Terms for Sale and Purchase
Terms and Conditions for Sale and Purchase
1. In these terms and conditions of Sale and Purchase (hereinafter collectively referred to as ‘conditions’):
1.1 ‘contract’ means any contracts made between Hijuka and You for the sale and or purchase of products from zijuka.com (The Platform).
1.2 ‘Order’ means the products which Buyer (You) have selected to purchase (in the shopping cart) or submitted to be sold in the Seller’s (your) online page or basket at www.Zijuka.com (The Platform.)
1.3 ‘Parties’ mean Hijuka and you (Seller or Buyer).
1.4 ‘Products’ mean any product, article, and/or item that Hijuka carries directly on The Platform or through any participating stores, Sellers, or manufacturers for sale.
1.5 ‘Platform’ means www.Zijuka.com or registered variations to the name and registered extensions of the aforesaid domain name, either on the web, mobile app, or mobile web.
1.6 ‘Completion of Transaction’ shall mean the product has been delivered and accepted by the Buyer.
1.6 In these conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, revised, extended, re-enacted, or replaced.
1.7 In these conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.8 In these Conditions headings will not affect the meaning or the construction of these conditions.
1.9 You agree that e-mail, SMS, MMS, Text Messages, and written letters can and will be used as an acceptable and main means of communication.
2.0 Order Placement
2.1 By placing an order a Buyer is offering to purchase a product on www.Zijuka.com (The Platform) and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
2.2 In order for a Seller to contract with Hijuka you must be registered to do business by the appropriate government authorities in the state of domicile in the USA or any other country. If in Nigeria, you must be registered by the equivalent Corporate Affairs Commission (CAC) in the country.
Hijuka retains the right to refuse any request made by a Buyer. If the order is accepted, we will inform you (the Buyer and Seller) by email and we may confirm the identity of the Seller to the Buyer.
2.3 When placing an order, a Buyer undertakes that all details provided to us shall be true and accurate, that the Buyer is an authorized user or has been permitted by the owner of the credit or debit card used to place the order, and that there are sufficient funds to cover the cost of the goods.
2.4 When a Buyer places an order and completes payment with a valid credit card or through bank transfer, the Buyer will receive an acknowledgment e-mail from us. That email will be an acknowledgment and will not constitute acceptance of their order. A contract between us and the Buyer will not be formed until we send a confirmation by e-mail that the goods which were ordered have been dispatched by the Seller with details of delivery (when and by whom). Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
2.6 Upon receiving the order we or our collection agent shall carry out a standard authorization check on the Buyer’s payment card to ensure there are enough funds to fulfill the transaction. The card will be debited upon authorization being received. The monies received upon the debiting of the card shall be treated as a deposit against the value of the goods they wish to purchase. Once the goods have been despatched and a confirmation email has been sent to the Buyer by us, the monies paid as a deposit shall be used as consideration for the value of goods purchased as listed in the confirmation email.
3.0 Terms of acceptance
3.1 The order will not be accepted until we have received the authorization of the credit card or bank transfer payment or any other acceptable payment authorization method. We reserve the right not to accept any order from a Buyer.
3.2 The parties agree that the contracts (rights of third parties) act 1999 shall not apply in this Agreement.
If an error is discovered in the price of the products that a Buyer has ordered, Hijuka will contact the Buyer to communicate the correct price and ask whether the Buyer still wishes the Seller to fulfill the order at the correct price. Hijuka shall give the Buyer the option of confirming the order at the correct price or if the Buyer so chooses, to cancel the order out rightly.
3.3 Where a Buyer cancels an order for which payment has been made and fulfillment has not been executed by the Seller, Hijuka will refund the full amount to the Buyer.
3.4 Where the Buyer cancels the order for which payment has been made and fulfillment has been effected, the Hijuka Returns policy shall apply as in clause 10 below.
3.5 Hijuka will do its best to correct errors and omissions as quickly as practicable after being notified of them by either Buyer or Seller. It is, however, the Seller’s full responsibility to ensure that correct product information, description, and pricing are published.
3.6 Hijuka does not store credit card details nor do we share customer details with third parties. The Buyer will undertake that all details they provide for the purpose of processing the purchase of products are correct, that the credit or debit card they are using is their own or that they have the approval of the true owner to use such, and that there are sufficient funds to cover the cost of the products being purchased.
