KOMBUCHA KENYA RETAIL PURCHASE AGREEMENT

Effective from: 30th August 2023

This Retail Purchase Agreement stresses the terms of agreement between Kombucha Kenya and any person(s) or business entity that would like to sell or retail Kombucha Kenya's products herein referred to as reseller or stockist This is a legally binding agreement between you and Kombucha Kenya. Throughout this agreement, "we", "us", and "our" refer to Kombucha Kenya. The use of the words "reseller" and "stockist" are used interchangeably in this agreement and refer to you, who intends to sell our products at your facility for profit.

Kombucha Kenya's products

Kombucha Kenya is the proud manufacturer of Kombucha, Milk Kefir and Water Kefir. All our products are for human consumption and are ready to be consumed at the point of sale.

Product Varieties

We have a number of product varieties for kombucha and Milk kefir. For Milk kefir, we have three varieties; Plain milk kefir (sweetened and unsweetened), chocolate milk kefir (sweetened and unsweetened), and Water Kefir. For Kombucha, we have the following varieties: Original (unflavored) kombucha, Green tea kombucha, Lavender kombucha, Guava kombucha, Rosemary mint kombucha, Ginger turmeric kombucha, Hibiscus Ginger Kombucha, Moringa kombucha, Pineapple kombucha, Mango kombucha, Strawberry kombucha, Blueberry kombucha, Raspberry kombucha, Berry mix kombucha and Kombu Combo (Strawberry Lavender kombucha combinations).
All our varieties/ flavorings are made with zero preservatives or additives and are all natural. The reseller may choose to assort the product varieties in one box. An availability sheet will always be available and accessible to the reseller to know which kombucha he/she will order depending on its availability

Product Purchase Price

  • (A)Kombucha:

    Kombucha will be sold in a 1 litre plastic bottle in a box containing 15 bottles. The unit price of one 1 litre bottle for the reseller is 300/= Kenyan shillings making the box of 15 bottles to sell for 4,500/= Kenyan shillings. The Recommended Retail Price is 400/= shillings per bottle. The reseller shall NOT sell at a price below the Recommended Retail Price. The Minimum Order Quantity is 1 box.


    Kombucha will also be sold in a 500ml plastic bottle in a box containing 25 bottles. The unit Price of 1 250ml bottle for the reseller is 160/= Kenyan shillings, making the Crate of 25 bottles sell for 4,000/= Kenyan shillings. The Recommended Retail Price is 200/= shillings per bottle. The reseller shall NOT sell at a price below the Recommended Retail Price. The Minimum Order Quantity is 1 box.


    Kombucha will also be sold in a 330ml glass bottle in a crate containing 25 bottles. The unit Price of 1 330ml bottle for the reseller is 150/= Kenyan shillings, making the Crate of 25 bottles sell for 3,750/= Kenyan shillings. The Recommended Retail Price is 180/= shillings per bottle. The reseller shall NOT sell at a price below the Recommended Retail Price. The Minimum Order Quantity is 1 crate.


    For restaurants, we also provide the option of having kombucha in 10 litre and 20 litre bottles for whatever flavor needed, which cost 3,000/= and 6,000/= respectively.

  • (B)Kefir:

    Milk kefir will be sold in a 500 ml bottle in a box/crate containing 25 bottles. The unit price for 1 500 ml milk kefir container is 120/= Kenyan shillings, making the crate/box containing 25 bottles sell for 3,000/= Kenyan shillings. The Recommended Retail Price is 160/= shillings per bottle. The reseller shall not sell at a price below the Recommended Retail Price. The Minimum Order Quantity is 1 crate/box.

    For restaurants, we also provide the option of having milk kefir in 10 litre bottles. The 10 litre milk kefir bottle will cost 2,500/= Kenyan shillings.

Note:It is the reseller's responsibility to determine whether or not the price of the products sold is subject to VAT, custom duties, fee, and other taxes.

Price Changes

The prices stated in the clause above are not permanent and Kombucha Kenya have the discretion to change the prices at any time in the future. A price change shall be notified to all clients well in advance.

