Terms and Conditions

Introduction

1.1 We are Jade E-Services South Africa Proprietary Limited with, 

Registration number: 2011/128056/07, 

Our physical address is: 

1st Floor 

97 Durham Avenue
 
 Salt River 7925,
Cape Town, South Africa,
 
 trading as Jumia on the website www.jumia.co.za (the “Site”) and its subsidiaries, associates and officers unless otherwise stated.

1.2 These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.

1.3 In these Terms and Conditions:

1.3.1 Definitions:
a) "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site; 

b) "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa; 

c) "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below; 

d) "Customer" means individual who places an Order on the Site; 
e) "Order" means the order submitted by you to the Site to purchase a Product from us; 

f) "You" means the Customer who places an Order; 

g) “We” means Jade E-Services South Africa (Pty) Ltd t/a Jumia, as described above;

  1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;

1.3.3 Words imparting the singular shall include the plural and vice versa.

1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;

1.3.5 References to "includes" or "including" or like words or expressions shall mean without limitation.

These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.

1.3.6 References to "clauses" are to clauses of these Terms and Conditions;


2. Your Status
To place an order with Jumia you must be 18 years or older.

3. Effect
3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with Jumia for the sale and/or supply of Products by Third Party Vendors. When you submit an Order to Jumia, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that products you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at Jumia.

4. Third Party Vendors
4.1 Jumia provides a platform for international Third Party Vendors to sell their Products to you. While Jumia facilitates the transaction, Jumia is neither the buyer nor the seller of these Products unless otherwise specified.

4.2 A Sale is formed between you and the Third Party Vendor, on acceptance of your order (in accordance with clause “How a Contract is formed” below).

4.3 Jumia can provide you with an invoice on behalf of international Third Party Vendors.

4.4 Jumia shall handle any returns under the Consumer Protection Act (“CPA”) or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by you in accordance with Jumia’s own Returns Policy. Should such claim escalate into being a dispute, although Jumia is entitled to become involved in an attempt to resolve it, Jumia is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Vendor.

5. How a Contract is formed
5.1 When placing an Order, you must register for an Account on the Site or on Facebook, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.

5.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa.

5.3 Jumia relies on information supplied to it by Third Party Vendors. Jumia accordingly bears no liability for any inaccuracies in the information supplied to it. Any dispute about the availability of Products should be settled between you and the Third Party Vendor.

5.4 Credit Card payments and Bank Transfers (EFT) are the available payment methods on Jumia.co.za. In the case of EFT payments, please ensure your order number is used as your reference so we can accurately match your payment to your order.

5.5 You undertake that all details you provide to Jumia for the purpose of purchasing the Product from us will be correct, that the credit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.

5.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.

5.7 Your Order remains valid as an offer until we deliver the Products to you.

5.8 NOTE: Jumia will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and the Third Party Vendor come into effect. This is regardless of any communication from Jumia stating that your Order or payment has been confirmed. Jumia will indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.9 A Confirmation of Order email is for informational purposes only and should not be construed as the moment of agreement of sale. In that Confirmation of Order email, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or the Third Party Vendor may offer you an alternative Product (in which case we may require you to re-submit your Order first).

5.10 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by Jumia as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.

5.11 Products placed in your cart can not be reserved to be bought at a later stage. Placing a Product/s in your cart without completing the sale at checkout does not amount to a “sale”. This means that Jumia may remove any Product(s) from your cart before the sale actually takes place, in the event of the product going out of stock. Jumia cannot be held responsible if the Product(s) you added to your cart have become unavailable when you try to complete the purchase.

6. International Shipping and Delivery
6.1 When you purchase a Jumia Product, you purchase the Product from an international Third Party Vendor.

6.2 Jumia and it’s service providers will handle customs clearance.

6.3 Customs and International Shipping fees shall be included in the Price displayed to you and you will not be asked to pay more for customs.

6.4 Although International Shipping fees are included in the checkout Price, you shall be charged R59 as a local delivery fee per sale

6.5 Delivery of Product/s may take between 15- 20 working days. This timeline will be displayed on the relevant Product page.

6.6 Jumia cannot be held responsible for delayed deliveries caused by any problems which may arise due to the importation of goods. This includes, but is not limited to, suppliers who delaying orders, customs detaining shipments, acts of God, SARS inspections, customs inspections, Port Health inspections or freight delays.

6.7 We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address, no PO Box addresses are allowed.

6.8 We shall aim to let you know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

6.9 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.

6.10 Please note that it might not be possible for us to deliver to some locations. If this is the case, We will inform you using the contact details that you provide to Jumia when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

6.11 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.

6.12 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.

6.13 You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.

6.14 If you are not available to take delivery or collection, We may leave a card giving you instructions on either re-delivery or collection from the carrier.

6.15 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or 

b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to Jumia under the applicable Contract, less our reasonable administration charges

6.16 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

7. Cancellation
7.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Third Party Vendor, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.

7.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and Jumia.

8. Cancellation by Customer (Non-Faulty Product)
You cannot cancel an Sale once ordered.

9. Returns
9.1 Jumia Products are eligible for returns, however you shall be responsible for the cost of returning the Product to Jumia’s Warehouse.

9.2 You have 7 days to return a Product

9.3 A R59 return fee will be charged by Jumia for processing a return to Third Party Vendor.

10. Faulty Products
10.1 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.


10.2 If you would like Jumia to replace (if reasonably possible eg. if product is still available or could easily be obtained by Jumia) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or 
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or 
c) been dealt with or used contrary to Jumia or the manufacturer's instructions for the Product; or 
d) deteriorated through normal wear and tear, after delivery by Jumia, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at Jumia's current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

10.3 Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.

11. Limitation of Liability
11.1 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communication from Jumia is accurate, however, should any inaccurate information be published by Jumia (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.

11.2 We cannot accept liability, to the full extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Site or the purchase of any of Third Party Vendor Products. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products or services.

12. Security
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Jumia suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

a) be used for your personal use only; and

b) not be disclosed to any third party.


You allow JUMIA to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. JUMIA'S registration documents and the Site's registered domain name are checked and verified by DigiCert.

13. Data protection
Please see our Privacy Policy, which forms part of these Terms and Conditions.

14. Circumstances beyond our control (force majeur clause)
14.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

14.2 Either you or Jumia may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor Jumia shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).


15. Notices
15.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in these Terms and Conditions.

15.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.

16. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 18 of these Terms and Conditions, you and Jumia submit to the jurisdiction of the South African courts.

17. Address for Notices
Jumia chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO BOX 13829, Mowbray, 7705, with a copy to legal@Jumia.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to Jumia).

18. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.

19. General
19.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Jumia from time to time, for so long as the Site exists and is operational, Jumia being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by Jumia). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.

19.2 No failure or delay, by Jumia or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Jumia's, or your rights under these Terms and Conditions or a Contract.

19.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.

19.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.

19.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

19.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

19.7 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in Jumia and all rights not expressly granted are reserved.

19.8 When you visit the Site or send e-mails to Jumia, you consent to receiving communications from Jumia electronically and agree that all agreements, notices, disclosures and other communications sent by Jumia satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.

19.9 These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.

20. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.

21. Disclaimer
Save for Jumia being liable to you “
a) under the Consumer Protection Act 68 of 2008 in relation to any products sold by Jumia to you via the Site; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to Jumia's payment systems not being sufficiently secure;

Neither Jumia nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site. Furthermore, Jumia makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to customer@Jumia.co.za

Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Jumia and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

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