This agreement
This agreement is made between you, the vendor (the vendor) who will henceforth use Selina Wamucii Platform (the platform) to sell your produce to buyers (the buyer), and Selina Wamucii Platform (the platform) regarding your usage of the platform. Throughout this agreement, the two parties can be variously referred to as the vendor, vendor on the one side; and Selina Wamucii Platform or the platform. 

Consent
The moment you sign up to use this platform as a vendor, you automatically consent and agree to be bound to the terms herein of this agreement. This agreement is the one that will be used in a court of law should any issues arise between you and the usage of the platform including your transaction with buyers. By agreeing to and accepting this agreement, you have officially signed and your acceptance and agreement hereof represents your official binding signature to this agreement.   

Disclaimer
Selina Wamucii is a marketplace platform for Africa’s food and agricultural produce. Through Selina Wamucii, producers are able to sell directly to markets within Africa and anywhere across the world. Buyers, on the other hand, can easily source, buy or import produce from any African country. This platform provides the technology, tools and or resources that make it easy for producers and buyers to trade and transact securely. Therefore, Selina Wamucii is not a vendor, farmer, seller, manufacturer, owner of produce, producer,or their agent (s)/representative(s) and will not be responsible, held responsible, or hold brief for any vendor, seller or their agents/representatives. 

Commission
Selina Wamucii applies a flat platform success fee to vendors, being a percentage of the vendor’s total earnings. The commission is applicable only when you make a successful sale. Additionally,and unless the system fails in which case please consult Selina Wamucii, whenever you put a price for your product while listing it, your net earnings per unit e.g per tonne will always be indicated. This commission percentage might be adjusted from time to time.

Quality expectations
It is upon you as the vendor and the buyer purchasing your produce to be crystal clear of expectations of the quality specifications before you start to process any order. Selina Wamucii advises you to only accept orders you are 100% sure to deliver on buyer expectations in order to avoid issues that often delay your payments and or spoil your business relationship with buyers. Selina Wamucii will secure your earnings; therefore your utmost responsibility is to deliver on buyer expectations. When you sell your produce through this platform, you will never have to worry about buyers failing to release the money because Selina Wamucii will already have the money by the time you start to process the order. It means you have peace of mind to solely focus on processing the order according to specifications. You retain the power to decline an order whose specifications you feel you will not be able to meet. In the event of issues arising from shipped goods that may lead to delay of transactions, the responsibility of solving the issue remains entirely between vendor and the buyer. Selina Wamucii will however provide the technology to ensure transparency and accountability. This makes it easy to trace the source of the issue, apportion responsibility and help the vendor and the buyer to arrive at a comfortable solution. With Selina’s technology, tracking and timelines, Selina Wamucii does not expect complex situations. Selina Wamucii will not be involved in direct dispute resolution between vendor and buyer, but provides the technology and tools that largely reduce risks and arising of disputes. 

Communication
To help secure your transactions, you must strictly communicate directly with buyers within the platform without exchanging contact details. This is indeed one of the most practical ways that Selina Wamucii uses to create an efficient platform that focuses on trading while reducing risks of unethical business cases such as fraud. Violation of this guideline will be interpreted to be a violation of this agreement, like any others within the agreement, and will lead to suspension from the platform as well as demand of payments/refunds and or prosecution in a court of law should such violation(s) lead to losses be it by way of expenses or lost revenue by Selina Wamucii directly or indirectly. 

Payments & Timelines
All official payment options accepted by Selina Wamucii will always appear listed at order placement. Please note that all shipments are continuously tracked by Selina Wamucii, therefore while the buyer is required to confirm receipt as formality, the platform does not rely entirely on the buyer’s confirmation. The vendor’s earnings per sale are held securely by Selina Wamucii and released to the vendor upon order completion ie. once the buyer receives the shipment. Payments to vendors are released within 10 working days maximum from the day the buyer confirms receipt of goods. Please note that all shipments are continuously tracked by Selina Wamucii, therefore while the buyer is required to confirm receipt as formality, the platform does not rely entirely on the buyer’s confirmation. 

Insurance: While Selina Wamucii will always take all measures to consistently deploy tools that reduce risks of shipments going wrong and leading to delayed payments to vendors, it is advisable for the vendor to coordinate with the buyer and make insurance arrangements. If you already have insurance for your shipments as a vendor, please indicate so when uploading your products or when registering as a vendor. Insurance is the easiest way to avoid losses in the event that something goes wrong, especially for very high value shipments. 

