This User Agreement (“Agreement“) is a legal agreement between you (referred to as “You” “User” “Shipper” or “Customer”) and Zigofly.com, a brand of ZIGOFLY KENYA LIMITED , (“Zigofly”, “Company”, “We” or “Us“).
This Agreement governs your use of the Zigofly website, referred to in this Agreement as “Zigofly.com” or the “Site,” and Zigofly services. All services provided by Zigofly are described in Zigofly.com and are collectively referred to in this Agreement as “Services.”
Activation of the user’s account or use of services provided by ZIGOFLY KENYA LIMITED (hereinafter “Zigofly.com” or the “Website”) will represent the user’s acceptance of this agreement (hereinafter “Agreement”), as set forth in the following Terms and Conditions, and the user’s authorization for Zigofly.com to charge the user’s payment method for all future charges.
The User also consents to the Company’s Privacy Policy, as outlined in these terms.
The Company reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions.
It is the user’s responsibility to review the Company’s Terms and Conditions periodically as continued use of the company’s services will constitute the User’s acceptance of any revised terms and conditions.
If you disagree with modifications made to these Terms and Conditions, your only recourse is to cease using the services of the Company.
The Company prohibits any illegal activity by its users.
As a condition of your use of this Site and Services, you represent and warrant to us that you will not use this Site or the Services for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
Any charges incurred, for legal advice or otherwise, by the Company in connection with the enforcement of the law against a user or a potential user will be the financial responsibility of the user or the potential user. See Indemnification section below for further details.
The user understands that Zigofly is not a “carrier of cargo” and that the company will select and engage carriers and/or freight agents on behalf of the user/customer.
The company’s services consist of acting as an agent of the user for online purchases, consolidation and export purposes by receiving the user’s merchandise, which will be sorted, packed, and consolidated.
At the user’s direction, the company arranges for export and delivery to the user’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment.
The company does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., users/customer).
All packages received by the company may be opened by representatives of the company.
The user represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations of Kenya and/or the specific exporting country in the order and receipt of merchandise and parcels under the terms of this Agreement.
Users also authorize the company as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
Users accept that freight forwarders/agents and/or carriers/customs reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on your behalf.
The user agrees that sharing the company warehouse/location addresses and/or purporting to own/act/broker any of our facilities with any unregistered users or persons without informing them that those facilities are owned, leased or managed by the Company is a direct violation of our terms of service.
The Company reserves the right to investigate complaints or reported violations of our legal terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Registration
You must read, agree with and accept all of the Terms and the Privacy Policy, which includes those terms of use expressly set out below and those incorporated by reference, before you may register to become a User of this service.
We strongly recommend that, as you read these Terms, you also access and read the information contained in the other pages and websites referred to herein, as they may contain further terms of use that apply to you as a User.
Please note: underlined words and phrases are links to these pages and websites.
Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law.
Without limiting the foregoing, our Services are not available to children (persons under the age of 18).
You may not use the Site and/or the company’s Services if you do not meet these eligibility criteria. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Registering with the company of the site portal or physically is free.
Use of the Company Site
The user agrees to comply with our security verification process.
The user may not transfer, sell or disclose their account or User ID to another party.
The user agrees to comply at all times with these terms and all applicable domestic and international laws, statutes, ordinances and regulations.
The user represents and warrants that all information provided to us will be accurate and complete.
The user acknowledges that they have been provided with the various usage plans detailing the service features, shipping rates and all other fees applicable to the services offered by the company.
The user agrees to pay all fees associated with the respective usage plans.
While we will use reasonable efforts to include accurate and up-to-date information on the site, we make no warranties or representations as to the accuracy, timeliness or completeness of any information found on the Site.
We do not warrant that this site will always be accessible, uninterrupted, timely, error-free or free from computer viruses or other invasive or damaging code or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
Without limiting other remedies, we may limit User’s access to the Site, issue a warning, temporarily suspend, indefinitely suspend or terminate User’s registration and refuse to provide the Services to User if User breaches these Terms or the documents it incorporates by reference; We are unable to verify or authenticate any information User provides to us; or We believe that User’s account may have been compromised.
We reserve the right to terminate or suspend access to the Site at any time without assigning any reason. We shall not be liable to User or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
ZIGOFLY TERMS OF USE
Shop and Ship From Me Service
The company provides product ordering/on-behalf ordering services to Users to assist them to purchase merchandise from online merchants who may or may not otherwise accept their payments.
