Terms & Conditions
Terms & Conditions
Duaba Afro Foods, having its physical store at 5 Cameron Terrace, South Tottenham, N15 4FG (hereinafter also referred to as “Company”, “we”, “our” or “us”) operates www.duaba-afrofood.co.uk and any related mobile or software applications (“Website”) and provides doorstep food and grocery delivery services through website and mobile application. (“Services”).
These Terms and Conditions (“Terms”) govern the Products and use of the Services provided by Duaba Afro Foods. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.
Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.
If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.
AGREEMENT TO TERMS
These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms. These Terms are effective for all existing and future Duaba Afro Foods customers. By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
The terms ‘visitor(s)’, ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
GENERAL TERMS
Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. We reserve the right to refuse orders including those we consider to be for commercial or non-domestic purposes. We will not supply or deliver to shipping agents or to agents who sell our goods to third parties. Where products are used for non-domestic purposes we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
We provide our services to UK residents only. We offer delivery to the whole of UK residential addresses, we neither deliver goods outside the UK non make any warranty that the goods are suitable for use outside the UK. We do not supply or deliver to shipping agents or to agents who sell our goods to third parties. The goods are provided as compliant with technical, safety, labelling and other legal requirements in the UK.
Food goods are supplied at the temperature appropriate to that food. Goods will be delivered in good condition and we cannot accept responsibility where they have been inappropriately stored or handled following delivery to a UK address
Some customers may choose to add items to their shopping basket. Once your Groceries are added to your shopping basket. It is the responsibility of customers who use this service to check their online basket to ensure the correct items have been added. All orders must be checked out before delivery
REGISTRATION, ACCOUNTS, AND PASSWORDS
A User is required to create an account by using an email and password and providing the necessary details about the User in order to be eligible to use our Services.
User(s) are responsible for the personal protection and security of any password or email you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your email or password.
You are obligated to immediately report a lost or stolen password or email to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately.
We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.
ELIGIBILITY CONDITIONS
In order to use the Website, You need to be 18 (eighteen) years of age or older. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws.
Duaba Afro Foods shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.
Duaba Afro Foods disclaims all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are a minor.
EMAIL COMMUNICATION
By purchasing on the Website or otherwise creating an account on the Website, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.
Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
MULTIPLE AND BULK ITEMS
Orders for more than 12 units of a single product line may be fulfilled subject to availability and at the discretion of the store. Quantities of goods supplied per order may be limited if the order limits availability for other customers or creates a potential health and safety issue for our drivers.
Due to concerns regarding the health and safety of our delivery drivers, we reserve the right to limit orders of certain bulky items, such as bottled water.
PRICES AND PAYMENT
The prices shown on this Website at the time of ordering are guide prices. The prices you will be charged for goods will be the actual prices displayed in the store at which your goods are selected on the day of delivery, including any promotional offers if applicable. You accept that prices of goods may, therefore, increase or decrease between the day of ordering and the day of delivery. The weight of some goods may vary marginally from that ordered and the price may change to reflect actual weight – if it weighs a little less you pay a little less and if it weighs a little more you pay a little more.
DELIVERY TERMS
We deliver to the UK address specified by you when you check out your product delivery order. If you amend delivery details at checkout you will need to re-book the order. You may subsequently amend delivery details via ‘my account’.
We reserve the right to restrict or refuse delivery requests in certain areas at any time and without notice. You or someone aged 18 or over on your behalf must be available to receive and inspect the delivery. Under no circumstances will goods be left unattended.
For more information, please refer to our Food Delivery policy.
ORDER CANCELLATION
As a user, you may cancel an order placed by you before the order enters the “billed” stage. For any permitted cancellations, we will initiate a refund, if any, made by you under the relevant order within approximately 48-72 hours.
Orders may be cancelled by the Company in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms of Use/User Agreement, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of the Company, including causes for delivery-related logistical difficulties. For such cancellations, the Company will initiate a refund, if any, made by you under the relevant order within 72 hours.
We maintain a list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.
RETURNS & REFUNDS
The Company will accept the return of Products only in case the same is damaged, not fit to consume or incorrectly delivered within (twenty-four) 24 hours from the date of delivery of the order and after the expiry of the following timelines, no returns will be accepted by the Company.
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 7-10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If you haven’t received a refund yet, first recheck your bank account, Then contact your credit card company or bank, as processing times may vary and it may take some time before your refund is officially posted to your account.
If more than 20 business days have passed since we approved your return, you’ve done everything mentioned above and you still have not received your refund yet. Please “Contact Us” at the contact details mentioned in the below-mentioned clause.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Website is at your own risk.
Although we take all reasonable care to ensure that the product and additional nutritional information appearing on the Website are correct at the time when the information was inputted into the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe.
You should always read the product label to ensure you are following the most up-to-date information. This is especially important if you have an allergy or intolerance. Allergen information can be found highlighted in the ingredients list on the back of the pack.
You should always read the product label to ensure you are following the most up-to-date information. This is especially important if you have an allergy or intolerance. Allergen information can be found highlighted in the ingredients list on the back of the pack.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
MODIFICATIONS TO THE SERVICE AND PRICES
The Company aims to ensure that the prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
PRIVACY AND USAGE OF COOKIES
Duaba Afro Foods will not intentionally disclose any personally identifying information about you to third parties, except where Duaba Afro Foods, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of Duaba Afro Foods’s Privacy Policy
Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime
Please refer to our Privacy Policy and Cookies Policy.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.
All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.
The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.
You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
WEBSITE SECURITY
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
As a user of this website you undertake:
1. Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;
2. Not use our website to copy,
store, host, transmit, send,
use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
4. Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
5. Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
6. Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
7. Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
8. to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.
Duaba Afro Foods is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
INDEMNIFICATION
You understand and agree that you are personally responsible for your behaviour on the Website. You agree to indemnify, defend and hold Company harmless from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of these Terms.
NO WARRANTY
You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion
We do not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error-free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and our server(s) are free of viruses or other harmful components.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use).
No advice or information, whether oral or written, obtained by you from us or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that we have no obligation to support or maintain the Services.
We disclaim any and all liability or responsibility in relation to the Website Content made available through the Services, including but not limited to the Content uploaded by users or the third-party content (feedback or comments) and services. We are not responsible or liable in any manner for the third-party content and services associated with or utilised in connection with the Services, including the failure of such third-party content and services, including but not limited to the content and/or services of our Business Partners.
We maintain and shall have the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website and/or the Services, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Services (or any part thereof) on any particular device or communications service. We have no obligation to provide you and/or the Business Partners with notice of any such changes, and we are further under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website and/or the Services.
GOVERNING LAW AND JURISDICTION
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of the United Kingdom (UK) and shall have exclusive jurisdiction over any dispute arising under this Agreement.
NOTICES
Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
LEGAL DISPUTES
If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause. We agree to consider resolving the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation in accordance with the Laws of the United Kingdom (UK).
The Place for alternative dispute resolution is in the United Kingdom (UK).
REMOVAL OF DOUBTS
Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.
MISCELLANEOUS
Severability – The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.”
Entire Agreement – The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Waiver – If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Amendments – Notwithstanding anything contained hereinbefore, Duaba Afro Foods may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended.
Force Majeure – No one shall be liable for any delay or failure in performance due to events outside the defaulting Party’s reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.
TERMINATION OF ACCOUNT
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
CONTACT US
After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email to [email protected] by adding the word “Terms” in the subject line.