Welcome to the ANANSE On-Line Market Platform (“the Platform”), Terms & Conditions for Use (“Terms” and/or “Agreement”). Please note that by accessing www.ananse.com and its related websites and other ancillary applications, you are agreeing to the following terms, including those available by hyperlink. Please note that these Terms/Agreement, therefore constitute a legally binding agreement between you, the commercial user of the Platform (“the Consumer/s”) and the Merchants who post and advertise their goods and products on the Platform. Upon acceptance by you, the Consumer, of the Terms by clicking the “Create Account”, button when registering an account and by accessing the Platform, you expressly enter into a binding Agreement with the Merchant.
USE OF THE ANANSE PLATFORM:The Consumer shall note that, as condition for your use of the platform, you agree to the following: As a Consumer and user of the Platform, you agree and understand that the agreement for the purchase of the products/goods is between you, the Consumer, and the Merchant. Therefore, this means that it is the Merchant who is legally responsible for selling you the product or goods. The use of the Platform shall be accessible to persons over the age of 18 years. ANANSE reserves the right at its discretion to refuse and/or delete content that it believes to be unlawful, inappropriate or in breach of these Terms or any other relevant policies. If ANANSE reasonably believes that a Merchant has breached the Terms or is in contravention of same, it may at its discretion notify you, the Consumer, and other interested third parties that have been in contact with the Merchant and recommend that they should exercise due diligence and caution when transacting with such Merchant. In the event that you are not satisfied with the product/goods you have purchased from the Merchant, then ANANSE requests that you make contact with us and we shall endeavour to resolve the matter in an amicable manner with the Merchant.
PURCHASING ON THE PLATFORMWhen you, the Consumer, purchases on the platform, the Merchant/(s) whose product/(s) you purchased, have up to 24 hours for ready-to-wear items and up to 48 hours, to confirm that they are able to fulfil the order. A Merchant may reach out to you, the Consumer, if they cannot provide the exact product/(s) but may provide a similar product with a slight variation, giving you, the Consumer, the option to proceed or decline the order. If you choose to decline the new proposed product, you will be immediately refunded, in full, including courier costs, by ANANSE.
ABUSING THE PLATFORM:ANANSE and its associated entities work to ensure that the Platform functions as intended, within a professional, secure environment. Please report any technical issues, offensive material and breaches to us by accessing www.ananse.com. Without limiting other relevant remedies, ANANSE may issue warnings, limit or terminate its services, remove hosted content and take technical and legal steps to bar Merchants from using ANANSE if it reasonably believes that they are in breach of the Terms or infringing upon third party rights. However, whether we decide to take any of these steps, remove hosted content or bar a Merchant from the Platform, we do not have any obligation to monitor or review the information transmitted or stored on the Platform and we do not accept any liability for unauthorized or unlawful content on the Platform or use of the Platform by Merchants.
ORDERS, FEES AND SERVICES:
In order to place an order with the Merchant, the Consumer shall make a payment via the payment gateway on the platform. The relevant cost for any particular product shall be the total cost of the product/goods posted or advertised, as well as any associated shipping costs.
By the use of the platform and completing the purchasing process by placing an order with the Merchant, you the Consumer shall have entered into a binding agreement with the Merchant. Such purchase and order shall be subject to these Terms, which are incorporated into your agreement with the Merchant. All orders and purchases are subject to availability and confirmation by the Merchant. Legal title to the product/goods purchased shall pass to you, the Consumer, upon your payment being accepted and risk in the product/goods shall remain with the Merchant until the product/goods are delivered to you at the address stipulated in your order. The Merchant shall ensure that the information related to the products/goods, is factually correct and remains so at all times. ANANSE shall further endeavour to ensure that the products/goods which are posted/advertised shall comply with all relevant laws and that packaging for the products/goods is appropriate and ready for the collecting courier and delivery service
Please note that when you, the Consumer, has placed your order on the Platform, we shall conduct a purchase verification process on behalf of the Merchant, once completed and the verification process is successful, we shall inform you, the Consumer, accordingly. However, in the event that there is an issue with such verification process, ANANSE reserves the right not to process the order and shall inform you, the Consumer, and the Merchant accordingly.
