Terms of Use
1. Definitions
1.1. “Kafuche”, “We”, “Us”, or “Platform” refers to Kafuche Pvt. Ltd., a multivendor ecommerce platform based in Thamel, Kathmandu, Nepal.
1.2. “User”, “You”, or “Your” refers to any individual or entity accessing or using the Platform, including Buyers and Vendors.
1.3. “Buyer” refers to a User purchasing products on the Platform.
1.4. “Vendor” refers to a User selling products on the Platform.
1.5. “Content” includes product listings, reviews, images, text, or other materials submitted to or displayed on the Platform.
1.6. “Services” refers to the ecommerce functionalities provided by Kafuche, including browsing, purchasing, and selling branded fashion and accessories.
2. Introduction & Acceptance
2.1. About Kafuche
Kafuche is Nepal’s premier multivendor ecommerce platform, connecting Buyers with trusted Vendors offering branded products like Nike, Hummel, Sonam, and Jockey. We provide a marketplace for seamless transactions, delivery coordination, and customer support within Nepal.
2.2. Binding Agreement
By accessing or using Kafuche (via our website kafuche.com or mobile app), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, please do not use the Platform. These Terms form a legally binding contract between you and Kafuche.
2.3. Age Restriction
You must be at least 18 years old to use Kafuche. If you are under 18, you may use the Platform only with the consent and supervision of a parent or legal guardian.
3. Account Registration & Security
3.1. User Eligibility
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Buyers and Vendors must provide accurate, complete, and current information during registration.
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Vendors must be legally authorized to sell products in Nepal (e.g., registered businesses or sole proprietors).
3.2. Account Creation
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Buyers: Register with an email, phone number, and password to browse, purchase, or leave reviews.
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Vendors: Apply through the Kafuche Vendor Portal, submitting business details (e.g., name, tax ID), bank information, and product listings for approval.
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Accounts are non-transferable.
3.3. Password Security
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You are responsible for keeping your password confidential.
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Notify us immediately at support@kafuche.com if you suspect unauthorized account activity.
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Kafuche is not liable for losses due to compromised passwords.
3.4. Account Suspension/Termination
We may suspend or terminate your account if you:
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Violate these Terms (e.g., fraudulent activity).
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Provide false information.
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Engage in conduct harmful to Kafuche, Users, or Vendors (e.g., posting illegal Content).
4. User Obligations & Conduct
4.1. Prohibited Activities
You agree not to:
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Engage in fraud (e.g., fake reviews, unauthorized payments).
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Post or transmit spam, viruses, or illegal Content.
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Use the Platform for unlawful purposes (e.g., selling counterfeit goods).
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Interfere with the Platform’s functionality (e.g., hacking attempts).
4.2. Content Submission Guidelines
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All Content (e.g., product listings, reviews) must be accurate, lawful, and non-infringing.
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You grant Kafuche a non-exclusive, royalty-free license to use, display, and store your Content for Platform operations.
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We may remove Content that violates these Terms without notice.
4.3. Vendor-Specific Requirements
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Vendors must:
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Provide accurate product descriptions, images, and pricing (e.g., “Nike Air Max, NPR 12,000”).
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Ensure products are authentic and comply with Nepali laws.
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Process orders within 2 business days and meet shipping deadlines.
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Vendors are responsible for their product quality and warranty claims.
4.4. Buyer Responsibilities
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Provide truthful payment and shipping information.
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Submit honest, fair reviews without offensive language.
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Follow payment terms (e.g., settle cash-on-delivery promptly).
5. Transactions & Financial Terms
5.1. Order Processing Workflow
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Buyers place orders via the Platform, selecting products, shipping, and payment methods (e.g., Khalti).
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Kafuche forwards orders to Vendors, who pack and ship via Nepal Can Move.
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Delivery timelines: 3–7 days (standard) or 1–2 days (express) within Nepal.
5.2. Pricing and Payment Terms
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Product prices are set by Vendors and displayed in Nepalese Rupees (NPR).
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Buyers pay at checkout. Payments are processed securely via PCI-compliant gateways (e.g., Khalti, eSewa, Stripe).
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Kafuche charges Vendors a 10% commission per sale, deducted from payouts.
5.3. Sales Tax
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Prices include VAT (13%) as required by Nepali law, shown at checkout.
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Vendors are responsible for reporting and remitting their sales tax to authorities.
