Terms of service

THESE TERMS  

1.1  What these terms cover. The transaction, return, payment and refund services offered through www.CDI are available to Sellers and Buyers / Offtakers who have been verified by us and whose CDI Membership is in good standing. These are the terms and conditions governing transactions for the supply of goods or services (the “Products”) from Verified Sellers (the “Supplier”) to Verified Buyers / Offtakers (the “Buyer”) initiated and completed through the Marketplace at www.CDI and in accordance with our User Agreement. 

1.2  Why you should read them. Please read these terms carefully before initiating any transactions on www.CDI. These terms tell you who we are, how products will be provided to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

2.  INFORMATION ABOUT US AND HOW TO CONTACT US  

2.1  Who we are. The website www.CDI (the “Site”) is operated by DFS Africa Ltd, a company registered in England. Our company registration number is 10760175 and our offices at Albert House, 256-260 Old St, London EC1V 9DD.

2.2  How to contact us. You can contact us by writing to us via the Site at www.CDI/contact.

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when placing your order.

3.  ACCEPTANCE OF ORDERS

3.1  How we will accept your order. All information on the Site is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Products listed in your order from the Supplier. All orders are subject to acceptance by the Supplier. Acceptance of your order and the formation of a contract of sale of the products between you and the Supplier will not take place unless and until we have sent you an email confirming that the Products have been dispatched by the Supplier.

3.2  If we cannot accept your order. If the Supplier is unable to accept your order, we will inform you of this. This might be because the Product is out of stock, because the Supplier has identified an error in the price or description of the Product, because we are unable to obtain authorisation of your payment or because the delivery address you have provided is not a valid shipping address.

3.3  Your order number. We will assign an order number to your order and tell you what it is when confirming the Supplier’s acceptance your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.  PRICE AND PAYMENT  

4.1  Where to find the price for the product. When we receive an order through the website, we re-confirm with the buyer, ascertain that product is in stock with the Seller after which an Invoice confirming the price and shipping cost is raised. The Purchase Order form the basis of the products ordered and confirms shipping address. The price of the Product will be the price indicated on the quote in the purchase order sent to Buyer following receipt of a request for quote via the CDI website. The website does not display prices.

4.2  What happens if we got the price wrong. We will normally check prices with the Supplier before confirming acceptance of your order so that, where the Product’s correct price at your order date is less than the stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you and ask whether you wish to proceed with at order at the correct price or cancel your order.

5.  QUALITY OF PRODUCTS  

5.1  Products may vary slightly from their pictures. The images of the Products on the Site are for illustrative purposes only. Your Product may vary slightly from those images. 

5.2  Product packaging may vary. The packaging of the Product may vary from that shown in images on the Site. 

6.  DELIVERY AND TITLE

6.1  Delivery costs and insurance. The costs of delivery will be communicated through the invoice raised after your request for quote is received and are carried out by either DFS Africa’s nominated logistics partner or by the Supplier’s shipping carrier. The shipping carrier assumes all liability for Products in shipment. We will by default include shipping insurance protection on all orders placed through the Site either door to port or door to door as required by the Buyer. We require all Suppliers to set up shipping insurance for all Products where they take responsibility for the shipping of Products and any last mile delivery.

6.2 Delivery address. The shipping carrier is only able to deliver to a valid shipping address provided in your order form. The Supplier cannot be held responsible if that delivery address is incorrect or incomplete. If you entered an incorrect shipping address and the Supplier has proof of delivery to that address, you assume all liability for the delivered Products. If we or the Supplier has proof that the shipping carrier has delivered the Products to the shipping address provided by you but you fail to acknowledge receipt of the shipment, the shipment will be deemed delivered. Changes to the shipping address are not permitted once your order has been placed.

6.3  Timing of delivery of the products. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted, your order will be processed and we will endeavour to procure that the Supplier dispatches your order in accordance with the estimated delivery times confirmed to you in the Invoice 

6.4  Delays outside the Supplier’s control. If we are informed that delivery of the Products will be delayed by an event outside the Supplier’s control then we will contact you as soon as possible to let you know. Neither we nor the Supplier will be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5  If you are not present when the products are delivered. If no one is available at the shipping address provided in your order form to take delivery, our shipping carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot the Supplier or the shipping carrier will contact you for further instructions and may charge you for storage costs and any further delivery costs as stipulated in the delivery terms and conditions. 

6.6  When you become responsible for the goods. The Products will be your responsibility from the time the Products are delivered to the address you gave us.

6.7  When you own goods. Ownership of the Products will pass to you once we have received payment in full.

7. DEFECTIVE OR DAMAGED PRODUCTS

7.1 Product quality. The Supplier is solely responsible for ensuring that Products offered on the Site match the description given to us and displayed on the Site.  

