TERMS AND CONDITIONS
Please read this document carefully before placing an order. We may change these terms from time to time. The last update is made on July 29, 2021. Please check them before making the new purchase.
1. DEFINITIONS AND EXPLANATIONS
1.1 In these Rules:
1.1.1 “Consumer” shall mean a natural person who expresses his or her wish to purchase, purchases or could purchase or use goods or services for a purpose other than his or her economic or professional activity;
1.1.2 “You” shall mean the Consumer or any other person or organization placing an order for the Products;
1.1.3 “We” shall mean the seller – Genesis Communications Network Ltd, legal address: Level 2 Maeva Tower 5th Floor, HSBC Centre,18, Cybercity, Ebene, Mauritius, company registration number C18157001;
1.1.4 “Products” shall mean the products that will be delivered in accordance with the present Rules;
1.1.5 “Services” shall mean the services that will be provided in accordance with the present Rules;
1.1.6 “Party” shall mean You or Us; “Parties” shall mean You and Us;
1.1.7 “Electronically” shall mean e-mail or information on our website;
1.1.8 “Writing” shall mean a letter, a contract, a submission (including a written submission sent via e-mail);
1.2 Order execution approval on our behalf shall take place electronically. At your request, the order may be confirmed also in writing.
1.3 The present Rules and any other issues related to approval of the order on our behalf shall constitute a common agreement between you and us and replace any previous promises, representations or agreements.
1.4 We can correct any of our errors in the sales documentation, website, order form, price sheet, order approval, invoice or other document without commitments.
1.5 Title headings are offered for convenience only and do not affect the interpretation of the present Rules. Words in the singular can also mean words in the plural and vice versa.
1.6 The present Rules will apply to all purchases of the Products and the Services if those are ordered on the Internet, via telephone or e-mail.
2.1 All the products you purchase from us that are damaged or not operating in the way they should operate according to the information we provide electronically, are covered by warranty:
2.1.1 for the consumers and the legal persons: the manufacturer's warranty, but not less than 12 months from the date of supply of the Products.
2.2 Within the framework of the warranty referred to in paragraph 2.1, we can, at our discretion, repair the damaged Products or replace the damaged Products or return the value of the damaged Products to you.
2.3 The warranty conditions referred to in paragraph 2.1 shall not apply to damage caused by misuse of the Product and/or due to your carelessness, or due to an accident occurring at the time when the Products were in your use, such as:
2.3.1 the Product has damage to warranty seals, serial numbers;
2.3.2 the Product has not been used for the purposes intended for it and has not been operated in the manner specified in the instructions for use of the Products;
2.3.3 broken structures, the Product handled with incorrect means, presence of foreign objects, including insects, in the Product, or any other traces indicating incorrect operation of the Product;
2.3.4 the damage has occurred due to non-compliance of the supply voltage with the manufacturer’s specified standards, due to rapid temperature fluctuations as well as due to other domestic and external factors such as smoke, dust, humidity, impacts;
2.3.5 the Product shows unqualified repair tracks;
2.3.6 natural depreciation of the elements;
2.3.7 the Product has used non-standard supply units, accessories and spare parts which the manufacturer has not certified for use with the specified Product and if it has caused damage to this Product;
2.3.8 the purchaser has used the Product for manufacturing or professional purposes (in the case if the Product in question is not intended for such purposes);
2.3.9 the damage has occurred due to incorrect transportation of the Product, if you have received the Product from our warehouse yourself without using our courier services.
2.4 If you return the Products in accordance with the conditions of paragraph 2, we will pay the cost of supply of the Products to be replaced to you. We do not undertake responsibility for the supply costs if you cannot return the Products in accordance with these Rules.
2.5 We will provide the Services that you purchased from us with all the possible skill and effort.
2.6 If the Services do not comply with paragraph 2.5 or what we are promising for these Services electronically, then we will fix the non-compliance at issue or provide you with the Services again, or return the value of the Service or the value of proportional portion of the Service.
a. Please find the lowest price for traceable postal services to return the Products to the address: 5th Floor, HSBC Centre,18, Cybercity, Ebene, Mauritius 72201;
b. Please contact us via email [email protected] to confirm the eligible costs of delivery (in some cases we may decide to grant our transport label);
2.8. If you return the Products without fulfilling all the conditions, we are entitled to charge an amount that does not exceed the direct costs of recovery of the Products.
3. LIABILITY LIMITATION
3.1 We do not undertake any responsibility for:
3.1.1 any damages, which both Parties cannot foresee in good time, having arisen in accordance with supply of the Products and/or the Services or when you use the same;
3.1.2 any damages not related to any infringement on our behalf;
3.1.3 commercial or trade losses.
