DEVON MANAGEMENT LIMITED | P.O. Box 82204 | 80100 MOMBASA | KENYA
E-Commerce Terms and Conditions of Sale
The Consumer Buyer expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised.
Identification of the Supplier
The services covered by these general conditions are offered for sale by
DEVON MANAGEMENT LIMITED
P.O. Box 82204
hereinafter referred to as “Supplier”.
☛ 1.1. The expression “online sales contract” means the purchase and sale contract relating to
services of the Supplier, stipulated between them and the Consumer Buyer in the context of a
distance selling system through telematic tools, organized by the Supplier.
☛ 1.2. The expression “Consumer Buyer” means the consumer who is a natural person
the purchase, referred to in this contract, for purposes not related to commercial or professional activity
possibly carried out. The “Business buyer” is different, making purchases on behalf of the business
commercial or professional, if any.
☛ 1.3. The expression “Supplier” means the subject indicated in the epigraph or the lender
of information services.
Object of the Contract
☛ 2.1. With this contract, respectively, the Supplier sells and the Consumer Buyer purchases the services indicated and offered for sale on the website http://www.buffalohousewatamu.com remotely via telematic tools
☛ 2.2. The services referred to in the previous point are illustrated on the web page: http://www.buffalohousewatamu.com/shop/
Method of Entering into the Contract
☛ 3.1. The contract between the Supplier and the Consumer Buyer is concluded exclusively through the Internet by accessing the Consumer Buyer at the address http://www.buffalohousewatamu.com/shop/, where, following the procedures indicated, the The Consumer Buyer will formalize the proposal for the purchase of services and the contract for the purchase of the services referred to in point 2.1 of the previous article.
Conclusion and Effectiveness of the Contract
☛ 4.1. The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase manifested through the adhesion sent online or by filling in the form / form attached to the online electronic catalog at the address http: // www.buffalohousewatamu.com/shop/ and the subsequent submission of the form / module itself, always after viewing a printable web page of the order, which contains the details of the orderer and the order, the price of the service purchased and any additional ancillary charges, methods and terms of payment, the address where the service will be used and the existence of the right of withdrawal.
☛ 4.2. When the Supplier receives the order from the Consumer Buyer, he / she sends an e-mail of confirmation or displays a web page of confirmation and summary of the order, printable, which also contains the data recalled in the previous point.
☛ 4.3. The contract is not considered concluded and effective between the parties in default of what is indicated in the previous point.
Methods of Payment and Refund
☛ 5.1. Each payment by the consumer Buyer can only be made by one of the methods indicated on the specific web page by the Supplier.
☛ 5.2. Any refund to the consumer buyer will be credited by one of the methods proposed by the supplier and chosen by the consumer buyer, in a timely manner and, in the event of exercising the right of withdrawal, as governed by art. 13, point 2 and ss. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
☛ 5.3. All communications relating to payments take place on a specific line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in accordance with the provisions of the current legislation on the protection of personal data.
Delivery times and methods
☛ 6.1. The Supplier will register the selected and ordered services, in the manner chosen by the consumer Buyer or indicated on the website at the time of offering the service, as confirmed in the e-mail referred to in the point 5.3.
☛ 6.2. The methods, times and costs of the service are clearly indicated and well highlighted at the address http://www.buffalohousewatamu.com/shop/
☛ 7.1. All sales prices of the products displayed and indicated on the website http://www.buffalohousewatamu.com/shop/ are expressed in USD (US Dollars) and constitute an offer to the public pursuant to art. 1336 c.c.
☛ 7.2. The sales prices referred to in the previous point are inclusive of VAT and any other tax.
☛ 7.3. The prices indicated for each of the services offered to the public are valid until the date indicated in the catalog.
Availability of the Services
☛ 8.1. The Supplier ensures through the electronic system used the processing and fulfillment of services without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable services.
☛ 8.2. The Supplier’s computer system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
Limitation of Liability
☛ 9.1. The Supplier does not assume any responsibility for disservices attributable due to force majeure in the event that it is unable to execute the service within the time specified in the contract.
☛ 9.2. The Supplier cannot be held responsible towards the consumer Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected with the use of the Internet outside of its own control or that of its subcontractors.
☛ 9.3. The Supplier will also not be liable for damages, losses and costs incurred by the consumer Buyer as a result of the non-execution of the contract for reasons not attributable to him, having the Consumer Buyer entitled only to the full refund of the price paid and any charges supported accessories.
☛ 9.4. The Supplier assumes no responsibility for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, for payment
of the products purchased, if you demonstrate that you have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
☛ 9.5. In no case can the Consumer Purchaser be held responsible for delays or misunderstandings in payment if he proves that he has made the payment in the times and ways indicated by the Supplier.
Liability for Defect, Proof of Damage and Damages to be compensated: the Supplier’s obligations
☛ 10.1. Pursuant to articles 114 and ss. of the Consumer Code, the Supplier is responsible for the damage caused by defects in the service sold if he fails to communicate to the Damaged, within the term of 3
months from the request, the identity and domicile of the manufacturer or of the person who provided the service.
☛ 10.2. The aforementioned request, by the Damaged, must be made in writing and must indicate the service that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists.
☛ 10.3. No compensation will be due if the injured party has been aware of the defect in the service and the danger that derives from it and nevertheless voluntarily exposed himself to it.
☛ 10.5. In any case, the Damaged must prove the defect, the damage, and the causal connection between defect and damage.
☛ 10.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective service, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party.
