Terms & Conditions

    Terms of Use-English

    WEBSITE TERMS AND CONDITIONS

    Introduction

    • These Terms govern your access to the website located at www.shoppi.cd and associated web pages ("Website"). These Terms constitute a valid and binding contract between you and us. It is therefore important that you read and understand these Terms. You may not access the Website unless you agree to abide by these Terms without modification. By accessing the Website and/or registering on the Website, you signify your agreement to these Terms.
    • Important provisions of these Terms, which may limit our liability or involve certain risks for you, are indicated in bold. You should pay particular attention to these provisions.
    • Please note that these Terms use a series of terms and expressions that have specific meanings in these Terms. These terms and expressions are listed below, along with the general principles of interpretation used to interpret these Terms.
    • If you have any questions regarding our website, terms, products or services, please email hello@shoppi.cd to contact us.

    Definitions

    • These Terms may contain a number of terms and expressions that have specific meanings in this document. In these Terms, headings are provided for convenience only and shall not be used in their interpretation.
    • Unless otherwise stated in these Terms, any reference to a gender includes other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
    • The following expressions shall have the meanings assigned to them below and related expressions shall have the corresponding meanings:
      • “access” when used in the context of –
        • a website, means to visit, use, load into a web browser, mobile phone, mobile application or software application or similar device or otherwise interact with a website;
        • Content, means to copy, download, view, modify, adapt, load into a web browser, mobile phone, software application or device or otherwise interact with and/or manipulate such Content;
      • “Content” means any information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) that you may have access to as part of or through your access to the Website.;
      • “Deposit Account” means the account that may have been granted to you by Shoppi and which is subject to various terms and conditions set out in clause 36 below and which will enable you to purchase Products on the Website or in Store with funds that have been deposited into the Account and you will be issued with a Shoppi Deposit Account Card.
      • “Intellectual Property” means, collectively, any patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered, including applications and rights to obtain or use them) owned, licensed, used and/or held by us (whether currently or not) on or in connection with the Website;
      • “know-how” means all ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods used by us in connection with the Website, as well as all information available to us concerning the marketing and promotion of the products and services described in these Terms of Use, as well as any modifications or improvements to any of them;
      • “Online Account” means your online customer profile account through which you can conduct transactions online or in-store, subject to these Terms and Conditions;
      • “Cybersource” means the service provider that will process payments made by the Customer to Shoppi by means of a credit card, EFT or mobile money purchase via the Website, as may be replaced from time to time;
      • “publish” means upload, post, transmit, share or store;
      • “Product” means the products that can be purchased on the Website in accordance with these Terms and “Products” shall have a similar meaning;
      • “Terms” means these terms and conditions of use, as amended from time to time, including the disclaimer https://www.shoppi.cd/pages/disclaimer, the privacy policy https://www.shoppi.cd/pages/privacy-policy;
      • “Commercial Account” means a 30 (thirty) day ancillary credit account, which a Customer may have obtained through Shoppi, which is subject to various terms and conditions, which you accepted when opening the Commercial Account;
      • “Trademarks” means the trademarks owned by us (or designated as the beneficial owner) and any other marks, designs, logos, style names, slogans and taglines owned or otherwise used by us or any service offering derived from, and applications for the same;
      • “you” and “Users” mean users of the Website;
      • “Website” means the Shoppi website at Shoppi.cd, including access to such website via a mobile application or the mobile application or other software itself.
    • Any reference in these Terms to a party, if that party is wound up or placed in receivership (which includes any analogous proceedings in any other jurisdiction), will also apply to and be binding on the liquidator or trustee of that party, as the case may be.
    • Where any number of days is prescribed, such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or an official public holiday in the Democratic Republic of the Congo, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or an official public holiday in the Democratic Republic of the Congo;
    • All annexes, addenda and modifications to these Conditions form an integral part of these Conditions and, therefore, of our contract with you.

    Website Changes

    We reserve the right, in our sole discretion, and you agree that we may modify these Terms at any time, in any manner and from time to time. We will post the modified Terms on the Website. Such modifications will be effective immediately and automatically and you will be bound by them. It is your responsibility to review these Terms regularly and ensure that you are familiar with any modifications to these Terms. If you do not agree to any modifications to these Terms, you will no longer be able to access the Website.

    Legal age and capacity

    • You may not access the Website and may not accept these Terms if you do not have the legal capacity to enter into a binding contract with us; are a person prohibited from accessing the Website under the laws of the Democratic Republic of the Congo or other countries, including the country in which you reside or from which you are accessing the Website.
    • By accessing the Website, you represent and warrant that you are of legal age, or that you are emancipated or have the consent of your guardian to enter into a contract, constituting these Terms.