The company is not a retailer or reseller of the merchandise ordered from third-party online retailers unless directly listed on the site as merchandise for sale by the Company.
The user agrees that in using our Shop and Ship For Me services, the company only acts as an agent/representative of the customer in the transaction and is not responsible for any terms nor warrants any actions the online merchant may issue on their website or in carriage of their services.
Only orders or quote requests placed on the Site will be entertained and we do not accept any orders/quotes placed via telephone or the electronic chat service on the Site.
We do not warrant that the items the User has ordered will be available for purchase and delivery, free from damage or working or in the described condition from third-party online retailers.
The company may cancel any item ordered if it is:-
Where one or more items are unavailable in an order list and others are available, the company may process the rest of the available items in that particular order.
Otherwise, cancellation of the entire order will be at the discretion of the company.
While the company will endeavor to make prompt execution of on-behalf orders, User agrees that the company will not be responsible for any on-behalf purchase delays due to product availability or any other reason.
We reserve the right to reject any orders, at our discretion, at any time.
The company may accept or reject any requests to amend or cancel orders placed using the Shop and Ship For Me Service.
All orders once placed are considered final at online merchant websites.
Service charges and fees billed under the Shop and Ship Service Option are non-refundable.
The company will take all reasonable care to place User’s orders correctly.
Should there be any discrepancies, the User must bring them to our attention within one (1) business day of the company sending the User, an invoice with the summary of the order.
After that, all errors are deemed to be accepted by User.
Some merchants may insist that we do not forward their merchandise outside of the US or U.K as governed by their sales territory and other regulations.
While we will try to maintain a list of such merchants on the Site, this list cannot be exhaustive, and we are not responsible for any change in any merchant’s selling or warranty restrictions.
We do not process any rebates or discounts offered by the merchant in any form to Users.
All product warranties issues must be taken up directly with the merchant.
Placing an order with the Company:
The order must be given to us in writing by filing our quotation form on the site and/or email and must contain the following instructions:
Orders given verbally must be confirmed by email, letter or online quotation form.
It is the responsibility of the customer to correctly and comprehensively provide all the required information as specified above.
We shall carry out its services according to the customer’s instructions once/if accepted.
Refunds
The user agrees that the company will only act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Online Transaction Disputes
The user agrees that the company will only act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Returns
The user agrees that the company will only act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Ship For Me Option Service
Upon successful registration or request, the user shall be allocated a U.S. and/or U.K address which the User may then provide to on-line merchants as a delivery address (“U.S. or U.K Delivery Address”) when purchasing products.
Such Products are to be subsequently delivered by us to the address designated by the User (“Shipment Address”).
The user authorizes us to accept delivery of Products at the U.S. or U.K Delivery Address on your behalf and appoint us as your freight agent to ship the Products to the Shipment Address in accordance with these Terms.
We have the right to open and inspect a Shipment without prior notice to the User.
Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or shipment or consolidation or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
We may perform any of the following activities on User’s behalf: Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations (if applicable); and/ or Act as User’s freight agent for the performance of customs clearance and preparation of shipping documents.
Item declaration amount will be based on the merchant invoice of the package. The merchant invoice will be used as supporting documentation.
All Shipment Addresses once confirmed on the site are final and may not be varied.
The User agrees to route and diversion of the Shipment, including the possibility that the Shipment may be carried via intermediate stopping places.
The User acknowledges and agrees that the services do not include customs or taxes (except where clearly stated) and that we are not customs agents or brokers.
We are solely responsible for the export and import of its packages and shipments.
The user is solely responsible for the payment of any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to the shipment.
The user is responsible for confirming that the package that the contents of the package that arrived in our warehouse is what they ordered from the merchant.
The company provides photos of outside of each incoming package so you can ascertain if the correct package is received and whether or not the address and tracking number are accurate.
The company will not be responsible for package loss or damages resulting from merchant courier mishandling or misdelivery to our US or UK address and/or packages not signed for or received by authorized agents of the company.
Refunds
The user agrees that the company will not act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Online Transaction Disputes
The user agrees that the company will not act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Returns
The user agrees that the company may accept or reject to act as representative of the customer in such transactions and will not be responsible for any costs or losses in part or full.
Other Services Terms
Pricing
The cost of our services are as listed on our site: www.zigofly.com/rates.
Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
Unacceptable Shipments
The user agrees that a shipment will be deemed unacceptable, if:
Insurance
The company offers free insurance against loss and damage of packages in transit up to a limit of $100.