Please note that depending on your location or country where receipt of the product/goods will be delivered, you, the Consumer, may be subject to and liable to the relevant in-country import duties and/or taxes. When completing your order and purchase on the Platform, ANANSE may, but is not obliged to notify you whether such import duties and/or taxes are applicable. In the event that such import duties and/or taxes are not determinable, then the Consumer shall be liable for such upon receipt of the product/goods. In the event that information on the duties and taxes is not available or included upon the Consumer’s purchase of the product/goods, we urge you to contact your local customs office for such relevant information.
Please note that you can cancel your order within 14 days of receiving the order. You may log into your ANANSE account to cancel the order or send us an email stating the reasons for wanting to cancel the order. Please refer to our Returns and Refunds policy, on the Platform, when deciding to cancel your order. REFUNDS AND RETURNS Where you are purchasing from a merchant outside your country of residence, a return and refund is only permitted in circumstances where an incorrect or defective product was delivered. When the incorrect or defective product/goods are returned to the relevant Merchant, the Consumer shall be reimbursed for the purchase. Unfortunately, the cost associated with delivery is non-refundable. Where you are purchasing from a merchant within the borders of your country and the products are being returned for reasons other than a defective or incorrect product supplied, the Consumer shall be liable for the cost of returning the product/goods to the Merchant, in the event where they are in possession of the product/goods, when deciding to cancel their order and return it to the Merchant. You, the Consumer, will be refunded by Ananse within 7-10 business days for the cost of the item only. Unfortunately, you will not be refunded for the delivery costs incurred by you initially. Please note the Shipping & Returns Policy on the Platform as it may have a bearing on whether the product/goods may be returned by the Consumer.
CONTENT:ANANSE Platform contains material generated by itself and possibly you, the Consumer, and Merchants. The content displayed is protected by various intellectual property laws and international conventions. You agree not to copy, distribute or modify the content from ANANSE without express written consent. You may not disassemble, decompile, reverse engineer or attempt to discover the source code contained in the ANANSE website and Platform. When you provide ANANSE with posts or content you grant us and represent to us that you have the right to grant us, a non-exclusive, worldwide, perpetual, royalty free authorization to use that content, in any media platform whether now known or to be discovered in the future including without limitation, on any other 3rd party platforms and media channels. In addition, you waive all moral rights you have in the content to the fullest extent permitted by the law.
LIABILITY:Nothing contained in these Terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. However through the use of the Platform, the Consumer expressly agrees not to hold us responsible for any loss or damage arising as a result of the use of the Platform or a result of the use or reliance any content exhibited on the ANANSE website or the Platform by a Merchant. ANANSE is not obligated to review a Merchant’s posts/advertisements and is not involved in the actual commercial transaction between Merchants and Consumer/s. As most of the content on the Platform emanates from other Merchants, we do not guarantee nor warrant the accuracy of postings or Merchant communications or the quality, safety, or legality of what’s posted or offered.
RELEASE:In the event that you, as a Consumer, has an issue or a dispute with a Merchant, you release ANANSE (and our officers, directors, agents, subsidiaries, employees) from any and all claims, demands and damages (actual and consequential) of any kind, nature arising out of or in anyway connected with such dispute.
DATA PROTECTION AND PRIVACY:Please note that by using the Platform, you agree to the collection, transfer, storage and use of your personal information by ANANSE on servers located in your jurisdiction and in foreign jurisdictions. In certain instances, it may be necessary for ANANSE to process the data and information of a data subject, please note that we shall comply with our obligations under the applicable privacy and data protection laws in the relevant jurisdiction/s in which we conduct business (including but not limited to the Regulations (EU) 2016/679 (EU General Data Protection Regulation “GDPR”). This obligation shall include, but is not limited to the following: • Providing appropriate safeguards for the transfer of personal information and data to a third country or international organization; • Processing the personal information and data received exclusively for the purpose we received the information for; • Deleting the personal information and data received under this Agreement, immediately after the respective purpose has been lawfully fulfilled; and • Any further processing of the personal data is not permitted except when legally required or with the express consent of the data subject.
