Legal Notice
Important legal information and disclaimers
CRITICAL DISCLAIMER
WHOLESALEKENYA.COM IS A MARKETPLACE PLATFORM CONNECTING INDEPENDENT BUYERS AND SELLERS. WE ARE NOT A SELLER, MANUFACTURER, DISTRIBUTOR, OR RETAILER OF ANY PRODUCTS LISTED ON OUR PLATFORM.
ALL PRODUCTS ARE SOLD BY INDEPENDENT THIRD-PARTY SELLERS WHO ARE SOLELY RESPONSIBLE FOR THEIR PRODUCTS, LISTINGS, AND TRANSACTIONS.
1. Platform Nature and Role
WholesaleKenya.com operates as an online marketplace platform that facilitates connections between buyers and independent third-party sellers. Our role is strictly limited to:
- Providing technology infrastructure for listing and browsing products
- Facilitating payment processing between buyers and sellers
- Offering dispute resolution services (at our discretion)
- Maintaining the platform's technical operations
We do NOT manufacture, import, store, inspect, test, guarantee, or sell any products listed on our platform.
2. NO WARRANTIES OR GUARANTEES
WholesaleKenya.com makes NO warranties, representations, or guarantees regarding:
- Product quality, safety, legality, authenticity, or fitness for any purpose
- Accuracy of product descriptions, images, or specifications
- Seller reliability, reputation, or ability to fulfill orders
- Delivery timeframes or shipping quality
- Product availability or pricing accuracy
- Compliance with any standards, regulations, or laws
- Resolution of disputes in buyers' favor
- Protection against seller fraud or misconduct
ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND.
3. Seller Independence and Responsibility
All sellers on WholesaleKenya.com are independent contractors and NOT our employees, agents, or representatives. Sellers are solely responsible for:
- Product Compliance: Ensuring products meet all applicable laws, regulations, and safety standards
- Product Safety: Ensuring products are safe for their intended use and properly labeled
- Legal Requirements: Obtaining all necessary licenses, permits, certifications, and insurance
- Product Information: Providing accurate, complete, and truthful product descriptions
- Intellectual Property: Ensuring they have the right to sell products and use all trademarks, copyrights, and patents
- Order Fulfillment: Processing, packaging, and shipping orders in a timely manner
- Customer Service: Responding to inquiries and handling customer issues
- Returns and Refunds: Processing returns and issuing refunds according to policies
- Taxes and Fees: Paying all applicable taxes, duties, and government fees
- Legal Liability: Any and all legal claims arising from their products or conduct
4. Limitation of Platform Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHOLESALEKENYA.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:
- Any products purchased through the platform, including defects, injuries, or losses
- Seller conduct, including fraud, misrepresentation, or failure to deliver
- Product quality, safety, legality, or compliance issues
- Shipping delays, damage during transit, or lost packages
- Payment processing errors or unauthorized transactions
- Data breaches or security incidents (beyond reasonable precautions)
- Disputes between buyers and sellers
- Business losses, lost profits, or opportunity costs
- Indirect, consequential, incidental, or punitive damages
- Claims arising from your use of the platform or products purchased
OUR MAXIMUM TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU PAID TO US IN THE SIX MONTHS PRIOR TO THE CLAIM, OR (B) KES 10,000.
5. User Assumption of Risk
By using WholesaleKenya.com, you acknowledge and accept the following risks:
- Sellers may be unreliable, fraudulent, or unable to fulfill orders
- Products may be defective, unsafe, counterfeit, or not as described
- Products may not comply with applicable laws or standards
- Delivery may be delayed, products may be damaged, or orders may be lost
- Disputes may not be resolved in your favor
- Payment information may be compromised despite security measures
- The platform may experience downtime, errors, or data loss
YOU USE THE PLATFORM AND PURCHASE PRODUCTS AT YOUR OWN RISK.
6. Buyer Responsibilities
As a buyer, you are responsible for:
- Conducting your own due diligence on sellers and products
- Verifying product suitability for your intended use
- Ensuring products comply with laws in your jurisdiction
- Inspecting products immediately upon receipt
- Reporting issues promptly (within 48 hours of delivery)
- Providing accurate information and cooperating in dispute resolution
- Using products safely and according to instructions
- Complying with all applicable laws when purchasing and using products
7. No Professional Advice
Information provided on our platform is for general informational purposes only and does not constitute professional advice. We do not provide legal, financial, medical, or other professional advice. Consult qualified professionals before making decisions based on platform information.
8. Third-Party Services
We use third-party services (payment processors, shipping companies, etc.) that are independent contractors. We are not responsible for their actions, errors, or failures. Your relationship with these third parties is governed by their own terms and conditions.
9. Dispute Resolution
While we offer dispute resolution services:
- Our involvement is voluntary and at our sole discretion
- We do not guarantee resolution in any party's favor
- Our decisions are based on available evidence and are final
- We may refuse to intervene in disputes
- Resolution timeframes are estimates, not guarantees
10. Intellectual Property Claims
We do not verify intellectual property rights of products listed by sellers. Sellers are solely responsible for ensuring they have the right to sell products. If you believe your IP rights are violated, use our reporting process, but we make no guarantees regarding enforcement or outcomes.
11. Governing Law and Jurisdiction
These terms and your use of the platform are governed by the laws of Kenya. Any disputes shall be subject to the exclusive jurisdiction of Kenyan courts. By using the platform, you consent to this jurisdiction and waive any objections.
12. Platform Modifications and Termination
We reserve the right to modify, suspend, or terminate the platform or any user account at any time, with or without notice, for any reason or no reason. We are not liable for any losses resulting from such actions.
13. Contact for Legal Matters
For legal inquiries or notices, please contact us through our Contact Page.
FINAL ACKNOWLEDGMENT
BY USING WHOLESALEKENYA.COM, YOU ACKNOWLEDGE THAT:
- β You have read and understood this Legal Notice
- β WholesaleKenya.com is only a marketplace platform, not a seller
- β All sellers are independent third parties
- β We make no warranties or guarantees regarding products
- β We have limited liability as defined in these terms
- β You use the platform and purchase products at your own risk
- β You agree to indemnify us from claims arising from your use