Refrigeration

The reseller is required to store any and all products that he/she/they purchase from Kombucha Kenya under refrigeration immediately products are delivered to them. This is because Kombucha Kenya products are perishable and risk spoilage/taste and quality alteration if not refrigerated. The reseller therefore is to keep products in their fridge. A fridge from Kombucha Kenya can be requested by the reseller to stock Kombucha Kenya products, however the reseller has to prove excellent sales records of kombucha kenya's products to be en economically viable consideration. However, it should be understood that the fridge supplied to the reseller remains the property of Kombucha Kenya and shall not be stocked with any products that are not of Kombucha Kenya.

Stockist's Online Portal

Stockists/ Resellers who wish to take advantage of online clients who order through shop.kombuchakenya.co.ke can do so by signing up through shop.kombuchakenya.co.ke/become-a-stockist. Clients who visit shop.kombuchakenya.co.ke will be able to buy from Stockists who reside in their area. The stockist online portal is designed to make it easy for the stockist to do the following:

  • 1.)Buy Stock:

    Stockists can replenish their stock bought from Kombucha Kenya by buying their stock online and paying through card, M-PESA, Airtel money, or cash on delivery/collection.

  • 2.)Get Client Orders:

    For the clients that visit shop.kombuchakenya.co.ke, they will be able to identify Stockists that are near their area and place orders with them. The stockist will be notified via SMS of a new order and see order details on their portal. After the client visits their shop and purchases, the stockist is required to login to their portal and mark the order as sold. In Marking the order as sold, the products bought will be automatically subtracted from the stockist' inventory, therefore displaying the correct inventory of products to the next online clients. This is therefore very important.

    Clients that visit shop.kombuchakenya.co.ke and place their order with their preferred stockists may choose to share their contact information or choose not to. You will be however be provided with their names. It is very important and is required that you do not disclose or share their information with any other party or use their information for any other use apart from processing their order. This is not only key in observing our Privacy policy, but also acting professionally and to gain the trust of the client.

  • 3.)Track Sales:

    The portal shall have tools that will aggregate the total sales the stockist has made. These sales are purely for clients that order with them via shop.kombuchakenya.co.ke.

  • 4.)Update Stock:

    There are instances where the stockist will sell Kombucha Kenya's products to his/her/their walk-in clients. These clients may not have ordered through shop.kombuchakenya.co.ke. There will be a disparity in inventory of what's the count in stock online and the count in stock in their shop. The online portal shall have an Update stock feature to even out this difference. The stockist is required to input the correct count in stock on the portal upon selling to walk-in clients.

  • 5.)Update Profile:

    When the reseller first signs up as a stockist on shop.kombuchakenya.co.ke, some information about their business/company is asked for. Some of this information is viewed by clients ordering through shop.kombuchakenya.co.ke. If the stockist wishes to change any of this information. They can do so on their portal.

When a client order's online and chooses a stockist to buy from, the system generates a generic invoice with the required invoice details for the client. The generic invoice should not replace the reseller's own invoice. It is the responsibility of the reseller to issue and provide the client with an invoice.

Payment Terms and Conditions

For resellers who will be buying their stock from the Stockist's Online Portal, taking advantage of the Stockist's Online Portal, they are required to pay 100% prior or upon them receiving/collecting their order. For restaurants that purchase the 10 Litre and 20 Litre bottles, they are also required to pay 100% prior or upon them receiving their order. For resellers who will purely be selling Kombucha Kenya products to their reserved clients, and won't take advantage of the Stockist's Online Portal, they are required to pay for their order in full if the value of their order is worth 20,000/= or less. If the value of their order surpasses 20,000/= Kombucha Kenya shall accept credit terms. The amount should be payable within a period of 6 weeks. The reseller's viablility for credit terms will be contingent upon the smoothness of business transactions between the reseller and Kombucha Kenya In light of this, Kombucha Kenya will grant the reseller a grace period of two months to observe the smoothness of business interactions. During this period, Kombucha Kenya will assess whether the reseller demonstrates cordial interactions with clients and that our products are fast-moving to determine their viability for credit terms.

