Cinab Somalia | Online Shopping for Kitchen Appliances, Fashion, Electronics, Phones, Beauty, Home Appliances

Terms & Conditions

TERMS AND SERVICE

General Conditions

Welcome to www.cinabs.com Cinab group of Companies Limited and team provides services to subject to notices, terms and conditions as set out below. By accessing, browsing, or shopping on this website, you agree to all the terms and conditions in this agreement. Please read them carefully.

1. Introduction

“CINAB” is the trading name for the Cinab group of Companies Limited we operates an e-commerce platform consisting of a website and mobile application (“marketplace”), together with supporting IT, logistics and payment infrastructure, for the sale and purchase of consumer products and services (“products”) in Somalia (“Territory”)

• These general terms and conditions shall apply to buyers and sellers on the marketplace and shall

govern your use of the marketplace and related services.

• By using our marketplace, you accept these general terms and conditions in full. If you disagree with

these general terms and conditions or any part of these general terms and conditions, you must not

use our marketplace.

• If you use our marketplace in the course of a business or other organizational project, then by so

doing you:

• confirm that you have obtained the necessary authority to agree to these general terms and

conditions;

• bind both yourself and the person, company or other legal entity that operates that business or

organizational project, to these general terms and conditions; and

• agree that "you" in these general terms and conditions shall reference both the individual user and

the relevant person, company or legal entity unless the context requires otherwise.

2. Data Protection Disclaimers / Privacy & Security

• Buyers agree to processing of their personal data in accordance with the terms of Cinab’s Privacy

Notice and Cookie Notice.

• Cinab shall process all personal data obtained through the marketplace and related services in

accordance with the terms of our Privacy Notice and Cookie Notice and Privacy Policy.

• Sellers shall be directly responsible to buyers for any misuse of their personal data and Cinab shall

bear no liability to buyers in respect of any misuse by sellers of their personal data.

3. Registration and account

• You may not register with our marketplace if you are under 18 years of age (by using our marketplace

or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

• If you register for an account with our marketplace, you will be asked to provide an email

address/user ID and password and you agree to: keep your password confidential; notify us in

writing immediately (using our contact details provided on the website www.cinabs.com ) if you

become aware of any disclosure of your password; and be responsible for any activity on our

marketplace arising out of any failure to keep your password confidential, and you acknowledge that

you may be held liable for any losses arising out of such a failure.

• Your account shall be used exclusively by you and you shall not transfer your account to any third

party. If you authorize any third party to manage your account on your behalf this shall be at your

own risk.

• We may suspend or cancel your account, and/or edit your account details, at any time in our sole

discretion and without notice or explanation, providing that if we cancel any products or services

you have paid for but not received, and you have not breached these general terms and conditions,

we will refund you in respect of the same. (See section 5) below for further information about

refunds.

• You may cancel your account on our marketplace by contacting us as provided at section 26.

4. Terms and Conditions for sale

You acknowledge and agree that:

• The marketplace provides an online location for sellers to sell and buyers to purchase products;

• we shall accept binding sales, on behalf of sellers, but (unless Cinab is indicated as the seller) Cinab

is not a party to the transaction between the seller and the buyer; and, a contract for the sale and

purchase of a product or products will come into force between the buyer and seller, and accordingly

you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of

purchase via the marketplace.

• Subject to these general terms and conditions, the seller’s terms of business shall govern the

contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following

provisions will be incorporated into the contract of sale and purchase between the buyer and the

seller:

the price for a product will be as stated in the relevant product listing;

• the price for the product must include all taxes and comply with applicable laws in force from time

to time;

• delivery charges, packaging charges, handling charges, administrative charges, insurance costs,

other ancillary costs and charges, where applicable, will only be payable by the buyer if this is

expressly and clearly stated in the product listing; and delivery of digital products may be made

electronically;

• products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in

all material respects to, the product listing and any other description of the products supplied or

made available by the seller to the buyer; and

• in respect of physical products sold, the seller warrants that the seller has good title to, and is the

sole legal and beneficial owner of, the products and/or has the right to supply the products

pursuant to this agreement, and that the products are not subject to any third party rights or

restrictions including in respect of third party intellectual property rights and/or any criminal,

insolvency or tax investigation or proceedings; and in respect of digital products the seller

warrants that the seller has the right to supply the digital products to the buyer.

• The Seller warrants that, where a product sold has such terms, the Seller will provide detailed

disclosure of the product terms and conditions, any applicable warranty, and other terms

necessary to inform the buyer on the product and its usage in the specification section provided

on each product page.