5.4. Currency and Localization
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All transactions are in NPR.
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No currency conversion fees apply, as Kafuche operates solely in Nepal.
6. Intellectual Property Rights
6.1. Platform Ownership
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Kafuche owns all website content, designs, logos, and trademarks (e.g., the “Kafuche” logo).
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You may not copy, modify, or distribute our content without written permission.
6.2. Vendor Ownership
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Vendors retain ownership of their product images, descriptions, and trademarks.
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By submitting Content, Vendors grant Kafuche a license to use it for marketing and Platform operations.
6.3. Trademark Usage
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You may not use Kafuche’s or Vendors’ trademarks without prior approval.
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Vendors must ensure their products (e.g., Nike, Sonam) are authentic and authorized.
6.4. Copyright Infringement Reporting
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If you believe Content on Kafuche infringes your copyright, email support@kafuche.com with:
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A description of the copyrighted work.
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The URL of the infringing Content.
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Your contact details and a statement of good faith.
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We comply with applicable laws (e.g., DMCA) and will remove infringing Content promptly.
7. Dispute Resolution
7.1. Buyer-Vendor Disputes
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If a Buyer and Vendor disagree (e.g., over a defective Hummel jacket), contact support@kafuche.com with your order ID and details.
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Kafuche mediates by reviewing evidence (e.g., photos, emails) and proposes a resolution (e.g., refund, replacement) within 7 business days.
7.2. Platform’s Role
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We act as a neutral mediator but are not liable for Vendor products or Buyer actions.
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Our decisions in disputes are final, based on our policies (e.g., Return & Refund Policy).
7.3. Arbitration
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Any disputes between you and Kafuche will be resolved through binding arbitration in Kathmandu, Nepal, under the Nepal Arbitration Act 1999.
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You waive the right to participate in class action lawsuits against Kafuche.
7.4. Governing Law
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These Terms are governed by the laws of Nepal. Any legal proceedings will occur in Kathmandu courts.
8. Liability Limitations
8.1. Platform’s Role
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Kafuche is a marketplace, not a manufacturer or seller of products. We do not control Vendor inventory, quality, or delivery.
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Vendors are solely responsible for their products and warranties.
8.2. Disclaimer of Warranties
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The Platform is provided “as is” without warranties of any kind, express or implied.
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We do not guarantee that products meet your expectations or that the Platform will be error-free.
8.3. Limitation of Liability
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Kafuche’s liability for any claim (e.g., service issues) is limited to the amount you paid for the relevant transaction (e.g., order value).
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We are not liable for indirect damages (e.g., lost profits) or Vendor/Buyer actions.
8.4. Force Majeure
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Kafuche is not responsible for delays or failures due to events beyond our control (e.g., natural disasters, strikes, or government restrictions).
9. Termination Policy
9.1. Grounds for Termination
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We may terminate your account if you:
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Breach these Terms (e.g., selling counterfeit goods).
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Engage in fraudulent or harmful activity.
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Fail to meet Vendor obligations (e.g., delayed shipments).
9.2. Voluntary Account Closure
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You may close your account by emailing support@kafuche.com.
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Buyers: Outstanding orders must be completed or canceled.
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Vendors: All payouts and returns must be settled before closure.
9.3. Post-Termination Obligations
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You must cease using the Platform and remove any Kafuche-related Content.
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Any pending transactions or disputes will be resolved per these Terms.
10. Modifications to Terms
10.1. Updates
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We may update these Terms to reflect changes in our Services or laws.
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The updated version will be posted on kafuche.com with the “Last Updated” date.
10.2. Notification
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We’ll email Users about major changes at least 7 days in advance.
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Continued use of the Platform after changes constitutes acceptance.
11. General Provisions
11.1. Entire Agreement
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These Terms, along with our Privacy Policy, Payment Policy, Shipping Policy, and Return & Refund Policy, form the complete agreement between you and Kafuche.
11.2. Severability
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If any part of these Terms is found invalid, the remaining parts remain enforceable.
11.3. No Waiver
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Our failure to enforce any provision does not waive our right to enforce it later.
11.4. Contact Information
For questions or support:
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Email: support@kafuche.com
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Phone: +977-1-555-1234 (9 AM–5 PM NPT)
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Address: Kafuche Pvt. Ltd., Thamel, Kathmandu, Nepal