4.0 Price and payment
4.1 Subject to clause 2.4, the price of the ordered products shall be as set out on The Platform. The final price shall generally include Seller’s price, plus other costs including but not limited to packing, delivery, Service charge, Tax, and value-added tax (if applicable). Unless otherwise agreed by Hijuka, all payments and transactions shall be in US dollars.
4.2 You agree that for products or orders being satisfied from or orders placed from outside the USA, final payments will also include shipping, customs and excise, and other regulatory-related charges, where applicable, depending on country specifics and nature of products.
4.3 All payments shall be made by credit or debit card or bank transfers. Cash shall not be accepted for any payment.
4.4 Payment for the products by the Buyer shall be deemed to have been received by Hijuka or Hijuka agent, such as the payment collector only upon receipt of cleared funds.
4.5a Hijuka shall remit product owner’s (Seller, store, or manufacturer) fund within seven working days of confirmation of fund clearance and Completion of Transaction (i.e., where product delivery to customer and acceptance by the customer have taken place) on a two-weekly cycle basis. Typically, this should take place within seven days for cases where both Buyer and Seller or store are within the USA.
4.5 b. For cases, where an order is placed from outside the USA and orders are fulfilled by a store or Seller from a country different than the country of order placement (i.e., either Seller and Buyer are outside the USA, or Seller or Buyer is outside the USA) completion of the transaction may take 15 to 21 days, in which case, product owner’s (Seller’s or store’s) fund will be remitted within seven days of a completed transaction. Payments will be remitted every two weeks.
4.6 Hijuka reserves the right to adjust the pricing of products for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, Seller, store, or manufacturer price changes, supplier price changes, and errors in advertisements or price posting on the Platform, market forces, and competition, etc.
4.8 The Platform uses Stripe as an integrator and Payment Gateway and a combination of a Merchant bank (e.g., Wells Fargo Bank) and as a Payment Gateway, such as Authorize.net, to process payments, offering you the highest level of encryption or security possible. This means that communications between the Buyer’s browser and our payment pages are private and secure.
5.1Hijuka and its Sellers shall aim to fulfill all ‘in stock’ items using third-party delivery agents or Carriers within one working day of receiving advice of a confirmed order and fund clearance for Orders to be fulfilled from within the USA. For Orders from Original Sellers and Manufacturers outside the USA, fulfillment shall be within 48 hours of all in-stock items. For details of the Shipment, refer to the General Terms and Conditions and the Shipping Policy. Shipment of orders may be delayed if the item is not in stock. Some items may be unavailable and the current stock status is only approximate.
5.2 Unless a longer delivery date is agreed between the parties such as in the case of wholesale purchase and where the Seller is outside the USA, for orders within the USA and where the Seller is also within the USA, if Seller fails to despatch any ordered products within 72 hours of fund clearance and acceptance of the order, Hijuka shall refund in full Buyer’s payment in respect of such products or orders.
5.3 Buyer agrees that risk of loss or damage of products passes to Buyer upon delivery of the products or on the date of the first attempted delivery by the Hijuka delivery agent.
5.4 Buyer agrees that the order may be satisfied in more than one batch or installment depending on the nature and availability of the products and the number of stores, Sellers, or manufacturers needed to satisfy the Order. Product delivery is part of the Buyer’s cost.
5.5 If the Buyer’s nominated delivery address is within the USA, it is anticipated that the Order will be delivered within 96hrs of confirmed order if the Seller is within the USA.
5.6 If the delivery address is outside the United States of America, the Buyer agrees that the cost of delivery will vary from the cost of local delivery. Additionally, the Buyer agrees that the order will be subject to import duties and taxes, which may be levied upon a shipment reaching the designated country. Any such additional charges for customs clearance shall be borne by the Buyer. The Buyer should note that customs policies vary widely from country to country. The Buyer is advised to contact the applicable local customs office for further information.
5.7 Buyer agrees that when shipping products internationally, that cross-border shipment is subject to opening and inspection by customs and other regulatory authorities, which may affect the integrity of delivered products. Any associated risk due to regulatory agencies or customs action shall be outside Hijuka’s control.
5.8 In case of wholesale purchase, if the Seller is outside the USA, the Buyer agrees that the delivery arrangements include but are not limited to (delivery cost, customs, and other regulatory agencies inspections, excise duty, delivery date, etc.) of the ordered product may be agreed on a case by case basis.
