Terms and Conditions
Please carefully read the terms and conditions ("Terms and Conditions") below before placing any order for any of the Goods or Services from http://food.jumia.co.ke. By placing an order for any of the Goods or Services from this Website, whereas it is by phone, through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.
Section 1: Jumia Food Introduction
We are jumia food, a brand of http://food.jumia.co.ke, unless otherwise stated.
Section 2: Definitions
- 2.3. "you", "your" and "yours" are references to you, the person accessing this Website, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by jumia food will also bound you to these Terms and Conditions;
- 2.4. "we", "us", "our", and "jumia food" are references to the Company;
- 2.5. "Goods" is a reference to any goods which we may offer for sale from our Website from at a given time;
- 2.6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
- 2.7. "Partner Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
- 2.8. "Food Delivery" references perishable goods and any form of delivery service, both provided by our Partner restaurants and for both of which our Partner restaurants take full responsibility;
- 2.9. "Website" is a reference to our Website http://www.food.jumia.co.ke, our mobile applications or any other platform we will choose to offer our Goods or services.
Section 3: Ordering
- 3.1. By placing an order through our Website, you enter into an agreement with jumia food with respect to the processing of that order and forwarding it to the Participating Restaurant. If you are paying online, jumia food is also responsible for any returns or refunds. However, the Restaurant remains responsible for the preparation, quality and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
- 3.2. In case you chose to pay with a debit or credit card you warrant that you are the legal holder of the card and the funds backing it. You should also warrant that you have sufficient funds to make the payment.
- 3.3. Any Goods and Services or Food Delivery which you might buy from this Website are intended for your use only. Resale of any of such Goods and Services or Food Delivery or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should contract the Services.
- 3.4. Please note that some of our Goods may not be suitable for certain age ranges. Please make it sure, by carefully reading product descriptions, that the product or products you order suits the recipients age.
- 3.5. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
- 3.6. Any order that you place in our website or related platforms is subject to availability, delivery capacity and acceptance both by us and the Partner restaurant. Once you place an order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Partner restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
- 3.7. If the Partner Restaurant you chose to order Food Delivery from accepts the contract it will confirm it to jumia food. If the details of the order are correct, the contract will be confirmed by text message (SMS).
- 3.8. In the case that Goods offered by jumia food were ordered, jumia food will confirm availability together with or separately from the partner restaurant.
- 3.9. The confirmation message will specify delivery details including the approximate delivery time specified by the Partner restaurant and confirm the price of the Food Delivery, Goods and Services ordered.
- 3.10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
Section 4: Prices and Payment
- 4.1. Any contract for the supply of Food Delivery from this Website is between you and the Partner restaurant; for the supply of Goods or Services from this Website any contact is between you and jumia food. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
- 4.2. All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, goods or services.
- 4.3. All prices listed on the Website for Food Delivery by the Partner restaurant or a delivery partner listed on the Website reflect the price the Partner restaurant or the third party provider charges at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 4.4. All prices listed on the Website for Goods and Services by jumia food reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
- 4.5. All prices for delivery by jumia food or a third party provider assigned by jumia food listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.
- 4.6. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
- 4.7. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
- 4.8. Jumia Food offers 5% cashback on payments made via JumiaPay as of January 25th, 2020. This cashback is credited to the customer's JumiaPay wallet once the order is delivered and is capped at KES 100. With the exception of vouchers issued in accordance with our refund policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Section 5: Delivery
- 5.1. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address you stated when placing the order.
- 5.2. If delivery is done by the Partner restaurant jumia food cannot be held responsible for any untimely delivery. This will be the the Partner restaurant sole responsibility.
- 5.3. In the case delivery is done by jumia food or a third party delivery partner assigned by jumia food, we will make our best effort to deliver in a timely manner. Still, we take no responsibility for late delivery.
- 5.4. In any of two cases above, all orders will be always delivered by a reputable courier. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the partner restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- 5.5. In case of a late delivery, the delivery charge will neither be voided nor refunded by jumia food.
- 5.6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- 5.7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
- 5.8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- 5.9. Participating restaurants, who will prepare your order, aim
- 5.9.1. to deliver the product to you at the place of delivery requested by you in your order;
- 5.9.2. to deliver within the time confirmed by the restaurant;
- 5.9.3. to inform you if they expect that they are unable to meet the estimated delivery time.
- 5.10. Partner restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
- 5.11. Please note that it might not be possible for Partner restaurants to deliver to some locations. If this is the case, our Partner restaurants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
Section 6: Cancellation
- 6.1. You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. Notwithstanding the foregoing, in case you paid for your order online, you should only contact jumia food with respect to a refund of your payment. You can always contact jumia food with any complaint or concern you may have with respect to an order for which you paid online.
- 6.2. We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
- 6.3. If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
- 6.4. In the unlikely event that the Partner restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Partner restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Partner restaurant.
Section 7: Information
- 7.1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
- 7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Section 8: Linked Sites There may be a number of links on our Website to third party Websites which we believe may be of interest to you.
We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
Section 9: Complaints We take complaints very seriously and place customers at the core of our processes.