3.2 Our responsibility will not exceed the value of the Products and the Services claimed.
3.3 We do not undertake responsibility for the health damage caused due to actions of our agents or subcontractors.
3.4 We do not undertake responsibility for the accuracy of your data and information that you provide to us through our website, via telephone or electronically.
3.5 You are responsible for the privacy of your personal profile user name and password on our website, and we assume that your user name and password are confidential and known only to you.
3.6. You are responsible for saving the confidentiality of your order number. Your order number, which we send to you electronically, is unique. Based on your order number, we will be able to identify you and your specific order if you apply to our customer service.
4.1 The price of the Products and/or the Services is shown in the order approval. Supply, VAT (relevant rate), any applicable bank charges, as well as insurance and packaging costs will be included in the advance invoice and will be paid on your behalf. If the VAT rate is changed, we will accordingly change the VAT rate that you will have to pay.
4.2 We can change the price if our costs for purchase or supply of the Products or the Services increase over the time period from the date of approval of the order and the date of dispatch, taking into account increase in the value of the Products and the Services, as well as increases in the value of transportation, packaging or insurance, or the expenses related to changes in the exchange rate, changes in the type of supply or amount, or the price error or delay resulting from your instructions, PROVIDED that we will notify you electronically regarding such price increase in good time before sending. You may cancel your order within 3 working days after receipt of such notification if you are not satisfied with such price increase.
5.1 The Product price shall mean the price specified on the order page at the time when you are placing your order. We are doing everything we can for the purpose to ensure that the price is correct. Please refer to p.5.2 for the actions to be taken if an error has been found in the price of the Product you have selected.
5.2 Although we are doing our best to avoid errors, there is a probability that any Product may have fixed incorrect price. As a general rule, we check prices before your order is approved, therefore in the case if the correct Product Price at the time you place your order is lower than the price specified on the order, then we will demand lower price from you. If the correct price at the time of your order is higher than the specified price, we will contact you before the order is approved for the purpose to receive instructions from you for further actions.
5.3 All the payments must be made via MasterCard, Visa, Maestro payment cards or through PayPal, or through any other form of payment.
5.4 You must pay for the Products and the Services before they are sent, unless the Parties have agreed otherwise in electronic or written form.
5.5 If you do not make payment within the time limit specified in the advance invoice, we are entitled to suspend future supplies and/or to suspend execution of the order until payment is made.
6.1 We are doing our best for the purpose to keep information up-to-date on our website, while information regarding presence of the Products in storage may change and may affect the supply of the Products to you. In the case if you have placed an order for the Products that are not available in storage in a timely manner, we will notify you of the same and the Products will be sent to you when those are available at the warehouse again.
6.2 We will send the Products within 1-2 working days following receipt of the payment if no additional requests were made or there was no request for non-standard documentation.
6.3 We will deliver the Products to the address you have indicated upon execution of the order.
6.4 The delivery date that we have specified upon execution of the order is approximate and we are not responsible for any loss that may occur if you do not receive the Product at the specified time.
6.5 If you have any questions about supply of the Products or if you have not received the Products, please contact us via e-mail [email protected] or via phone No. +2304897562.
6.6 The supply price will be indicated on our website at execution of the order and depends on the place of supply, the consignment weight and the type of supply selected.
7. RISKS AND OWNERSHIP RIGHTS
7.1 The risks of damage to the Products shall transfer to you at the time of receipt of the Products provided that the supply is carried out by our courier.
7.2 The ownership of the Products shall transfer to you when we receive a payment (free funds) for full amount of the Products.
8. DAMAGE OR LOSS DURING TRANSPORTATION
8.1 We undertake to replace, free of charge, any Products that were damaged or lost during transportation, if the transportation was carried out by our courier, upon condition that you will provide us with a statement in electronic or written form regarding damage or loss within 45 days of the date of invoice (so that we can complete our courier transport conditions).
9.1 If we accommodate sketches, photographs, illustrations, specifications, operational data, sizes and other information in promotional materials, website or other documentation, we believe that they are accurate. However, you must not regard them as description of the Products and/or the Services or as our statements, and we cannot guarantee their accuracy.
9.2 You must check all the specifications and descriptions of the Products and/or the Services before placing you order. You acknowledge and agree that the manufacturer, the publisher or we can change the specifications and descriptions of the Products and/or the Services at any time before supply. We do not undertake responsibility for any losses resulting from such changes. We will do our best for the purpose to notify you of this type of changes as soon as it will be possible or after receipt of the notification regarding the changes performed (depending on the circumstances).
10. ELECTRONIC EXECUTION OF THE CONSIGNMENT ACCOMPANYING DOCUMENTS
10.1. When using courier services, all the consignment accompanying documents (invoices, delivery notes) shall be executed by electronic means. The documents shall be drawn up in writing only upon request or if it is necessary to ensure supply of the Products.