5.9 For Christmas and other holidays and festive seasons deliveries, Hijuka recommends that the Buyer orders well ahead of time. The Seller agrees to endeavor to despatch all ‘in stock’ orders within 24 hours of order placement and payment confirmation. Hijuka cannot guarantee delivery on or before the eve of a festive date, e.g., Christmas; as delivery may be delayed in certain areas due to the holiday season.
5.10 You agree that delivery in some areas may be affected seasonally by adverse weather conditions, in which case, the delivery may be delayed. Hijuka will do its utmost best working with the Seller and delivery agents to ensure timely delivery as practicable and safe.
6.0 Loss and damage
6.1 The Seller warrants that, at the time of despatch and fulfillment, the products will, subject as hereinafter provided, correspond with the description on The Platform or Seller’s catalog (as the case may be). The products will be free from defects in materials and workmanship and will be of satisfactory quality at the time of despatch to the delivery agent and delivery to the Buyer. All other warranties are excluded to the fullest extent permitted by law.
6.2 The Buyer agrees that any claim that any delivered products or orders failed to correspond with the description on The Platform or that they are defective or not of satisfactory quality, must be notified to Hijuka by email at [info@Zijuka.com] within 24 hours of delivery. The e-mail shall describe in full detail the condition and exact defects of the product(s) or order.
6.3 The Buyer agrees that if delivery is not refused, or Hijuka is not notified accordingly as per 6.2 above, Hijuka, the Seller, and delivery agent shall have no liability for such failure or defect.
6.4 If Buyer makes a valid claim under paragraphs 6.1 and/or 6.2, and the defective product or order is received within 96 hours of notification of defect, for orders originating from the USA and Sellers in the USA, the Seller shall replace the products in question free of charge or, at Buyer’s option, Hijuka or the Seller as applicable shall refund in full Buyer's payment in respect of such products or order. The case where either the order and or Seller are from outside the USA will be handled on a case by case basis in accordance with our Return and Refund policies.
7.0 Limitation of liability
7.1 The material displayed on the Platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Hijuka and its suppliers, Sellers, Stores, content providers, and advertisers hereby expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever; including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of The Platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Hijuka or Seller’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
7.2 Disclaimer as to ownership of trademarks, images of personalities, and third party copyright except where expressly stated to the contrary all persons, entities, stores, or Sellers (including their names and images), third party trademarks and content, services, and/or locations featured on this Platform are in no way associated, linked or affiliated with Hijuka and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on The Platform are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Hijuka.
7.3 Hijuka, Seller, or Store will use reasonable endeavors to pass on any manufacturer’s warranty to the Buyer (where applicable).
7.4. Hijuka shall not be liable for any fault or defect in respect of the products if:
7.4.1 Such fault or defect arose as a result of the products being improperly used and/or not used in accordance with the manufacturer’s manual or instruction; or
7.4.2 Such fault or defect was the result of unauthorized modification of the products without the written consent of Hijuka.
7.5 Hijuka will not be responsible for and no liability shall result to Hijuka or any of its affiliates for any delays in delivery or in performance that result from any circumstances beyond Hijuka’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, labor issues, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God, sabotage, or acts or laws of any government or agency. Any shipping dates or completion dates provided by Hijuka or any purported deadlines contained in an order or statement of work or any other document are estimates only.
7.6. Buyer understands that Hijuka is not the manufacturer or store owner or seller of the products being purchased by you (the Buyer) and the only warranties offered are those of the manufacturer, seller, or store, and not Hijuka or its affiliates. In purchasing the Products, you are relying on the Seller's (manufacturer's, producer's store) specifications only not on any statements, specifications, photographs, or other illustrations representing the products that may be provided by Hijuka or its affiliates. Hijuka hereby expressly disclaims all warranties either express or implied, related to products, including, but not limited to, any warranty of non-infringement, or any warranty relating to third party services. The disclaimer contained in this paragraph does not affect the terms of any manufacturer's warranty.
7.7. Buyer agrees to expressly waive any claim against Hijuka or its affiliates, employees, agents, or successors based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret, or other intellectual property rights (each a "Claim") with respect to any product and also waive the right to indemnification from Hijuka or its affiliates against any such claim made against you by a third party. Buyer acknowledges that no employee of Hijuka or its affiliates is authorized to make any representation or warranty on behalf of Hijuka or any of its affiliates that is not in this Agreement.