    We may change certain aspects of the Website

    • We may add new features and change or even discontinue existing features without notice and at our sole discretion. You agree to this.
    • You are free to stop accessing the Website at any time without notifying us. This will not affect the results or remove the effects of your access to the Website.

    Personal information

    • Please refer to our Privacy Policy [https://www.shoppi.cd/pages/privacy-policy] for more information on the personal information we collect from you through your access to the Website and how we treat such personal information. which are deemed to be incorporated into these Terms and Conditions.
    • We may ask you to submit your personal information to us through the Website in order to access certain aspects of the Website or to use the services we offer on or through the Website.
    • You warrant that the personal information you submit is accurate, current and complete. You will be denied access to the Website if you breach this warranty or if you subsequently discover that you have breached this warranty.
    • We may take steps to verify your personal information that you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until the verification process is successfully completed.
    • If you do not agree to the verification process or withhold your consent as set forth above, your access to the Website, generally, may be suspended or terminated and you waive any claim you may have against us, our officers, directors, employees, servants, agents and/or subcontractors arising out of our denial of your access to the Website.

    Privacy Policy

    We will take reasonable steps to protect your personal information. Details of the personal information we collect, what we do with it and what you need to know about submitting personal information when accessing the Website can be found in our Privacy Policy https://www.shoppi.cd/pages/privacy-policy. We recommend that you read our Privacy Policy very carefully before accessing the Website.

    Acceptable Use

    • You may not access the Website for or in conjunction with any unlawful, illicit or immoral purpose or as prohibited by these Terms.
    • You may not frame the Website in any manner without our prior written permission. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the Website.
    • You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without limiting yourself to the examples listed below, you agree not to:
      • engage in any email abuse or spamming, including, without limitation:
        • posting or cross-posting unsolicited content with the same or substantially the same message to recipients who have not requested to receive such messages; and
        • invite people with whom you may be connected using third-party services to access the Website where those people may not wish to receive such invitations or similar communications (in other words, make sure that your contacts on other services are receptive to receiving invitations to join us and access the Website or other communications you send them from us);
      • engage in any activity intended to solicit, solicit or otherwise recruit users of the Website to join any organization, except where we expressly authorize such activities in writing;
      • take any action intended to deceive or mislead any person, attempt to impersonate or misrepresent your affiliation with any person, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material posted on or transmitted through the Website;
      • use the Website to post or transmit anything that is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or that contains child pornography, religious or racial slurs or that threatens or encourages bodily or similar harm or that may violate the publicity rights of any person;
      • use the Website to make fraudulent offers to sell or buy any products, items or services or to offer or solicit any type of financial scam such as “pyramid schemes” and “chain letters”;
      • use the Website in any way that may infringe the intellectual property rights (e.g. copyright or trademarks) or other proprietary rights of others;
      • use the Website to post anything that contains viruses or any other destructive features, whether the damage is intentional or unintentional;
      • collect email addresses and/or names for commercial, political, charitable or similar purposes or use the Services to collect or attempt to collect personal information about third parties without their knowledge or consent;
      • violate any person's privacy in any way, including, but not limited to, sharing any person's personal information without their consent;
      • attempt to gain unauthorized access to the Website or any network, including (without limitation) through hacking, password mining or any other means;
      • otherwise use the Website to engage in any illegal or unlawful activity.
    • If you engage in one or more of the above practices, which will be determined in our sole discretion (and which decision will be final), then we will have the right, without prejudice to any other rights we may have, to:
      • without notice, suspend or terminate your access to the Website;
      • hold you liable for any costs we incur as a result of your misconduct; and/or
      • notwithstanding our privacy policy mentioned above, disclose any information about you, whether public or personal, to all persons concerned by your actions when we are required by law to do so.