The user can get extra insurance cover for their shipments by themselves or request the company to assist procure extra insurance shipping cover from third party insurance companies.
The company will not be responsible for any loss or damage of uninsured packages of values above the stated insurance limit.
Unless requested to do so in writing and confirmed to Customer in writing, Company is under no obligation to procure insurance on Customer’s behalf; in all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance.
The Company does not itself insure any transportation but uses reasonable care to contract with an insurance company to provide said insurance at an additional cost to Customer.
The Customer agrees to the insurance company’s standard provisions, such as deductibles and limitations.
The Said insurance value must appear on the face of the tracking number and may only be entered by employees of the Company.
Declared values or Insurance amounts may not be altered once freight has been received for transport unless the carrier issues written consent for such alteration.
Addresses
The user agrees to ensure that all third party online merchants and sellers mark all packages with the user’s full name and phone number, our current, complete and accurate address, including any unique suite number/information as assigned to the user on registration.
The company will not be responsible for any losses or damages on packages received with incomplete, incorrect, or old addresses that cannot be associated with a user.
Storage
Pending forwarding and delivery or in exercising the Company’s lien, the goods may be warehoused or otherwise held at any place at the sole discretion of the Company and at the Customer’s risk and expense.
Packages received at our US or UK agent’s warehouse will be held for a maximum of 14 days after which they will be automatically booked for the next shipment.
On arrival of packages in Nairobi, the company will hold for a maximum of 30 days.
No unpaid packages will be held for more than 14 days for free.
If a package is consolidated/combined with another package(s), the storage time limit will be based on the date of the first/oldest package arrival. Adding a package to a consolidated/combined package will not reset the storage time.
Consolidation and Repackaging
The company will consolidate and repack your packages within reasonable effort at no extra charge.
The company is not responsible for items missing from a consolidated package without valid proof that the missing item was received by us.
The user is responsible for informing us on packages to be delivered at our U.S or U.K warehouse by sharing appropriate documentation such as parcel tracking number to help us facilitate consolidation and package receipt confirmation.
Accordingly, we strongly urge you to submit a special request for the company to check and photograph the contents of each package upon arrival and again during consolidation to allow you to confirm that all expected items are accounted for.
All photo requests need to be requested prior to consolidation.
Unless you request otherwise, we will remove all catalogs during consolidation. Catalogs add to shipping costs, and most customers want them removed.
Abandoned/Uncollected/Unclaimed Packages
On arrival of your package in Nairobi, the company will hold your package for free up to 14 days from the date of invoicing.
After 14 days, the company will hold the package for an extra 16 days and you will incur storage and interest charges.
In the event we are unable to contact you via call, text or email or after multiple unsuccessful delivery attempts within the 30 days, or you are unwilling to pay all required fees, duties, and taxes, we will deem the packages abandoned.
The company will reserve the right to dispose of the abandoned/uncollected/unclaimed packages however we deem fit to recover our costs without further notice to you.
Local Delivery
The user can:
The Company will use a renowned and reliable courier services for such deliveries and all delivery costs and risk shall be borne by the Shipper/Customer as per the courier’s terms.
The Company may notify the Receiver of an upcoming delivery or a missed delivery.
The Company also reserves the right to exclude some delivery options on request.
If the Shipment is deemed to be unacceptable as described in Unacceptable Shipments Section, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, or Receiver refuses delivery or to pay Customs Duties or other Shipment charges, we shall use reasonable efforts to return the Shipment to Shipper at Shipper’s cost, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against Customs Duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper.
The company may at its discretion choose to pursue legal means in recovery of shipping dues incurred for abandoned/uncollected or unclaimed goods.
The company shall have the right to destroy any Shipment, which any law prevents us from returning to Shipper as well as any Shipment of Dangerous Goods.
Loading and Unloading
Unless the company agrees otherwise:
The customer will indemnify the Company and keep the Company indemnified against any costs, expenses, liabilities, injuries, losses, damages, claims, demands, proceedings or legal costs and judgments which the Company suffers as a result of the provision of such assistance.
Rider Liability Agreement
The user agrees that if they use their own agent, courier, rider or send an individual or a company to collect your consignment from any of our local offices in Kenya, the company will not be held liable for any loss or damage that occurs thereafter and any insurance or shipment protection facilitated by Zigofly is automatically voided as soon as the consignment is collected by your agent and is out of the company’s care.
