TERMS AND CONDITIONS
Please carefully read these Terms and Conditions before purchasing any KITU KALI LIMITED products on the Website. By purchasing KITU KALI LIMITED products from the Website, you agree to be bound by these Terms and Conditions of Sale.
1. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform Customer Services immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
KITU KALI LIMITED reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If KITU KALI LIMITED cancels an order, it will be without charge to you.
2. PRIVACY
Please review our Privacy Policy, which also governs your visit to the Website to understand how KITU KALI LIMITED uses your information.
3. OUR CONTRACT
When you place an order to purchase a product from the Website, KITU KALI LIMITED will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to KITU KALI LIMITED to purchase a product which is accepted by KITU KALI LIMITED when KITU KALI LIMITED sends an email to you confirming that KITU KALI LIMITED has accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time KITU KALI LIMITED sends the Order Confirmation Email to you. You are seeking to enter into a contract with KITU KALI LIMITED when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by KITU KALI LIMITED and KITU KALI LIMITED has sent you the Confirmation Email.
KITU KALI LIMITED will retain the title in the products until full payment has been made by you and has been received by KITU KALI LIMITED.
4. DELIVERIES
KITU KALI LIMITED will endeavour to deliver all products you have ordered within the time period specified on your Order Confirmation Email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact KITU KALI LIMITED Customer Services and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within KITU KALI LIMITED’s specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact KITU KALI LIMITED and KITU KALI LIMITED will do its best to assist.
5. RETURNS
If for any reason you are not happy with your KITU KALI LIMITED products, please follow our Returns Policy [below], so that KITU KALI LIMITED can assist you in the exchange or refund of your order. KITU KALI LIMITED reserves the right to reject the return of products which are not returned in accordance with its Returns Policy and KITU KALI LIMITED may request that you pay for the shipping of such goods back to you. KITU KALI LIMITED’s Returns Policy does not affect your statutory rights.
Please note, we do not offer refunds for gift vouchers purchased.
A. RETURNS OR EXCHANGES
You may return new, unworn or unused products which you wish to exchange or return within thirty (30) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you may exchange with a product of less, the same or of more value than the original item you wish to exchange. In the event that the item you wish to exchange your original purchase with is more expensive, KITU KALI LIMITED will contact you and obtain the remaining balance.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).
Delivery Costs
a) If you are returning goods for exchange or return, costs incurred to return the goods shall be borne by you.
b) KITU KALI LIMITED will not refund the original delivery charge in the case of exchanges or returns.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel your entire order within the 7 working day period beginning after the day of receipt of the goods under the Distance Selling Regulations – see Statutory Right to Cancel below.
c) You will not be liable for the delivery costs incurred by us in sending you any products as exchanges.
Please note, you will not be liable for the costs of returning any substitute goods i.e. where you have been supplied with substitute goods because the original goods became unavailable when ordered or pre-ordered – see Pre-orders and Substitutes above.
d) In the case of returns, you will only be refunded the value of the goods ordered.
e) KITU KALI LIMITED will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Policy does not affect your statutory right to cancel or any of your other statutory rights.
B. STATUTORY RIGHT TO CANCEL
In addition to our Returns or Exchange Procedure, under the Distance Selling Regulations you also have five (5) working days (beginning the day after receipt of the goods) to cancel your purchase order.
Delivery Costs
a) Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods. If you have cancelled your entire order, KITU KALI LIMITED will also refund your original delivery charge. If you only cancel part of your order and return only some of the goods delivered to you, delivery charges will not be refunded. This is because generally the delivery charge is normally the same regardless of the number of items delivered and, if you retain part of your order, the delivery charge still applies to the part that you retained.
b) Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, KITU KALI LIMITED reserve the right to charge you for the direct costs incurred by KITU KALI LIMITED in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 7 (seven) working days, you should return the goods to KITU KALI LIMITED as soon as reasonably practicable. Please note: if KITU KALI LIMITED has provided any services as part of the purchase (e.g. products made to order) and KITU KALI LIMITED have begun to provide these services before you have exercised your right to cancel, KITU KALI LIMITED shall not reimburse the costs of such services.
