Vendor Terms and Conditions

Millions of shoppers can’t wait for your grand opening

 

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY KIZONGA.COM . THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW. KIZONGA.COM  (THE “SITE”) AND ALL SERVICES PROVIDED BY KIZONGA.COM  ON THE SITE.

 

You’re New Selling Venue

Kizonga. com is an E-commerce market place for artists to sell their original artwork
and sellers to sell home designing, men/women/children clothing, accessories, households, arts & crafts, fabrics and other items especially designed keeping African Art on the top of mind.
Before you list yourself as a supplier please go through the below terms to identify that what we expect from you and how we can make together

 

A great shopping experience for the buyers.

Make sure your listing follows these guidelines. If it doesn’t, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

 

Membership eligibility

Kizonga’s only allows its services for individuals who are 18 years and older and can form legal binding contract under applicable law. When you are going to sign up as a supplier you represent and warrant that you are at least 18 years old and all information submitted by you is true and accurate. Kizonga may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Individuals under the age of 18 must use Kizonga’s services only under adult supervision or guardian who is at least 18 years of age or older. In this case adult is the user and is responsible for all of the activities at Kizonga.com

 

 

 

 

What can you sell?

You’re Offerings:

On listing your product at Kizonga’s marketplace you warrant that you comply with Kizonga’s published policies. You also warrant that you hold all the rights to sell this item. The product and it features should be clearly described and terms of sale should be mentioned. To describe your product you can include text description, pictorials, graphics, pictures, videos and other related to specify your product. Each product must be identified with a proper name tag and number. Each listing must clearly describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

 

Shop Policies:

All sellers should have policies outlined for their shop. These policies may include shipping, return & refund, discounts and other selling policies. Sellers are desired to create policies which are acceptable and customer friendly. All policies must comply with Kizonga’s market place policies. Sellers have the right to maintain their own shop policies. However Kizonga reserves the right to request modify or change in policy.

 

Binding Sale:

All sales are binding. The sellers are obligated to ship the order and complete it in a prompt manner, unless there is an exceptional circumstance, such as:

  1. The buyer fails to meet the terms of the seller which were already defined to buyer
  2. The buyer doesn’t respond with the proper or accurate information to complete the order or
  • The seller cannot authenticate the buyer’s identity. The buyer should deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

 

Fee Avoidance:

The price stated in each item listing description must be an accurate representation of the product. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Kizonga’s transaction fees, misrepresent the item’s location, or use another user’s account without permission.

 

What you cannot sell?

You cannot sell the products/services from below category at Kizonga market place.

  • Adult items – Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18
  • Alcohol
  • Animals and Wildlife products-examples include live animals, mounted and specimens
  • Antique items need to be at least 75 years or older. They are not classified as Vintage
  • Artifacts, grave related items
  • Catalytic converter and test pipes
  • Cell phones (wireless) service contracts
  • Charity and fundraising
  • Clothing (used) Example; meaning not vintage
  • Contracts
  • Copyright infringement
  • Cosmetics – manufactured
  • Counterfeit currency and stamps
  • Credit Cards
  • Currency selling
  • Drugs and drug paraphenalia
  • Electronics equipment-cable tv descramblers, radar scanners, and traffic signal control devices
  • Electronic surveilance equipment, wiretapping devices and telephone bugging devices
  • Embargoed goods and prohibited counties – example include items from Cuba
  • Event tickets
  • Firearms, weapons, and knives
  • Food and healthcare items
  • Gift cards
  • Government documents, ID’s, and licenses
  • Government transit and shipping related items
  • Hazardous, , restricted, or regulated materials
  • Human remains and body parts
  • Importation of goods into the US
  • International trading
  • Items encouraging illegal activity
  • Lockpicking devices
  • Lottery tickets
  • Mailing lists and personal information
  • Manufactures’ coupons
  • Manufactured Items
  • Medical drugs, devices, and healthcare
  • Military items
  • Multi-level marketing
  • Offensive material
  • Pesticides
  • Plants and seeds
  • Police related items
  • Political memorabilia (reproduction)
  • Postage meters
  • Pornography
  • Prescripion drugs
  • Prohibited services
  • Real estate
  • Recalled items
  • Stocks and other securities
  • Stolen property
  • Surveillance equipment
  • Tobacco
  • Travel
  • Vintage items need to be 20 years or older but not more than 75 years and cannot be classified as Antique
  • Weeds
  • Wholesale goods

Please help us by letting us know about any prohibited, inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the ‘Report this item to Kizonga’ link that will be displayed nearby each item.  Every case will be reviewed by Kizonga admin and the offending seller contacted.  We will contact you if we need additional information from you.  The offending seller will have the opportunity to provide proof to support their case.  If Kizonga staff are unable to deduce a definite infringement, the offending seller is given the benefit of the doubt.

