Acceptance of Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Ufulu Bakery ("we", "us", "our", "the Company"), a business operating in Kabwe, Central Province, Republic of Zambia.
Your access to and use of this website β including any content, features, or services offered therein β is conditioned upon your unconditional acceptance of these Terms. By using this website in any manner, you confirm that:
- You are at least 18 years of age, or are at least 16 years of age and have obtained verifiable consent from a parent or legal guardian;
- You have the legal capacity to enter into a binding agreement under the laws of Zambia;
- You will comply with all applicable Zambian laws and regulations when using this website;
- All information you provide to us is accurate, current, and complete.
About Ufulu Bakery
Ufulu Bakery is a registered bakery business located at Plot 1344/45 Buntungwa Street, Industrial Area, Kabwe, Central Province Zambia. We operate our online sales platform at www.ufulubakery.shop and via WhatsApp ordering on +260 977402658.
We sell artisan bread, celebration cakes, pastries, cookies, and related food products. All products are prepared at our licensed premises in Kabwe in compliance with applicable Zambian food safety and public health regulations.
Use of the Website
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use this website solely for lawful personal and commercial ordering purposes in accordance with these Terms.
You agree that you will NOT use this website to:
- Engage in any conduct that is unlawful, fraudulent, or harmful under Zambian law;
- Transmit unsolicited commercial communications (spam) or malware;
- Attempt to gain unauthorised access to any part of the website, server, database, or connected system;
- Systematically extract data from the website using automated tools (scraping) without our express written permission;
- Interfere with, damage, or disrupt the website's functionality, security, or integrity;
- Impersonate another person or entity, or misrepresent your affiliation with any person;
- Post or transmit any content that is defamatory, obscene, abusive, threatening, or discriminatory;
- Infringe the intellectual property rights of Ufulu Bakery or any third party;
- Violate any provision of the Cyber Security and Cyber Crimes Act No. 2 of 2021 of Zambia.
We reserve the right to suspend or permanently block access to any user who violates these Terms, without notice and without liability to that user.
User Obligations
By using this website, you accept full responsibility for the following obligations:
- Accuracy of Information: You must provide accurate, truthful, and complete information when placing orders, completing contact forms, or registering on the site. You are solely responsible for the consequences of providing false information.
- Account Security: If applicable, you are responsible for maintaining the confidentiality of any account credentials and for all activities conducted under your account.
- Compliance with Law: You must comply with all applicable Zambian laws and regulations when accessing and using this website.
- Device & Connection Security: You are responsible for ensuring that your device, browser, and internet connection are adequately secured and that your use of the website does not introduce viruses or malicious code.
- Order Responsibility: You are responsible for reviewing your order in full before submission. Once an order is confirmed, you are bound by its terms as set out in Clause 5.
- Contact Information: You must ensure that the phone number, address, and contact details you provide for delivery are correct. We bear no responsibility for failed deliveries due to incorrect user-provided information.
Orders & Payments
All orders placed through our website or via WhatsApp constitute an offer to purchase, which we may accept or decline at our sole discretion. An order is only confirmed when you receive a written confirmation from us via WhatsApp or email.
Prices: All prices displayed on the website are quoted in Zambian Kwacha (ZMW) and are inclusive of applicable taxes. We reserve the right to change prices at any time without prior notice; however, prices confirmed at time of order acceptance will be honoured.
Payment Methods:
- Cash on delivery (Kabwe area)
- Mobile money: Airtel Money and MTN Mobile Money
- Bank transfer to our designated account
- Card payment via authorised third-party payment gateway (where available)
Custom Orders: For custom cakes and bespoke orders, a 50% non-refundable deposit is required upon order confirmation. The remaining balance is due on or before delivery. Failure to pay the balance on the agreed date constitutes a breach of contract.
Delivery Policy
Delivery is available within Kabwe and selected surrounding areas. Delivery timelines, areas, and fees are as communicated at the time of order confirmation via WhatsApp.
| Scenario | Responsibility |
|---|---|
| Incorrect delivery address provided by User | User bears full liability for re-delivery cost |
| User unavailable at time of delivery | User bears full liability for re-delivery or loss of perishable goods |
| Delay caused by third-party delivery agent | Ufulu Bakery will attempt to resolve; not liable for consequential loss |
| Damage during delivery due to negligence | Must be reported within 2 hours of receipt with photographic evidence |
| Product consumed before complaint raised | No liability accepted β User is deemed satisfied |
Risk and title in all goods passes to the User upon delivery or collection. Once goods are delivered and accepted, the User assumes full responsibility for them.
Cancellations, Returns & Refunds
Due to the perishable nature of food products, our cancellation and refund policy is as follows:
- Standard orders (bread, pastries, cookies): Cancellation is accepted up to 2 hours before the scheduled delivery or collection time. No refund is available after this window.
- Custom cake orders: The 50% deposit is strictly non-refundable upon confirmation. Cancellations made more than 48 hours before delivery will forfeit the deposit only. Cancellations within 48 hours forfeit the full order value.
- Defective or incorrect products: If you receive a product that is genuinely defective, incorrect, or unsafe, contact us within 2 hours of receipt with clear photographic evidence. We will at our discretion offer a replacement, store credit, or refund.
- Change of mind: We do not accept returns or offer refunds for change of mind on food products.
Intellectual Property
All content on this website β including but not limited to the Ufulu Bakery name and logo, text, photographs, graphics, product images, page layouts, icons, software code, and the compilation thereof β is the exclusive intellectual property of Ufulu Bakery or its licensors, and is protected under applicable Zambian intellectual property laws.
You may not:
- Copy, reproduce, republish, distribute, transmit, or commercially exploit any content from this website without our prior written consent;
- Use our brand name, logo, or trademarks in any way that could cause confusion or suggest endorsement;
- Create derivative works based on our website content;
- Frame or mirror any part of this website on another website without express permission.
