This agreement
This agreement is made between you, the buyer (the buyer) who has willingly chosen to use Selina Wamucii Platform (the platform) to source, buy or import produce from vendor(s), producers, seller(s) or their agent(s) (the vendor(s) who ave willingly registered, approved and listed their produce for sale, on the one part and Selina Wamucii Platform (the platform) regarding your usage of the platform. Throughout this agreement, the two parties can be variously referred to as the buyer, buyer on the one part; and Selina Wamucii Platform, marketplace, Selina Wamucii or the platform. 


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Disclaimer
Selina Wamucii is a marketplace platform for Africa’s food and agricultural produce. Through Selina Wamucii, producers are able to sell directly to markets within Africa and anywhere across the world. Buyers, on the other hand, can easily source, buy or import produce from any African country. This platform provides the technology, tools and or resources that make it easy for producers and buyers to trade and transact securely. Therefore, Selina Wamucii is not a vendor, farmer, seller, manufacturer, owner of produce, producer,or their agent (s)/representative(s) and will not be responsible, held responsible, or hold brief for any vendor, seller or their agents/representatives. 

Consent
The moment you sign up to use Selina Wamucii as a buyer, you automatically and effectively consent and agree to be bound to all the terms and conditions of this agreement. This agreement is the one that will be used in a court of law should any issues arise between you and the usage of the platform including your transactions with buyers, produce going bad, produce damaged, contaminated, lost etc. By agreeing to and accepting this agreement, you have officially signed and your acceptance and agreement hereof represents your official binding signature to this agreement.  

Signatures
An electronic signature(s) is any electronic symbol, process that is is executed in relation to an agreement with the intention to sign the agreement. You agree that including this document on this marketplace constitutes a binding electronic signature between you and Selina Wamucii Platform and clicking the Agreement checkbox during the account creation process represents your binding electronic buyer signature for this agreement.

Quality expectations
It is upon you as the buyer to be crystal clear of expectations of the quality specifications before the vendor starts to process your order. Selina Wamucii advises you to only accept order processing to start only when you are 100% sure that the vendor has confirmed their ability to deliver on your expectations in order to avoid issues that often arise from vendor’s failure to meet buyer’s expectations.You retain the power to withdraw an order whose specifications you feel the vendor is not well equipped to meet, and to this end, Selina Wamucii will always be standby to guide you appropriately. In the event of issues arising from shipped goods that may lead to delay of transactions, the responsibility of solving the issue remains entirely between the buyer and vendor. Selina Wamucii will, however, provide the technology to ensure transparency and accountability. This makes it easy to trace the source of the issue, apportion responsibility and where possible guide the vendor and the buyer to arrive at a comfortable solution. With Selina’s technology, tracking and timelines, Selina Wamucii does not expect complex situations. Selina Wamucii will not be involved in direct dispute resolutions between vendor and buyer, but provides the technology and tools that largely reduce risks and arising of disputes. 

Communication
To help secure your transactions, the buyer shall strictly communicate directly with buyers within the platform without exchanging contact details. This is one of the most important avenues Selina Wamucii uses to create an efficient platform that focuses on trading while reducing risks of unethical business cases such as fraud. Violation of this guideline will be interpreted to be a violation of this agreement, like any others within the agreement, and will lead to suspension from using the platform as well as demand of necessary payments/refunds and or prosecution in a court of law should such violation(s) lead to losses be it by way of expenses or lost revenue to Selina Wamucii directly or indirectly. 

Payments & Timelines
All official payment options accepted by Selina Wamucii will always appear listed at order placement. Please note that all shipments are continuously tracked by Selina Wamucii, therefore while the buyer is required to confirm receipt as formality, the platform does not rely entirely on the buyer’s confirmation. 

Insurance
While Selina Wamucii will always take all measures to consistently deploy tools that reduce risks of shipments going wrong and leading to issues between buyer and vendor, it is advisable for the buyer to coordinate with the vendor and make insurance arrangements as fresh produce is very sensitive and while everything can be done to avoid damage, something can always go wrong. If you already have insurance for your shipments as a buyer, please indicate so when placing your order. Insurance is the easiest way to avoid losses in the event that something goes wrong, especially for very high-value shipments. 

