Terms of use

General / Scope - Publication Date: 2nd of February 2017

Welcome to www.bidpesa.co.ke (the "Site")! This Site is owned and operated by or on behalf of Bid Pesa Ltd, with headquarters in Nairobi Kenya. These terms and conditions that apply to the buying of or 
bidding on goods or other services offered by Bid Pesa on this Site (collectively, the "Services"). You must register and accept these terms in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Bid Pesa reserves the right to change or modify any of the terms and conditions contained here or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective 
upon posting of the revisions on the Site. We will post a notice of such changes to these terms on the Site for thirty (30) days. Changes to referenced policies and guidelines may be posted without notice to you.

Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS SITE.

Eligibility.

The Services may only be used by persons who can enter into legally binding contracts under applicable law for the purchase of goods or services. Consequently, persons under the age of 18 may not use the 
Services and should not register. To participate in the bidding process, we may require a valid credit card number, billing address, and credit card expiration date or other payment mechanism. We use this 
information to charge you for fees due to us for your purchases of bids and to verify your name, address, and other information. Your payment information is not disclosed in aggregate or otherwise to any 
unauthorized third party but may be disclosed for resolving billing disputes with your credit card company.

The target market for this service is East Africa. All items purchased on this Site may only be delivered to East Africa. Bid Pesa does not deliver to PO Boxes.

General Policies.

The policies throughout are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The Bid Pesa 
Privacy Policy governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the House Rules set out important details governing every 
user's rights and obligations. These documents may be changed without notice to you at any time in our sole discretion and are effective upon posting to the Site. Therefore, you should review these policies 
frequently.

Contractual Obligations.

The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once accepted by the Site, a contract is 
created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy 
It Now' function, you agree to complete the transaction as described and fulfil any and all contractual obligations.

Systems.

You agree not to interfere with the Site or any transaction. You agree not to impose any unreasonably or disproportionately large load on Bid Pesa’s systems or facilities. You agree not to put any material 
on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any 
system, data or personal information.

Bidding.

Due to the billing of charges, Bid Pesa would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding 
practices.

Fraud and Other Bad Behavior.

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of Kenyan laws. Fraudulent bidders may be reported to relevant Local law 
enforcement agencies and Bid Pesa will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A winning bidder may not resell any product or service obtained through the Site and Services without prior written consent from Bid Pesa. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use Bid Pesa as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from Bid Pesa, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate Bid Pesa for any damages.

No user may permit or assist others to use Bid Pesa's Site/Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the 
Bid Pesa Site/Services, including but not limited to the following:

Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
Accessing, altering, or destroying any information of another Bid Pesa user by any fraudulent means or device, or attempting so do so; or
Using Services so as to interfere with the use of Bid Pesa network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.
Each user acknowledges that Bid Pesa's network may only be used for lawful purposes. Bid Pesa reserves the right to monitor all network activity. While using Bid Pesa, each user agrees to refrain from the following prohibited acts:

Maintaining more than one account or maintaining control or influence over more than one account;
Infringing upon the intellectual property of Bid Pesa, establishing a competing site or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;
Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or 
fraudulent activity that undermines the integrity of the online market; breach Bid Pesa's policies stated herein; fail to pay for items purchased; post or upload content that belongs to others; post false, inaccurate, misleading, defamatory, or libellous content; transfer a user's Bid Pesa account and user ID to another party without Bid Pesa's consent; copy, modify, or distribute rights or content from Bid Pesa's Site; Attempt to harvest or otherwise collect information about users, including email addresses; Attempt to upload or download any computer virus; Attempt to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users; Attempt to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm or injury against any users. View and/or download or upload pornographic pictures or stories. Attempt to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.


Collusion/Team Play.

Any kind of collusion or team play is strictly forbidden on Bid Pesa. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that 
there are more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn 
further Buy it Now offers on the same deal.

Bid Pesa does not allow two members that know each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their 
right to purchase the Deal or receive any of their spent bids back.

We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or bids will be returned or
transferred into other accounts. If a user is found to have violated the Terms of use, any free bids provided to them and used, including those provided in the past must immediately be paid for by user at 
their current selling price.

Passwords; Equipment.