Any unauthorised use of our intellectual property constitutes an infringement and may give rise to civil and criminal liability under Zambian law. All costs of enforcement, including legal fees, are borne by the infringing User.
User Liability
This clause sets out the liabilities and responsibilities that are expressly borne by you, the User, when accessing or using our website and services. These provisions are made in accordance with the general principles of contract law and tort law applicable in the Republic of Zambia.
Our Liability Limits
While we take every care to provide high-quality products and a reliable service, our liability to you is limited as follows:
- Our maximum total liability to you in connection with any order shall not exceed the total amount paid for that specific order.
- We are not liable for any indirect, special, incidental, or consequential loss, including loss of business, loss of profit, loss of enjoyment, or reputational damage, arising from your use of our website or products.
- We are not liable for website downtime, errors, or interruptions that are outside our reasonable control, including server outages, third-party platform failures, or force majeure events.
- We do not warrant that this website is free from viruses or malicious code. You are responsible for ensuring your device is protected. We bear no liability for any damage to your device resulting from accessing this website.
- We are not liable for delays or failures caused by circumstances beyond our control, including floods, extreme weather, power outages, civil unrest, government orders, or other force majeure events affecting Zambia.
- Product photographs on this website are for illustrative purposes only. Minor differences in appearance between product photos and actual products are expected and do not constitute a defect or misrepresentation.
Third-Party Links
Our website may contain links to third-party websites, services, or platforms, including WhatsApp, Facebook, Instagram, Google Maps, and payment gateways. These links are provided for convenience only.
We do not control, endorse, or assume any responsibility for the content, privacy practices, or security of third-party platforms. Your use of any third-party platform is subject to that platform's own terms and privacy policy. You access third-party links entirely at your own risk, and any loss or harm arising from such access is borne by you.
WhatsApp Orders
A significant portion of our ordering process is conducted via WhatsApp at +260 977402658. By communicating with us via WhatsApp, you agree that:
- WhatsApp messages constitute a valid and binding method of placing orders and confirming agreements under these Terms;
- WhatsApp is a third-party platform operated by Meta Platforms Inc., and its terms of service and privacy policy apply to your use of that platform. Ufulu Bakery is not responsible for WhatsApp's data practices;
- Order details communicated via WhatsApp, once confirmed by us, are binding on you as the User;
- You will not use WhatsApp communication with us to send abusive, threatening, or unlawful content. Any such conduct may be reported to the Zambia Police Service;
- WhatsApp conversation records may be retained by us for order and legal compliance purposes for the periods set out in our Privacy Policy.
Indemnification
You agree to fully indemnify, defend, and hold harmless Ufulu Bakery, its owners, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including reasonable legal fees, arising from:
- Your breach of any provision of these Terms and Conditions;
- Your violation of any Zambian law, regulation, or third-party rights through your use of this website;
- Your negligent or wrongful conduct in connection with your use of our products or services;
- Any content you submit, post, or transmit through our website or WhatsApp channels that causes harm to Ufulu Bakery or any third party;
- Any claim by a third party arising from your use of our website or products;
- Your failure to disclose relevant allergen or dietary information at time of ordering, resulting in any health consequence to yourself or any third party.
This indemnification obligation shall survive the termination of your use of our website and these Terms.
Governing Law
These Terms and Conditions are governed by, and shall be construed in accordance with, the laws of the Republic of Zambia. Any legal action or proceeding arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Zambia.
The following Zambian statutes are expressly applicable to these Terms where relevant:
- The Electronic Communications and Transactions Act No. 4 of 2021 β governing the validity and enforceability of electronic contracts and communications;
- The Data Protection Act No. 3 of 2021 β governing the handling of personal data;
- The Cyber Security and Cyber Crimes Act No. 2 of 2021 β governing cybercrime and unauthorised computer access;
- The Consumer Protection Act of Zambia β governing consumer rights in commercial transactions;
- The Penal Code of Zambia (Chapter 87) β applicable to fraudulent conduct;
- The Contract Law of Zambia β governing offer, acceptance, and enforceability of agreements.
Dispute Resolution
In the event of a dispute arising from these Terms or your use of our website and services, we encourage the following resolution process:
- Direct Resolution: Contact Ufulu Bakery directly via email at info@ufulubakery.shop or WhatsApp at +260 977402658. We will endeavour to resolve all disputes amicably within 14 business days.
- Mediation: If direct resolution fails, either party may request mediation facilitated by a neutral third party in Kabwe, Zambia, at the disputing party's mutual cost.
- Arbitration: If mediation fails, disputes shall be referred to binding arbitration in accordance with the Arbitration Act of Zambia, with the seat of arbitration in Kabwe, Central Province.
- Judicial Proceedings: Either party may seek urgent injunctive relief from a Zambian court of competent jurisdiction without prejudice to arbitration proceedings.
All legal costs, including attorney fees and court costs, arising from disputes caused by User misconduct or breach of these Terms shall be borne entirely by the User.
Amendments
Ufulu Bakery reserves the right to amend, update, or replace these Terms and Conditions at any time at our sole discretion. Changes will be posted on this page with an updated effective date. Where changes are material, we will provide reasonable notice via our website or email.
Your continued use of the website after any amendment constitutes your acceptance of the updated Terms. If you do not agree with any updated Terms, you must stop using the website immediately.
We recommend that you review these Terms periodically. The date of the most recent revision is always displayed at the top of this page.
Contact Us
For any questions, concerns, or legal notices relating to these Terms and Conditions, please contact us:
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Ufulu Bakery with respect to your use of this website and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be invalid or unenforceable under Zambian law, the remaining provisions shall continue in full force and effect.