Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you
must read these terms and conditions to make sure that they contain all that you want and nothing that you are
not happy with. If you are not sure about anything, just phone us on +256772338791/+971555824683.
Application
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). Weare
The Palm Association - SMC Limited trading as Masape E-Shop of Entebbe, Wakiso Uganda with email
address connect@masape.shop | info@thepalmgroups.com; telephone number
+256772338791/+971555824683;(the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to bebound
by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and
Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and
are at least 18 years old.
Interpretation
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her
trade,business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied,
asset out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be
addressedpersonally to the recipient, enables the recipient to store the information in a way accessible for
future reference for a period that is long enough for the purposes of the information, and allows the unchanged
reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description asset
out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step bystep
process set out on the Website;
9. Privacy Policy means the terms which set out how we will deal with confidential and personalinformation
received from you via the Website;
10. Website means our website https://masape.shop on which the Goods are advertised.
Goods
11. The description of the Goods is as set out in the Website, catalogues, brochures or other form
ofadvertisement. Any description is for illustrative purposes only and there may be small discrepancies in the
size and colour of the Goods supplied.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that
anyinformation or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or
safetyrequirement. We will notify you of these changes.
Personal information and Registration
15. When registering to use the Website you must set up a username and password. You remainresponsible for
all actions taken under the chosen username and password and undertake not to disclose your username and
password to anyone else and keep them secret.
16. We retain and use all information strictly under the Privacy Policy.
17. We may contact you by using e-mail or other electronic communication methods and by pre-paid postand
you expressly agree to this.
Basis of Sale
18. The description of the Goods in our website does not constitute a contractual offer to sell the Goods.When
an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you
the reason without delay.
19. The Order process is set out on the Website. Each step allows you to check and amend any errorsbefore
submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. A Contract will be formed for the sale of Goods ordered only when you receive an email from
usconfirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and
accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order
placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an
email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a
reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied
under the Contract.
21. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw itat an
earlier time.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be madeafter
it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as aConsumer. If
this is not the case, you must tell us, so that we can provide you with a different contract with terms which are
more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a
business.
Price and Payment
24. The price of the Goods and any additional delivery or other charges is that set out on the Website atthe date
of the Order or such other price as we may agree in writing.
25. Prices and charges include VAT where applicable at the rate applicable at the time of the Order.
26. You must pay by submitting your credit or debit card details with your Order and we can takepayment
immediately or otherwise before delivery of the Goods.
Delivery
27. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failingany
agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is
entered into.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can(in
addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all therelevant
circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery
on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to
thecircumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return allpayments
made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented fromcancelling
the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to
other remedies) without delay return all payments made under the Contract for any such cancelled or rejected
Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and
we will pay the costs of this.
31. If any Goods form a commercial unit (a unit is a commercial unit if division of the unit wouldmaterially
impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of
those Goods without also cancelling or rejecting the Order for the rest of them.
32. We do not generally deliver to addresses outside East Africa, If, however, we accept an Order for delivery
outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuineand
fair reason, subject to the above provisions and provided you are not liable for extra charges.
34. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the DeliveryLocation,
we may charge the reasonable costs of storing and redelivering them.
35. The Goods will become your responsibility from the completion of delivery or Customer collection.You
must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
36. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
37. You do not own the Goods until we have received payment in full. If full payment is overdue or a
stepoccurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use
the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
38. You can withdraw the Order by telling us before the Contract is made, if you simply wish to changeyour
mind and without giving us a reason, and without incurring any liability.
39. This is a distance contract (as defined below) which has the cancellation rights (CancellationRights) set
out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no
others) in the following circumstances:
a. foodstuffs, beverages or other goods intended for current consumption in the household and whichare
supplied on frequent and regular rounds to your residence or workplace;
b. goods that are made to your specifications or are clearly personalised;
c. goods which are liable to deteriorate or expire rapidly.
40. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
a. in the case of any sales contract, if the goods become mixed inseparably (according to their nature)with
other items after delivery.
Right to cancel
41. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days withoutgiving
any reason.
42. The cancellation period will expire after 14 days from the day on which you acquire, or a third party,other
than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the
supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
43. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a
clearstatement setting out your decision (eg a letter sent by post or email). You can use the attached model
cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the
cancellation was made, so you may decide to use the model cancellation form.
44. You can also electronically fill in and submit the model cancellation form or any other clear statementof
the Customer's decision to cancel the Contract on our website https://masape.shop. If you use this option, we
will communicate to you an acknowledgment of receipt of such a cancellation in a Durable Medium (e.g. by
email) without delay.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning
yourexercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
46. Except as set out below, if you cancel this Contract, we will reimburse to you all payments receivedfrom
you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery
other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
47. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the lossis the
result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the
nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be
reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made,
you must pay us the amount of that loss.
Timing of reimbursement
48. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, andnot
later than:
a. 14 days after the day we receive back from you any Goods supplied, or
b. (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
49. If we have offered to collect the Goods or if no Goods were supplied, we will make the
reimbursementwithout undue delay, and not later than 14 days after the day on which we are informed about
your decision to cancel this Contract.
50. We will make the reimbursement using the same means of payment as you used for the initialtransaction,
unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the
reimbursement.
Returning Goods
51. If you are out of Uganda and you have received Goods in connection with the Contract which you have
cancelled, you must send back the Goods to our office at Nkumba, Entebbe, Wakiso Uganda. In Uganda
qualifying goods will be collected from the customer by the supplier, at no cost to the customer within 14 days
of cancellation. All returns will be carried out without delay and in any event not later than 14 days from the
day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back
the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning
the Goods.
52. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organiseddistance
sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer,
with the exclusive use of one or more means of distance communication up to and including the time at which
the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership ofgoods to
a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and
services as its object.
Conformity
53. We have a legal duty to supply the Goods in conformity with the Contract, and will not haveconformed if it
does not meet the following obligation.
54. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contractis made,
you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and
judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
55. It is not a failure to conform if the failure has its origin in your materials.
56. We will provide the following after-sales service: The supplier will offer collection of returnablegoods
from the customers' premises free of charge.
Successors and our sub-contractors
57. Either party can transfer the benefit of this Contract to someone else, and will remain liable to theother for
its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it
chooses to help perform its duties.
Circumstances beyond the control of either party
58. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will actreasonably,
and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the
Customer's above rights relating to delivery and any right to cancel, below.
Privacy
59. Your privacy is critical to us. We respect your privacy and comply with the General Data
ProtectionRegulation with regard to your personal information.
60. These Terms and Conditions should be read alongside, and are in addition to our policies, includingour
privacy policy (https://www.masape.shop/privacypolicy) and cookies policy (https://masape.shop/Cookiespolicy)
61. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data,including, but
not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
62. We are a Data Controller of the Personal Data we Process in providing Goods to you.
63. Where you supply Personal Data to us so we can provide Goods to you, and we Process that PersonalData
in the course of providing the Goods to you, we will comply with our obligations imposed by the Data
Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which informationis being
collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
64. For any inquiries or complaints regarding data privacy, you can e-mail: connect@masape.shop |
info@thepalmgroups.com.
Excluding liability
65. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death orpersonal
injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is
not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was
made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be
suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or
mainly for its business, trade, craft or profession.
Model cancellation Form Follow the below link to file your cancellation. https://www.masape.shop/returnpolicy