You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. Your password may be used only to access and use the 
Services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment 
necessary to use Bid Pesa's Services, including, without limitation, computer hardware and software, modems, and telephone service. Further, you are solely responsible for (a) maintaining the security of 
your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on 
your location; and (c) any other charges resulting from the use of your account.

Investigation of Violations.

We may investigate any reported violation of these terms or our policies or guidelines, or any complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our 
systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services, and/or removal of or disabling access to content 
hosted on Bid Pesa's systems. We reserve the right and have absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. Bid Pesa 
also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.

License.

By accepting these terms and submitting any information or materials to Bid Pesa ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to 
exercise all copyright and rights of publicity over the Licensed Materials, in any existing or future media, known or unknown and to use and reproduce the Licensed Materials as is necessary to provide the 
Services. Bid Pesa grants you a limited license to make personal use only of the Site and the Services. This grant does not include, without limitation: (a) any resale or commercial use of the Site or 
Services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data 
gathering and extraction methods. All trademarks, service marks, and content are owned or licensed by Bid Pesa or their respective owners and are protected by applicable intellectual property laws.

You agree not to make use of anyone else's information other than as necessary to participate in the Site and to complete any transaction in which you are involved. Specifically, you agree that with respect 
to any information disclosed to you by Bid Pesa regarding another user of the Services, you only will use such information, unless otherwise authorized, (a) to complete transactions originating from the 
Site, including the use of third-party services, (b) for communications with us, or (c) as permitted by the corresponding user identified in such information. You agree not to disclose any user information 
disclosed to you by Bid Pesa except as provided by these terms or with our consent. You further agree not to use any information accessible from the Site for purposes of solicitation, advertisement, or 
spamming, or which is harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Registration with Bid Pesa for Use.

Each person may register only once; each user may only have one account at Bid Pesa. Additionally, each household or "group of users associated with each other", determined by the sole discretion of 
Bid Pesa, may not have control over more than two Bid Pesa member accounts. If a single person is found to have or maintain control over several accounts on Bid Pesa, or if a household or a "group of users associated with each other" is found to have or maintain control over more than two accounts on Bid Pesa, all accounts will be immediately suspended, all auctions the accounts have participated in will be voided, and any bids purchased will be removed without prior warning and without any form of compensation.

During the registration process, the user must choose a user name. The user name may not offend common decency or infringe upon the rights of third parties. The user name may also not be misleading in any way or, in Bid Pesa's judgment, closely resemble the identity of an existing user. The associated password is to be kept secret by the owner. Any detected abuse of the user account, whether it harms a third party or Bid Pesa, shall result in the disqualification of the user and, if applicable, notification of the applicable authorities of the possibility of a crime.

ACCOUNTS AUTHORIZED TO BID ON THE Bid Pesa SITE CANNOT BE TRANSFERRED OR USED BY ANYONE OTHER THAN AUTHORIZED ACCOUNT HOLDER. USE OF THIS ACCOUNT BY A PERSON OR PERSONS NOT AUTHORIZED BY Bid Pesa IS STRICTLY PROHIBITED. NO MORE THAN ONE LOG-IN SESSION OR ONE AUTHORIZED ACCOUNT USER CAN BE ACTIVE AT A TIME FOR ANY ACCOUNT. EXCEPT AS OTHERWISE PERMITTED BY THE BIDBUDDY SYSTEM, ACCOUNTS WHICH HAVE BEEN TRANSFERRED IN WHOLE, PART OR PROXY BIDDING TO OTHER PARTIES, OR SHOW OTHER ACTIVITY IN VIOLATION OF THIS AGREEMENT, ARE SUBJECT TO IMMEDIATE TERMINATION. Bid Pesa RESERVES THE RIGHT TO MAINTAIN LOGS OF ACCOUNT ACTIVITY 
AND TO USE SAID LOGS FOR THE PURPOSE OF DETECTING USAGE IN VIOLATION OF THESE TERMS.

Bid Pesa reserves the right to at any time temporarily or permanently disqualify a user for violating these terms. Users will be disqualified when, in Bid Pesa's reasonable opinion, a user has violated any 
law, regulation or equitable interest in favor of a third party, such as protecting users and the Service from manipulation. Examples of the foregoing include, but are not limited to, (i) honoring bids of 
users who have not paid for the bids, (ii) the use of unauthorized bidding software, or (iii) establishing several user accounts for the same person. Moreover, Bid Pesa reserves the right to cancel 
unauthorized Bid Pesa accounts or accounts that have been inactive. Each user agrees not to hold Bid Pesa responsible for any loss incurred as a result of such action.