    Licenses

    • Our license for you
      • We grant you a personal, non-commercial, revocable, worldwide, royalty-free, non-transferable and non-exclusive license to access our content on the Website. This license is for the sole purpose of allowing you to access the Website as permitted by these Terms. In the event we revoke this license, you will no longer be able to access the Website.
      • Unless we have given you specific written permission to do so, you may not transfer, by assignment, sublicense or otherwise, your rights to access the Website.
      • To the extent that any copying, reproduction, distribution, transmission, display, broadcast or publication of any Content is expressly permitted (such permission to be construed in its most restrictive sense), you may do so, provided that all trademarks, trade names, copyright, proprietary, proprietary and confidentiality notices contained in the original Content are retained and displayed without alteration or modification and are not obscured or removed in any way.
      • You acknowledge that you do not acquire any ownership or use rights in any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing such Content, except as expressly permitted in these Terms or otherwise in writing by us.
      • You can only cache the website if:
        • the purpose of caching is to make subsequent transmission of website content more efficient;
        • cached content is not modified in any way;
        • your manner of accessing the data complies with the general conditions of access set out in these Conditions;
        • you do not interfere with the lawful use of technology to obtain information about how cached data is used;
        • cached content is updated at least every 12 (twelve) hours; and
        • Cached content is deleted or updated when we request it.
    • Your license to us
      • We do not claim any ownership rights in your Content. You retain any rights you may already have in your Content if you post your Content or otherwise access the Website, subject to the limited license you grant to us.
      • In the event that you post any Content on, to or through the Website, you grant us a non-exclusive, fully paid, royalty-free, transferable, worldwide license to moderate, use, modify, delete, add to, publicly perform, display, reproduce, or distribute such Content solely on or through the Website, including, without limitation, distributing some or all of your Content in any media formats and through any media channels and using the Content in our advertising campaigns.
      • The license you grant to us means that -
        • you are free to license your content to anyone other than us;
        • we are not required to pay you for the use of content you post on the Website;
        • we may make commercial use of your content;
        • we may use our affiliates, contractors and other partners such as Internet content delivery networks and wireless carriers to make the Website available; and
        • The license extends worldwide due to the global nature of the Internet and the fact that our users can access content from anywhere in the world.
      • Because you may only legally license content to which you have certain rights, you represent and warrant that:
        • you own the content you post on or through the Website or otherwise have the right to grant the license set forth in this Section, and
        • the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, intellectual property rights or copyrights, contract rights or any other rights of any person or entity.
      • You also agree to pay all royalties, fees and other monies owed to any person or entity by reason of any Content you post on or through the Website.

    limitation of liability

    • To the fullest extent permitted by law, we disclaim all warranties of any kind, express or implied, including, without limitation, implied warranties that the content published on the Website is fit for any purpose.
    • When you access the Website, you do so entirely at your own risk. The Website is made available to you “as is”.
    • Although we take steps to verify the information presented on or through the Website, we do not guarantee the accuracy or reliability of any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through the Website that we and/or other users may post on the Website. You acknowledge that any reliance on any such opinion, advice, statement or information will be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on or relating to the Website without notice to you.
    • The information, ideas and opinions expressed on or through the Website should not be considered professional advice or our official opinion and you are strongly advised to seek appropriate professional advice before acting on any such information.
    • Although we take reasonable precautions in our operation of the Website, neither we nor our agents or representatives will assume any liability and neither we nor our agents or representatives (in whose favour this constitutes a stipulation alteri or a stipulation for another) will be liable for any damages to, or viruses that may infect, your computer equipment or software or other property whilst you access the Website. Any content accessed through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from accessing the Website.
    • We will use reasonable efforts to make the Website available to you and will keep it available to you at all times. However, you agree that we will not be liable for any loss or damage caused by or arising out of the unavailability, interruption or your use of access to the Website (whether in part or in its entirety) for any reason.
    • You further agree that –
      • under no circumstances, including by reason of our negligent acts or omissions or those of our directors, officers, servants, agents or contractors or other persons for whom we may be liable under law, will we or our directors, officers, servants, agents or contractors or other persons for whom we may be liable at law (in whose favour this constitutes a stipulatio alteri or stipulation for others), be liable for any direct, indirect, extrinsic, special, criminal, punitive, exemplary or consequential loss, damage or damages of any nature whatsoever and howsoever caused (whether arising in contract, tort or otherwise and whether the loss was actually foreseeable or reasonably foreseeable), including, but not limited to, any loss of profits, loss of revenue, loss of business time, corruption or loss of information, content or data and/or loss of contracts suffered by you, your directors, servants, dealers or customers, arising out of your use of or your inability to access the Website;
      • you waive and may not bring any claim or action arising out of or related to access to the Website or these Terms more than 6 (six) months after the cause of action relating to such claim or action arises.

    Compensation

    • You hereby indemnify us and our directors, officers, employees, servants, agents and/or contractors and/or other persons for whom we may be liable under law (in whose favour this constitutes a stipulatio alteri or stipulation for another) from and against any loss, damage, injury, liability, claim or demand due to or arising out of your access to the Website or your breach of these Terms.