We aim to respond to your complaints within 5 business days. Please submit any ll complaints to the following email address [email protected]
Section 10: Limitation of Liability
- 10.1. Great care has been taken to ensure that the information available on this website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish in ur website. We cannot warrant that use of the Website will be error free or fit for purpose. We will ake our best to correct such errors in a timely and effective manner.Also,Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- 10.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- 10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
- 10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- 10.6. If we have contracted to provide identical or similar order to more than one ustomer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
- 10.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- 10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- 10.9. In the event jumia food has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, jumia food may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should their exist an abuse of vouchers or discount codes, jumia food reserves the right to seek compensation from any and all violators
- 10.10. Offers are subject to jumia food's discretion and may be withdrawn at any time and without notice.
Section 11: General
- 11.1. All prices are in Kenya Shillings.
- 11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign part or parts of our rights under these T&Cs without your consent or any requirement to notify you.
- 11.3. We may alter or vary the Terms and Conditions at any time without notice to you.
- 11.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
- 11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
- 11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
- 11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya.
- 11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- 11.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Kenya Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Kenya Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
Jumia Prime Terms & Conditions
These T&Cs apply to you if you subscribe to have a Jumia Prime account. These do not replace the Terms and Conditions of Service for your Jumia account, which will continue to apply.
1. Jumia Prime
What is it? Jumia Prime is a customer loyalty programme (“Jumia Prime”) that entitles users to subscribe (on a monthly basis) to receive unlimited free delivery on orders through Jumia Food.
Benefits: Subscribers to Jumia Prime will receive unlimited free delivery on all orders placed through Jumia Food in Participating Cities (as described in section 2 (“Eligible Users”) below) throughout the Kenya. Jumia Prime may notify Eligible Users of other benefits at its discretion (for example, restaurant offers).
2. Eligible Users
To qualify as an Eligible User for a Jumia Prime subscription, you must meet the following criteria both at the time you sign up for a Jumia Prime account and at all times during your Jumia Prime subscription: You must:
be located in a city within the Kenya that has been notified to you on the Jumia Food app or website as operating Jumia Prime (“Participating City”);
sign up to Jumia Prime on your personal account (Jumia Prime is currently not available for corporate accounts);
agree to limit your Jumia Food account to only one user and not share your Jumia Food account details with any third party at any time during your Jumia Prime subscription;
If you do not meet these criteria, you will not be eligible for a Jumia Prime subscription. You will be deemed to be in violation of the terms set out in this paragraph if, at any time during your Jumia Prime subscription, you do not comply with any of the above criteria. If Jumia becomes aware that you are in violation of the terms set out in this paragraph, Jumia may (in its sole discretion) immediately suspend or terminate your Jumia Prime subscription (along with any other steps Jumia is entitled to take in accordance with the Terms and Conditions of Service for your Jumia account).
If it has been determined by Jumia that you do not comply with the above criteria, but you believe that you do, you should contact the Customer Service Team by emailing [email protected]
3. To Sign Up
Eligible Users can sign up for Jumia Prime through our Service by:
either logging online under the “My Account” section of your profile, from your order basket or after you have placed an order through Jumia Food.
tapping the promotion prompt to receive details (including pricing details) about Jumia Prime
following the link from the Jumia Prime landing page.
4. Jumia Prime Fees
Eligible Users can subscribe to Jumia Prime for an upfront fee which will be communicated at the time of subscribing (“Jumia Prime Fee”). You acknowledge and agree that Jumia may vary the Jumia Prime Fee. Any increase to your Jumia Prime Fee will be notified to you on renewal of subscription.
5. Jumia Prime Subscription Period
Your Jumia Prime subscription period ('Jumia Prime Subscription Period') is either one calendar month, three calendar months or six calendar months in length, chosen by you at your time of purchase. Your first Jumia Prime Subscription Period will start on the day you sign up. For example, if your Start Date is 30th March and you choose a three month subscription, your subscription will expire at the end of the 29th of April.
6. Payment And Billing
Payment Method: Payment for Jumia Prime must be made by a credit or debit card through the Jumia Food app and site ("Payment Method").
Refunds: Jumia Prime Fees are non-refundable, with no exceptional circumstances, including if you are found to be in violation of the terms set in section “2. Eligible Users”. In instances where you make double payments towards your subscription, the additional payment will be applied towards a subscription renewal.
7. Managing Your Jumia Prime Account
All information relating to your Jumia Prime subscription will be contained in the “My Account” section of the Jumia Food app or site under “Jumia Prime”. From here, you will be able to view the remaining time on your Jumia Prime subscription and purchase a subscription renewal.
Cancellation of Jumia Prime: You may deactivate your Jumia Prime subscription at any time by contacting Jumia Food customer service. Following cancellation, you will continue to receive the Jumia Prime service for the duration of your current Jumia Prime Subscription Period.
Reimbursement: If you cancel your Jumia Prime subscription, we will not be able to reimburse to you a refund for the existing duration of your subscription.