Bid Purchasing for Online Bidding / Payment.

Bid Pesa bids must be purchased by users prior to online bidding. Only registered users can submit the online bids, which can be purchased in packages (so-called 'Bid Packs') at the currently applicable 
prices, which can be viewed in 'My Dashboard' under 'Buy bids'. The bids must be paid for in advance. When the bids are purchased and deposited into the user's Bid Pesa account, a contract for the purchase 
of the bids materializes. The associated invoice is due immediately. If a user is suspended for whatever reason, all of their bids will be lost and will not be refunded.

Users who have won an auction and paid for a product are not eligible for a refund on either bid purchases, account activation fees or product fees if their product has been shipped by the time of request.

Should a payment not be honored for a user, a returned payment fee will be charged. The user shall be solely responsible for these fees. Bid Pesa reserves the right to block access to the user account until 
full payment is received by Bid Pesa for the outstanding invoice, including any fees due to returned payment, etc. Bid Pesa may withhold any outstanding deliveries until it receives full payment. The user's 
bank may or may not invoice the user an international payment fee in connection with a credit card payment on the Bid Pesa site. It is the sole responsibility of the user to be familiar with the Terms of Use 
of his or her bank for such fees. Bid Pesa holds no responsibility for additional payment fees of any kind issued to the user by the user's bank.

Unused bids are ineligible for  refund.

Bid Pesa reserves the right to sell bids at any discounted price to specific user groups for promotional purposes. All Bid Pesa users understand that they may from time to time receive unique offers to buy 
discounted bids and that other users may do so as well. Similarly, users may see different product pricing, based partly on the activity characteristics of that user.

Bid Pesa reserves the right to, at its discretion, remove any sign up or other promotional bids that have been added to a users account for free at any given time without further notice.

Bidding / BidBuddy.

For online bidding, an individual bid can be submitted by clicking the "BID NOW" button, or by using the automated bidding tool called the 'BidBuddy'. Once a bid is submitted, it is no longer valid for 
refunds and it is deducted from the user's bid balance accordingly.

The BidBuddy can assist bidders in being able to bid in an auction, even if the bidders are not online at that time. Only registered users can submit bids automatically with one or more BidBuddies. The 
BidBuddy automatically submits bids according to the specifications set in advance by the user. The user can read about how the BidBuddy operates in the 'FAQ' section.

Bid Pesa does not guarantee the precision of the BidBuddy feature and Bid Pesa may not be held responsible for any BidBuddy software errors of commission or omission. The user is prohibited from using any 
bidding software not authorized by Bid Pesa; if the user does, in fact, use unauthorized software, it will result in immediate disqualification from Bid Pesa's systems and Service. Bid Pesa will from time to 
time award all users who start using the Site with free bids. The number of free bids awarded/not awarded is determined solely by Bid Pesa on an account by account basis.

A bid is registered and counted only when Bid Pesa's system registers the bid. A bid is not counted and valid when it is sent from the user's Web browser, but when Bid Pesa's servers receive and register the 
bid request.

It usually takes less than a second for a bid to be registered, however it may take up to several seconds or longer for Bid Pesa to receive the bid if there is a delay in the network or if the system is 
under high stress. Bid Pesa is not responsible for any delays that occur in bidding or on the auctions. Bid Pesa strives to make the Bid Pesa timer clocks as accurate as possible. While Bid Pesa believes 
that auction timers are very accurate, Bid Pesa cannot and does not guarantee that the system, including the bidding clock, will always function reliably.

All bids are final. Winning bids and their associated fees are non-refundable.

To comply with fair & honest auction practices, Bid Pesa will reschedule auctions that end prematurely due to severe third party or technical problems to a later time. In such events, where all bidders 
aren't able to participate normally in the auctions, Bid Pesa will return all used bids from such rescheduled auctions to all involved bidders.

Winning Limits.