If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint, or request an agent to make a complaint on your behalf.

 

 

 

 

 

 

What we Expect from you?

Providing Great Customer Service:

 

We anticipate our sellers to provide the best and highest quality customer services. By selling on Kizonga you agree to:

  • Respond to communication in efficient and timely manner
  • Abide by the commitments you state in your shop polices
  • Process you shipping in timely manner. Sellers are obligated to ship an item or complete a transaction within a stipulated timeline, unless there are some exceptional circumstances. Please note that the legal requirements for shipping may vary from country to country.
  • In case of any dispute or disagreement try to settle with the buyer. If the both parties can’t reach to an agreement that Kizonga Trust and Safety team can be notified for the case.

Ratings and Reviews

Kizonga reserves all the right, but doesn’t hold any obligation to refuse to post or to remove any review of rating posted by the buyer. Kizonga will only asses the case of removing a review on seller’s profile under following circumstances:

  • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech
  • Reference to illegal set of activities
  • Reviews that do not reflect the actual buying, or product or services with no qualitative value.
  • Foul language or hate speech
  • Statements that appear to be false or just given to harm the seller
  • Comments that vilify kizonga reputation and authority

Ratings and Reviews posted by users are solely their opinion. It doesn’t reflects Kizonga’s opinions or point of view. Kizonga disclaims any and all representations or warranties with regard to the ratings and reviews. Reviews and ratings do not reflect the views of kizonga or its affiliated companies; or its employees, officers, directors, or shareholders. Kizonga does not assume responsibility or liability for any review or rating.

 

 

Cancellations:

Under any circumstances, if seller is not able to complete a transaction, the seller must notify the buyer in timely manner. If the buyer has made the payment, the seller must issue a full refund. Sellers are advised to keep a proof of refunds to avoid ant disputes in future.

The seller can cancel buyer order under following circumstances:

·         The buyer did not pay for the product. (The seller may flag a buyer for a payment not received, chargeback or cancelled payment)

·         Both of the parties i.e. Seller and Buyer agree to cancel the transaction prior to shipment and a full refund is made to buyer.

·         When a full refund is made to the buyer, the transaction can be canceled.

  • The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item. (Refunding shipping is optional, unless the buyer paid with Direct Payments, in which case you’ll need to refund in full.)

Disputes and Cancellations (Voids)

·         Kizonga encourages that buyers and sellers settle their disputes mutually. But if they are unable to settle it among themselves they can contact Customer Support team.

·         If there is an event of dispute, it is encouraged to use the Site’s dispute resolution tools to resolve the matter. If this doesn’t work seller or buyer can contact the Splashor team for dispute resolution.

·         For any order to be cancelled Kizonga team will assess it with multiple factors including violation of terms and services, misconduct and improper usage of Kizonga market place.

·         Kizonga holds all rights to cancel orders or place funds on hold for any suspected transaction made on the site.

Shipping

·         Most of the services provided at Kizonga require additional shipping charges. Such as arts and crafts, collectable items, etc. Sellers can add shipping charges for a local or international shipping.

·         It is important to provide the shipping address if the order requires physical delivery.

·         It is seller responsibility to arrange and deliver the goods once order is purchased by buyer.

·         Kizonga is not responsible for handling and delivery of ordered good and shall not be liable for any damages or other issues arising because of shipping.

·         A tracking number is a good way to track the shipments. Kizonga requires the sellers to enter the tracking number to avoid any disputes when delivering your work.

 

 

 

 

 

 

 

 

 

 

 

 

 

Sellers Contribution

Listing Fees:

We welcome your products on Kizonga’s website.

For each item that you list for sale we will charge you ___0___ USD. This fee is for adding a new product in the list. Editing the listing and product offering doesn’t cost you extra. The listing fee is applicable irrespective of product sales. The product listing expire after ___ months. Listing fee will be appear on Kizonga bill and this fee is nonrefundable.

Transaction Fees:

Wow you have made a sale

On selling your product through Kizonga’s platform, you will be charged for a transaction fee of __5__ % of the price you display for each listing. If the sale is made through US or Canada, the transaction fee will not apply to the shipping cost, Goods and Services Tax or sales tax. If you sell from anywhere in the world the transaction fee will apply to the listing price. Transaction fee will be printed on your Kizonga bill.

Currency Conversion:

Fees that are printed on your Kizonga’s bill are in US Dollars. If price of product is listed in currency other than US Dollars, the price will be converted to US Dollars for calculation purpose.

To avoid 2.5 % Foreign Exchange charges, Kizonga recommends that suppliers display the prices of product in their bank account currency. The users have the option of choosing the currency which they want to see for the product they are interested in.