9. Termination Or Modification
You agree that Jumia, in its sole discretion, may terminate, deactivate and/or suspend any account (or part thereof) you may have with us or use of the Service and remove and discard all or part of your account and/or discontinue, modify or alter any aspect, feature or policy of the Service or Jumia Prime.
www.food.jumia.co.ke and www.party.jumia.co.ke are owned by Jumia Group (E-Cart Services LTD). In case of problems or questions with online payments please call 020 765 9000.
Section 5: Mastercard promotion
- This Campaign (“Campaign”) is co-sponsored by Mastercard and Jumia for purchases made by making a payment through JumiaPay on the following Jumia apps, mobile sites and websites (collectively referred to as “Platform”) which Platform is owned and operated by Jumia (“Jumia”, “We” or “Our”).
- Jumia One
- Jumia Mall
- Jumia Deals
- Jumia Food
- Jumia Global
- Registered users of the Platform using a Mastercard card to make the payment (hereinafter referred to as “Cardholder/You/Your”) are eligible to participate in the Campaign on the following terms and conditions. All references to “Card” shall mean Mastercard.
- By participating in the Campaign (defined below), Cardholder agree to be bound by:
- these terms and conditions (“T&C”);
- all applicable terms and conditions of Jumia.
- The Campaign is valid on Tuesdays during the term of the Campaign. The Campaign is valid from March 2020 to September, 2020.
- Under this Offer, Cardholders will get a 10% instant discount per transaction, capped to a maximum of KES 1,000 discount”), on the purchase of products sold on the Platform and when completing Your purchase via Mastercard card.
Other Terms and Conditions
- Campaign is NOT applicable on transactions made using any card that is not a Mastercard.
- The Campaign is NOT applicable on transactions not made through JumiaPay.
- In case of cancellation of Your order, the transaction will not qualify for the Offer. If you cancel or return part of Your order, you will qualify for the Campaign only on the net amount You pay based on eligibility.
- Jumia / Mastercard reserves the right to disqualify the Cardholder(s) from the benefits of the Offer, if any fraudulent activity is identified as being carried out for availing the benefits under the said Campaign or or for any other purpose.
- Any person availing this Campaign shall be deemed to have accepted these terms and conditions.
- Jumia / Mastercard reserve the right, at any time, without prior notice and without assigning any reason whatsoever, to add/alter/modify/change or vary these terms and conditions or to replace, wholly or in part, this Campaign by another offer, whether similar to this Campaign or not, or to extend or withdraw it altogether.
- Cardholders are not bound in any way to participate in this Offer. Any participation is voluntary, and the Campaign is being made purely on a best effort basis.
- Nothing herein amounts to a commitment by Jumia / Mastercard to conduct further, similar or other offers.
- The above Campaign is by way of a special Campaign for Mastercard card holders only and nothing contained herein shall prejudice or affect the terms and conditions of the card member agreement with the bank. The terms of this Campaign shall be in addition to and not in derogation of the terms contained in the card member agreement.
- You understand that Jumia may share Your transactional data with Mastercard / Jumia for purposes of this Campaign and for checking Your eligibility for their products and services and by participating in this Offer, You expressly consent to this sharing of Your data for these purposes.
- Your Transaction data does not contain any personal or sensitive data related to customer bank or personal details.
- Jumia does not endorse any of the products or brands being offered under the Campaign and will not accept any liability pertaining to the quality, merchantability, fitness, delivery or after sales service of such products which shall be at the sole liability to sellers on the Platform.
- All the existing offers, gifts, discounts etc. that are being offered can be availed to the Cardholders as part of this exclusive Campaign as mentioned in the communication.
- Pictures of products shown in the communication sent to the customer either through mailers or advertised on the Platform, are representative only and may not bear a resemblance to the actual products. None of the parties shall under any circumstances be responsible towards the same.
- Under no circumstances will the Offer/discount being offered under this Campaign be settled with cash in lieu by Mastercard or Jumia.
- Returned transactions, disputed or unauthorized/fraudulent transactions will not be considered for the Offer
- Jumia / Mastercard will not entertain any correspondence regarding the validity or acceptability of any additional benefits offered by seller(s) on products/services made available by it and the same shall be at the sole risk and consequences of such seller(s) and without reference to Jumia / Mastercard.
- Jumia / Mastercard or the seller(s) shall not be liable for any failure by Your bank to honor the transaction and for any technical issues attributable to Your bank because of which the transaction made by the Cardholder was not successful.
- All government levies such as withholding tax, VAT or any other Local Tax shall be payable by the Cardholder, where and as applicable, at the time of the respective offer.
- This Campaign shall be subject to all applicable laws, rules and regulations which are in existence and which may be promulgated anytime by any statutory authority.
- All liability with respect to the products purchased lies with the respective sellers and neither Jumia nor Mastercard shall be in any way responsible for the same.
- This Campaign is valid only in Kenya.
- Jumia’s decision in respect of all matters to do with the Campaign will be final and no correspondence will be entered into.
- The Campaign and these Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the the Republic of Kenya. .
- In the event of any dispute, or disagreement between the parties in relation to this Agreement, the Parties shall at first, meet to negotiate in good faith to settle the matter amicably. Where Parties fail to resolve any matter within 21 days, it shall be referred to a sole Arbitrator to be appointed by the parties herein, or in the absence of such agreement, to an Arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators