve the right to reject or decline any registration and to refuse service to anyone for any reason, in our absolute and sole discretion.
If you provide false or incorrect registration information or if you fail to notify us of changes in your registration information immediately, we reserve the right to terminate your account without any notice to you.
Contracts for the benefit of children under the age of Eighteen (18) years shall be concluded by their parents or guardians or legally authorized representatives on their behalf.
Modesthub serves as a platform for third party sellers to advertise and sell their items and also for third party buyers to find and buy items listed by the sellers. We therefore provide a venue for third party sellers and buyers to negotiate and conclude their transactions. The contract formed at completion of the transaction is solely between the buyer and the seller.
Whilst we facilitate the transactions that are carried out on the website, we are neither the buyer nor the seller of the seller’s items. We are not an agent of the seller neither are we auctiooners.
Subject to the geographical limits, we will deliver the items that buyers may order from the items listed by sellers on this site.
We reserve the right to change or discontinue any aspect, service or feature on the website at any time.
You agree to use your account in a responsible manner and not to operate it in a way that contravenes applicable laws. Accordingly, we reserve the right to decline delete amend or edit any information that may be contrary to any law or the terms of usage of this service without any notice to you.
You agree to use your account in a confidential manner and keep your password and any other personal and secret information secure. You must take all the necessary steps to ensure that your password and personal information are not disclosed to unauthorized persons.
We shall not be liable for any unlawful use of your account whether as a result of negligence on your part or otherwise.
Listing of items shall be subject to approval by ourselves and shall disclose all necessary information that we shall require such as product description, specifications, quantity, colour or nature of items. We may at our sole and absolute discretion decline delete or edit any listing that do not comply with our requirements.
It is your responsibility to ensure that the listing of your items is not in breach of applicable laws (including laws of the country of destination in case of international sales (as and when we approve listing for international sales)), including but not limited to laws regarding standards or requirements on: safety, packaging and labeling and measurement.
If you list your items for sale in the international market you may be required to comply with the laws of the countries where the buyers reside and as such we shall not be liable for such non-compliance.
You shall not list on this site items that are prohibited by law from advertisement, display in the public (including internet sites) or sale. It is your sole duty to verify which items are prohibited as aforesaid.
You will list availability information for the items sold by you on the website including on each item information page. You will endeavor to maintain adequate stocks of the items listed on this site and will manage your inventory efficiently. We reserve the right to suspend or remove a seller from this site if the seller is unable to maintain adequate stocks of the items listed on this site.
For avoidance of doubt you shall not list the following items: banned drugs including tobacco products (eg cigarettes); pornographic materials; weapons; items that infringe on others intellectual property such as trademarks, copyrights, patents, industrial designs and utility models; prescription and poisonous drugs; perishable, ; firearms and ammunition; materials that discriminate or promote discrimination either directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth; items that are prohibited from advertisement; and any other item that we may exclude from listing on this site from time to time.
We reserve the right to decline listing any items or to immediately remove any items that you have listed in the event that we object to how you identify yourself on this site (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name.
Price, Taxes and Currency
Save as provided herein, the prices that you display on this site shall be inclusive of all applicable taxes and transaction costs. Buyers shall not be charged for any amount above the price displayed on the website.
You authorize us to conclude on your behalf sales contracts directly between you and the buyers via this website and to receive payments on your behalf. However, the authority granted herein will not constitute us your agent.
The amount due and payable to you shall be the total of the amounts paid by the buyers for items ordered through this site less:
- The transaction fee payable to us;
- Any amounts payable or retainable by us; and
- And refunds payable to any buyer;
You agree that a payment made by a buyer in respect of a particular item will not be due or payable to you (or if paid, shall be reimbursed to us), and we will not be liable to you if:
in our sole and absolute discretion, we:
- determine that you cannot promptly avail the item for delivery as per this Agreement; or
- initiate refunds to the buyer for your breach of the provisions of this Agreement; or
- decline to facilitate a transaction whose value exceeds any limit set by us; or
- allow a buyer to withdraw from a transaction for unavailability of our services;
- we reasonably believe that the transaction or payment is fraudulent, erroneous or relates to a duplicate transaction,
- the payment is the subject of a chargeback from the buyer’s credit card issuer.