Content
By agreeing to this agreement, you grant the royalty-free use of any content you submit to Selina Wamucii, all partners and affiliates. You represent that you own any form of content you submit or that you have the right to distribute all submitted content. You will be absolutely responsible for any violation of rights for unauthorized content. 

Jurisdiction: Any issues with Selina Wamucii shall be adjudicated in a Kenyan court of law and you agree to exclusive jurisdiction of courts in this country. This agreement shall be governed by Kenya law, without regard to conflict of laws, principles thereof.

Disputes: You agree to release Selina Wamucii from claims, demands, and damages related to transaction disputes. Should dispute arise, buyers and vendors are directed to work with each other to come to an amicable resolution. 

Indemnity/Limitation of Liability
You will defend, indemnify and hold harmless Selina Wamucii and all its affiliates if any (and their respective directors, employees agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including fees of attorneys) arising out of any action, claim, investigation, audit, inquiry or other proceeding initiated by an entity or person that arises from or relates to (i) any actual or alleged/claimed breach of your representations, warranties, or obligations set forth in this agreement; or (ii) your own website or other purchase/sales channels, the products you buy or sell, any content you provide, the advertisement, offer, sale or return of any products you buy, any actual or alleged infringement of any intellectual property or proprietary rights by any products you buy or content you provide, or the collection, payment or failure to collect or pay any taxes. SELINA WAMUCII WILL NOT/NEVER BE LIABLE FOR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE PLATFORM, THE INABILITY TO USE THE SITE OR THE MARKETPLACE/PLATFORM, OR THOSE RESULTING OUT OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE/PLATFORM/MARKETPLACE. 

Warranty
The Selina Wamucii marketplace, the platform (selinawamucii.com) is provided as-is and without warranty. Selina Wamucii makes no warranties of any kind, expressed or implied. Selina Wamucii will provide the best effort to ensure Selina Wamucii is available 24 hours-a-day 365 days-a-year, but we do not guarantee Selina Wamucii will always be available. Selina Wamucii will not be liable for any loss due to Selina Wamucii not being available. Selina Wamucii will not be liable for any loss due to errors in our software/systems or the software/systems of others that we use.

Termination of use
Selina Wamucii reserves the right to monitor buyer accounts to determine if laws or policies are being broken. Any illegal or fraudulent activities may be reported by Selina Wamucii to law enforcement or other third parties. Upon termination, buyer must pay Selina Wamucii any due fees for damages or incurred thereof or any fees that may have been incurred prior to the effective termination date. 

Return Policy
For all of your products you will always accept, and promptly process returns, refunds and adjustments in accordance with this agreement. The buyer is subject to follow the Vendor’s return policy. The buyer will determine and calculate the total amount of all refunds plus adjustments (including taxes, shipping and handling or other charges as may arise) or other amounts to be paid by your vendor and agreed with the vendor. You are required to promptly provide refunds and adjustments that you are obligated to provide and as required by the law, and in no case later than thirty (30) working days after the obligation arises.

Taxes
It is the buyer’s responsibility to collect and remit any taxes associated with a transaction. Selina Wamucii will not be held responsible for the collection or lack of collection of any taxes due to the use of Selina Wamucii. Selina Wamucii is not responsible for determining when tax should be charged or paid. 