7.8 Hijuka makes no warranties to you and you hereby acknowledge that no warranties in regard to the applicability of all, any, and all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging, delivery, and labeling of the Products which are in force within yours or any territory within or outside the USA.
7.9 Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, will Hijuka, its affiliates, successors, employees, agents, or their Sellers, Stores, suppliers, subcontractors, or agents be liable for: (a) any incidental, indirect, special, punitive or consequential damages including but not limited to, loss of profits, loss of business, revenues or savings, even if Hijuka has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (b) any claims, demands or actions against customer by any third party; (c) any loss or claim arising out of or in connection with customer's implementation of any conclusions or recommendations by Hijuka, or its affiliates, successors, agents, Sellers based on, resulting from, arising out of or otherwise related to the products or services; or (d) any unavailability of the product for use or any loss of, damaged or corrupted data or software.
7.10. You acknowledge and agree that Hijuka makes no representations, warranties, or assurances that the Products are designed for or suitable for use in certain high-risk environments such as but not limited to machine rooms, automobile safety devices, or devices for navigation, life support systems or medical devices, nuclear facilities, or weapon systems, and you agree to indemnify Hijuka in connection with any such use of the Products. You further agree to review and comply with specific manufacture’s disclaimers and restrictions regarding the use of the Products in high-risk environments.
7.11 In the event of any liability incurred by Hijuka or any of its affiliates, successors, Sellers, Stores, agents, the entire liability of Hijuka and its affiliates for damages from any cause whatsoeverHijuka’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these conditions shall be limited to and not exceed:
7.11.1. The price of the products or order in respect of matters for which Hijuka does not carry insurance; and
7.11.2. The insured value in respect of matters for which Hijuka or the Buyer or Seller carry insurance.
7.11.3 To the fullest extent permitted by law, Hijuka shall not be liable to Buyer, Seller, or any other party for any indirect or consequential loss or damage (whether for loss of profit, loss of enjoyment, pain, suffering or satisfaction, or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever and wherever caused) which arise out of or in connection with these conditions or contracts.
7.14. The provisions of the various paragraphs shall survive the termination of these conditions and/or contracts.
7.11.4. The exclusions and limitations of liability set out in paragraph 7 shall be considered severally. The invalidity or unenforceability of any one of these sub-paragraphs may affect the validity or enforceability of any other part of this paragraph 7.
You agree to indemnify, defend and hold harmless Hijuka, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of The Platform or your breach of the Terms and conditions in particular or the Terms in general.
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Send an email to email@example.com, in case of any complaint.
10.0 Returns policy
10.1.Users of Zijuka.com have the right to return goods that are purchased and delivered to them subject to the provision of this returns policy.
10.1.1 within 24 hours of receipt of ordered products, the Buyer must send to us a notice of Intent to return in writing by e-mail to info@Zijuka.com. Upon receipt of the e-mail, Hijuka shall communicate with the Buyer within 24 hours of receipt of the email and if the issue is not resolved by phone, will provide an address of the Seller that the Buyer must return the item.
10.1.2 Buyers must promptly return the products at their own cost, which must be received by the Seller, as applicable, within 96 hours of notification of a return address, for cases, where the Buyer and Seller are within the USA. Where either or both parties are in different countries or locations, the Product must be returned within 30 days or as may be agreed on a case by case basis.
10.1.3 Hijuka or the Seller will refund the payment for such returned product, if not damaged or made defective by the Buyer or during the process of returning.
10.1.4 Where the product is damaged or made defective, We or the Seller reserve the right to either not make a refund or to seek legal redress against the Buyer or both parties agree on an acceptable settlement for any loss that may be suffered.
10.2.0 The Seller hereby warrants that should any product supplied by them to a customer or Buyer be returned for a defect not caused by the Buyer or customer, the Seller shall mail a suitable replacement to the Buyer or customer or refund any money paid by Hijuka to Hijuka (if the payment had been made to the Seller for the product) within 24 hours of receipt of the returned defective product. In a case where money has not been remitted to the Seller, Hijuka shall refund the Buyer to the full extent as may be agreed above in Clause 10.1.2.
