General terms and conditions of sales
RwandaMart is an initiative of the Government of Rwanda (MINICOM) to enable the future of E-commerce in the country. The platform is currently being piloted, with technical assistance from GIZ, and with temporary operational and administrative support by the E-Commerce Centre CBC and Sawa Citi Limited
Sawa Citi Ltd is a Limited Liability Company registered in the Republic of Rwanda under RDB Registration number 109075404 , having its registered office at Avenue des Poids Lourds, at KN 7 Rd, Nyarugenge District, Muhima Sector, Ubumwe Cell in Insangano Village, City of Kigali, Rwanda. Sawa Citi operates the Website, inclusive of its services (“Services”) or applications or application plug-ins (“Applications”): www.rwandamart.com (the “Website”) and all of its subdomains.
By using the Website, You agree to follow and be bound by these General Terms and Conditions of Sales (the “Terms of Sales”) and agree to comply with all applicable laws and regulations. You agree that by using the Website, You are at least 18 years of age or older and You are legally able to enter into a contract. If you are under 18, you may use the Website only with involvement of a parent or guardian. These Terms of Sales always apply when You use Our Website or place an order through Our Website, and they contain important information for You as a Customer. Please read them carefully. We also recommend that You save or print these Terms of Sales so that You can consult them at a later time.
Article 1. Understanding the terms of sales
1.1. In this policy, when we refer to “We“, ”Us”, “Our” or “Ours”, we mean Sawa Citi Ltd.; and when we refer to “You”, “Your”, “Yours” or “Yourself” We mean You, the person or the company accessing or using (“User”) the Website; and together hereinafter referred to as “Parties”.
1.2. When using the term referred to as “Customer”, we mean the natural person (“Natural customer”) or corporation (“Legal customer”) who enters into an agreement with Us and/or is registered on the Website. Natural Customer shall mean one who has its own legal personality that is an individual human being, as opposed to a Legal customer. Legal customer shall mean a legal entity that is acting in a professional or commercial capacity.
1.3. Agreement shall mean any arrangement or agreement between Us and You of which the General Terms and Conditions of Sales are an integral part.
1.4. The term “written” in these Terms of Sales also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Article 2. Application and Acceptance of these Terms and conditions of sales
2.1. These Terms of Sales apply to all Our offers, agreements and deliveries, unless explicitly agreed otherwise in writing.
2.2. If You in Your order, confirmation or any other communication alleging acceptance of the Terms of Sales include any provisions that differ from, or are not included in the Terms of Sales, such provisions will only be binding upon Us if and in so far as We have accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions of sales apply in addition to these general Terms of Sales, You can always invoke the applicable condition that is most favorable to You in the event of incompatible general terms and conditions of sales.
2.4. It is Your responsibility to review these Terms of Sales periodically. If at any time You find these Terms of Sales unacceptable or if You do not agree to these Terms of Sales, please do not use this Website. We may revise these Terms of Sales at any time without notice to You. If You have any questions about these Terms of Sales, please contact Us using Our contact form indicated below.
These Terms of Sales are compliant with Code of Conduct of Safe.Shop available here.
Article 3. Prices and information
3.1. We are clear and transparent on Our offer and the price You must pay for Our services or Our products before You enter the order process. We will not charge You for additional services or products unless You explicitly agree with these additional services or products.
3.2. Before concluding the transaction, You will see the final price including an estimate of all taxes, custom costs, delivery costs and other surcharges. If the final price cannot include all costs to be paid by You, it is explicitly stated which costs are not included next to the final price with a link to a page where these costs can be determined.
3.3. The content of the Website is composed with the greatest care. We cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Us are subject to obvious programming and typing errors.
3.4. We cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
3.5. We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of any service is accurate, complete, reliable, current, or error-free. If a product offered by Us itself is not as described, Your sole remedy is to return it in unused condition.
