Welcome to almardesigns.co.ke or almardesigns.com website(s) (the “Site”). These terms and conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website. We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

You accept that the information contained in this website is provided as is, where is, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions. We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors. Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Jade E Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase. These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process. Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site. Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

This Site is only for delivery of products to customers within Kenya. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence. You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

If you have any complaints with respect to the infringement of your copyright, kindly write to the following address: (Customerservice@almardesigns.com) where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements. We request that you provide the following information along with your complaint:

1.     A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.

2.     A proper description of the copyrighted work claimed to have been infringed.

3.     A description of the location of the infringing material on our Website.

4.     The address, telephone number or e-mail address of the complaining party.

5.     A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.

6.     A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Almar Designs that your copyrighted material has been infringed.

We at Almar Designs promise to do our best to provide you with an efficient and hassle-free delivery process. We have taken and will continue to undertake necessary precautions to ensure your products are delivered to you safely by our third-party delivery partners.

Delivery Timeline

All orders are processed within the same day (excluding Sundays and holidays) after receiving your order confirmation email. You will receive another notification when your order has shipped. 

Nairobi & Nairobi Outskirts:        Same day delivery

Up Country:                                 2-3 business days from order confirmation

*This applies for orders placed before 2pm.

Shipping Rates and Estimates

For calculated shipping rates: Shipping charges for your order will be calculated and displayed at checkout. 

We offer KSh 250 flat rate shipping within Nairobi & Metropolitan for small and medium items and KSh 800 for large items (charged per item)

The deliveries outside Nairobi are done using G4S Courier and are delivered to the G4S office near you. The transport cost for such items is paid before the item is shipped

The Charges outside Nairobi will be Ksh. 350 for 0-5 kgs to any destination except Kakuma, lodwar and Lokichogio, any extra kgs above the 5kg will be charged at Ksh 40 per kg

The first 5kgs to Lokichogio, kakuma and lodwar will be charged at 1700 plus vat any extra kgs above the 5kg will be charged at Ksh. 110 per kg plus vat.

Deliveries are made from 9am to 5pm on Monday to Saturday. We will contact you via text message/ call with the phone number you provided at checkout to notify you on the day of our arrival. 

Free Delivery

Free local delivery is available for all prepaid orders.

NB: This applies to all prepaid orders within Nairobi and metropolitan, and small & medium products only to upcountry.

In-store pickup

You can skip the shipping fees with free local pickup at our shop in Nairobi CBD at the junction of Luthuli/Kamae Road, Sidian Bank Building, Basement. After placing your order and selecting local pickup at checkout, your order will be prepared and ready for pick up

Our in-store pickup hours are 9am to 6pm on Monday to Saturday. Please have your order confirmation email with you when you come.

How do I check the status of my order?

When your order has shipped, you will receive an email notification from us which will include a tracking number you can use to check its status. Please allow 48 hours for the tracking information to become available. 

If you haven’t received your order within 2 days of receiving your shipping confirmation email, please contact us at customerservice@almardesigns.com  with your name and order number, and we will look into it for you.

If you have any further questions, please don’t hesitate to contact us at customerservice@almardesigns.com or 0707663318 or 0790477055

Refunds, Returns, and Exchanges

Good once delivered/collected will not be returned/refundable but defective on arrival goods will be replaced if returned within 3days. The item has to be unused and in its original condition. Our return policy will require you to return the item at your own expense.

Permitted returns: Within 3 days, depending on the product, from the date of delivery of the Product, you may return a Product when you:

1. Receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;

2. Receive a faulty or damaged Product;

3. Receive a product that is not as advertised on the platform;

4. Wrong item is delivered;

5. Receive a product that has missing parts/items;

When we have provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.

In cases where the customer refuses to take possession of the product without sufficient cause or justification, or returns the item without sufficient cause or justification, we will safely keep the item for a period of ten (10) days, reckoned from the date we receive the product from customer. After the lapse of such period, the product or item is deemed abandoned by customer, and we may dispose the product or item. Notwithstanding the foregoing, we will use its best efforts to return the product to the Customer within the time frame provided.

In the event that your order arrives damaged in any way, please email us as soon as possible at customerservice@almardesigns.com with your order number and a photo of the item’s condition. We address these on a case-by-case basis but will try our best to work towards a satisfactory solution.

If you have any further questions, please don’t hesitate to contact us at customerservice@almardesigns.com.

1. About this Notice

This Privacy and Cookie Notice provides information on how Almar Designs collects and processes your personal data when you visit our website.

2. The data we collect about you

We collect your personal data in order to provide and continually improve our products and services.

We may collect, use, store and transfer the following different kinds of personal data about you:

·      Information you provide to us: We receive and store the information you provide to us including your identity data, contact data, delivery address and financial data.

·      Information on your use of our website: We automatically collect and store certain types of information regarding your use of the Almar Designs marketplace including information about your searches, views, downloads and purchases.

·      Information from third parties and publicly available sources: We may receive information about you from third parties including our carriers; payment service providers; merchants/brands; and advertising service providers.

3. What about Cookies?

A cookie is a small file of letters and numbers that we put on your computer if you agree.

Cookies allow us to distinguish you from other users of our website and mobile applications, which helps us to provide you with an enhanced browsing experience. For example we use cookies for the following purposes:

·      Recognizing and counting the number of visitors and to see how visitors move around the site when they are using it (this helps us to improve the way our website works, for example by ensuring that users can find what they are looking for).

·      Identifying your preferences and subscriptions e.g. language settings, saved items, items stored in your basket and Prime membership; and

·      Sending you newsletters and commercial/advertising messages tailored to your interests.

Our approved third parties may also set cookies when you use our marketplace. Third parties include search engines, providers of measurement and analytics services, social media networks and advertising companies.

4. How we use your personal data

We use your personal data to operate, provide, develop and improve the products and services that we offer, including the following:

·      Registering you as a new customer.

·      Processing and delivering your orders.

·      Managing your relationship with us.

·      Enabling you to participate in promotions, competitions and surveys.

·      Improving our website, applications, products and services

·      Recommending/advertising products or services which may be of interest to you.

·      Complying with our legal obligations, including verifying your identity where necessary.

·      Detecting fraud.

5. How we share your personal data

We may need to share your personal data with third parties for the following purposes:

·      Sale of products and services: In order to deliver your products and services purchased on our marketplace from third parties, we may be required to provide your personal data to such third parties.

·      Working with third party service providers: We engage third parties to perform certain functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, analyzing data, providing marketing assistance, processing payments, transmitting content, assessing and managing credit risk, and providing customer service.

·      Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information may be transferred together with other business assets.

·      Detecting fraud and abuse: We release account and other personal data to other companies and organizations for fraud protection and credit risk reduction, and to comply with the law.

When we share your personal data with third parties we:

·      require them to agree to use your data in accordance with the terms of this Privacy and Cookie Notice, our Privacy Policy and in accordance with the law; and

·      Only permit them to process your personal data for specified purposes and in accordance with our instructions. We do not allow our third-party service providers to use your personal data for their own purposes.

6. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

7. Your legal rights

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to access, correct or erase your personal data, object to or restrict processing of your personal data, and unsubscribe from our emails and newsletters.