Unless agreed otherwise, payment shall be effected to you in the same currency in which we received payment for the item as listed on this site.
You shall not invoice buyers off this site.
You will provide us with your bank account details for purposes of the payments to be made to you pursuant to the terms of this Agreement
If the law requires that certain formalities must be complied with before legal transfer of an item is effected, you shall comply with such formalities.
The contract between a buyer and yourself shall be governed by the laws of Kenya and jurisdiction shall be that of Kenyan courts.
By listing your items on this site, you represent and warrant to prospective buyers that:
- You are the legal owner of the items and that you can pass good title in the item free from any third party claims, liens or encumbrances;
- if you are a business, you are duly registered and validly existing and in good standing under the laws of the country in which your business is registered.
- The items you have listed are not prohibited for advertisement or sale by applicable laws;
- The listing or sale of your items is not in breach of applicable laws (including laws of the country of destination in case of international sales), including but not limited to laws regarding standards or requirements on: safety, packaging and labeling and measurement;
- The information you have disclosed in your listing is accurate, complete and not misleading or otherwise deceptive;
- You are legal person or entity duly formed incorporated or registered in your respective country of establishment;
- You are not prohibited by applicable laws from trading including listing your items for sale on this site.
- You agree that you shall fully indemnify us in respect of claims brought against us for misrepresentation or breach the above warranties.
As soon as the buyer places an order to purchase listed items, we shall notify you immediately.
Provided that the buyer has made the payment, you must promptly avail the items to our authorized personnel for delivery to the buyer, and in any case within Seventy Two (72) hours of receipt of our notification of order.
The items to be collected must be in good condition and of the same description as displayed on this site.
The items must be properly packed to ensure safe transit by us. You shall comply with packaging guidelines that we may (but not bound to) issue from time to time. You shall be liable if damage is caused on the items because of failure to safely package the items as per any guidelines that we may issue from time to time or otherwise.
The buyer is at liberty to amend or cancel an order within [Twelve (12)] hours of completing the online transaction provided that we have not collected the item for delivery. We shall immediately notify you of such amendment or cancellation and in the event that we had already remitted your share of the purchase price to you, you will promptly refund the said monies to us (without any deduction or set off) for our onward transmission to the buyer.
If for whatever reason you are unable to avail the item ordered, you shall notify us within [Twelve (12) hours] of receipt of our order notification and will forthwith refund to us any monies paid to you for such item. We shall immediately notify the buyer of such inability and refund the purchase price.
Where wrong or damaged goods are returned by the buyer, you will pay our [courier charges at the prevailing market rate] for both journeys in respect of the delivery and collection of the item.
You shall promptly replace the returned item or refund any payments (without any deductions or set off) made upon receipt of the returned item, and in any case not later than Twenty-four (24) hours of receipt of the returned item. You agree that in the event that we pay the refund to the buyer on your behalf, you shall immediately reimburse us.
You will include the terms of your refund policy as part of your product information.
By listing your items on this site, you agree to pay the transaction fee which will be the equivalent of thirteen per cent (13%) of the purchase price of the item as displayed by yourself on this site, or such other percentage as may be agreed from time to time.
- Unless otherwise stated, the transaction fee is inclusive of delivery charges and applicable taxes. (5%)
Items may only be listed for sale and delivery in the Republic of Kenya within 5 KM radius of our delivery network locations. Details of our current pick up an delivery locations can be accessed from http://www.Modesthub.co.ke/pick-up-locations.
By accepting these terms and conditions, you consent to the collection and use of your personal data by us for as long as the same is necessary to conclude transactions herein.