Article 4. Conclusion of the Agreement
4.1. We take care to have a transparent, accessible and easy order process that provides You with the possibility to check Your order and eventually correct it before You conclude the order. Before You conclude the transaction, we will provide clear and transparent information on Your legal rights and obligations. We always will confirm Your order and give You information on Your order and progress.
4.2. The agreement will be deemed to be concluded at the moment You accept the offer of the Website subject to the conditions laid down by Us.
4.3. If You have accepted the offer by electronic means, We will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, You will have the possibility to terminate the Agreement.
4.4. If it is found that, in accepting or otherwise entering into the Agreement, You have provided incorrect data, We will have the right to postpone the Agreement until the correct data are received.
4.5. Parties other than Us, provide services or software, or sell product lines through Our Services. In addition, we provide links to the websites of affiliated companies and certain other businesses. If You purchase any of the products or services offered by these businesses or individuals, You are purchasing directly from those third parties, not from Us. We are not responsible for examining or evaluating, and We do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Article 5. Registration
5.1. To make optimal use of the Website, You can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, You will be asked to choose a user name and password with which You can log on to the Website. You alone are responsible for choosing a sufficiently reliable password.
5.3. You must keep Your login credentials, user name and password strictly confidential. We cannot be held liable for any misuse of the login credentials and are always entitled to assume that person or entity who logs on to the Website is the party that it professes to be. You are responsible for and bear the full risk of any and all actions and transactions performed via Your account.
5.4. If You know or have reason to suspect that Your login details have become available to unauthorized parties, it will be required to change Your password as soon as possible and/or to notify Us accordingly, by using the contact information provided below, so as to allow Us to take appropriate measures
Article 6. Execution of the Agreement
6.1. We make sure that the essential characteristics of the products and services are adequately described. The products will be delivered to You based on the description and the product photo. If You buy a specific brand, We will deliver that specific brand. We do not sell fake and counterfeit products. If a product infringes on the intellectual property rights of third parties, You may return the product at Our expense and You will receive a full refund.
6.2. As soon as We have received the order, We will send the products to You without delay and with due regard for the provisions of paragraph 3 of this article.
6.3. We are authorized to engage third parties in the fulfilment of their obligations under the Agreement.
6.4. We will deliver at the place and time as specified in the order with You. If We are unable to deliver as promised we will inform You as soon as possible. If we are unable to deliver the product within seven working days after the promised delivery time You have the right to cancel the order and return the product at Our expense.
6.5. In principle, the delivery term is XX days for delivery within Rwanda and XX days for delivery outside Rwanda. Delivery may be effected in various ways, at Our discretion.
6.6. If We are unable to deliver the products within the agreed term, We will notify You accordingly. In that case You can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
6.7. We advise You to inspect the products upon delivery and to report any defects within an appropriate period, by email or using the contact information below. For further details, see the article about guarantee and conformity.
6.8. The risks associated with the products will transfer to You as soon as the products are delivered at the agreed delivery address.
Article 7. Right of withdrawal/return for Natural customers
This article only applies if You are a Natural customer.
7.1. This article only applies if You are a Natural customer. Legal customers therefore have no right of withdrawal.
7.2. We allow You to return products within a 14-day term after delivery without having to give a reason. Only a few kinds of products can be exempted from return (see provision 11 of this article). If We chose to exempt these products, we will clearly state so before the transaction is concluded. We will reimburse all payments received by You (including shipping costs to You) within a 14 day-term after the goods have been received back or You have supplied Us with evidence of having sent back the goods, whichever is earliest.
7.3. The term commences on the day after You receive the product, or a third party You designated, who is not the transporting party, or:
• If the delivery of a product involves different deliveries or parts: the day on which You, or a third party designated by You, received the last delivery or the last part;
• With contracts for the regular delivery of products during a given period: the day on which You, or a third party designated by You, received the last product;
• If You have ordered several products: the day on which You, or a third party designated by You, received the last product.
