Introduction
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.
Terms and Conditions of Use
Use of the Site
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.
User Submissions
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.
Information Available on Website
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.
Accessibility of Website
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.
Links and Thirds Party Websites
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.
Intellectual Property
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.
Data Protection
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.
Indemnity
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.
Applicable Law and Jurisdiction
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.
Arbitration
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.
Termination
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.
Severability
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.
Miscellaneous Provisions
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.
TERMS AND CONDITIONS
OF SALE
General
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.
Formation of Contract
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.
Acceptance of Electronic Documents
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.
Payment and Pricing
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.
Use of Voucher Codes
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.
Delivery
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.
Indemnity
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.
Applicable Law and Jurisdiction
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.
Arbitration
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.
Severability
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.
Miscellaneous Provisions
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.
Notice of Copyright Infringement
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.