This purchase is governed by the following standard terms and conditions of sale for consumer purchases of goods over the Internet. Consumer purchases over the internet are mainly regulated by the Contracts Act, the Consumer Purchases Act, the Marketing Act, the Right of Withdrawal Act and the E-Commerce Act, and these laws give the consumer inalienable rights. The laws are available for general public. The terms of this agreement are not to be construed as limiting the statutory rights, but set out the parties' most important rights and obligations for trade.
The terms of sale have been prepared and recommended by the Kenya Consumers Organization (KCO). For a better understanding of these terms of sale, see the Kenya Consumers Organization (KCO) guide here.
The agreement consists of these sales conditions, information provided in the order solution and any specially agreed terms. In the event of any conflict between the information, what is specifically agreed between the parties will prevail, as long as it does not contravene mandatory legislation.
The agreement will also be supplemented by relevant legal provisions that regulate the purchase of goods between businesses and consumers.
The seller is KenArts-Photography, Central Business District(CBD), 47600-Nairobi, kenarts@gmail.com, mobile 254798803944, org. No. 20192022, and is hereinafter referred to as the seller / seller.
The buyer is the consumer who makes the order, and is hereinafter referred to as the buyer / buyer.
The stated price for the item and services is the total price the buyer must pay. This price includes all taxes and additional costs. Additional costs that the seller before the purchase has not informed about, the buyer shall not bear.
The agreement is binding on both parties when the buyer has sent his order to the seller.
However, the agreement is not binding if there have been typing or typing errors in the offer from the seller in the ordering solution in the online store or in the buyer's order, and the other party realized or should have realized that such an error existed.
The seller can demand payment for the item from the time it is sent from the seller to the buyer.
If the buyer uses a credit card or debit card when paying, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day as the item is sent.
When paying with an invoice, the invoice to the buyer is issued when the item is shipped. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
Buyers under the age of 18 cannot pay with a subsequent invoice.
Delivery takes place when the buyer, or his representative, has taken over the thing.
If the delivery time is not stated in the order solution, the seller must deliver the item to the buyer without unnecessary delay and no later than 30 days after the order from the customer. The item must be delivered to the buyer unless otherwise agreed between the parties.
The risk for the goods passes to the buyer when he, or his representative, has had the goods delivered in accordance with point 6.
For goods that have been ordered with customer adaptation, the Right of Withdrawal Act does not apply. The Act only applies to consumer purchases. The return costs are borne by the consumer (cf. the Right of Withdrawal Act ยง 15 first paragraph).
If the seller does not deliver the goods or delivers them late in accordance with the agreement between the parties, and this is not due to the buyer or circumstances on the buyer's side, the buyer may, in accordance with the rules in Chapter 5 of the Consumer Purchases Act , withhold the purchase price , demand fulfillment , terminate the agreement and / or claim compensation from the seller.
If the buyer does not pay or fulfill the other obligations under the agreement or the law, and this is not due to the seller or conditions on the seller's part, the seller may, according to the rules in the Consumer Purchase Act chapter 9, withhold the item , demand fulfillment of the agreement, demand termination of the agreement and claim compensation from the buyer.
Warranty given by the seller or manufacturer gives the buyer rights in addition to those the buyer already has under mandatory legislation. A guarantee thus does not imply any restrictions on the buyer's right to complaint and claims in the event of delay or defects pursuant to items 9 and 10.
The person responsible for processing collected personal data is the seller. Unless the buyer agrees to something else, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal information will only be disclosed to others if it is necessary for the seller to implement the agreement with the buyer, or in statutory cases.
Complaints are addressed to the seller within a reasonable time, cf. items 9 and 10. The parties shall try to resolve any disputes amicably. If this does not succeed, the buyer can contact the Kenya Consumers Organization (KCO) for mediation. The Kenya Consumers Organization (KCO) is available on telephone 254 727430681.
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