7.4. The shipping costs of returning the goods are at Your own charge. Likewise, if You return part of the order, we do not have to refund the shipping cost of sending You the product. If technically possible, We will return the payments via the same payment method through which We have received payment.
7.5. During the withdrawal period referred to in provision 2 of this article, You will treat the product and its packaging with the utmost care. You may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
7.6. You are only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
7.7. You can terminate the Agreement in accordance with provision 2 of this article by reporting the withdrawal (digital or in other form) to Us, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If We make it possible for You to declare Your withdrawal via electronic/digital means, then after receiving such a declaration, We send immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in provision 2 of this article, You shall return the product, or hand it over to Us (a representative of). You can send the product directly to Us without a notice of withdrawal in advance within the period as mentioned in provision 2 of this article. You must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the addresses available at this link.
7.9. Any amounts already paid by You (in advance) will be refunded to You as soon as possible, and in any case within 0 after dissolution of the Agreement. If You chose an expensive method of delivery in preference to the cheapest standard delivery, We do not have to refund the additional costs of the more expensive method except in cases in which We have offered to retrieve the product Ourselves, We can postpone refunding until We have received the product or until You prove You have returned the product, depending on which occurs earlier.
7.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
7.11. The right of withdrawal does not apply to:
• Products that We have created in accordance with the Your specifications;
• Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
• The delivery of digital content other than on a material medium, but only if the delivery commenced with Your explicit prior agreement, and You declared that this implied You having lost Your right of withdrawal;
• Products that are perishable or subject to obsolescence;
• Separate copies of newspapers and magazines;
• Audio and video recordings and computer software whose seal You have broken.
Article 8. Right of withdrawal for Legal customers
This article only applies if You are a Legal customer.
8.1. The previous article on the right of withdrawal shall correspondingly apply to business orders, except that:
• You must dissolve the Agreement with Us within 14 days after receipt of the product.
• After We receive Your returned goods , only the purchase price will be refunded to You. You are responsible for returning the products and bear the costs in respect thereof. You must return the product to Us unused and in undamaged packaging. If You do not comply with the foregoing, We are entitled to refuse a return or may charge the expenses for repair or damages. As soon as possible, but in any event within 30 days after dissolution of the Agreement and receipt of returns by Us, any (advance) payments You made will be refunded.
Article 9. Payment
9.1. The Website offers You a range of widely accepted and safe payment methods. At least one payment method offers You the option to recover Your payment without Our consent or offers You the option to pay after the goods have been received.
9.2. You shall pay the amounts due to Us in accordance with the ordering procedure and any payment methods indicated on the Website. We are free to offer any payment method of Our choice and may change these methods at any time. In cases of payment after delivery You will be given a term of payment of 14 days entering on the day after delivery.
9.3. If You do not complete Your payment obligation, You will be indebted the legal interest over the belated payment. We need to remind You of the belated payment and We have to give You a term of 14 days to complete the payment obligation. After failing this 14-day term We are allowed to recover any extrajudicial debt collection costs on You. These debt collection costs are not higher than: 15% of the open payment with a maximum of USD 2 500 (or RWF 2 500 000 or EUR 2 5 00); 10% of the next USD 2 500 (or RWF 2 500 000 or EUR 2 5 00); and 5% over the next USD 5 000 (or RWF 5 000 000 or EUR 5 000), with a minimum of USD 50 (or RWF 50 000 or EUR 50). We are allowed to deviate from the named amounts and percentages in Your advantages.
9.4. We generally do not charge Your credit card until after Your order has entered the shipping process or, for digital products, until we make the digital product available to You.
Article 10. Warranty and conformity for Natural customers
This article only applies if You are a Natural customer who is not acting in Your professional or commercial capacity.
10.1. If We give a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of customers.
10.2. We guarantee that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, We also guarantee that the product is suitable for other than normal use.
10.3. If the delivered product is not in conformity with the Agreement, You must inform Us within 14 days after You have received the product.