5. Returns and refunds

• Returns of products by buyers and acceptance of returned products by sellers shall be managed by

us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.

• Refunds in respect of returned products shall be managed in accordance with the refunds page on

the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in

our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:

in respect of the product price;

• in respect of local and/or international shipping fees (as stated on the refunds page); and

• by way of store credits, vouchers, mobile money transfer, bank transfers or such other methods as

we may determine from time to time.

• Returned products shall be accepted and refunds issued by Cinab, acting for and on behalf of the

seller. Notwithstanding paragraphs above, in respect of digital products or services and fresh food,

Cinab shall issue refunds in respect of failures in delivery only. Refunds of payment for such

products for any other reasons shall be subject to the seller’s terms and conditions of sale.

• Changes to our returns page or refunds page shall be effective in respect of all purchases made

from the date of publication of the change on our website.

6. Payments

• You must make payments due under these general terms and conditions in accordance with the

Payments Information and Guidelines on the marketplace.

7. Store credits

Store credits may be earned and managed in accordance with the Cinab Store Credit Terms and Conditions, as may be amended from time to time. Cinab reserves the right to cancel or withdraw Credit store credit rewards for any reason in its discretion, including if we suspect fraud or foul play. You can view the Cinab Store Credit terms and conditions and information about your Cinab store credit account on our website and mobile application.

8. Rules about your content

In these general terms and conditions, "your content" means:

• all works and materials (including without limitation text, graphics, images, audio material,

video material, audio-visual material, scripts, software and files) that you submit to us or our

marketplace for storage or publication, processing by, or onward transmission; and

• all communications on the marketplace, including product reviews, feedback and comments.

• Your content, and the use of your content by us in accordance with these general terms and

conditions, must be accurate, complete and truthful.

• Your content must be appropriate, civil and tasteful, and accord with generally accepted

standards of etiquette and behaviour on the internet, and must not:

• be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

depict violence in an explicit, graphic or gratuitous manner; or be blasphemous, in breach of racial or religious hatred or discrimination legislation; be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person; or constitute spam.

• Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving

rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content must not infringe or breach: any copyright, moral right, database right, trademark

right, design right, right in passing off or other intellectual property right; any right of confidence,

right of privacy or right under data protection legislation; any contractual obligation owed to any

person; or any court order.

• You must not use our marketplace to link to any website or web page consisting of or containing

material that would, were it posted on our marketplace, breach the provisions of these general

terms and conditions.

• You must not submit to our marketplace any material that is or has ever been the subject of any

threatened or actual legal proceedings or other similar complaint.

• The review function on the marketplace may be used to facilitate buyer reviews on products. You

shall not use the review function or any other form of communication to provide inaccurate,

inauthentic or fake reviews.

• You must not interfere with a transaction by:

(i) contacting another user to buy or sell an item listed on the marketplace outside of the

marketplace; or

(ii) communicating with a user involved in an active or completed transaction to warn them

away from a particular buyer, seller or item; or

(iii)	contacting another user with the intent to collect any payments
•	You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

• We may periodically review your content and we reserve the right to remove any content in our

discretion for any reason whatsoever.

• If you learn of any unlawful material or activity on our marketplace, or any material or activity that

breaches these general terms and conditions, you may inform us

9. Rules about your content

• You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store,

adapt, publish, translate and distribute your content on our marketplace, and across our marketing

channels and any existing or future media.

• You grant to us the right to sub-license the rights licensed under above section.

• You grant to us the right to bring an action for infringement of the rights licensed under section 9.1.

• You hereby waive all your moral rights in your content to the maximum extent permitted by

applicable law; and you warrant and represent that all other moral rights in your content have been

waived to the maximum extent permitted by applicable law.

• Without prejudice to our other rights under these general terms and conditions, if you breach our

rules on content in any way, or if we reasonably suspect that you have breached our rules on

content, we may delete, unpublish or edit any or all of your content.

10. Use of Website and Mobile Applications

• In this section 10 words “marketplace” and "website” shall be used interchangeably to refer to

Cinab’s websites and mobile applications.

You may:

• view pages from our website in a web browser; download pages from our website for

caching in a web browser; print pages from our website for your own personal and noncommercial use, providing that such printing is not systematic or excessive; stream audio

and video files from our website using the media player on our website; and use our

marketplace services by means of a web browser, subject to the other provisions of these

general terms and conditions.