10.3 Non-returnable items
Note that several types of goods are exempt from being returned. Perishable goods such as food cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases to be sold on the Platform. Therefore, the return of such products does not apply.
10.3.1 Additional non-returnable items:
- Gift cards
- Downloadable software products
- Some health and personal care items
10.4 Proof of Purchase
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
10.5 Partial refunds
There are certain situations where only partial refunds are granted: (if applicable)
- Book with obvious signs of use
- CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.
- Any item not in its original condition, or that may be damaged, or missing parts for reasons not due to our error.
To return a product, the Buyer will mail the product to the address to be provided in the email communication with you, the Buyer.
You (Buyer) will be responsible for paying for the shipping costs for returning the item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where the Buyer lives, the time it may take for an exchanged product to reach the Buyer may vary.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
1.0. The Hijuka LLC Shipping Policy is summarized as follows:
1.1. It is our policy to utilize shipping solutions offered by independent or third-party carriers.
1.2. Our aim is to offer our customers various shipping options as presented by different carriers.
1.3. The fundamental philosophy would be to match the reliability of the carrier and the cost of shipping by the carrier.
1.4. We will keep introducing additional shipping options by additional carriers as part of our support system for our customers.
1.5. The specific approach or options available at any time would be based on where we are shipping from and where to.
1.6. Our approach for shipments that are coming from outside the USA to the USA, is to depend on the use of DHL and the respective local Carriers from the countries of origin, as options. For shipments originating from within the USA and going to customers within the USA, our approach is to use USPS via one of their carriers. Each of the above has variants of options for our customers to choose from.
1.7. At each purchase on the Zijuka platform, a customer is offered various application options with costs and delivery time frames to choose from.
1.8. It is our aim to ensure that our carriers deliver within the advised time frames.
1.9. We will depend on third-party Carriers, such as USPS, DHL, EMS/NIPOST, and others to execute shipping and product delivery.
1.10. There will be a variety of shipping options, like overnight, 1-3 weekdays, 3 weekdays for local delivery within the USA, where the Seller and buyer are within the USA, and 10-21 weekdays for international from foreign countries to the USA, where the supplier is outside the USA.
1.11. In addition to the above, we will use other options that may be available or offered by others.
12.0 Refund Policy
12.1. Eligibility for refund
To be eligible for a refund, the Buyer ought to return the items as stipulated in our Return Policy and in our General Terms for Sale and Purchase. In addition, the item must be unused and in the same condition that it was received. It must also be in the original packaging.
Please note that several types of goods are exempted from being returned. These include perishable goods such as food items, products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items include:
- Gift cards
- Downloadable software products
- Some health and personal care items
To complete the return of your goods and get a refund, we require a receipt or proof of purchase. Please do not send back your purchase directly to the manufacturer.
There are also certain circumstances where only partial refunds are granted: (if applicable). They include:
- Returned book with obvious signs of use
- Returned CDs, DVDs, VHS tapes, software, video game, cassette tape, or vinyl record that has been opened.
- Any item not in its original condition, the item is damaged, or missing parts for reasons not due to our error.
- Any item that is returned more than 30 days after purchase.
12.2 Process for Refund
12.2.1. Once the return is received and inspected, we will send the Buyer an email to notify them that we have received the returned item. We will also notify the Buyer of the approval or rejection of the refund.
Where your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original method of payment. Please note that it will take us between 10-14 days upon receipt of the returned item to process a refund.
12.2.3. Late or missing refunds (if applicable)
If the Buyer has not received a refund yet, the Buyer is advised to first check their bank account again. Then contact their credit card company, it may take some time before a refund is officially posted.
They are to next contact their bank. There is often some processing time before a refund is posted.
12.2.4. Sale items (if applicable)
Only regular-priced items may be refunded, unfortunately, sale items cannot be refunded.
12.2.5. Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at Return-Refund@zijuka.com and send your item to the Address to be provided.
If the item was marked as a gift when purchased and shipped directly to a Buyer, the Buyer will receive a gift credit for the value of the return. Once the returned item is received, a gift certificate will be mailed to the Buyer.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and s/he will find out about your return.
Any communication between the Parties shall be by e-mail or first class post to each party’s current e-mail or postal address (as given on The Platform at the time of such communication) or the e-mail or postal address given in your order (or any new e-mail or postal address which you may have notified to Hijuka).