Claims
The user agrees that only packages stated as shipped and delivered to the company’s local Kenya office and/or warehouse are subject to transit/shipping claims on loss and damage.
Upon delivery or arrival of a package in Kenya, the user shall check the condition of the goods, the quantity, weight and dimensions of packages and shall immediately report any apparent defects, damage, discrepancies and/or missing items.
Should any irregularity or missing item not be immediately apparent, the consignee shall send due reservations in writing within two (2) days of the date of delivery if the proof of delivery is signed as having been received in good condition; Otherwise, the conditions of the goods shall be deemed as delivered in the agreed upon condition.
Claims for lost or damaged merchandise in transit must be filed within the published time limits of the particular carrier.
Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Zigofly.
Claims are reviewed individually and the review process may take up to 30 calendar days.
Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid.
Any liability for damage or loss caused after delivery to the company is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit.
No liability will be assumed by the company for damage or loss caused to any items before delivery to our warehouse or caused to merchandise prepackaged by the manufacturer or merchant.
Failure to file a completed claim within the carrier time limit will invalidate the claim.
Shipping Delays
We will make every reasonable effort to deliver the Shipment according to our regular delivery schedules, which is calculated to be from the next scheduled shipment immediately after goods leave our warehouses in the respective locations, but these are not guaranteed and are not binding.
We are not liable for any damages or loss caused by delays by our airline or freight partners.
Photographs of Packages
At the discretion of the company, we will share photos of the packages received at our US or UK location at no extra cost to you.
The photo will only display the name and tracking number on the package to aid package receipt confirmation.
This will not be by any way a confirmation or guarantee of the contents inside the package you might have ordered.
Upon request and acceptance, we may inspect and share photos of the contents in the package at a fee.
The company reserves the right to open and inspect a shipment without notice for safety, security, customs or other regulatory reasons.
The company’s employees shall be at liberty to effect additional wrapping and packing on such items, even in the event that such services were not originally requested. Additional charges incurred for packing will be the responsibility of the customer.
NB: if any goods are confiscated for any reason by government authorities (e.g. customs or security personnel) during inspection, the Company will not be held liable.
Shipper’s Warranties
Shipper/customer shall indemnify and hold us harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
Shipper’s Disclaimer
The Customer automatically releases the company from liability and responsibility for physical damage, loss or loss due to delay for items of freight as listed below:
In relation to subjective terms as used above (“inadequately packed”, “inherent vice”, “excessively worn”etc.), it is understood that the customer allows and releases the Company to define and interpret these terms as reasonably and commonly acceptable in Company’s industry and as applied against common and previous occurrences in the normal course of packing and shipping;
The Company will not transport currency, species, precious stones, jewelry, negotiable documents or any other items in Company’s Prohibited Items list at any time. In the event that the Company is made to transport such items without the Company’s knowledge or consent, the Company shall remain at no liability whatsoever for, or in connection with the goods.
The company and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential, compensatory or direct damages arising in any way (including, but not limited to negligence) out of or in connection with the Site or the company or its parent, subsidiary or affiliate companies, or our services or this Agreement.
In no event shall the company or its suppliers be liable to you for more than $100, including an award of attorney fees and costs.
Release
In the event that you have a dispute with one or more users (including merchants and service professionals) of the company, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge the company, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys’ fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes.
Dispute Settlement
The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a Director of each of the Parties with authority to settle the relevant dispute.
If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then each party may involve legal counsel or open proceedings in a court of law.
The failure of the Company to, at any time, require performance by the Customer of any provision of this Agreement shall not be deemed to be a waiver of any of the Company’s rights unless it is expressly agreed to by the Company in writing and it shall not affect the right of the Company to require such performance by the Customer at any time thereafter.
These terms and conditions shall be governed by and construed in all respects in accordance with the laws and regulations of the Republic of Kenya.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.
Force Majeure
The company shall not be liable to any party for any delay or failure due to: acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, telecommunications or information services infrastructure, hacking, spam, any failure of a computer, server, or software, or acts or omissions of vendors or suppliers beyond the control of the company.
Contact
If you have any questions, concerns or complaints in relation to the Website or the Terms of Use please contact the customer service team at shop@zigofly.com
A shipping solution that helps you shop and ship from USA and UK to Kenya
Gardens Arcade Kikuyu, 3rd Floor. Suite B2
Kikuyu Road
Kikuyu Township
Kenya.
Business Hours
Mon – Fri: 9am – 4pm
Weekends & Public Holidays: Closed