GENERAL:This Agreement shall constitute the entire agreement between ANANSE and you the Consumer and supersedes all prior understandings and agreements, whether oral or written, between ANANSE and you regarding use of the Platform. These Terms/Agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of South Africa, and the Parties agree to primarily resolve any disagreement by way of Mediation or Arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”). In the event that the Parties fail to reach agreement by means of dispute resolution, the Parties submit to the exclusive jurisdiction of the High Court South Gauteng of the Republic of South Africa, for purposes of any or all legal proceedings arising from or concerning this Agreement. If any provision of these Terms/Agreement is found to be illegal, invalid or unenforceable under applicable law, such provision shall, insofar as it is severable from the remaining provisions, be deemed omitted from these Terms/Agreement and shall in no way affect the legality, validity or enforceability of the remaining provisions of these Terms/Agreement
Welcome to the ANANSE On-Line Market Platform (“Platform”), for the objective of facilitating the sale and purchase of products/goods (“Services”). Please note that by accessing www.ananse.com and its related websites and other ancillary applications, you are expressly agreeing to the following terms and conditions (“Terms/Agreement”), including any ancillary relevant policies. Please note that these Terms/Agreement, therefore constitute a legally binding agreement between you, the Merchant and ANANSE and are effective from upon your, as the Merchant stipulated in these Terms. As a Merchant in order to enter into commercial transactions using the Platform with purchasing third parties (“Consumers”), you must click the “Create Account” button in order to register an account on the Platform, this process shall enable you to post or advertise material for commercial use.
USE OF ANANSE SERVICES AND PLATFORM:As a condition for your use of the Platform, you, the Merchant agree that you will not engage in the following:
As a Merchant, you are solely responsible for all information that you post and submit on the Platform and are liable for the consequences that may result from such conduct. ANANSE reserves the right, at its discretion, to refuse and/or delete content posted on the Platform that it believes to be unlawful, inappropriate or in breach of the Terms. ANANSE also reserves the right, at its discretion, to restrict a Merchant’s usage of the Platform, temporarily or permanently, or delete a Merchant’s registration. If ANANSE reasonably believes that a Merchant has breached the Terms or is in contravention of the same, it may at its discretion notify and inform other ANANSE users (both Merchants and Consumers) that have been in contact with you, the Merchant and recommend that they exercise due diligence and caution.
ANANSE and its associated entities shall endeavour to ensure that the Platform functions as intended, within a professional secure environment. Please report any technical issues, offensive material and breaches to us by accessing www.ananse.com.
Without limiting other relevant remedies, ANANSE may issue notifications, warnings or terminate the Services, remove hosted content and take technical and legal steps to bar Merchants from using ANANSE if it is reasonably determined that they are in breach of the Terms/Agreement or are infringing upon third party rights and/or Consumer rights. However, whether we decide to take any of these steps, remove hosted content or bar a Merchant from the Platform, ANANSE does not assume any obligation to monitor or review the information transmitted or stored on the Platform and we do not accept any liability for unauthorized or unlawful content on the Platform or use of the Platform by Merchants.
As part of the service which ANANSE offers as an on-line market platform, it reserves the right to display your post on other websites or associated third party platforms. By using the Platform, you, the Merchant, expressly agree that your posts can be displayed on these platforms and other related media platforms and channels. The aforementioned platforms may have their own terms and conditions and may be subject to additional laws or other restrictions in the countries or territories in which your post is published.
FEES AND SERVICES:The downloading and use of the ANANSE Point of Sale application (“POS”) is free of charge. However, the use of the POS to enter into a successful transaction with a Consumer shall incur reciprocal charges for both the Merchant and the Consumer when this transaction occurs via the platform only, NOT when it happens in your physical store or other location belonging to another party except ANANSE. These charges shall be calculated according to the total cost fees of the product/goods posted or advertised on the Platform, in the following manner:
When a Consumer elects to purchase your products/goods and by their use of the POS and completing the purchasing process through an order with you the Merchant, the Consumer shall have entered into a binding agreement with you the Merchant (extraneous of ANANSE). Such purchase and order shall be subject to these Terms, which are incorporated into your agreement with the Customer. All orders and purchases are subject to availability and confirmation by you the Merchant. Legal title to the product/goods purchased shall pass to the Consumer upon your payment for the products/goods being accepted by you the Merchant and risk in the product/goods shall remain with the Merchant until the product/goods are delivered to the Consumer at the address stipulated in their order.
In the event that the Merchant utilizes the Platform to post/advertise its products/goods, it shall ensure that the information relevant to such, is factually correct and remains so at all times. The Merchant shall further ensure that the products/goods which are posted/advertised shall comply with all relevant laws and that packaging for the products/s is appropriate and ready for the collecting courier or delivery service.
Please note that when the Consumer has placed their order on the Platform, ANANSE shall conduct a purchase verification process on your behalf, the Merchant, and once completed and the verification process is successful, we shall inform the Consumer accordingly. However, in the event that there is an issue with the verification process, ANANSE reserves the right not to process the order and shall inform you, the Merchant, and the Consumer accordingly.
Please note that depending on where the Consumer is located or in which country the product/goods will be delivered, the Consumer may be subject to and liable to the relevant in-country import duties and/or taxes. When the Consumer completes their order and purchase on the Platform, ANANSE shall endeavor to notify you, the Merchant, and the Consumer as to whether such import duties and/or taxes are applicable. In the event that such import duties and/or taxes are not determinable, then the Consumer shall be liable for such upon receipt of the product/goods. In the event that information on the duties and taxes is not available or included upon the Consumer’s purchase of the product/goods, ANANSE shall advise the Consumer to contact their local customs office for such relevant information.
You, the Merchant will be paid for a sale on the Platform once the Customer returns period has expired. You, the Merchant, will receive an amount equivalent to the total sale value of the product sold, less the transaction fee due to ANANSE and any other costs which you, as the Merchant, may be liable for. If you are based in any one of the countries listed below, you, the Merchant, can choose to receive payment in your local currency if the Customer purchased in your local currency or in US dollars (USD). If a Customer made payment in any other currencies, except for your local currency or USD, you can only receive payment in US dollars (USD).
If you, the Merchant, are based in another countries, not listed above, you can only receive payment in US dollars (USD).
ORDER FULFILMENT CONFIRMATION:Once an order is placed on the Platform for your product/(s), you will receive an email notification of this order. Confirmation of Ready-To-Wear Products For sale of products that you have listed as Ready-To-Wear, you have 24 hours, from receipt of this email notifying you of the order, to confirm, in writing, that you are able to fulfil the order in the exact description provided on the Platform. If you are able to supply a variation of the product, you will have to confirm this in writing to the Customer and the Customer will have to reply in writing, stating if the new product proposed by you, the Merchant, is acceptable or not. If the Customer chooses to decline the new product proposed by you, the Merchant, the customer will be refunded immediately, in full, including delivery costs, by ANANSE. If you, the Merchant, confirms that you are able to fulfil the order, you will then have up to 24 hours to have the order packaged and ready for delivery. If you do not confirm the order within 48 hours of receiving the email notifying you of the order, ANANSE will cancel the order and refund the Customer in full, including delivery costs charged, immediately.
Confirmation of Made-To-Order (MTO) Products
For sale of products that you have listed as Made-To-Order (MTO), you have 48 hours, from receipt of the email notifying you of the order, to confirm, in writing, that you are able to fulfil the order in the exact description provided on the Platform. If you are able to supply a variation of the product, you will have to confirm this in writing to the customer and the Customer will have to reply in writing, stating if the new product proposed by you, the Merchant, is acceptable or not. If the Customer chooses to decline the new product proposed by you, the Merchant, the customer will be refunded in full, including delivery costs paid for the order, by ANANSE. If you, the Merchant, confirms that you are able to fulfil the order, you will then have up to 14 days to have the order ready for delivery. If you do not confirm the order within 48 hours of receiving the email notifying you of the order, ANANSE will cancel the order and refund the Customer in full, including delivery costs charged, immediately.