Payment can be done through M-PESA through the till number 9272109, through cash, through bank transfer to account name: KOMBUCHA KENYA VENTURES; account number:1330278868046, Branch; KAHAWA HOUSE, or write a cheque payable to KOMBUCHA KENYA VENTURES.

Cordial Interactions

Resellers are expected to handle clients in a civil, polite and professional way. Our webiste, shop.komuchakenya.co.ke, gives clients the ability to rate and review you as the stockist. The rating and reviews of one client is visible to everyone. A good rating and postive reviews boosts the confidence of a new client to buy from you. Bad ratings and reviews will give a bad impression to new clients and therefore, loose in business. Furthermore, multiple bad reviews will trigger warning messages and ultimately lead to suspension of your portal. We therefore encourage cordial interactions.

Change in Ownership

The reseller must notify Kombucha Kenya in writing, through our email kombuchakenya@yahoo.com of any of the following:
1) a change of 10% or more in the legal or beneficial ownership of the reseller,
2) any change in the legal name or “doing business as” name of the reseller, or
3) any change in the business structure or form under which credit has been established.

Logistics

For resellers who are in Nairobi county, Kombucha Kenya will deliver for free. For counties and towns that are outside of Nairobi county, we will send your orders through parcel delivery services such as Fargo Courier or G4S or use the shuttles that travel to the respective county or town. The reseller is in full discretion to choose the parcel delivery/courier service that they prefer or trust. The reseller incurs for the charges charged by the third party parcel delivery service provider.

For resellers in other countries, delivery will be made through inter-country parcel delivery for the commuters that travel from Kenya to the respective country. Another option would be shipping services such as DHL or FedEx. All products are well and securely packaged for long and short distance logistics. Nonetheless, Kombucha Kenya will not claim any responsibility for any damage made to the products if the third party logistical services are used. The reseller incurs for the charges charged by the third party parcel delivery / courier service provider. The reseller is also at liberty to come collect their order for themselves at our offices.

Delivery Days

Delivery days will be from Monday through Fridays. Same day deliveries are not guaranteed.

Liability

Kombucha Kenya shall not be liable for any loss or damage resulting from inability to timely deliver products to reseller due to fire, labor disputes, accidents, acts of civil or military authority or from any other cause beyond Kombucha Kenya's sole and reasonable control especially if the reseller chooses the instance of a third party parcel delivery service provider. In cases which the above mentioned risks happens in the instance of Kombucha Kenya, Kombucha Kenya will be liable.

Product returns

Kombucha Kenya will not accept return of products or product exchanges from the reseller from whatsoever situation due to the nature of Kombucha Kenya's products.

Intellectual Property Rights

The reseller acknowledges and agrees that Kombucha Kenya is the exclusive owner of all rights, trade names, copyrights, logos, works in progress or any other form of intellectual property associated with any and all Kombucha Kenya's products including any documentation concerning the use, development, production, sale, marketing or operation of Kombucha Kenya's products. Reseller shall not modify, disassemble, adapt, alter, or create derivative works from any materials associated or included with, or embedded into, any of Kombucha Kenya's products.

Stockist Account Deletion

For resellers who signed up through our webiste shop.kombuchakenya.co.ke and would like to no longer become a stockist on our platform, he/she/they must inform us in writing to our email kombuchakenya@yahoo.com. We will then authorize the deletion of your account. Account deletion will destroy all of your stockist data, but will retain your user account. We will also retain a copy of the orders you received and the records of stock purchases you made as they remain property of Kombucha Kenya.

Modifications

Additions or modifications to this Retail Purchase Agreement will be sent to the reseller via email. Kombucha Kenya retains the right to unilaterally modify this agreement.

Accepting the Retail Purchase Agreement

Registering as a stockist on our webiste requires that you have completely read and understood the terms of this agreement. On the last step of registration, there is a checkbox that you will tick to confirm that you have read and agree to the terms of this agreement. In doing so, you accept, conform to and are bound to the scope of this retail purchase agreement made between you and Kombucha Kenya.