Buyer Restrictions
Buyers cannot trade in produce, products, items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Furthermore, buyer must meet all terms and conditions required by all applicable Regulations. Any items listed for sale must be listed on the correct item page alongside accurate description of the products must be given. The accounts of buyers may be limited in a matter that allows them to make a certain amount or level of transactions within a given time at the sole discretion of Selina Wamucii. Transactions must always strictly take place between two different individuals, organizations or entities. Selina Wamucii reserves the right to refuse service to anyone at any time for any reason. Selina Wamucii reserves the right to prohibit the sale of any item in the marketplace. At Selina Wamucii’ discretion, products can be removed at any time without notice whatsoever. The way listings of products appear in the marketplace may vary without notice to users of the marketplace ( Vendors or Buyers). Vendors are expected to strictly only list items and quantities they are capable and readily willing to sell in the delivery period they specify. Vendors are duly required to sell products at the given price that they listed on the platform to customers who meet or agree to the Vendor’s terms. By buying an item listed on Selina Wamucii you agree that you have the right to buy the item, that you have access to the funds used to buy the item and that your specifications provided in your order is complete and accurate. Vendors are required to ship an order within reasonable duration and communicate the expected time of arrival clearly to the buyer. Failure to ship by the provided date without any prior explanation or notice may be grounds for termination of vendor Account. At any point in time, Selina Wamucii reserves the right to require the Vendor to provide a “letter of supply”. The buyer agrees to not directly or indirectly compete with Selina Wamucii and its successors and assigns,affiliates or agents etc by creating or having any ownership stake in any multi-Vendor marketplace for the duration covering this agreement and for twelve months following the termination of this agreement. The buyer acknowledges that Selina Wamucii shall or may in reliance of this agreement provide the buyer access to trade secrets,vendors, customers, and other confidential data and that this agreement officially protects Selina Wamucii and its goodwill. The buyer agrees to retain said information as confidential and not to use said information on her, his, or their own behalf or disclose same to any third party. 

Shipping Expectations
All shipping fees, taxes,and comprehensively all costs of the produce plus intended margin if any are included in the listed selling price. All orders should be shipped to their customers within the timeframe committed to by the vendor or during coordinated discussions with platform handlers/buyers or their agents. While Selina Wamucii will always communicate updates including timelines, it is the buyer’s absolute responsibility to seek clarity on expected timelines.

Eligibility Requirements
Buying items through Selina Wamucii is limited exclusively to parties who can lawfully enter into a contract. Minors will not be allowed to buy or sell through Selina Wamucii. To buy items through Seina Wamucii you must supply your organization’s details as per the registration guidelines. 

Account Set-up
You must log in with an already existing account or complete the Site registration process in order to create an account with a username and password (the “Account”) in order to make full use of selling on this marketplace. You are responsible for protecting your user credentils including password. You must provide accurate, current and complete details/information, and you must update such in a timely manner so as to maintain its completeness and accuracy. Any use of the platform through your Account will be deemed as being used by you. Selina Wamucii is entitled to rely on the contact and other information that is supplied through your Account. Your Account is non-transferable and nonassignable. 

The marketplace
Selina Wamucii provides an online service that allows buyers to buy produce, products, items from vendors. Selina Wamucii does not act as the agent for either buyers (buyer) or vendors (vendor). Selina Wamucii provides a platform for these transactions to take place.

Conflict Resolutions
In order issues and any others that may arise as is usually normal due to the unpredictable nature of food and agricultural produce trade transactions or indeed any others across any industries, Selina Wamucii advises the following advise/guidelines for speedy resolution and completion of orders.

The buyer is advised to:

  • Clear goods from the airport/seaport immediately they arrive
  • Check the condition of the goods immediately they arrive in your warehouse/premises
  • Confirm the state of the shipment to Selina Wamucii and the Vendor via the Selina Wamucii system
  • Take a video of the goods and send it to Selina Wamucii and the Vendor via the Selina Wamucii system
  • Raise any issues immediately with evidence to Selina Wamucii and the vendor via the Selina Wamucii system
  • All issues should be raised within 72 hours of the shipment arriving at the buyer’s warehouse, after which Selina Wamucii is free to take actions including assuming that the produce is in good order and therefore update the ordr status to “Completed”. 
  • Once the main issue is agreed on between the buyer and the vendor, they will be required to arrive at a resolution and inform Selina Wamucii of this resolution with 10 working days.. 

The vendor is advised to:

  • Be patient and carefully scrutinize the report from the buyer
  • Be sure to understand what exactly the problem is
  • Agree with the buyer on a concrete resolution
  • Make the agreement formal if need be especially for long term engagements.

In case the goods received by the buyer do not meet the expectations due to various causes including damages, poor quality, wrong specifications or missing goods among others, both the buyer and the vendor are expected to come to a speedy conclusion and communicate the agreed resolution to Selina Wamucii.

Buyer Agreement to Commit
Always, by placing and accepting the order to be processed by any vendor via Selina Wamucii, I agree and commit, that:

I have understood the qualities of the vendor’s produce specifications,

I have the capability and capacity to purchase the listed produce, products, items,

I am satisfied that the produce specifications from the vendor meet my specifications,

In case any issue arises, I am willing to participate fully in resolving it and will be patient until it is resolved. 

I understand that resolving issues might take long.

I understand that Selina Wamucii will never be involved and or come in whatever way for issues to do with conflicts arising as a result of the produce shipped. 

I understand that Selina Wamucii is simply a platform that enables me to trade/buy produce and that I am therefore fully responsible and accountable. 

Buyer presence during processing
Please note that for high value goods involving a lot of money, Selina Wamuci strongly advises physical participation by both the buyer and the vendor especially at the most critical stages of the value chain such as harvesting, grading, packing, loading for transit and setting transit conditions, clearing at the airport, and inspection once at the buyers premises.While this can be an expensive undertaking, it reduces chances of complex issues arising, and makes it possible to quickly agree on the problem and solution between the two parties i.e vendor and buyer. As the buyer you have all the freedom to travel, follow your produce and be present when your order is being processed by the responsible vendor, so that you can physically participate in inspecting the process to ensure everything goes on well..You can do this by yourself or through your representatives/agents. Please note that you will bear all the costs of travel including, visa, accomodation and meals unless your host vendor agrees to subsidize or cater fully. 

Guiding checklist for ensuring your specifications are met (NOT EXHAUSTIVE): 

  1. Maturity
  2. Moisture content
  3. Spots
  4. Sizes
  5. Cleanliness
  6. Weights
  7. Packaging
  8. Branding
  9. Grades
  10. Pre-cooling
  11. Transit temperature
  12. Transit humidity
  13. Date of harvest
  14. Date of storage
  15. Number of days in warehouse
  16. Storage conditions
  17. Number of days in transit
  18. Shelf-life after readiness
  19. How many days before ripening starts at room temperature
  20. How many days before ripening starts in cold storage, at what temperature
  21. Shelf life after ripening
  22. Total shelf life in days (before and after ripening)
  23. Labeling

Guiding checklist to ensure you are efficient in receiving, checking and approving the produce (NOT EXHAUSTIVE)

  1. Produce has arrived at the destination port?
  2. Produce has been cleared?
  3. What is the condition upon arriving? 
  4. Ask for/take pictures and video as of how produce looks before transiting it to your warehouse. Any witness who saw the produce that can confirm this is the correct position? Ensure the witness is not related to you, i.e non-interested entity..
  5. Produce is safely kept at right conditions after clearance?
  6. Produce has been transported from airport/seaport?
  7. The right conditions observed during transportation?
  8. Produce has arrived in your warehouse (capture time and date)?
  9. You have thoroughly checked the produce (give time and date)?
  10. Have you uploaded images and videos to Selina Wamucii (capture time and date)?

The vendor has the freedom to be present during arrival and unpacking of the shipped produce by themselves or through their representatives/agents. Please note the vendor bears all costs for their travel including visa, accommodation and meals unless the buyer opts to host the vendor at their cost.

Dispute duration
Whenever a dispute arises between buyer and vendor, Selina Wamucii expects the parties to reach a resolution within 10 working days. If no resolution is reached within this duration, Selina Wamucii will seek ways to bring the dispute to an amicable end, in the role of unbiased arbiter. In case Selina Wamucii will not be able to find a solution, the parties will be free to seek redress through other means including in a court of law. 

Termination
If you wish to terminate this agreement please contact Selina Wamucii. Your termination will be officially confirmed and communicated via the same email by Selina Wamucii. 

Updates
This agreement will change from time to time. While any changes will always be communicated, please make a point of always checking this page consistently for updates and changes as Selina Wamucii will not be held liable for non-delivered communication.