Terms & Conditions
The Cherry Box Account agreement (“Agreement”) is entered into by CHERRY BOX (“Cherry Box”, “we”, “our”) and the individual or entity identified in the Cherry Box Application Form (referred to as “You” or “your”). By using the Cherry Box service (“Service”), you agree to abide by the terms and conditions (“Terms and Conditions”) outlined in this Agreement. The Service is provided to you under these Terms and Conditions and any updates or amendments that may be made by Cherry Box, as well as any related operating rules and policies that are published on the Website.
Your use of the Cherry Box Account (“Account”) is subject to the following Terms and Conditions:
Definitions and Interpretation
A “Shipment” refers to all documents or parcels that are transported together under one waybill and can be carried by any means chosen by Cherry Box, including air, road, or other carriers. The waybill includes any label produced by Cherry Box’s automated systems, air waybill, or consignment note and incorporates these Terms and Conditions in full. All Shipments are transported with limited liability as outlined in this Agreement.
“Dangerous Goods or Prohibited Goods” are cargo that are hazardous, dangerous, flammable, explosive, offensive, or radioactive, or have the potential to become so. This includes, but is not limited to, items such as Lithium-ion batteries, Currency, Jewellery Bullion, Cashier’s Cheques, Precious Metals and Stones, Industrial Carbons and Diamonds, Money Orders, Works of Art, Antiques, Stamps, Negotiable Instruments in Bearer Form, Pharmaceuticals, Perishables, Live Animals, Firearms, Alcohol, Tobacco, Obscene Material, and other Dangerous Goods.
“Goods” refer to any goods or items that are the subject of the Service provided by Cherry Box to you under these Terms and Conditions.
“Government Authorities” refers to all government or semi-governmental departments and agencies that are responsible for the import and export of goods, the collection of revenue on the import and export of goods, and the transport of those goods.
“Website” refers to the Cherry Box website (www.CherryBox.ke).
The Service Provided by Cherry Box
The Service allows you to purchase products in the United Arab Emirates and other countries as notified by Cherry Box. However, Cherry Box is not responsible for the quality of the goods, warranties, delivery issues, backup orders, or any other issues related to the goods. Additionally, Cherry Box is not responsible if the purchase cannot be made for any reason.
Upon delivery of your goods to the Cherry Box location and your payment, Cherry Box will process your shipment and arrange for delivery of the item to the address provided in the Address Form (“Delivery Address”).
To ensure proper delivery, all Shipments require a full name, address, contact number, and (if relevant) a Post Office box address.
All Services are accessed through the Website.
The options selected and prices stated at checkout are final and cannot be changed once payment has been processed.
The prices quoted on the Website include all taxes and duties.
You are responsible for checking, editing, and inputting the specifications and values of your goods to ensure they match the values found on the online vendor from which the goods will be purchased.
Cherry Box will store your goods for thirty (30) days without charge, after which additional days will be charged at the rate defined on the Website. After checkout, Cherry Box will consolidate all items requested (provided there are no prohibited items) and package, label, and prepare customs documentation for international shipment.
Creating an account and appointing Cherry Box as your representative
To use the Service, you must complete the Cherry Box Application Form (“Application Form”) and create an Account on the Website. Only individuals who are eighteen (18) years of age or older (or the legal age of majority in your country) can register for access to the Service.
By registering for the Service, you authorize Cherry Box to act as your agent for the purchase, receipt and organisation of transportation of your packages.
Receiving and Delivering Packages
The Service provided by Cherry Box involves purchasing and receiving your packages at the Cherry Box Location and then transporting them to your Delivery Address.
You are fully responsible for providing the correct details of the items you have requested to purchase to Cherry Box, and for confirming these details. You understand that providing incorrect information may result in non-purchase, non-delivery or delayed delivery of items or may result in additional fees for which you will be held responsible.
Any Shipment that cannot be delivered to you (for reasons including, but not limited to, your failure to pay, give proper instructions, your failure to confirm that the shipment is acceptable for entry into the destination country, failure to update your Delivery Address, or you cannot be contacted after reasonable attempts) will be considered as Uncollected Good or Unclaimed Good and Cherry Box reserves the right to handle that Shipment in any legal manner it deems appropriate, including discarding, destroying, returning to sender, or auctioning the package.
Checking packages for any damage or issues
Cherry Box has the right, without any liability, to open and examine all goods delivered to the Cherry Box Location (or at any other time while in Cherry Box’s possession) and to inspect the nature or condition of the goods or determine their ownership or destination at any time.