• Except as expressly permitted by above section or the other provisions of these general

terms and conditions, you must not download any material from our website or save any

such material to your computer.

• You may only use our website for your own personal and business purposes in respect of

selling or purchasing products on the marketplace.

• Except as expressly permitted by these general terms and conditions, you must not edit or

otherwise modify any material on our website.

• Unless you own or control the relevant rights in the material, you must not: republish

material from our website (including republication on another website); sell, rent or sublicense material from our website; show any material from our website in public; exploit

material from our website for a commercial purpose; or redistribute material from our

website.

• Notwithstanding section, you may forward links to products on our website and redistribute our

newsletter and promotional materials in print and electronic form to any person.

• We reserve the right to suspend or restrict access to our website, to areas of our website and/or to

functionality upon our website. We may, for example, suspend access to the website during server

maintenance or when we update the website. You must not circumvent or bypass, or attempt to

circumvent or bypass, any access restriction measures on the website. You must not:

• use our website in any way or take any action that causes, or may cause, damage to the website or

impairment of the performance, availability, accessibility, integrity or security of the website; use

our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection

with any unlawful, illegal, fraudulent or harmful purpose or activity; hack or otherwise tamper with

our website; probe, scan or test the vulnerability of our website without our permission;

• circumvent any authentication or security systems or processes on or relating to our website; use

our website to copy, store, host, transmit, send, use, publish or distribute any material which

consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger,

rootkit or other malicious computer software;

• impose an unreasonably large load on our website resources (including bandwidth, storage capacity

and processing capacity); decrypt or decipher any communications sent by or to our website without

our permission;

• conduct any systematic or automated data collection activities (including without limitation

scraping, data mining, data extraction and data harvesting) on or in relation to our website without

our express written consent;

• access or otherwise interact with our website using any robot, spider or other automated means,

except for the purpose of search engine indexing; use our website except by means of our public

interfaces; violate the directives set out in the robots.txt file for our website;

• use data collected from our website for any direct marketing activity (including without

limitation email marketing, SMS marketing, telemarketing and direct mailing); or do

anything that interferes with the normal use of our website.

11. Copyright and trademarks

Subject to the express provisions of these general terms and conditions:

a. we, together with our licensors, own and control all the copyright and other intellectual

property rights in our website and the material on our website; and

b. all the copyright and other intellectual property rights in our website and the material on our

website are reserved.

• Cinab’s logos and our other registered and unregistered trademarks are trademarks belonging to us;

we give no permission for the use of these trademarks, and such use may constitute an infringement

of our rights.

• The third party registered and unregistered trademarks or service marks on our website are the

property of their respective owners and we do not endorse and are not affiliated with any of the

holders of any such rights and as such we cannot grant any license to exercise such rights.

12. Due diligence and audit rights

• We operate an anti-fraud and anti-money laundering compliance program and reserve the right to

perform due diligence checks on all users of the marketplace.

• You agree to provide to us all such information, documentation and access to your business

premises as we may require:

a. in order to verify your adherence to, and performance of, your obligations under these terms

and conditions;

b. for the purpose of disclosures pursuant to a valid order by a court or other governmental body;

or as otherwise required by law or applicable regulation.

13. Cinab’s role as a marketplace

You acknowledge that:

• Cinab facilitates a marketplace for buyers and third-party sellers or Cinab, where Cinab is the seller

of a product; the relevant seller of the product (whether Cinab is the seller or whether it is a thirdparty seller) shall at all times remain exclusively liable for the products they sell on the marketplace;

and in the event that there is an issue arising from the purchase of a product on the marketplace,

the buyer should seek recourse from the relevant seller of the product by following the process set out in Cinab’s Dispute Resolution Policy .

• We commit to ensure that Cinab, or third-party sellers, as applicable, submit information relating to their products on the marketplace that is complete, accurate and up to date and pursuant thereto:

a. the relevant seller warrants and represents the completeness and accuracy of their

information published on our marketplace relating to their products;

b. the relevant seller warrants and represents that the material on the marketplace is up to

date; and

c. if a buyer has a complaint relating to the accuracy or completeness of the product

information received from a seller (including where Cinab is the seller), the buyer can seek

recourse from the relevant seller by following the process set out in the Cinab’s Dispute

Resolution Policy.

• We do not warrant or represent that the marketplace will operate without fault; or that the

marketplace or any service on the marketplace will remain available during the occurrence of events

beyond Cinab’s control (force majeure events) which include but are not limited to; flood, drought,

earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks

on the marketplace; terrorist attacks, civil war, civil commotion or riots; war, threat of or

preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which

materially and adversely affect the political or macro-economic stability of the territory as a whole.

