Terms and conditions

This is a full AI-drafted text, written to the structure of a legal review checklist covering identity, contract formation, pricing, food compliance, consumer withdrawal rights, liability and dispute resolution. Positions that are not yet a documented business decision are written out in full as a reasoned starting position and marked (drafted default — confirm with legal counsel before publishing), rather than left blank — but none of this text is final or binding until reviewed by a qualified legal adviser for German/EU/UK food retail and signed off by the owner, per this project's standing legal-review process. The page stays excluded from search engines until then.

1. Who you are contracting with

Kairaba Nuts is operated by Kairaba Production Limited (SRN / TIN 2600031305, The Gambia), with its registered place of business at Brikama Misira, West Coast Region, The Gambia. The European retail pathway is supported by a German business registration under Lamin Jawneh, trading as Kairaba Production, Mozartstraße 13, 87727 Babenhausen, Deutschland (USt-IdNr. DE457130214). Full Impressum details are on the Impressum page.

These terms distinguish between consumer purchases (B2C) — an individual buying for purposes outside their trade, business, craft or profession — and business and wholesale purchases (B2B) — a trader, retailer, distributor or other business buyer. Section 5 (right of withdrawal) applies to B2C purchases only. For B2B contracts, including every export sale, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded; German substantive law applies instead, subject to Section 8.

This website and these terms are provided in English. For consumers, the English text governs interpretation, but it does not reduce any mandatory consumer-protection rights you have under the law of your own country of habitual residence within the EU or UK, which continue to apply regardless of this choice of language or law.

2. How enquiries become orders

Products, prices, specifications and availability shown on this website are non-binding — an invitation for you to make an offer (invitatio ad offerendum), not an offer by Kairaba that becomes a contract simply because you place an order.

You can start an order by submitting the website enquiry form, by email to kairabaproduction@gmail.com, or by WhatsApp/phone to +220 874105180 (Dawda Jawneh), +220 874023788 (Lamin Jawneh — Germany/Europe), or +1 608 444 0458 (Abdou Njie — USA/North America). Submitting an enquiry is your offer to buy on the terms you specify (product, quantity, destination); it does not by itself create a contract.

A binding contract is formed only when Kairaba sends an explicit written order confirmation or proforma invoice, and — for export and wholesale orders — you accept that proforma invoice in writing (including by email or WhatsApp message). Until then, either party may withdraw from negotiations without liability.

3. Prices, VAT, shipping and import duties

Prices are provided on enquiry/quote and confirmed in writing for each order. The quote states whether the price is exclusive or inclusive of statutory VAT, depending on the buyer's location and tax status (for example, a VAT-registered EU business buyer supplying a valid VAT ID may qualify for zero-rated intra-EU or export treatment; a private consumer is quoted a VAT-inclusive price where EU/UK VAT applies).

For wholesale and export orders, delivery terms are agreed per order using Incoterms, typically FOB Banjul for shipments leaving The Gambia (drafted default — confirm the standard incoterm per trade lane before publishing). For retail orders delivered directly to consumers in the EU or UK, the default delivery term is Delivered At Place (DAP) — Kairaba arranges carriage to the delivery address, but the consignee remains responsible for import formalities unless the written quote states otherwise (drafted default — confirm before publishing).

For deliveries outside the EU — including to the United Kingdom following its departure from the EU customs union — the buyer/consignee is responsible for import VAT, customs duties, tariffs and clearance charges arising in the destination country, unless Kairaba's written order confirmation states these are included in the price.

4. Food products, allergens and quality

Contains nuts and/or peanuts depending on product. Produced or packed in an environment where nuts and peanuts may be handled.

This statement is given in line with Regulation (EU) No 1169/2011 on the provision of food information to consumers and the UK Food Information Regulations 2014. Full, product-specific allergen and nutrition information is on the Food information page — please check it, and the product label, before consuming. Because our cashews and peanuts are handled, roasted and packed in shared facilities, we cannot guarantee any product is entirely free of other tree nuts or peanuts.

Store products in a cool, dry place away from direct sunlight and strong odours, and reseal opened packaging tightly to maintain freshness. Kairaba is not liable for loss of quality, spoilage or reduced shelf life caused by storage, handling or use after delivery that does not follow these instructions or the instructions on the product label.