10.4. If We deem the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with You. The maximum amount of compensation is, having regard to the article on liability, equal to the price You paid for the product.
Article 11. Warranty on business purchases for Legal customers
This article only applies if You are a Legal customer.
11.1. We guarantee that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, We also guarantee that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use. Additionally, We give a 1 year warranty for all purchases.
11.2. If the delivered product is not in conformity with the Agreement, You must inform Us within a maximum period of 14 days after delivery. Should You fail to do so, then the You are no longer entitled to have the product repaired, replaced or (partially) refunded.
11.3. If We deem the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with You.
Article 12. Complaints handling procedure
12.1. If You have any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Our service, You can submit a complaint by using the contact information provided below.
12.2. We will respond to the complaint as soon as possible, and in any case within 3 days after having received it. If it is not yet possible for Us to formulate a substantive reaction to the complaint by that time, We will confirm receipt of the complaint within 3 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Your complaint.
12.3. If You are a Natural customer who is not acting in Your professional or commercial capacity, You can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 13. Liability
This article only applies if You are a Natural customer or a Legal customer.
13.1. Our total liability in respect of consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Product (including VAT) and the return cost. Under no circumstances will the total compensation for direct damage or loss exceed € 10.
13.2. Our liability in respect of consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
13.3. Aside from the cases referred to in the two previous paragraphs of this Article, We are not subject to any liability at all in respect of consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on Our part.
13.4. We will only be liable to You on account of an attributable failure in the performance of an agreement if You issue a proper notice of default to Us without delay stipulating a reasonable period of time in which to remedy the failure, and We also continue to fail to perform Our obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Us to provide an adequate response.
13.5. Any event giving right to compensation is always subject to the condition that You report the damage or loss in writing to Us as soon as possible, but no later than within 30 days after the damage or loss has arisen.
13.6. In the event of force majeure We are not liable to pay compensation for any damage or loss You have incurred as a result.
Article 14. Retention of title for a Legal customer
This article only applies if You are a Legal customer.
14.1. As long as You have not made any full payment on the total amount agreed We will retain ownership of all the goods delivered (including possible debt collection costs and interest).
14.2. Before the transfer of ownership, You are not authorized to, other than corresponding to Your normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Your are not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
14.3. You are obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as Our property.
14.4. We are entitled to withdraw any goods delivered under reservation of ownership and in Your possession, if You have neglected to pay the invoices or has been confronted with payment difficulties.
14.5. You shall give Us access to the goods at any time to inspect and/or to exercise Our rights.
Article 15. Risk of loss
15.1. All purchases of physical items made on Our Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier.
Article 16. Personal details
Article 17. Modification of Our Terms of Sales
17.1. We reserve the right to make changes to Our Terms of Sales at any time. If any of these Terms of Sales shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Article 18. Final provisions
18.1. This Agreement is governed by the laws of Rwanda. By using the Website and any of its Services or Application, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Rwanda, without regard to principles of conflict of laws, will govern these Terms of Sales and any dispute of any sort that might arise between You and Us.
18.2. Your consumer laws apply. We shall comply with the applicable laws and regulations of the country from which You conclude the transaction. The Consumer laws and regulations of Your country supersede those of the Code of Conduct of Safe.Shop and the rules of the country from which we sell. The Code of Conduct of Safe.Shop again supersedes the rules of Our own terms & conditions.
18.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Rwandan court in the district where We have Our registered office.
18.3. If any provision set out in these Terms of Sales should prove to be void, this will not affect the validity of these Terms of Sales as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
The term “written” in these Terms of Sales also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Article 19. Contact information
Questions about these Terms of Sales should be sent to Us by using Our contact form available at this link and choosing the subject “Terms of sales”.
Article 20. Our address
Sawa Citi Limited
E-Commerce Center (ECC), Avenue des Poids Lourds, KN 7 Rd, Kigali, Rwanda.