Signatures: An electronic signature is any electronic process, sound, or symbol that is related to an agreement and executed with the intention to sign that given agreement. You hereby agree that the process of including this very document on the Selina Wamucii platform constitutes a binding electronic signature by Selina Wamucii Platform and clicking the Agreement checkbox during the process of account creation represents your binding electronic Vendor signature for this agreement.

Content
By agreeing to this agreement here, you officially grant the royalty-free use of any content you submit to Selina Wamucii, partners and affiliates etc. You represent that you own any or all content you submit or you have the full right to distribute the content. You will always be responsible for any violation of rights for any unauthorized content. 

Jurisdiction
Any issues with Selina Wamucii shall be adjudicated in a Kenyan court and you agree to exclusive jurisdiction of courts in this country. This agreement shall be governed by Kenya law, without regard to conflict of laws or principles thereof.

Disputes
You agree to release Selina Wamucii from claims, demands, and damages related to transaction disputes not directly related to the Selina Wamucii Platform. If a dispute arises, vendors and buyers are directed to work with each other to come to an amicable resolution. 

Indemnity/limitation of Liability
You will indemnify, defend, and hold harmless Selina Wamucii and all its affiliates (and their respective directors, employees, agents, representatives etc ) from and against any and all forms of claims, costs, losses, damages, judgments, penalties, interest and expenses (including fees of attorneys) arising from any claim, audit, inquiry, investigation, or any other or proceeding initiated by an entity or person that arises from or relates to: (i) any alleged or actual breach of your warranties, representations, or obligations set forth in this agreement; or (ii) your own website or any other sales channels, the items you sell, any form of content you provide, the advertisements, offers, sale or return of any items you sell, any alleged or actual infringement of any lawfull proprietary rights or intellectual property or by any items you sell or content you do provide, or the collection, payment or failure to collect or pay any taxes. SELINA WAMUCII WILL NOT BE LIABLE AT ALL FOR ANY DAMAGES OF WHATEVER KIND, INCLUDING WITHOUT LIMITATION INCIDENTAL, DIRECT, INDIRECT,CONSEQUENTIAL , PUNITIVE DAMAGES, ARISING FROM OF OR IN RELATION TO THIS PLATFORM AGREEMENT, THE MARKETPLACE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE OR THE PLATFORM, OR THOSE RESULTING FROM ANY SERVICES OR GOODS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE/PLATFORM. 

Warranty
The Selina Wamucii marketplace (selinawamucii.com) is provided as is and without warranty. Selina Wamucii makes no warranties of any kind, expressed or implied. Selina Wamucii will provide best effort to ensure Selina Wamucii is available 24 hours-a-day 365 days- a-year, but we do not guarantee Selina Wamucii will always be available. Selina Wamucii will not be liable for any loss due to Selina Wamucii not being available. Selina Wamucii will not be liable for any loss due to errors in our software or the software of others that we use.

Termination of use
Selina Wamucii reserves the absolute right to monitor all Vendor accounts to determine if laws or policies are being broken. Any fraudulent or illegal or activity may be reported by Selina Wamucii to law enforcement or other third parties. Upon termination, Vendor must pay Selina Wamucii any fees arising from or were incurred prior to the effective date of termination. 

Return Policy
For all of your transactions you will accept, and process returns, refunds and adjustments. The buyer is always subject to the Vendor’s return policy. You will accurately determine and calculate the amount of all refunds and adjustments (including any taxes, handling or shipping and or other charges) or other amounts to be paid by you to buyers in connection with Selina Wamucii marketplace purchases and work directly with your payment processors. You will promptly provide refunds and any adjustments that you are obligated to as required by the law, and in no case later than thirty (30) working days after the obligation arises. If the money due to the vendor is part of the money held by Selina Wamucii in your account, Selina Wamucii will send the money to the buyer upon your authorization/instructions. 

Taxes
It is the Vendor’s responsibility to always collect and remit any taxes associated with a transaction. Selina Wamucii will not be held responsible for the collection or lack of collection of any taxes due to the use of Selina Wamucii. Selina Wamucii is not responsible for determining when tax should be charged or paid. 