Wholesale and export (B2B) buyers must inspect goods promptly on receipt and notify Kairaba of any defect without undue delay, in line with the buyer's duty to examine goods and give notice of defects under Section 377 of the German Commercial Code (Handelsgesetzbuch, HGB) for sales between merchants, or the corresponding inspection obligation under the buyer's own applicable commercial law. Failure to give timely notice may result in the goods being treated as accepted. This section does not affect the separate consumer rights in Sections 5 and 7.

5. Right of withdrawal for consumers (Widerrufsrecht) — applies once direct online retail sales to consumers begin

This website does not yet operate a live consumer checkout — see the Shipping & returns page. This section sets out the withdrawal terms that will apply once direct online sales to consumers in Germany, the EU or the UK go live, so the page is ready in advance.

If you are a consumer, you have the right to withdraw from a distance contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a third party named by you other than the carrier, takes physical possession of the goods. To exercise the right, inform Kairaba of your decision by a clear statement (for example a letter sent by post, an email to kairabaproduction@gmail.com, or the model form below) before the withdrawal period expires.

Model withdrawal form (complete and return only if you wish to withdraw from the contract):

To Kairaba Production Limited / Kairaba Production, Mozartstraße 13, 87727 Babenhausen, Deutschland — email kairabaproduction@gmail.com: I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods: [description of goods], ordered on: [date], received on: [date]. Name of consumer(s): ___ Address of consumer(s): ___ Signature (only if this form is notified on paper): ___ Date: ___

Exception for sealed food packaging. The right of withdrawal does not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene and which were unsealed by you after delivery. Our cashew and peanut products are sealed for these reasons; once you unseal the packaging after delivery, you lose the right of withdrawal for that item under Section 312g(2) no. 2 of the German Civil Code (BGB) and the equivalent exception in Regulation 28(1)(b) of the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may still withdraw from an order of unopened, sealed items within the 14-day period.

Return shipping costs. If you validly withdraw, we will reimburse the price paid for the returned goods and the standard delivery cost, without undue delay and within 14 days of being informed of your withdrawal. You bear the direct cost of returning the goods (drafted default — confirm whether Kairaba will instead offer free returns before publishing), unless we agreed to collect the goods ourselves or you were not informed that you must bear this cost.

6. Website content and conduct

The text, photographs, the Kairaba Nuts name and logo, and other branding on this website belong to Kairaba Production Limited or are used with permission, and may not be copied, reproduced or used commercially without prior written consent — other than saving or printing pages for your own reference when considering a purchase.

We may decline an enquiry, cancel an order, or restrict further contact where we reasonably suspect fraud or abuse of our enquiry channels, or infringement of the rights above. This does not affect any statutory rights you already have under a concluded contract.

7. Liability and warranty

For consumers, nothing in these terms limits or excludes your statutory warranty rights for goods that are defective or do not match their description under German, EU or UK consumer law; those rights apply in full and cannot be excluded.

Beyond that, the liability of Kairaba — and of the German business registration under Lamin Jawneh — is limited to loss caused intentionally or by gross negligence (Vorsatz und grobe Fahrlässigkeit). This limitation does not apply to liability for death, personal injury or damage to health, to liability under any applicable product liability law, or to breach of a material contractual obligation whose fulfilment is essential to the contract and on which you could reasonably rely (Kardinalpflichten) — in those cases liability for ordinary negligence also applies, but is limited to foreseeable, contract-typical damage (drafted default — a clause of this kind is standard under German law but must be reviewed by qualified counsel before publishing).

8. Dispute resolution and governing law

Correction to flag: the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr was discontinued in July 2025 under Regulation (EU) 2024/3228, so it is not linked here as a live consumer channel. The current EU/UK consumer alternative-dispute-resolution (ADR) signposting requirement needs confirming with legal counsel before this section is published (drafted default pending that confirmation).

Kairaba is not obliged to, and currently does not, participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle under the VSBG) (drafted default — confirm before publishing).

These terms, and any contract made under them, are governed by the law of the Federal Republic of Germany, excluding its conflict-of-law rules and the CISG (see Section 1). If you are a consumer habitually resident in another EU or UK jurisdiction, this choice of law does not deprive you of the protection of any mandatory consumer-protection provisions of the law of that country (drafted default — confirm before publishing).

For business and wholesale (B2B) disputes, the courts competent for Babenhausen, Germany have exclusive jurisdiction (drafted default — confirm before publishing). This does not apply to consumers, who may always bring proceedings in the courts of their own country of residence.