Reporting policy violations:

If you see a listing that violates one of our policies, report it by sending an email to info@kizonga.com. If we determine that a listing has violated a policy, we will email the seller and the bidders or the buyer to let them know that we’ve removed the listing from Kizonga.

 

 

 

 

 

 

LEGAL

Kizonga Intellectual Property

Kizonga, and other Kizonga graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Kizonga, Inc. in the U.S. and/or other countries. Kizonga’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Copyright Infringement

According to chapter 5 of the United States Copyright Law, only the legal or beneficial owner of an exclusive right under a copyright is entitled to take action. In other words, only the copyright owner is allowed to report an infringement.

According to the law, the copyright owner must provide us with 6 pieces of information before we take action:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once the above information is provided, we will remove the item(s) in infringement.

 

Information Control

 

Kizonga does not control the Content provided by users that is made available on Kizonga. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Kizonga, you agree to accept such risks and that Kizonga (and Kizonga’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Kizonga. Please use caution, common sense, and practice safe buying and selling when using Kizonga.
Kizonga does reserve the right to use for its own marketing purposes, content collected via customer testimonials. The submission of a testimonial following a completed purchase inherently comes with the permission to use the content for promotion of Kizonga within the website and in other places.
By agreeing to these terms of use, you grant permission to Kizonga to use testimonial content is such a way.

 

Interference

 

Kizonga may contain robot exclusion headers that contain internal rules for software usage. Much of the information on Kizonga is updated on a real-time basis and is proprietary or is licensed to Kizonga by Kizonga’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Kizonga for any purpose without Kizonga’s prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in Kizonga’s sole discretion, any unreasonable or disproportionately large load on Kizonga’s infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user content from the Site without the prior expressed written permission of Kizonga and the appropriate third party, as applicable
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  • Bypass Kizonga’s robot exclusion headers or other measures Kizonga may use to prevent or restrict access to Kizonga
Breach

 

Without limiting any other remedies, Kizonga may, without notice, and without refunding any fees, delay or immediately remove Content, warn Kizonga’s community of a user’s actions, issue a warning a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Kizonga suspects by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise a user has breached this Agreement, or other policy documents and community guidelines incorporated herein.

Privacy

 

Except as provided in Kizonga’s privacy policy Kizonga will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Kizonga stores and processes content on computers that are protected by physical as well as technological security.

 

Password Responsibility

 

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password Kizonga recommends that you change it immediately.

International Purchases

 

All sellers should be aware that by making a purchase from an overseas seller, this transaction may incur import tariffs and charges and/or extra fees and duties dependent on the country in which the seller resides. Kizonga takes no responsibility for any such charges and as such it is incumbent upon the buyer in all circumstances to perform sufficient research into such matters prior to executing an international purchase.

 

Termination

 

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

 

Delivery and Postage

 

The cost of all postage and handling is to be incurred by the purchaser in every transaction through Kizonga.
Each seller must include an accurate estimate of postage costs for each sale item. These estimates should be based on size and weight and be mindful of varying costs in different countries.
If a seller does not stipulate a postage cost within their shop on their product pages, the postage cost will be deemed to be included in the sale price of the item and the buyer shall have no further responsibility to carry the cost of postage.

 

If, after having provided a postage cost, the seller has a shortfall between the postage estimate and the postage he/she actually pays, the shortfall shall be deemed to be the responsibility of the seller.

License/Content

We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify the site or its contents, or any portion thereof, without our prior written consent. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kizonga.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Dispute Resolution

 

Should you have a dispute with one or more users, or an outside party, you release Kizonga (and Kizonga’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Kizonga encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Kizonga, for the benefit of users, may try to help users resolve disputes. Kizonga does so in Kizonga’s sole discretion, and Kizonga has no obligation to resolve disputes between users or between users and outside parties. To the extent that Kizonga attempts to resolve a dispute, Kizonga will do so in good faith based solely on Kizonga’s policies. Kizonga will not make judgments regarding legal issues or claims.

 

 

 

 

 

 

Liability Limit

 

IN NO EVENT SHALL KIZONGA, AND (AS APPLICABLE) KIZONGA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR KIZONGA’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KIZONGA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
KIZONGA’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KIZONGA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KIZONGA IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

 

Indemnity

 

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

 

Copyright

 

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Kizonga or its content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Kizonga is used with permission. The arrangement and compilation of all content on this site are the exclusive property of Kizonga and are protected by international copyright laws. All software used on this site is the property of or its software suppliers and is protected by international copyright laws.

 

 

 

 

 

No Agency

 

You and Kizonga are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

Disclaimer

 

We do not represent or guarantee that the Kizonga service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Kizonga service or these websites will be uninterrupted.
You acknowledge that the Kizonga service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

 

Governing Law

 

This agreement is governed by the laws in force in North Carolina (Wake County) USA. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

Amendment

 

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.