Terms and Conditions
Overview
This website is operated by Essart Kenya.
Throughout the site, the terms “we”, “us” and “our” refer to Essart Kenya. Essart
Kenya offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance of
all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing
something from us, you engage in our “Service” and agree to be bound by the
following terms and conditions (“Terms of Service”, “Terms”), including those
additional terms and conditions and policies referenced herein and/or available
by hyperlink. These Terms of Service apply to all users of the site, including
without limitation users who are browsers, vendors, customers, merchants, and/
or contributors of content.
Please read these Terms of Service
carefully before accessing or using our website. By accessing or using any part
of the site, you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not
access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added
to the current store shall also be subject to the Terms of Service. You can
review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms
of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the website following the posting of any changes constitutes
acceptance of those changes.
Section 1 - Online store terms
By agreeing to these Terms of Service, you
represent that you are at least the age of majority in your state or province
of residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any
illegal or unauthorised purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses
or any code of a destructive nature.
A breach or violation of any of the Terms
will result in an immediate termination of your Services.
Section 2 - Direct Buying from Brands
We reserve the right to refuse service to
anyone for any reason at any time.
Buy opening an account on Essart store you
are entering a contract with Essart Kenya. Payment will be made to Essart Kenya.
Dispatch of goods will then be made by either the brand or Essart Kenya. If the
brand is responsible for dispatch of goods then their T&C's apply and Essart
Kenya is not held responsible.
Section 3 - General conditions
We reserve the right to refuse service to
anyone for any reason at any time.
You understand that your content (not
including credit card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the Service,
or access to the Service or any contact on the website through which the
service is provided, without express written permission by us.
The headings used in this agreement are
included for convenience only and will not limit or otherwise affect these
Terms.
Section 4 - Accuracy, completeness and
timeliness of information
We are not responsible if information made
available on this site is not accurate, complete or current. The material on
this site is provided for general information only and should not be relied
upon or used as the sole basis for making decisions without consulting primary,
more accurate, more complete or more timely sources of information. Any
reliance on the material on this site is at your own risk.
This site may contain certain historical
information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right to modify the contents
of this site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes to our
site.
Section 5 - Modifications to the service
and prices
Prices for our products are subject to
change without notice.
We reserve the right at any time to modify
or discontinue the Service (or any part or content thereof) without notice at
any time.
We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance of
the Service.
Section 6 - Products or services (if
applicable)
Certain products or services may be
available exclusively online through the website. These products or services
may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We have made every effort to display as
accurately as possible the colors and images of our products that appear at the
store. We cannot guarantee that your computer monitor's display of any color
will be accurate.
We reserve the right, but are not
obligated, to limit the sales of our products or Services to any person,
geographic region or jurisdiction. We may exercise this right on a case-by-case
basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of any
products, services, information, or other material purchased or obtained by you
will meet your expectations, or that any errors in the Service will be
corrected.
Section 7 - Delivery
We will deliver the products to the
delivery address you have specified in the order form and in accordance with
the delivery option you have chosen. Any delivery or shipment dates given by us
are best estimates only and we shall not be liable for any loss, damage, costs
or expenses for failure to deliver in accordance with the delivery or shipment
dates given. In the event that any of the products ordered are out of stock,
this may mean the whole order is delayed. If so, an estimate of the delay will
be given by e-mail or post but delivery shall in any case be made within thirty
(30) days as of the date indicated on the order confirmation by us.
If no one is available at your address to
take delivery, we may leave you a note that the products have been returned to
our premises, in which case, please contact us to rearrange delivery.
We are unable to change the delivery
address of an order due to security reasons.
Title to and risk of loss in your products
will pass to you on delivery of the products.
Section 8 - Accuracy of billing and
account information
We reserve the right to refuse any order
you place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. In the
event that we make a change to or cancel an order, we may attempt to notify you
by contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and
accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and other information, including your
email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns
Policy.
Section 9 - Optional tools
We may provide you with access to
third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide
access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools offered
through the site is entirely at your own risk and discretion and you should
ensure that you are familiar with and approve of the terms on which tools are
provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of new
tools and resources). Such new features and/or services shall also be subject
to these Terms of Service.
Section 10 - Third-party links
Certain content, products and services
available via our Service may include materials from third-parties.
Third-party links on this site may direct you
to third-party websites that are not affiliated with us. We are not responsible
for examining or evaluating the content or accuracy and we do not warrant and
will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages
related to the purchase or use of goods, services, resources, content, or any
other transactions made in connection with any third-party websites. Please
review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the
third-party.
Section 11 - User comments, feedback and
other submissions
If, at our request, you send certain
specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to, monitor,
edit or remove content that we determine in our sole discretion are unlawful,
offensive, threatening, libelous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party’s intellectual property or these
Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may 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 comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
Section 12 - Personal information
Your submission of personal information
through the store is governed by our
Privacy Policy.
Section 13 - Errors, inaccuracies and
omissions
Occasionally there may be information on
our site or in the Service that contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend
or clarify information in the Service or on any related website, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
Section 14 - Prohibited uses
In addition to other prohibitions as set
forth in the Terms of Service, you are prohibited from using the site or its
content: (a) for any unlawful purpose; (b) to solicit others to perform or
participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to
infringe upon or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information; (g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
Section 15 - Disclaimer of warranties,
limitation of liability
We do not guarantee, represent or warrant
that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may
be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may
remove the service for indefinite periods of time or cancel the service at any
time, without notice to you.
You expressly agree that your use of, or
inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly
stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Essart Kenya, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue,
lost savings, loss of data, replacement costs, or any similar damages, whether
based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service
or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of
the service or any content (or product) posted, transmitted, or otherwise made
available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted
by law.
Section 16 - Indemnification
You agree to indemnify, defend and hold
harmless Essart Kenya and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17 - Severability
In the event that any provision of these
Terms of Service is determined to be unlawful, void or unenforceable, such
provision shall nonetheless be enforceable to the fullest extent permitted by
applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect the validity
and enforceability of any other remaining provisions.
Section 18 - Termination
The obligations and liabilities of the
parties incurred prior to the termination date shall survive the termination of
this agreement for all purposes.
These Terms of Service are effective unless
and until terminated by either you or us. You may terminate these Terms of
Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
Section 19 - Entire agreement
The failure of us to exercise or enforce
any right or provision of these Terms of Service shall not constitute a waiver
of such right or provision.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of
these Terms of Service shall not be construed against the drafting party.
Section 20 - Governing Law
These Terms of Service and any separate
agreements whereby we provide you Services shall be go governed by Essart Kenya
and construed in accordance with the laws of the Country of England, without
regard to the jurisdiction in which any action or special proceeding may be
instituted.
Section 21 - Changes to terms of service
You can review the most current version of
the Terms of Service at any time at this page.
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued us
e of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
Section 22 - Contact information
Questions about the Terms of Service should
be sent to us at admin@essart.ke
