Please carefully read the terms and conditions (“Terms and Conditions”) below before buying any Goods or Services from www.dukachapchap.co.ke. By placing an order for any of the Goods or Services from these Websites, whereas it is by phone, through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.
- Section 1: Duka Chap Chap Introduction We are Duka Chap Chap, a brand of www.dukachapchap.co.ke, unless otherwise stated.
- Section 2: Definitions
2.3. “you”, “your” and “yours” are references to you, the person accessing these Websites, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Duka Chap Chap will also bound you to these Terms and Conditions;
2.4. “we”, “us”, “our”, and “Duka Chap Chap” are references to the Company;
2.5. “Goods” is a reference to any goods which we may offer for sale from our Websites from at a given time;
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Websites;
2.7. “Seller” is a third party, which has agreed to co-operate with the Company to supply and/or deliver the Goods or Services.
2.8. “Fresh Produce Delivery” references perishable goods and any form of delivery service, both provided by our Sellers and for both of which our Sellers take full responsibility;
2.9. “Websites” is a reference to our Websites www.dukachapchap.co.ke, our white label sites & mobile applications or any other platform we will choose to offer our Goods or services.
- Section 3: Buying
- 3.1. By placing a buy order through our Websites or mobile app, you enter into an agreement with Duka Chap Chap with respect to the processing of that order. If you are paying online, Duka Chap Chap is also responsible for any returns or refunds. We remain responsible for the quality and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of buying. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
3.2. In case you chose to pay with a debit or credit card you warrant that you are the legal holder of the card and the funds backing it. You should also warrant that you have sufficient funds to make the payment.
3.3. Any Goods and Services or Food & Household Items Delivery which you might buy from these Websites are intended for your use only. Resale of any of such Goods and Services or Food & Household Items Delivery or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should buy/ order the Services.
3.4. Please note that some of our Food & Household Items may not be suitable for certain age ranges. Please make sure, by carefully reading product descriptions, that the product or products you order suits the recipient’s age.
3.5. When ordering from these Websites you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.6. Any order that you place on our websites or related platforms is subject to availability, delivery capacity and acceptance by us. Once you place an buy order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically and will just give you confirmation of your buy order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fulfill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
3.7. If the details of the order are correct, the order will be confirmed by us via email or message (SMS).
3.8. The confirmation message will specify delivery details including the
approximate delivery time specified by the Seller and confirm the price of the Delivery of Goods and Services ordered.
3.9. If the Food & Household Items Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by email, text message (SMS) or phone call.
- Section 4: Prices and Payment
4.1. Any order for the supply of Food Delivery from these Websites is between you and us; for the supply of Goods or Services from these Websites any contact is between you and Duka Chap Chap. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
4.2. All prices listed on the Websites are correct at the time of publication;
however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Websites and to stop listing certain goods or services.
4.3. All prices listed on the Websites for Food & Household Items Delivery by the Seller or a delivery Seller listed on the Websites reflect the price the Selleror the third party provider charges at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the Seller informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 4.4. All prices listed on the Websites for Goods and Services by Duka Chap Chap reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 4.5. All prices for delivery by Duka Chap Chap or a third party provider assigned by Duka Chap Chap listed on the Websites are correct at the time of publication, however, we reserve the right to alter these in the future.
- 4.6. The total price for Food & Household Items Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
- 4.7. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
- Section 6: Cancellation
6.1. You must notify the us immediately if you decide to cancel your order,
preferably by phone, and quote your order number. If the sellers accepts your cancellation, no cancellation fee applies. If the seller refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. Notwithstanding the foregoing, in case you paid for your order online, you should only contact Duka Chap Chap with respect to a refund of your payment. You can always contact Duka Chap Chap with any complaint or concern you may have with respect to an order for which you paid online.
6.2. We may cancel a order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
6.3. If the cancellation was made in time and once the seller has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
6.4. In the unlikely event that the seller delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the seller can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the seller.
- Section 7: Information
7.1. Where we have requested information from you to provide Food &
Household Items Delivery, Goods or Services you agree to provide us with
accurate and complete information. For delivery of any alcoholic Household Items, any person ordering MUST be 18 years of age and above, such proof will have to be provided on delivery.
7.2. You authorize us to use, store or otherwise process your personal
information in order to provide the Food & Household Items Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal
7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
- Section 8: Linked Sites There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
- Section 9: Complaints We take complaints very seriously and place customers at the core of our processes. We aim to respond to your complaints within 5 business days. Please submit any ll complaints to the following email address .
- Section 10: Limitation of Liability
10.1. Great care has been taken to ensure that the information available on this website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish in our websites. We cannot warrant that use of the Websites will be error free or fit for purpose. We will make our best to correct such errors in a timely and effective manner. Also, Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Websites and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
10.3. We disclaim any and all liability to you for the supply of the Food &
Household Items Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Websites.
10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
10.6. If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
10.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Websites or for any products or services purchased from us.
10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10.9. In the event Duka Chap Chap has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Duka Chap Chap may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should their exist an abuse of vouchers or discount codes, Duka Chap Chap reserves the right to seek compensation from any and all violators.
10.10. Offers are subject to Duka Chap Chap’s discretion and may be
withdrawn at any time and without notice.
- Section 11: General
11.1. All prices are in Kenya Shillings (KES).
11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign part or parts of our rights under these T&Cs without your consent or any requirement to notify you.
11.3. We may alter or vary the Terms and Conditions at any time without
notice to you.
11.4. Payment must be made either at the time of ordering the Food &
Household Items Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the websites, or scrape or hack the websites.
11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya.
11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Kenya Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Kenya Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
www.dukachapchap.co.ke is owned by WatsupAfrica Limited. In case of problems or questions with online payments please call +254 777 933 479.