As described in the House Rules, which are incorporated by reference, each user may win a maximum of 9 auctions per week (6 valued under KSh. 10,00.00 and 3 valued above KSh. 10,000.00). All auctions on the Site are counted towards the winning limit. The winning limit resets once per week, on the midnight of the weekday that the user originally signed up for Bid Pesa. The system will prevent users from placing bids if the winning limit has been reached. All booked Bid Buddies will automatically be canceled if the user hits their winning limit.

Bid Pesa reserves the right to, from time to time review the guidelines for any winning limits and may at any time under its sole discretion limit accounts from winning an excessive amount of auctions. 
Bid Pesa attempts to limit some auctions to users of comparable skill, as determined by Bid Pesa, to enhance user experience and equal chances of winning auctions. In so doing, Bid Pesa may limit which 
auctions are available to particular users based on any factors deemed appropriate by Bid Pesa in its sole discretion, including experience of the user, historical success of the user, demographic factors, 
prior bidding and spending activity, and other factors. In particular, Bid Pesa may limit certain auctions to less experienced or successful users in any manner Bid Pesa deems appropriate to optimize the 
overall user experience of all Bid Pesa users. You acknowledge that You may be, and You consent to being, excluded from auctions at Bid Pesa's discretion.

This limit is put in place to ensure that all users have a high quality of user experience.

Bid Expiration.

Bids held in user accounts must be used within 365 days from the day that the bids have entered the account through purchase, item exchange or auction win. If the bids have not been used within that time, 
they will expire and be permanently removed from the account.

How the Auctions Work.

With each bid submitted, the price of the item on which the user is bidding increases by KSh. 1.00. A bid submitted by the user constitutes an offer from that user to Bid Pesa to conclude a contract to purchase 
the item. A contract to purchase the item does not materialize until the auction is finished and the last bidder has followed all the steps provided for in this section. The purchase contract will exist 
between Bid Pesa and the user who has submitted the highest bid up until the point when the last bidder has submitted the last qualifying bid of the respective auction.

Each new bid resets the 'countdown time' for the auction. The countdown time for each of the auctions is shown on the auction details. The auction ends when no more bids are submitted within the remaining 
time stated. However, an auction may not end if anyone else except the highest bidder still has bids booked on their Bid Buddy. In the event of heavy network lag, the Bid Buddy may place the bid with a 
slight delay with the system registering the bid 1+ seconds after the auction's countdown time. Such bid will be completely valid, provided that the bidder had booked his Bid Buddy within the auction's 
countdown time.

The user who submits the highest bid and is the last to bid wins the auction. All other bids on the item expire and will not be refunded. The last bidder is determined based on the records in Bid Pesa's 
database and Bid Pesa's decision regarding the identity of the last bidder shall be final. If a bid is placed too late, does not reset the timer of an auction or is not correctly registered by the system, it 
is then invalid. Even though this bid may be the last bid on an auction, it is the last and highest valid bid on an auction that wins the auction.

An invalid bid is one where the auction timer is not reset after the bid has been placed. Bid Pesa recommends its users to always bid at least 5 seconds prior to the auction timer reaches zero, as otherwise 
the bid might be reflected as accepted by the system, but in reality be received too late.

Auctions may offer the 'Buy It Now' option. 'Buy It Now' will allow you to receive your spent bids back, if you purchase the same model of an identical item at its Buy it Now price. The option to 'Buy It 
Now' will be offered for a limited period of time (usually 7 days after the auction ends) after which the option to 'Buy It Now' is permanently revoked.

Insofar as Bid Pesa does not guarantee that the exact product model won can be sent, Bid Pesa reserves the right to replace the product upon which user bid or bought for full price with another item of 
similar or higher value at the discretion of Bid Pesa, or an item of a lesser value if the customer requests one, or furnish the user with a gift card. A gift card may be the most suitable substitute 
solution for challenges related to product availability or supplier challenges.

Bid Pesa is not responsible for third party abuse and manipulation of the Bid Pesa service, for example, if other users create chaos on the Site that then results in lost bids. In that case, and other cases 
of third party abuse, Bid Pesa is not responsible.

The following statement is very important for any customer or potential customer of Bid Pesa to read and fully understand before using the service:

By registering and using Bid Pesa you understand that you are likely to spend more money than you may receive in merchandise value. Most customers using the site gain less in merchandise value measured in 
monetary value compared to the amount of money spent bidding to win auctions. Do not buy bids or spend money on the site if you cannot afford to lose the money. Bid Pesa is constantly attempting to maintain 
fairness and balance in its auctions therefore some new users or users who have lost auctions may receive special promotions, access to special auctions and/or free bids through site features. This is 
designed to maintain fair practice and helps balance and create a great auction experience for all users.