7.2 Product inspection. Immediately upon taking delivery of any Products, you will examine them and satisfy yourself that the Products match the stated description and are free of defects, damage, missing components or parts as detailed in package contents. The scope of such inspection includes but is not limited to the shape, size, weight, colour, model, and condition of Products. 

7.3 Notice of defective or damaged products. If you find any such defects in the quality or quantity of the Products, you must immediately inform us and provide us with documentation evidencing such misrepresentation and/or defect(s), whether visible or during intended use. If no such notice and supporting documentation is received by us within 72 hours from the time of delivery, you will be deemed to have accepted the Products as matching their stated description and free of defects

7.4 Return of defective products. If we receive notice from you of any defect in the quality or quantity of the Products within 72 hours from the time of delivery of the same, we will contact the Supplier with this information to arrange a return of the Products to the Supplier (at the Supplier’s cost) and a refund of the price paid for the Products and shipping costs. The Supplier may challenge the Buyer’s claim and supporting documentation. If an agreement between the two parties cannot be reach within 14 calendar days, you agree to submit the dispute for determination by our internal review board based on available documentation from both parties.

8.  WARRANTY

All Products sold on the Site are subject to the manufacturer’s and/or Supplier’s warranties. We are not liable for damaged or defective Products.

9.  CANCELLATIONS AND RETURNS  

9.1  Cancelling your order because of something we have done or are going to do. If you are cancelling an order for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full the payment made by you on the Site for any Products which have not been provided. The reasons are:

(a)  we have told you about an upcoming change to the Product or these terms which you do not agree to;

(b)  we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the Products may be significantly delayed because of events outside the Supplier’s control;

(d)  the Supplier has suspended supply of the Products for technical reasons; or

(e)  you have a legal right to end the contract because of something we have done wrong.

9.2  Cancelling your order because you changed your mind. You may cancel an order and request a full refund if such cancellation occurs before the Supplier begins the shipping process. If you decide to return an order after the Products have been dispatched you are obliged to take delivery of the Products and will be responsible for the shipping costs and associated fees and tariffs, the costs of returning the Products to the Supplier in accordance with Clause 9.5 and the Supplier’s restocking fee. After 72 hours from the time of delivery of the Products, any returns are to be made in accordance with the manufacturer’s warranty.

9.3  When you do not have a right to change your mind. You may not cancel any order for bespoke or customised Products once the Supplier has commenced production or customisation of the Products. 

9.4 Returning Products. If you end the contract for any reason after Products have been dispatched to you or after you have received them, you must return them to the Supplier. You must arrange delivery of the Products to the Supplier’s address indicated on the order and shipping documents though a shipping company we have approved for this purpose. Products must be returned in the same condition as they were delivered. To initiate a return please visit our return centre here within 72 hours of delivery of the Products. You will be asked to specify the order number, the items being returned and why they are being returned along with your membership information. If you advise that the Product is defective or has been damaged in transit with supporting documentation, a representative will be in touch to initiate the return claim in accordance with Clause 7.4. You are responsible for providing us and the Supplier with shipping information relating to the returned products, including but not limited to cost and tracking number. If you fail to do so you will be responsible for full cost of shipment.

9.6  When we will pay the costs of return. We will pay the costs of return if the products are faulty or misdescribed or if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside the Supplier’s control or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.7  How we will refund you. If you are entitled to a refund under these Terms of Service we will refund you 100% of the payment made by you via the payment method you paid with. Wire transfer refunds may take up to fifteen (15) business days to process once completed.

10. DISPUTE RESOLUTION

10.1 If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by contacting our customer support. 

10.2 If a dispute arises between you (as a Buyer) and a Supplier regarding a transaction on the Site, we strongly encourage both parties to negotiate with each other to resolve the dispute. If you are unable to resolve the matter with the Supplier, upon request, we will assist both parties in resolving the dispute. If a resolution cannot be finalized within 14 business days, you may submit the complaint and supporting documentation to our internal customer review panel. If a dispute arises between you (as a Buyer) and a Supplier, you release us (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) in any way connected with the dispute and the transaction.

11.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1  We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

11.2  We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products. 

11.3 We are not liable for business losses. We (including our directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from: your use or your inability to use the Site; delays or disruptions in our Site or services; viruses or other malicious software obtained by accessing our Site; glitches, bugs, errors, or inaccuracies of any kind on our Site; damage to your hardware device from the use of our Site; the content, actions, or inactions of third parties, including Suppliers or a suspension or other action taken with respect to your account or membership. 

12.  OTHER IMPORTANT TERMS  

12.1  Changes to these terms. We regularly review these terms to ensure they are in accordance with best practice and legislative changes and reserve the right to amend or change these terms as necessary. Any changes we make to these terms in the future will be incorporated into a new version and made available on our Site.

12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

12.3  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.4  If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

12.5  Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

12.6  Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of any dispute arising in relation to these terms in the English courts

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