• We reserve the right to discontinue or alter any or all of our marketplace services, and to stop

publishing our marketplace, at any time in our sole discretion without notice or explanation; and

you will not be entitled to any compensation or other payment upon the discontinuance or

alteration of any marketplace services, or if we stop publishing the marketplace. This is without

prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of Cinab.

• If we discontinue or alter any or all of our marketplace in circumstances not relating to force

majeure, we will provide prior notice to the buyers and sellers of not less than fifteen (15) days with

clear guidance on the way forward for the pending transactions or other existing liabilities of Cinab.

• We do not guarantee any commercial results concerning the use of the marketplace.

• To the maximum extent permitted by applicable law and subject to section below, we exclude all

representations and warranties relating to the subject matter of these general terms and

conditions, our marketplace and the use of our marketplace.

14. Limitations and exclusions of liability

• Nothing in these general terms and conditions will:

14.1.1 limit any liabilities in any way that is not permitted under applicable law; or

14.1.2 exclude any liabilities or statutory rights that may not be excluded under applicable law

• The limitations and exclusions of liability set out in this section 14 and elsewhere in these general

terms and conditions:

• 14.2.1 are subject to section 14.1; and

• 14.2.2 govern all liabilities arising under these general terms and conditions or relating to the

subject matter of these general terms and conditions, including liabilities arising in contract, in tort

(including negligence) and for breach of statutory duty, except to the extent expressly provided

otherwise in these general terms and conditions.

15. Indemnification

You hereby indemnify us, and undertake to keep us indemnified, against:

• any and all losses, damages, costs, liabilities and expenses (including without limitation legal

expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred

or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach

by you of any provision of these general terms and conditions or the Cinab codes, policies or

guidelines; and any VAT liability or other tax liability that we may incur in relation to any sale, supply

or purchase made through our marketplace, where that liability arises out of your failure to pay,

withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction

16. Breaches of these general terms and conditions

If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Cinab codes, policies or guidelines in any way we may:

a. temporarily suspend your access to our marketplace;

b. permanently prohibit you from accessing our marketplace;

c. block computers using your IP address from accessing our marketplace;

d. contact any or all of your internet service providers and request that they block your access to

our marketplace;

e. suspend or delete your account on our marketplace; and/or

f. commence legal action against you, whether for breach of contract or otherwise.

• Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17. Entire agreement

These general terms and conditions and the Cinab codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

18. Variation

We may revise these general terms and conditions, the seller terms and conditions, and the Cinab codes, policies and guidelines from time to time.

The revised general terms and conditions shall apply from the date of publication on the marketplace.

19. No waiver

No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

20. Severability

• If a provision of these general terms and conditions is determined by any court or other competent

authority to be unlawful and/or unenforceable, the other provisions will continue in effect

• If any unlawful and/or unenforceable provision of these general terms and conditions would be

lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the

rest of the provision will continue in effect.

21. Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

22. Third party rights

• A contract under these general terms and conditions is for our benefit and your benefit, and is not

intended to benefit or be enforceable by any third party.

• The exercise of the parties' rights under a contract under these general terms and conditions is not

subject to the consent of any third party.

23. Law and jurisdiction

• These general terms and conditions shall be governed by and construed in accordance with the

laws of the territory.

• Any disputes relating to these general terms and conditions shall be subject to the exclusive

jurisdiction of the courts of the territory.

24.Our company details and notices

Our company details and notices

You can contact us by using the contact details listed in Appendix 1.

You may contact our sellers for after-sales queries, including any disputes, by requesting their contact details, including the full legal name of the Seller and where applicable the shop name, from Cinab in accordance with the Dispute Resolution Policy, pursuant to which Cinab shall be obliged to ensure that the seller is identifiable and clearly linked to the transaction in question.

• You consent to receive notices electronically from us. We may provide all communications and information related to your use of the marketplace in electronic format, either by posting to our website or application, or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.

Appendix

Cinab Website	Cinab Company Name	Cinab Company Number	Cinab Company Registered Address	Territory (Governing Law and Jurisdiction)	Phone Number	Email Address for Legal Notices
www.cinabs.com	Cinab group of Companies Limited	PVTDLULV3VA	X Building, Basement Floor (B4) Somalia	Somalia	07xxxxxxx	info@cinabs.com