Bid Pesa is convinced that the entertainment value of participating in its auctions is valued and that paying a premium price for this entertainment value compared to shopping at the lowest priced retailer 
is fair. We do however strive to give as much merchandise value back to our users as we possibly can while maintaining healthy gross margins. Most customers will not win auctions and you are on average 
unlikely to save money using the Site. We recommend that you take advantage of the Buy it Now option as it will return all of your lost bids when used. Most customers who use the Buy it Now remain loyal to 
the Site far longer than those that do not. By using the Service you understand and agree to this statement.

Notification of the Win / Acceptance of the Win / Payment.

After the auction has ended, the highest bidder ('winner') who is logged on with Bid Pesa will see a 'congratulation page' displayed, along with all of the important information such as the total price, the 
payment details, etc. The user must actively confirm the win by following the steps indicated on that page or elsewhere on the Web Site. As soon as the winner has paid the total amount reflected on the 
'payment page', the win is accepted. The winner will also receive a notification of the win by e-mail with a request for payment.

The user must pay the total price (auction price and possible taxes) no later than 3 days after the notification of the win is sent. After this deadline has passed, Bid Pesa can declare a rescission of the 
purchase contract to the user, which results in revocation of the user's right to delivery of the item. There is likewise no entitlement to replacement of any of the bids used in the auction. If a user 
chooses to "Buy it Now", the item price including possible tax fees must be paid within 3 days of the auction ending in order to be eligible.

The user may obtain and be legally entitled to the product only after the user fully pays for the product and all of the applicable bids used to obtain the product. Should the user not pay for bids that have 
already been purchased, payments received shall be viewed as payment toward the bids not yet paid for, and a right of retention shall be exercised with regard to the item purchased at auction until all bids 
and the total price have been paid in full. If the user chooses to pay for the item by credit card and the sales price is lower than KShs. 100.00, then the price will be rounded up to KShs. 100.00

If the user does not receive the won product or product obtained through "Buy it Now", the user must file in a claim of non-receipt via e-mail to support@bidpesa.co.ke within 8 weeks of the purchase, or 
Bid Pesa's obligation to deliver the product will end. No refunds of the purchase amount or cost of spent bids to win the item will be returned to the user.

Bid Pesa is not responsible for stolen or lost items. In the event that a product is stolen or lost, Bid Pesa will do its best to help customers upon request, by providing tracking information received from 
the supplier, as well as screenshots or copies of the sales receipt and possible shipping confirmation, if available.

Cancellation / Rescission.

The user may return the item in an un-depreciated condition within 30 days of receipt if not satisfied for any reason. Upon verification of the product's condition, Bid Pesa will refund the purchase price of 
the product. Bid Pesa will not refund the value of the bids spent to obtain the product. In the event that a user wishes to return a Buy it Now order the user must also return all the Free Bids given to them 
alongside the purchase. Once both the item and bids have been returned shall a refund be given. Only bids that have been acquired by purchasing Bid Packs for Kshs. 10.00 each shall have a right for refund within 30 days of purchase (90 for first bid pack purchase). Such paid bids are always used first, before promotional bids, free bids, bids obtained through the Buy it Now or other bids that have been obtained in any other way than paying Ksh. 10.00 for each bid. Bids obtained during the Buy it Now process do not have any rights to refund. Bid Pesa also grants to the user ordering products for personal purposes the right to cancel in accordance with statutory provisions on mail order sales and e-commerce. The right to cancel does not exist in the case of mail order sales and e-commerce contracts for the delivery of audio and video recordings or of software, if and to the extent that the seal on the delivered media has been broken by the user, although this does not affect the user's other rights.

Right to cancel.

You may cancel your contract within 30 days in written form (e.g. letter, e-mail) or by returning the items, without stating your reasons.

The period begins no earlier than when the item and these instructions are received. Receipt can be e-mail receipt to the e-mail address provided to Bid Pesa. To meet the deadline, it is sufficient to send 
the cancellation notice or return the item in a timely manner. Cancellation is to be sent to the following address:

Bid Pesa Ltd

P.O. Box 25379-00603,

Nairobi, Kenya.

E-Mail: support@bidpesa.co.ke

Consequences of Cancellation.

In the case of a valid cancellation, both parties must return what has been received in performance of the contract and the benefits derived therefrom (e.g. interest) as applicable. If user is unable to 
return to Bid Pesa the service or product that the user received or is only able to return it in part or only in a depreciated condition, the user must compensate Bid Pesa for the difference in value, unless 
the deterioration resulted from proper use. In the case of use of items, the foregoing compensation provision will not apply if the deterioration of the item is attributable solely to it being tested 
comparable to those tests that may reasonably be performed in a retail store. In other respects, the user may avoid this duty to pay compensation by not using the item(s) as the user would use his/her own 
property, and by refraining from any action that would detract from its value. Items that can be shipped in packages are to be returned. In these cases, return is free of charge for the user. Items that 
cannot be shipped in packages will be picked up upon coordination with the user. A user must satisfy obligations to refund payments within 30 days after sending the user's notice of cancellation.

When a user cancels by the deadline, the user is not obligated to accept delivery. Under those circumstances where Bid Pesa cancels by the deadline, Bid Pesa will refund any purchase price already paid. The foregoing notwithstanding, the service charge (e.g., bids) will not be refunded.

Users may return items received from Bid Pesa within 30 days of receipt for any reason however are subject to applicable return shipping fees.

Should Bid Pesa incur additional costs for insufficient postage on the return, for a COD shipment, or for courier shipments and other irregular shipping methods that are over and above postal shipping costs, 
these costs will be deducted from any payment remitted by the user. Sets/boxes can only be returned in their entirety.

Delivery.

Unless otherwise agreed, delivery will be made from Bid Pesa's supplier's warehouse or from Bid Pesa's warehouse to the address provided by the user. Deliveries are made solely within East Africa. 
Bid Pesa may engage third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport is to be 
reported to the supplier upon taking delivery.

Should Bid Pesa not be able to deliver the item ordered for whichever reason, Bid Pesa is entitled to declare rescission to the user or to substitute the item with a comparable replacement product with 
similar features. Bid Pesa may also choose to replace the item ordered with a gift card of the value of the item that the user may choose to use to obtain the same product. This also applies for items 
ordered through Buy it Now from the Bid Pesa store.

Right of Substitution.

Subject to the cancellation policy specified herein, Bid Pesa may substitute another similar item of the same general character or function, provided it has the same or higher retail value, for purposes of 
delivery to the user. Such right of substitution may be necessary from time to time if, for example, unforeseen or undetected challenges arise with the manufacturing or inventory system of the supplier, 
impacting the ability to deliver the exact item sought by the user.

Product Description/Offsetting.

If Bid Pesa is unable to provide the user with the item auctioned due to unforeseen circumstances, Bid Pesa reserves the right to offer the winner in its absolute discretion an alternative item in the same 
price range or the equivalent of the item's Manufacturer's Recommended Retail Price ('MSRP') in bids so that Kshs. 10.00 equals one (1) bid.

Should subsequent correction be undertaken by way of delivery of a replacement, the user shall be obligated to return to Bid Pesa the item already delivered within 30 days at Bid Pesa's expense. The user shall only have the right to offset if his or her counterclaims have been upheld by a court of law or are not disputed by Bid Pesa.

The user shall only be entitled to exercise a right to withhold payment to the extent that his or her counterclaim is based on the same contractual relationship.

The item delivered shall remain Bid Pesa's property until payment in full of the total price, including for the bids used in the auction. Until such time as full payment has been made, the user undertakes to 
store the item separately from their other possessions and to insure it. Bid Pesa shall have full rights of access to the place where the item is located during normal business hours to take possession of 
it.

Limitation of Liability.

Bid Pesa WARRANTS THAT, IF A USER IS DISSATISFIED WITH THE ANY DELIVERED PRODUCT, Bid Pesa WILL, UPON NOTIFICATION FROM THE USER TO Bid Pesa, REFUND THE PRODUCT FEE, BUT NOT THE BID PRICES PAID, AS DESCRIBED ELSEWHERE HEREIN. OTHER THAN THE FOREGOIN

 

Main Menu