10.2. Upon execution of an order, an advance invoice shall be generated automatically on the basis of the selected Product, the specified supply address, and the selected transport company that supports the consignment delivery. An advance invoice shall be valid for 6 days. An advance invoice shall be sent to e-mail address that was reported at the execution of order. After 6 days, an advance invoice and an unpaid order will be cancelled.
10.3. After sending the Product, we will send commercial invoice, file with the serial numbers of the sent Products (if any exists for the Product) and consignment transport document that ensures that the consignment is tracked on the transport company website to the specified e-mail. The commercial invoice shall be approved electronically by our employee and shall be valid without a signature and stamp. Information on the transport company's website about order supply shall serve as proof of the transaction.
10.4. If errors are identified upon execution of the consignment electronic accompanying documents, the purchaser shall be required to notify thereof within five working days in writing to e-mail: [email protected]
10.5. For the registered users, all the electronic documents shall be available at the user's private profile on our website.
11. YOUR RIGHT TO TERMINATE THE CONTRACT
11.1 The conditions set out in paragraph 11 shall apply only to the Consumers.
11.2 You shall be entitled to refuse any Products and/or Services purchased within the framework of a distance contract during a period of 14 days from the date of receipt without mentioning the reason.
11.3 Exercise of the right of withdrawal will expire after 14 days from the date on which you have acquired or third party you have designated as the beneficiary has acquired the Product in possession.
11.4 We will reimburse you the Product value within 14 days of the receipt of the Product back from you. More detailed information regarding the amount of reimbursement is specified in paragraph 11.9.
11.5 For the purpose of using your right of withdrawal, please complete the right of withdrawal form and send it to us to [email protected]
11.6 The Products must be returned without undue delay, but not later than within 14 days after sending to us of your notice regarding withdrawal.
11.7 For the purpose to preserve the right of withdrawal, you may use the Product to the extent necessary for verifying the nature, characteristics and performance of the Product. You must keep the original visual appearance, seals and protective film of the Product, as well as the packaging in original and undamaged way. You may not use the fastenings present in the kit, allow scratches and other signs of depreciation. We are entitled to partial deduction of value in the event of presence of sign of any visual depreciation.
11.8 If you will exercise your right of withdrawal after supply of the Products, please safely pack the Products in the original package and return to the address 5th Floor, HSBC Centre,18, Cybercity, Ebene, Mauritius 72201. For your safety, we recommend you use the courier service supply.
11.9. In the event if the Products are returned to us under the conditions of the right of withdrawal set out in paragraph 11, we will return to you the Products and the supply value. In the event if you have used a type of supply that is not the standard and cheapest form of supply that we offer, we are not obliged to repay additional supply costs to you. In addition, please consider that you will cover the direct costs of sending the Products back.
12. DELAY OR DEFAULT
12.1 We do not undertake responsibility for delaying or default to fulfil obligations if this happens as a result of force majeure such as natural disasters, explosions, flood, fires or accidents, warfare, civil unrest, uprisings, strikes, any form of state intervention, third party action or inaction, as well as, if we cannot perform our obligations due to the fact that you notify to us incorrect information regarding your address or do not notify to us changes of your address.
13.1 The conditions set out in paragraph 13 shall be applicable only to legal persons entitled to a deferred payment.
13.2 In the event that you do not honor your payment obligations, we may assign the right of claim to the cessionary.
13.3 Together with the right of claim, information regarding you and regarding our mutual obligations will be transferred to the cessionary. Information about you will be included as information regarding the legal person, as well as regarding the natural persons personally responsible within the framework of our cooperation.
14. GENERAL PROVISIONS
14.1 All the intellectual property of the Products or the Services (including, without restrictions, any information, documentation and/or materials developed in connection with the Products and the Services) shall belong to us in full amount. Nothing in the present Rules or in addition to any special Rules shall give you any rights, patents, copyright, database rights, trade secrets, trademarks (registered or unregistered) or any other rights or licenses to the Products or to the Services.
14.2 The present Rules are governed by legislation of Mauritius, and you may take procedural actions in relation to the Products or to the Services before the courts of Mauritius.
14.3 We neither offer any representations or guarantees in respect of the Products or the Services, nor are we responsible for any losses or expenditures of you or a third party, if you or a third party are acting in accordance with any information that became known to you through use of the Products or the Services in accordance with the present Contract.
14.4 Views or opinions expressed by any of our employees at the time of provision of the Products or the Services (or otherwise) cannot be regarded as our views or opinions, and we are not responsible for any losses or expenditures resulting from such expression of view or opinion.
14.5 If you have questions or complaints concerning the Products or the Services, please contact us via email: [email protected] or phone No. +2304897562 (customer support service). We will review your complaint within 7 days and give you a complete answer within 14 days.