HOW DO I EXERCISE MY STATUTORY RIGHT TO CANCEL?
In order to exercise your right to cancel, please:
a) send an email to info@kitukali.com; or
b) write to KITU KALI LIMITED at KITU KALI LIMITED’s address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by KITU KALI LIMITED on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
C. CONDITIONS FOR ALL RETURNS, EXCHANGES OR STATUTORY RIGHT TO CANCEL
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. KITU KALI LIMITED recommends the use of an insured parcel service, such as Royal Mail Special Delivery (or if returning packages outside of the UK an equivalent international postage service).
With your purchase of KITU KALI LIMITED products, you will receive a Delivery Note. To return items to KITU KALI LIMITED, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact KITU KALI LIMITED by email on kenya@kitukali.com.
KITU KALI LIMITED will refund the cost of the goods and the cost of the delivery charges (where applicable) to the method of payment used to place your order within thirty (30) days of receipt of your order or of your notice of your statutory right to cancel.
DISCREPANCIES
If there are any discrepancies with your order or if your goods are faulty, you must notify KITU KALI LIMITED as soon as possible. If you have been shipped the incorrect goods then please do accept KITU KALI LIMITED’S apologies. Please follow the Returns Policy and on receipt of your order, we will reimburse the cost of returning them to KITU KALI LIMITED. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent by cheque. Please allow up to thirty (30) days for your refund to be processed.
6. FEEDBACK AND COMPLAINTS POLICY
KITU KALI LIMITED welcomes any comments about its service, so that it can improve what it is doing. KITU KALI LIMITED’S aim is to deal with any problems quickly and fairly. If you have reason to complain about KITU KALI LIMITED’S service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call KITU KALI LIMITED on the number stated on the Website and say that you wish to make a complaint.KITU KALI LIMITED’S aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
7. PRICING AND AVAILABILITY
All prices are quoted in Kenya Shillings and are exclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. KITU KALI LIMITED lists availability information for products sold by KITU KALI LIMITED on the Website, including on each product information page. Beyond what KITU KALI LIMITED says on that page or otherwise on the Website, KITU KALI LIMITED cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As KITU KALI LIMITED processes your order, KITU KALI LIMITED will inform you by email if any products you order are subsequently found to be unavailable.
Despite KITU KALI LIMITED’S best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than the stated price, KITU KALI LIMITED will charge the lower amount and send you the product. If a product's correct price is higher than the stated price, KITU KALI LIMITED will, at its discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
8. CUSTOMS
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as KITU KALI LIMITED has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. KITU KALI LIMITED would like its International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
9. DISCLAIMER AND LIMITATION OF LIABILITY
This Website is provided by KITU KALI LIMITED on an “as is” and “as available” basis. KITU KALI LIMITED makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
KITU KALI LIMITED disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. KITU KALI LIMITED does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. KITU KALI LIMITED will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to KITU KALI LIMITED, you are communicating with us electronically. KITU KALI LIMITED will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from KITU KALI LIMITED electronically and you agree that all agreements, notices, disclosures and other communications that KITU KALI LIMITED provides to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11. DISPUTES
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate KITU KALI LIMITED’s intellectual property rights, KITU KALI LIMITED may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
12. ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
KITU KALI LIMITED reserves the right to make changes to its Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from KITU KALI LIMITED, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. EVENTS BEYOND OUR REASONABLE CONTROL
KITU KALI LIMITED will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.
14. WAIVER
If you breach these Terms and Conditions and we take no action, KITU KALI LIMITED will still be entitled to use its rights and remedies in any other situation where you breach these conditions.
15. GOVERNING LAW AND JURISDICTION
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as KITU KALI LIMITED does, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
16. LEGAL STATEMENT
africa.kitukali.com is a registered domain name of Kitu Kali Limited Limited.
PROMOTION CODE TERMS & CONDITIONS
Official KITU KALI LIMITED promotion codes entitle you to an offer on your online order from kitukali.com. To utilise your promotion code, click the "apply" button on the shopping bag or checkout and enter the specific code.
Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property and are not transferable. There is no cash alternative.
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