Limitations on The Service
Cherry Box has the right to stop transporting any Shipment or Goods at any point after they have been accepted, if the Shipment or Goods have the potential to cause damage or delay to other Shipments, Goods, equipment, or personnel, or if transporting such items is prohibited by law or violates any of these Terms and Conditions.
Costs Associated with Shipping
Cherry Box will provide registration for the Services at no cost but reserves the right to change this policy at any time.
Shipping fees will be based on the rate stated on the Website and will include government taxes, import VAT (applicable on the total invoice value of the goods including insurance, freight, incidental charges related to transportation, and custom duties), and any other third-party charges that apply to the shipment of your goods. You understand and agree that all such taxes, VAT, import VAT, and third-party charges must be paid by you prior to or upon delivery of your shipment.
You agree to pay all applicable Shipping Fees and other charges, including custom duties and import VAT for any Shipment ordered on your Account when requested to do so by Cherry Box, regardless of who placed the order. This applies to all Cherry Box accounts, including those of individuals and entities. If Customs does not dispute the value, the actual amount of import VAT and customs duty charged by your country’s Customs authority may differ from the amount you paid Cherry Box. In the event that the actual customs duty and import VAT is more than the estimated amount charged by Cherry Box, Cherry Box has the right to charge you the difference, along with any penalty, fine, or expense incurred by Cherry Box due to inaccurate information provided by you.
Prohibiting Illegal Use
You agree not to use the Service and/or Account for any illegal, immoral, obscene, or fraudulent purposes or for any other purposes prohibited by Cherry Box, the respective Cherry Box Location, or any other applicable regulations.
You also agree to comply with all applicable federal, state, and/or local laws of the respective Cherry Box Location, as well as other applicable international laws, including laws related to the transportation and export of commercial matter, such as banking, money laundering, trade sanctions, and terrorist activities when using the Service and/or Account.
Any purchase request received in violation of this clause may result in the forfeiture of the Purchase request.
We Will Not Purchase
You understand and agree that we will not purchase, and you must not attempt to request purchase of any items classified as Prohibited Goods or articles that are prohibited by any applicable government department or other relevant organization. These items include but not limited to acids, all psychotropic drugs, anything that is flammable with a flash point of 14, degrees Fahrenheit or less, arms & ammunition, auto parts with fluids in them, hazardous batteries, bearer documents, hazardous bio-Products, bows, arrows, fencing foils & toys, hazardous chemicals, communistic materials, coral & similar material, corrosives, hazardous cosmetics, counterfeit goods of all kinds, distilled beverages, flammables, gases, genetically modified products, hazardous wastes & their disposal, hippopotamus teeth, historical artifacts, blue ice, dry ice, wet ice, infectious substances, ivory, hazardous liquids, hazardous liquor, magnetized materials, mangos and herbal grass, maps, matches, narcotic drugs, natural sponges of animal origin, oxidizers, ozone-depleting substances, hazardous paints, hazardous, perfume, poisons, pornographic materials, powders, precious metals & stones, precious metals, with the exception of fine jewellery, progeny eggs, radio actives, rhinoceros’ horn, soap &, cosmetic products containing mercury, spent fuel elements (cartridges) of nuclear reactors
telescope sights or other optical devices suitable for use with arms, hazardous toiletries, tortoise shell, whale bone & hair, antlers, hooves, nails, claws and beaks, traps capable of killing or capturing game animals, used tires (for light commercial/passenger cars), Viagra. Prohibited or restricted purchase requests and shipments will be forfeited.
Restricted Business
You assure that the packages you are shipping are not related to any forbidden businesses, such as pornography or weapons, and that the items being shipped are not intended for any country that Cherry Box is not allowed to do business with due to international or local laws, regulations, directives, ordinances, treaties, etc.
Blacklisted Names
You guarantee that your name is not on any list of prohibited individuals or entities issued by any government in the location of Cherry Box or by any worldwide regulatory authority.
Purpose of the Account
You understand that your Account with Cherry Box is solely intended for the purpose of accessing and utilizing the Services outlined in these Terms and Conditions.
Account Security
You must make sure that your password is kept confidential and not shared with anyone else. You are fully responsible for your password and must inform Cherry Box immediately if there is any unauthorized use of your account or any other security breaches related to your account. Cherry Box will not be held responsible for any loss or damage that may occur due to fraudulent use of your password and you agree to not hold Cherry Box accountable for any claims arising from unauthorized use of your password.