☛ 10.7. The damage to things referred to in art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of USD three hundred eighty-seven ($ 387).
Guarantees and Assistance Methods
☛ 11.1. The Supplier is liable for any lack of conformity that occurs within 1 month of delivery of the service.
☛ 11.2. For the purposes of this contract, consumer services are presumed to comply with the contract if, where relevant, the following circumstances exist:
a) are suitable for the use to which services of the same type are usually used;
b) comply with the description made by the Seller and possess the qualities of the service that the Seller presented to the Consumer as a sample or model;
c) present the quality and the usual services of a service of the same type, which the Consumer can reasonably expect, taking into account the nature of the service and, if applicable, the public declarations on the specific characteristics of the services made in this regard by the Seller, by the producer or its agent or representative, particularly in advertising;
d) are also suitable for the particular use desired by the Consumer and which was brought to the attention of the Seller at the time of the conclusion of the contract and which the Seller has accepted also for conclusive facts.
☛ 11.3. The consumer purchaser loses all rights if he does not report the lack of conformity to the seller within 2 days from the date on which the defect was discovered. The report is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
☛ 11.4. In any case, unless proven otherwise, it is presumed that the lack of conformity that occurs upon delivery of the service already existed on that date, unless this hypothesis is incompatible with the nature of the service or with the nature of the lack of conformity.
☛ 11.5. In the event of a lack of conformity, the Consumer Purchaser may request, alternatively and without charge, under the conditions indicated below, the replacement of the purchased service, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
☛ 11.6. The request must be sent in writing, by registered letter with return receipt, to the Supplier, which will indicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the request of the Consumer Buyer, he must indicate the methods of re-protection of the service as well as the deadline for the re-protection of the defective service.
☛ 11.7. In the same communication, where the Supplier has accepted the request of the Consumer Buyer, he must indicate the proposed price reduction or the methods of reprotection of the defective service. In such cases, it will be the responsibility of the consumer Buyer to indicate the methods for re-crediting the amounts previously paid to the Supplier.
Obligations of the Consumer Buyer
☛ 12.1. The consumer buyer agrees to pay the price of the service purchased in the times and ways indicated in the contract.
☛ 12.2. The consumer Purchaser undertakes, once the online purchase procedure is completed, to print and keep this contract.
☛ 12.3. The information contained in this contract has, however, already been viewed and accepted by the consumer purchaser, who acknowledges it, as this step is made mandatory before the purchase confirmation.
Right of Withdrawal
☛ 13.1. In any case, the consumer buyer has the right to withdraw from the contract stipulated, without any penalty and without specifying the reason, within the term of 30 (thirty) working days, starting from the day of departure of the purchased service.
☛ 13.2. In the event that the professional has not satisfied the information obligations on the existence, methods and times of return or withdrawal of the service in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and runs from the day of departure of the service purchased by the Consumer.
☛ 13.3. If the consumer buyer decides to exercise the right of withdrawal, he must notify the seller by registered letter with return receipt. at DEVON MANAGEMENT LIMITED | BIT. Box 82204 | 80100 MOMBASA | KENYA or by e-mail to firstname.lastname@example.org provided that these communications are confirmed by sending registered letter with return receipt. to the address of DEVON MANAGEMENT LIMITED | BIT. Box 82204 | 80100 MOMBASA | KENYA within the following 48 (forty-eight) hours. The stamp affixed by the post office on the receipt issued will prevail. For the purpose of exercising the right of withdrawal, sending the communication may
validly be replaced by the return of the purchased service, provided in the same terms.
☛ 13.4. The compensation for the service must however take place within 30 (thirty) days from the date of use of the service at the latest. In any case, to be entitled to a full refund of the price paid, the service must be inadequate to expectations.
☛ 13.5. The Supplier will reimburse the entire amount paid by the Consumer Buyer free of charge within 30 (thirty) days from the receipt of the notice of withdrawal.
☛ 13.6. With the receipt of the communication with which the consumer Purchaser communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Causes of Termination
☛ 14.1. The obligations referred to in point 12.1, assumed by the consumer Buyer, as well as the guarantee of the successful completion of the payment that the consumer Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that, by express agreement, the failure of only one of these obligations, unless determined by unforeseeable circumstances or force majeure, will entail the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial judgment.
Protection of Confidentiality and Data Processing of the Consumer Buyer
Contract Archiving Method
☛ 16.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Consumer Buyer that every order sent is stored in digital / paper form on the server / at the Supplier’s premises according to criteria of confidentiality and security.
Communications and Complaints
☛ 17.1. Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: DEVON MANAGEMENT LIMITED | BIT. Box 82204 | 80100 MOMBASA | KENYA, or sent by e-mail to the following address email@example.com. The Consumer Purchaser indicates in the registration form his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier’s communications to be sent.
Settlement of Disputes
☛ 18.1. All disputes arising from this contract will be referred to the Court of Mombasa and resolved according to the Conciliation Rules adopted by the same.
☛ 18.2. If the Parties intend to appeal to the ordinary judicial Authority, the competent Court is that of the Supplier’s place of residence or elected domicile.
Applicable Law and Referral
☛ 19.1. This contract is governed by the law of the Republic of Kenya.
☛ 19.2. Although not expressly provided here, the legal provisions applicable to the relationships and cases provided for in this contract apply.
☛ 19.3. Pursuant to art. 60 of Legislative Decree 206/2005, the regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/2005 are expressly referred to here.
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously made between the Parties and concerning the subject of this contract.
I ACCEPT THE CONDITIONS ABOVE INDICATED