Vendor Restrictions
Vendors cannot list or sell any items that: infringe upon intellectual property rights or are fake, illegal, stolen or counterfeit. Furthermore, Vendors are required to meet all customer terms and conditions required by all applicable Regulations. Items listed for sale must always be listed on the correct item page and alongside accurate description of the products must be given. All accounts of Vendors can be limited in a way that allows them to make a certain specified amount of transactions within a given time at the sole discretion of Selina Wamucii. Transactions must take place between two different entities, individuals, organizations . Selina Wamucii reserves the right to refuse service to anyone at any time for any reason. Selina Wamucii reserves the right to prohibit the sale of any item in the marketplace. At Selina Wamucii’ discretion, products can be removed at any time without any prior notice. The way listings appear may change without notice to users of this marketplace (Vendors or Buyers). Vendors are required to only list items and quantities they are able and willing to sell in the delivery timeline they specify. Vendors are always required to strictly sell items at the prices they listed to customers who meet their terms. By listing an item for sale on Selina Wamucii you agree that you have the full right to sell that item, that you have got unrestricted access to the item and that the description provided in the listing is accurate and complete. Vendors are required to ship an order within reasonable duration and communicate the expected time of arrival clearly to the buyer. Failure to ship by the provided date without any prior explanation may be grounds for termination of your Account. At any point in time Selina Wamucii reserves the right to require the Vendor to provide a “letter of supply”. The Vendor agrees to not compete with Selina Wamucii and its successors and assigns directly or indirectly by creating or having any form of ownership stake in a any form of multi-Vendor platform or marketplace for the duration of this agreement and for a duration of twelve months following the termination of this agreement. The vendor acknowledges that Selina Wamucii may or shall in reliance of this agreement provide the Vendor access to valuable trade secrets, customers, and other confidential data and that this agreement officially protects Selina Wamucii and its good will thereof. The Vendor agrees to retain the said information as strictly confidential and not to ever use said information on her or his own behalf or disclose same to any third party. 

Shipping Expectations
All shipping fees, taxes,and comprehensively all costs of the produce plus your intended margin are included in your stated prices. All orders accepted should be shipped to customers within the timeline you have committed to in your item posting or during coordinated discussions with platform handlers/buyers or their agents. It is your full responsibility to promptly deliver the items contained within an order to the Buyer.

Eligibility Requirements
Listing items for sale on Selina Wamucii is strictly limited only to those parties or entities who or that can lawfully enter into a contract. Minors are not permitted to buy or sell on Selina Wamucii. To successfully list items for sale you must supply your organization details as per the registration guidelines. 

Account Set-up
You must always login with an existing account or complete the registration process in order to create an account complete with a username and password (the “Account”) so that you can make full use of selling on the marketplace. You are fully responsible for protecting your details including password. You must always provide current, accurate, and complete information, and you must always update such information in a timely manner in order to maintain its accuracy, completeness and usefulness. Any use of this Site through your Account will be deemed as being used by you. Selina Wamucii is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and nonassignable. 

The marketplace
Selina Wamucii provides an online service that allows Vendors to sell their products to buyers. Selina Wamucii does not act as the agent for either Vendors or buyers. Selina Wamucii service provides a platform for these transactions to take place.

Conflict Resolutions
In case of any issues that may arise as is usually normal due to the unpredictable nature of food and agricultural produce trade, Selina Wamucii advises the following advise/guidelines for speedy resolution and release of payments to the vendors:

The buyer is advised to:

  • Clear goods from the airport/seaport immediately they arrive
  • Check the condition of the goods immediately they arrive in their warehouse
  • Confirm the state of the shipment to Selina Wamucii and the Vendor via the Selina Wamucii system
  • Take a video of the goods and send it to Selina Wamucii and the Vendor via the Selina Wamucii system
  • Raise any issues immediately with evidence to Selina Wamucii and the vendor via the Selina Wamucii system
  • All issues should be raised within 72 hours of the shipment arriving at the buyer’s warehouse. 
  • Upon the elapse of the 72 hours and in absence of any clarification or update from the buyer or vendor, Selina Wamucii will be free to take actions including assuming the goods have arrived in good order. 
  • Once the main issue if any is agreed on between the buyer and the vendor, they will be required to arrive at a resolution and inform Selina Wamucii of this resolution within 10 working days. Part of the resolution should include the amount of money that should be released by Selina Wamucii to the vendor. 