CANCELLING AN ORDER:Please note that within 14 days of the Consumer having received the order, the Consumer, may inform ANANSE by email of their decision to cancel the order after they have received it. When the product/goods are returned to you, the Merchant, the Consumer shall be reimbursed for the purchase. However, the Consumer shall be liable for the cost of returning the product/goods to you, the Merchant, in the event where the Consumer is in possession of the product/goods, when deciding to cancel their order and return such to you, the Merchant. Please note the Shipping and Returns Policy on the Platform as this may have a bearing on whether the product/goods may be returned to you, the Merchant, by the Consumer.
CONTENT:The ANANSE Platform contains materials generated by itself, you and other Merchants. The content displayed is protected by various intellectual property laws and international conventions. You, the Merchant, agrees not to copy, distribute or modify the content from the Platform without express written consent from ANANSE. You may not disassemble, decompile, reverse engineer or attempt to discover the source code contained on the Platform. When you provide ANANSE with posts or content you grant us and represent to us that you have the right to grant us, a non-exclusive, worldwide, perpetual, royalty free authorization to use that content, in any media platform whether now known or to be discovered in the future including without limitation, on any other 3rd party platforms and media channels. In addition, you waive all moral rights you have in the content to the fullest extent permitted by the law.
LIABILITY:Nothing contained in these Terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. However, through the use of the Platform, you the Merchant expressly agrees not to hold us responsible for material that you post or for your conduct in relation thereto. ANANSE is not obligated to review the Merchant’s posts/advertisements and is not involved nor is it a party to the actual commercial transaction between you, the Merchant, and the Consumer. As most of the content on the Platform emanates from other Merchants, we do not guarantee, nor warrant, the accuracy of postings or Merchant communications or the quality, safety, or legality of what’s posted or offered.
RELEASE:In the event that you have an issue or a dispute with a Consumer and/or third party, you, as the Merchant, release us, ANANSE (and our officers, directors, agents, subsidiaries, employees) from any and all claims, demands and damages (actual and consequential) of any kind, nature arising out of or in anyway connected with such dispute.
DATA PROTECTION AND PRIVACY:Please note that by using ANANSE, you agree to the collection, transfer, storage and use of your personal information by ANANSE on servers located in your jurisdiction and in foreign jurisdictions. In certain instances, it may be necessary for you, the Merchant to process the data and information of a data subject, please note that you, as the Merchant, shall comply with your obligations under the applicable privacy and data protection laws in the relevant jurisdiction/s in which you conduct business (including but not limited to the Regulations (EU) 2016/679 (EU General Data Protection Regulation “GDPR”). This obligation shall include, but is not limited to, the following:
This Agreement shall constitute the entire agreement between ANANSE and you the Merchant and supersedes all prior understandings and agreements, whether oral or written, between ANANSE and you the Merchant with regard to the subject matter hereof. No agency, partnership, joint-venture, employee-employer or franchiser-franchisee relationship shall be created by these Terms/Agreement. These Terms/Agreement shall be governed by and construed in all respects in accordance with the laws of the Republic of South Africa, and the Parties agree to primarily resolve any disagreement by way of Mediation or Arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (“AFSA”). Should the Parties fail to reach agreement by means of dispute resolution, the Parties submit to the exclusive jurisdiction of the High Court South Gauteng in the Republic of South Africa, for purposes of any or all legal proceedings arising from or concerning this Agreement. If any provision of these Terms/Agreement is found to be illegal, invalid or unenforceable under applicable law, such provision shall, insofar as it is severable from the remaining provisions, be deemed omitted from these Terms/Agreement and shall in no way affect the legality, validity or enforceability of the remaining provisions of these Terms/Agreement.
fr
EUR
GBP
GHS
KES
NGN
RWF
TZS
UGX
XOF
ZAR