    Violation of rights

    • If you believe that your rights have been violated due to the illegal use of access to the Website by other users of the Website or third parties, you can submit a complaint to us by sending an email to hello@shoppi.cd or by calling us directly on our main telephone lines. Please include the following information in your complaint, which may help you resolve the problem:
      • the full name and address of the complainant;
      • the written or electronic signature of the complainant;
      • identification of the right that has been violated;
      • identification of the material or activity that is claimed to be the subject of infringing activity;
      • the corrective measures that the service provider must take in respect of the complaint;
      • the telephone and electronic contact details, if applicable, of the complainant;
      • a statement that the complainant is acting in good faith;
      • a statement by the complainant that the information contained in the takedown notice is, to the best of his or her knowledge, true and accurate.
    • We will investigate the complaint upon receipt of a complete and properly formulated complaint notice and will take appropriate action if necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or taking appropriate action against the affected user and/or a third party.

    Relations with third parties

    • Links to and from the Website from and to other websites owned or operated by third parties ("Linked Websites") do not constitute our endorsement of such Linked Websites or their content and we do not necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarizing yourself with the terms and conditions that will govern your relationship with such third party(ies).
    • We have no control over the Linked Websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through such Linked Websites or for any harm, damage or other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through such Linked Websites. You further agree that when you access any Linked Websites, you do so entirely at your own risk.
    • Likewise, your interaction, correspondence or business dealings with any third parties that are mentioned or linked from or to the Website are entirely at your own risk and are solely between you and such third party, including the acquisition, transfer, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

    Applicable law and jurisdiction

    • The Website is controlled and maintained from our facilities in the Democratic Republic of Congo. You irrevocably agree that the law of the Democratic Republic of Congo governs your access to the Website and these Terms.
    • You consent to the exclusive jurisdiction of the courts of the Democratic Republic of Congo for disputes that may arise from your access to the Website and these Terms.

    Legal Meaning of Documents and Notices

    • We choose the addresses set out in clause 20 below for all purposes of communication under these Terms, whether legal proceedings, notices or other documents or communications of any nature.
    • You agree that we may, but are not obligated to, send you notices or other materials or communications using your email address. In such cases, you agree that our notices or other materials or communications will be deemed to have been given to you no later than 24 hours after we send the notices or other materials or communications.

    We may monitor your communications

    • Subject to the provisions of the Computer Misuse and Cybercrime Act (“CMC Act”), you agree to allow us to intercept, block, filter, read, delete, disclose and use any communications you send to us or post on the Website or while using the Website and/or to our staff and/or employees.
    • You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the CMC Act.
    • We reserve the right, but have no obligation, to monitor the content you post on the Site. We reserve the right to remove any such information or material for any reason or no reason, including, without limitation, if, in our sole judgment, such information or material violates, or may violate, any applicable law or our Terms, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information at the request of any third party.

    Divisibility

    Any provision of these Terms that is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.

    Termination

    If you breach any of these Terms, we may immediately, automatically and without notice, terminate your access to our Website and/or bar your future access to the Website and/or take appropriate legal action against you (including, without limitation, seeking urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature and howsoever arising, and all our rights in this regard are expressly reserved.

    General conditions

    • You agree that:
      • you are bound by these Terms;
      • data messages you send to us will be considered to have been –
        • received if and when responded to;
        • sent by you within the geographical limits of the Democratic Republic of Congo;
      • electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us;
      • as well as ensuring that data messages you send to us from a computer, IP address or mobile device that you normally use, have been sent and/or authorized by you personally.
    • These Terms constitute the entire agreement between you and us regarding your access to the Website.
    • No indulgence, extension of time, waiver or relaxation of any of the provisions or conditions of these Terms that we may show, grant or authorise shall operate as an estoppel against us in respect of its rights under these Terms nor shall it constitute a waiver by us of any of our rights nor shall we thereby be prejudiced or prevented from exercising any of its rights against you which may have arisen in the past or which may arise in the future.
    • Nothing in this Agreement will create any agency, partnership or joint venture relationship between you and us and you shall not hold yourself out as our agent or partner or as being in a joint venture with us.

    Cookie collection

    A cookie is a small piece of information that is placed on your computer's hard drive by your web browser when you use our computer server. Cookies allow us to recognize you and to learn about your previous visits. Most browsers automatically accept cookies, but you can usually change your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our website. The information we collect and may share with our advertisers is anonymous and does not personally identify you. It does not contain your name, address, telephone number or email address.