The vendor is advised to:

  • Be patient and carefully scrutinize the report from the buyer
  • Be sure to understand what exactly the problem is
  • Agree with the buyer on a concrete resolution
  • Make the agreement formal if need be especially for long term engagements.

In case the goods received by the buyer do not meet the expectations due to various causes including damages, poor quality, wrong specifications or missing goods among others, both the vendor and buyer are expected to come to a speedy conclusion and communicate the agreed resolution to Selina Wamucii.

Vendor Agreement
Always, by accepting to process an order from any buyer, I agree and commit, that:

I have understood the requirements of the buyer,

I have the capability and capacity to meet the buyer’s requirements,

The produce I ship meets the buyer’s requirements,

I understand the implications of sending produce/goods that do not meet the buyer’s specifications,

Some of the implications may include me forfeiting part or all of my payment from the buyer.

In case any issue arises, I am willing to participate fully in resolving it and be patient until it is resolved before receiving my payment. 

I understand that resolving issues might take long, leading to delayed payments

I understand that Selina Wamucii will never be involved and or come in whatever way for issues to do with conflicts arising as a result of the produce shipped. 

I understand that Selina Wamucii is simply a platform that enables me to trade/sell my produce and that I am therefore fully responsible and accountable for the produce I ship to any buyer around the world. 

Vendor presence at destination
As a vendor you have the freedom to travel, follow your produce and be present when your produce arrives at destination, so that you can physically participate in receiving and inspecting the goods..You can do this by yourself or through your representatives/agents. Please note that you will bear all the costs of travel including, visa, accomodation and meals unless of course your host buyer opts to cover part or all your costs. Please note that for high value goods involving a lot of money, Selina Wamuci strongly advises physical participation by both the vendor and the buyer especially at the most critical stages of the value chain such as harvesting, grading packing, loading for transit and setting transit conditions, clearing at the airport, and inspection once at the buyer’s premises.While this can be an expensive undertaking, it reduces chances of complex issues arising, and makes it possible to quickly agree on the problem and solution between the two parties i.e vendor and buyer. 

Avoiding challenges
Selina Wamucii recommends the following actions as best safeguards towards avoiding common challenges between vendor and buyer:

  1. Before starting to process an order, ensure you understand clearly the specifications of the buyer
  2. Make a list fo all the buyer’s specifications and tick each of them to ensure you understand them 
  3. Ensure and confirm that you are able to meet the specifications.
  4. Be sure to ship the produce in the right conditions by holding discussions with the shipping company to ensure they will meet your requirements especially transit conditions.
  5. Always clarify with the buyer in case of specification that you do not understand/are not very clear to you. 
  6. Always negotiate to reach an amicable solution with the buyer whenever you feel some of the specifications/requirements are unreasonable. 

Guiding checklist for ensuring you meet buyer’s requirements/specifications (NOT EXHAUSTIVE): 

  1. Maturity
  2. Moisture content
  3. Spots
  4. Sizes
  5. Cleanliness
  6. Weights
  7. Packaging
  8. Branding
  9. Grades
  10. Pre-cooling
  11. Transit temperature
  12. Transit humidity
  13. Date of harvest
  14. Date of storage
  15. Number of days in warehouse
  16. Number of days in transit
  17. Shelf-life after readiness
  18. How many days to ripen at room temperature
  19. How many days to ripen in cold storage
  20. Shelf life after ripening
  21. Total shelf life in days
  22. Labeling

The buyer has the freedom to be present during processing of their order either by themselves or through their representatives/agents? Please note the buyer bears all costs for their travel including visa,accommodation and meals unless the vendor opts to welcome buyer at their cost.

Dispute duration
Whenever a dispute arises between vendor and buyer, Selina Wamucii expects the parties to reach a resolution within 10 working days. If no resolution is reached within this duration, Selina Wamucii will seek ways to bring the dispute to an amicable end, in the role of unbiased arbiter. In case Selina Wamucii will not be able to guide the two parties to a solution, the parties will be free to seek other options of redress including a court of law. 

Termination
If you wish to terminate this agreement please email info@selinawamucii.com. Your termination will be officially confirmed and communicated via the same email by Selina Wamucii. 

Updates
This agreement is not final. This agreement will change from time to time. While any changes will always be communicated, please make a point of always checking this page for changes and updates as Selina Wamucii will not be held liable for non-delivered communication.