Indemnification and Warranty
You agree that all information provided by you is accurate and complete. You also agree to take full responsibility for any loss or damage that may occur as a result of your use of the Account and/or Service. This includes, but is not limited to, any loss or damage caused by delayed or failed delivery by postal services or commercial couriers, treatment, examination, or impounding of goods by government authorities, misdescription or undervaluation for customs purposes, violation of any laws or regulations, or damage or loss of any package or account contents.
You also agree to indemnify and hold harmless Cherry Box and its affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees from any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines, or other costs, including reasonable attorney fees, arising out of or in conjunction with your use of the Account and/or Service. This includes, but is not limited to, any costs, expenses, fines, or penalties imposed, or loss or damage incurred as a result of your shipment or goods being impounded by customs or other government authorities, or any breach or non-compliance of these Terms and Conditions.
Limitation of Liability
Cherry Box is only responsible for your Shipment while it is in Cherry Box’s custody or control, and there are limits on Cherry Box’s liability. If your Shipment is transported by air and has a stop in a different country, the airline carrier is responsible for any loss or damage that occurs.
If your Goods are in the possession of a third-party carrier, Cherry Box will try to recover any amounts that you’re owed, but you must indemnify and hold Cherry Box harmless from any claims for loss or damage to your Goods. Any claim for loss or damage must be reported in writing to Cherry Box within 7 days of delivery or when the Goods should have been delivered, and any legal proceedings must be served within 30 days of delivery.
Cherry Box’s liability is limited to either the value of the Goods at the time they were delivered to Cherry Box or $100 per shipment, whichever is less.
Consequential Losses
Cherry Box will not be held responsible for any loss or damage that is not directly caused by Cherry box, such as loss of profits, reputation, income, contracts, or opportunities, as well as any punishment or negative consequences that may occur.
Force Majeure
Cherry Box will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond Cherry Box’s reasonable control, for example Acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.
Changes to Terms and Conditions, Service, and Fees
Cherry Box reserves the right to make changes or updates to these Terms and Conditions at any time without notice to you. Any updates or amendments will be published on the website and will take effect immediately upon publication.
It is your responsibility to periodically check these terms and conditions to ensure that you are in compliance. By using the account or ordering any services after any changes have been made to the terms and conditions, you are accepting and agreeing to be bound by these updates.
It is important to regularly check for any changes or updates to the terms and conditions, as Cherry Box will not be held responsible for any failure to do so.
Cherry Box also reserves the right to change any shipping fees, charges, or shipping frequency at any time without providing prior notice to you. Additionally, there will be no refunds for cancelling the service.
Termination
You understand and agree that Cherry Box may terminate these Terms and Conditions for any valid reason, including but not limited to:
- Your use of the Account for illegal, obscene, or fraudulent activities, or for any purpose that is prohibited by Cherry Box, the respective Cherry Box location, or other regulations.
- Your failure to pay any amounts owed to Cherry Box when they are due.
- Your violation of any provision of these Terms and Conditions or any related operating rules and policies published by Cherry Box on the Website.
You also acknowledge that any actions taken by anyone authorized by you to use your Account or the Service will be attributed to you for the purpose of determining good cause for termination.
Cherry Box has the right to immediately terminate the Service if it suspects any of the activities outlined in these Terms and Conditions and is not responsible for compensating you for such termination.
You have the option to terminate these Terms and Conditions and close your Account by providing Cherry Box with thirty (30) days prior written notice. Cherry Box reserves the right to refuse any dispatch or package delivered to your Account after the termination date.
Additional Information
Cherry Box has the right to dispose of any goods in your account that have not been paid for or if your account has been terminated for a valid reason, within 45 days of receiving the shipment. If your shipment is considered overweight or oversized, you will have 10 days to decide if you want it shipped through express or freight. If you do not inform Cherry Box of your decision within this time period, Cherry Box reserves the right to ship it through express mail. If you fail to pay for shipping fees and other charges, Cherry Box has the right to handle the package in any legal manner Cherry Box sees fit.
Any communication related to these terms and conditions must be in English and sent to the email address provided at the time of registration. Any disputes arising from these terms and conditions will be under the jurisdiction of Kenyan courts and you agree to submit to this jurisdiction. If any part of these terms and conditions is deemed illegal or unenforceable, it will be removed while the rest of the terms and conditions remain in effect. This agreement is the entire agreement between you and Cherry Box regarding your use of the account and service. Cherry Box’s failure to enforce any part of these terms and conditions or exercise any rights does not waive them.