    In addition to the above clauses, the following clauses shall apply to the use of the Website regarding the viewing and/or purchase of Products on the Website:

    Online registration

    • Registering as a buyer on the Site is free and does not oblige you to purchase anything. You must register on Shoppi before placing your first order online.
    • Registration and/or use of our website constitutes your acceptance and agreement to be bound by our website terms. To register, you will be required to provide certain personal information which is protected by our Privacy Policy.
    • When registering on Shoppi as a buyer, you will be required to provide an email address and password that will be used as your username for the website. Please keep your password private as Shoppi assumes no responsibility for any damages or losses incurred as a result of the use or misuse of your account. [Your password must be a minimum of 8 (eight) characters including at least 1 (one) capital letter, 1 (one) number and 1 (one) special character].
    • You will need to enter your email address and password each time you visit our website. To change your registration information, please click on [“My Account” > “My Profile”] where you can edit your information.
    • By registering as a buyer, you must provide Shoppi with complete and accurate information about yourself. In doing so, you warrant that the information provided is accurate. Upon acceptance of your registration, you will receive an email confirming your registration as a buyer on the Website.

    Product images, product representation and description

    • Shoppi has made every effort to display the products on the Website as accurately as possible, including:
      • images that represent a visual representation of the Product;
      • the characteristics and descriptions relating to the Product; and
      • the specifications relating to the Product;

    However, the actual product delivered may be subject to variations in appearance as product packaging may differ over time.

    • Upon delivery and/or collection of the Product, you must satisfy yourself as to the nature and quantity of the Products. You will be required to sign a delivery note confirming receipt of the Products which will constitute evidence that you have inspected the Products and are satisfied that the Products received are in accordance with your order placed via the Website.
    • As the actual colors you see will depend on your computer monitor, Shoppi cannot guarantee that your monitor's display of any color will be accurate.
    • Product images may include ancillary items sold separately and you will need to place an additional order for these ancillary items.
    • Shoppi may suggest, from time to time, related products to the product you are viewing on the Website. These Related Products are indicative only and do not constitute an exhaustive list. Shoppi will not be liable in the event that you purchase a related product that you do not require and/or does not suit your specific needs.
    • If you are not satisfied with the products delivered, you may return such products subject to Shoppi's Return and Refund Policy which is deemed to be incorporated into these Terms, as amended from time to time.

    Obvious mistakes

    • Shoppi will not accept any order in which Shoppi identifies an unintentional and obvious error in the prices of the products or in the description of any of the products on the Website.

    Product prices and availability

    • The products displayed on the Website are subject to availability and will be delivered in the Democratic Republic of Congo only, in the areas determined by Shoppi from time to time.
    • You will be asked to select your fulfillment store where the products will be purchased. Available delivery areas are identified during the checkout process and are subject to the fulfillment store area you selected, when the shipping address is entered.
    • You can order products from more than one store, but additional delivery costs will be charged.
    • It is your responsibility to ensure that the delivery address, including suburb and postcode, is correct. Shoppi will not be liable for any products or additional costs that may be incurred as a result of products being delivered to an incorrect address provided by the customer.
    • All prices displayed on the Website are valid and effective only in the Democratic Republic of Congo at the time they are consulted. Shoppi reserves the right, without notice, to discontinue or change the prices or specifications of the products offered on this Website, without incurring any liability.
    • Shoppi cannot guarantee stock availability but will endeavour to source as much as possible to fulfil your order. Where items cannot be delivered, Shoppi will endeavour to contact you based on the information provided at registration and offer to either cancel the order or reduce the quantities, as appropriate. If Shoppi is unable to supply each item ordered or in the quantities ordered and is unable to contact you, you nevertheless agree to accept delivery and make payment for those items correctly delivered.
    • Prices shown on the Website will be charged to you, subject to availability. Prices include value added tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
    • The Shoppi Retiree Discount does not apply to sales generated through the Website. If you wish to use the Retiree Discount, you will need to visit our stores on a Wednesday and subject to the Retiree Discount Terms and Conditions as determined by Shoppi from time to time.

    Payment methods

    • Prior to delivery or Shoppi's confirmation that the Products are ready for collection by you, Shoppi shall have the right either:
      • charge the credit card you provided when accepting your order if you pay by credit card; or
      • debit the merchant account upon acceptance of your order if you pay with a merchant account; or
      • debit the deposit account upon acceptance of your order if you pay with a deposit account; or
      • process the order once Shoppi has received a successful payment confirmation, if you pay by EFT; or
      • pay through any other feature offered through Cybersource.
    • You may pay your Trading Account or deposit additional funds into your Deposit Account on the Website. Before the balance is reflected in your Trading Account or Deposit Account, Shoppi shall have the right to:
      • charge the credit card you provided when accepting your order if you pay by credit card; or
      • Process the balance to your merchant account or deposit account only once Shoppi has received a successful payment confirmation, if you are paying by EFT.
    • All payments made by credit card or EFT will be processed by Cybersource and Shoppi. Your credit card details and personal information will be provided by you to Cybersource in order for the payment transaction to be processed.

    3D secure

    • When you use your credit card for online purchases, Shoppi, through Cybersource, may use 3D Secure as an additional security measure if your issuing bank supports it.
    • 3D Secure will authenticate your personal data and authorize payment for online purchases. If your issuing bank supports 3D Secure but you have not enabled it, you will be redirected during the checkout process to set it up.

    Orders

    • By submitting an order to purchase products, you: -
      • represent and warrant that you are over 18 (eighteen) years of age;
      • represent and warrant that you are authorized to place the order, to make payment for the order, and that there are sufficient funds available in your credit card, merchant account, or deposit account, if you are paying through one of these payment mechanisms;
      • represent and warrant that, if you are paying by EFT or mobile money, you have followed the payment instructions provided by Cybersource;
      • consent to us providing your personal information to our third party payment provider, namely Cybersource], as necessary to enable us to perform our obligations under this Agreement.
    • To protect our interests and yours, we may, but are not obligated to, review transactions to prevent fraud. Any transaction may be declined by Shoppi if Shoppi is not satisfied that it is legitimate.
    • You may pay for the Products using a valid Master or Visa credit card, EFT or mobile money, merchant account or deposit account or through authorized mobile money payment platforms. No other payment methods, including gift vouchers, will be accepted by Shoppi for the purchase of Products on the Website.
    • When placing an order, you will be asked to choose whether the ordered products will be picked up from the selected store or whether you want Shoppi to deliver the products to the specified delivery address.
    • In case you wish to upgrade your order from pickup to delivery, Shoppi will charge you additional delivery fees.
    • All your orders placed through the Website can be viewed under the [“My Profile” > “Order History”] tab.
    • Upon receipt of your order, Shoppi will send you an email describing the Products you have ordered on the Site and a text message confirming the order number. This email will confirm that Shoppi has received your order, but does not represent any acceptance of your offer to purchase the products contained in this order.
    • Shoppi is not legally obliged to supply the products to you during the bidding process.
    • The sales contract between you and Shoppi will only be completed when Shoppi ships the Products to you. Any Products in the same order that have not been shipped to you are not part of this contract.
    • Delivery and collection dates are estimates only, and as your order is processed you will be notified if any products pending on your order are unavailable or delayed for any reason.

    Delivery

    • Shoppi only delivers to certain areas. If Shoppi does not deliver to your area, you can pick up the products directly in store.
    • A delivery fee will be charged for each delivery order placed by you. Shoppi delivers from [Monday to Friday, from 08:00 to 17:00 Saturday between 08:00 and 13:00]. Shoppi does not deliver on Sundays and public holidays in the Democratic Republic of Congo. If it proves unavoidable that we exceed these delivery times, you will be informed by telephone or electronic means.
    • In the event that you request that your order be delivered to multiple addresses, additional delivery charges will be charged.
    • Shoppi and/or the Delivery Service Provider may make multiple deliveries to your delivery address. In the event that Shoppi and/or the delivery service provider choose to make multiple deliveries of your order, no additional delivery costs will be charged to you. Shoppi will inform you of multiple shipments to your delivery address.
    • You must ensure that the correct delivery address is provided to Shoppi and Shoppi will not be liable for deliveries made to an address incorrectly provided by you.
    • You hereby authorize Shoppi to provide your personal information, including your name, shipping address and telephone number to our third party service provider (“Delivery Service Provider”) for the purpose of completing the delivery.
    • Shoppi and/or delivery service providers deliver to registered customers within certain specified delivery areas. Deliveries to outlying areas will incur an additional surcharge which will be calculated at checkout. An outlying area refers to a suburb or town that is located outside of any regional city or major centre. Outlying areas include farms, mines and townships.
    • Shoppi and/or the delivery service provider may contact you from time to time regarding your orders.
    • With each delivery of the order to the indicated delivery address, you will receive a delivery note from Shoppi or the Delivery Service Provider, indicating the items delivered.
    • For verification purposes, the person accepting delivery at the delivery address will be required to provide identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorized to accept delivery on your behalf.
    • If no one is present at the delivery address provided by you at the time of delivery, the driver will return the Products. Shoppi or the delivery service provider will attempt to contact you to make new arrangements for delivery. Shoppi reserves the right to charge additional delivery costs if this proves necessary in these circumstances. Shoppi's sole liability for failure to deliver the Products on time is limited to the delivery being rescheduled for a later agreed date and at no additional cost.
    • Shoppi or the Delivery Service Provider will not be liable for any loss or damage suffered by any person, including you, as a result of any act or omission of Shoppi or the Delivery Service Provider in delivering the Products to the Delivery Address.
    • Shoppi will deliver to the curbside of the delivery address assigned to you. It is your responsibility to ensure that you have made arrangements to accept delivery and storage of the Products. Shoppi will not disassemble or assemble any Products for you, nor will Shoppi connect any appliances, fixtures or fittings for you.
    • You warrant that the delivery address is suitable for entry by Shoppi and/or its delivery service provider's vehicles and if a claim arises from damage to items such as driveways, overhead cables or walls, then you will be liable for such damage.

    Click and Collect

    • To collect in store, place your order online as usual and select the “collect” option instead of entering your delivery information.
    • Products can only be collected from your chosen fulfillment store upon presentation of a valid order number, which can be printed either after your payment has been made or in your online order history.
    • All orders must be collected within 7 (seven) days in store, failing which Shoppi cannot guarantee the availability of these Products.

    Order tracking

    • You can track the status of your order by logging into your account and clicking on [“My Account” > “My Profile” > “Order History”] which is located under your personal account. Once you have selected the order you wish to track, you will be able to see if your order has been received by Shoppi, if it has been delivered to you and if it has arrived at the store of your choice for you to pick up. The order history will only track your online transactions and not purchases made in-store.
    • Shoppi will also send you [emails and/or SMS] to advise you on the progress of your order. You can call us on our regular lines to inquire about your order.

    Cancelation

    • If for any reason you wish to cancel an order or part of it, you may do so by contacting our contact center. You will only be able to cancel orders until midnight the day before the delivery date.
    • You may return a product, at your own expense, to any Shoppi store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions. Please refer to Shoppi's Return and Refund Policy.

    Refunds

    • Shoppi will refund a purchase for the exact amount paid less any delivery costs already incurred by Shoppi;
    • Refunds will only be processed in accordance with the Refund and Return Policy, and to the payment method used when creating the order, and to the account from which it was paid, for example by credit card, EFT, mobile money or crediting the Merchant Account or Deposit Account.
    • Shoppi, in its sole discretion, reserves the right to reimburse you in cash or any other amount determined by Shoppi, which cash payment will only be made at the store.
    • Shoppi reserves the right to make any refunds in the exact manner in which you purchased the products (e.g. money received refunded in cash and electronic funds transfer to the account from which the deposit was originally received).
    • A refund may take up to 7 (seven) business days to reflect in your account, and EFT refunds are subject to verification of your bank details.]

    Risk and Property

    • Risk in the Products will pass to you upon acceptance of the Products by your authorised representative upon delivery or collection. We will retain title to the Products until payment is received in full. In respect of Deliveries, title will pass to unloading the Products at the kerbside.

    Product Reviews

    • You can view any of the products on the website.
    • Shoppi reserves the right to edit or remove any review deemed, in its discretion, to be defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or containing child pornography, religious or racial slurs or threats or encourages bodily harm or the like or which may violate the publicity rights of any person.
    • By submitting a product review, Shoppi may contact you to obtain additional feedback from you in order to improve products and services.

    deposit conditions

    • By opening an online account on the Website, you will be entitled to deposit funds into your online account in order to make purchases with those funds, from time to time. These Terms govern the terms of such deposits and should be read in conjunction with any agreement signed between us in the event that you have a deposit account. In the event of any ambiguity between these Terms and any written agreement, in such event, these Terms shall prevail.
    • Your online account will allow you to purchase products on the Website and in any Shoppi store and will be subject to these Terms, whether the purchase is made online or in a store.
    • The online account functionality provided to you through your online account or under any written agreement between us does not provide you with a credit facility. Where you require a business account, you will need to apply for one through the ancillary credit application process.
    • Payment of deposits into your online account can be made as follows:
      • In accordance with Article 26 above and via the Website;
      • Directly to the bank account designated by Shoppi, using your account number as a reference;
    • You will not earn any interest on any deposits into your Deposit Account. Amounts in your Deposit Account will only be used for the purchase of products sold by Shoppi. Any interest that may result from the deposit of funds into Shoppi's bank account will accrue in favor of Shoppi and no interest will be credited to your Deposit Account.
    • If a deposit exceeds KES 70,000, Shoppi will issue you with a card and PIN, which you must present for any purchase made at any store. You must ensure that the card and PIN are kept safe. In the event of loss or theft of the card, you must immediately contact the Shoppi contact center. You may be required to submit additional information to Shoppi in the event that you require additional cards to be issued to your authorized additional cardholders.
    • You hereby consent to Shoppi carrying out all due diligence checks, in order to verify your identity as the holder of the Deposit Account.
    • If the Online Account or Deposit Account falls into a debit balance, either due to a system error or for any reason whatsoever, a detailed statement will be sent to you after which you will be required to pay the entire outstanding balance within 30 (thirty) days of receipt of the statement. If payment is not made within the 30 (thirty) day period specified above, the total amount owed by you to Shoppi will bear interest at the rate of 2% (two percent) per month or the maximum prescribed interest rate applicable to incidental charges. credit agreements as determined by the relevant legislation from time to time. Interest on the total amount owed by you to Shoppi:
      • Accumulate daily;
      • Be calculated on the actual number of days elapsed.
    • As the holder of the Online Account or Deposit Account, you may be entitled to a refund of any credit balance in the Account, at Shoppi's sole discretion, provided that:
      • all documents that Shoppi may require are completed and submitted to Shoppi; and
      • subject to Article 33 above.
    • You have a maximum period of 12 (twelve) months to request a refund in order for the request to be processed. Thereafter, an administrative fee, as determined from time to time by Shoppi, will be levied on the refund. In order to process a refund, you will need to visit your nearest store and no refund can be requested on the Website.
    • Shoppi will not be liable for any unauthorized use of the Deposit Account and you indemnify and hold Shoppi harmless from any and all unlawful activity carried out by you and/or your purported authorized representatives in connection with the use of the Deposit Account and your Online Account and any claims that may arise therefrom.
    • In the event that you fail to comply and/or refuse to comply with these Terms, Shoppi shall be entitled to impose an administrative penalty on you, as determined by Shoppi from time to time or, alternatively, to close your online account and/or deposit account, and recover all legal costs from you on an attorney and own client basis.

    VOUCHERS AND COUPONS

    • Shoppi may, from time to time, and in its sole discretion, offer you coupons that may be used for purchases of products on the Website.
    • Coupons can only be used on the Website and cannot be redeemed at any store unless otherwise stated in the Coupon Terms and Conditions.
    • Coupons may only be applicable to particular products purchased on the Website and may be limited to a certain number of products sold.
    • Each coupon will include a discount voucher code that you will need to complete in order to receive such fixed discount or percentage off before completing your purchase on the website.
    • Each coupon can only be used once and only for 1 (one) order and for 1 (one) account holder.
    • Each Coupon may be subject to additional terms and conditions which will be displayed on that Coupon and you may receive the Coupon via email, SMS or in printed form.
    • Each coupon may have an expiration date specifying the date by which the coupon must be used. Failure to use the coupon within the specified time will result in the coupon being void.
    • Shoppi reserves the right to cancel, correct, modify or reject a coupon for any reason and entirely at Shoppi's discretion. Additionally, Shoppi may offer a coupon to a limited number of users and, therefore, a promotional code may not be active when you attempt to use that promotional code. In such a case, you cannot hold Shoppi responsible for the fixed discount or discount percentage that you could have earned if the coupon had been used earlier.
    • Coupons cannot be exchanged or refunded for cash or credit and no user is entitled to receive a coupon.
    • Shoppi will not be liable for any damage or loss that you, or any third party, may suffer as a result of any loss, use or unauthorized distribution of a Coupon.
    • In the event that the coupon code does not accurately reflect the fixed discount or discount percentage when you make the payment, please contact the Shoppi contact center to verify if the coupon is still valid. In the event that the coupon is valid, you will have the right to cancel the order or use the coupon on your next purchase, provided that the coupon remains valid, has not expired or has not been canceled by Shoppi.
    • You may be asked, from time to time, to provide Shoppi with the original communication containing the voucher code as well as such additional information as Shoppi may request.


    Questions about the Terms of Use should be sent to us at hello@shoppi.cd

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