1. Acceptance of Terms
- By using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. Nia-Kyara Limited reserves the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically.
2.User Accounts
- Account Creation: To access certain features of our website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or security breaches.
3. Your Status
- You may only purchase products from us if you are legally capable of entering into a binding contract with us.
4. Creating a Contract between You and Nia-Kyara Limited
- After placing your order, you will receive an acknowledgement email confirming receipt, but this doesn’t mean your order is accepted. All orders depend on availability and our approval.
- Once you place an order, we check whether payment has been made. We will not process your order until full payment is received. If accepted, we will confirm via email that your product is being processed for dispatch, forming the contract between us.
- Making changes is impossible before delivery, however, you have the option of returning the products in accordance with our Returns Policy.
5. Product Information and Orders
- Product Descriptions: We strive to provide accurate and up-to-date information about our products. However, we do not warrant the accuracy, completeness, or reliability of product descriptions. The product images on our site and in our advertisements are for illustration purposes only. The actual products may differ slightly from these images. Although we strive to display and print product colors accurately, we can’t guarantee that your device or computer accurately reflects the colors of the delivered products. We make reasonable efforts to ensure accuracy, but all product sizes and measurements on our site are approximate. However, we do not warrant the accuracy, completeness, or reliability of product descriptions.
- Product Availability: If we cannot accept your order, we will let you know and will not charge you for the Product(s). This might happen if the Product(s) is out of stock, or if there’s an error in the price or description of the Product(s).
- Order Acceptance: Your order constitutes an offer to us to buy products. All orders are subject to acceptance by us, and we reserve the right to refuse or cancel orders at our discretion.
- Pricing and Payment: Prices are listed in Kenya Shillings and are subject to change. Payment is required at the time of placing an order. We use secure payment methods to protect your financial information.
6. Delivery and Returns
- Delivery: We aim to process and ship orders promptly. Shipping times and costs are provided during the checkout process. If no one is available at your address to take delivery we may end the contract and refund your money. Once the Products are delivered they will be your responsibility.
- Returns and Exchanges: Our return policy is available on our website. Please review it to understand our policies on returns, exchanges, and refunds.
7. Your Use of Our Site
You may use our site only for lawful purposes and in accordance with these Terms of Use. You may not use our site:
- in a manner that violates any applicable local, national, or international law, regulation, or code of practice;
- to engage in unlawful or fraudulent activities, or with any unlawful or fraudulent intent or effect;
- in any way thatviolates any intellectual property rights or rights to privacy; and/or
- to transmit or solicit the sending of any unsolicited or unauthorized advertising, promotional material, or any other form of similar solicitation to any person.
You also commit to refraining from reproducing, duplicating, copying, or reselling any part of our platform in contravention of these Terms of Use. Violating any of these conditions of platform use constitutes a substantial breach of these Terms of Use
8. Our Rights to Cancel the Contract
We reserve the right to cancel the contract by notifying you in writing if:
- you fail to make timely payments;
- you do not, within a reasonable timeframe after our request, furnish necessary information crucial for us to supply the products; or
- you do not, within a reasonable timeframe, permit us to deliver the products to you, or you are unavailable to receive delivery.
- If the products you ordered are no longer available.
Should we terminate the contract in any of the situations described above we will reimburse any advance payments you made for products not yet provided. However, we may subtract or charge you reasonable compensation for the costs incurred due to your breach of the contract.
9. Intellectual Property
- Ownership: Nia-Kyara does not claim ownership rights to any models’ representation or such content or associated intellectual property rights. Nothing in these Terms of Service shall be deemed to restrict any rights that other Licensors to Nia-Kyara may have to use and exploit their content and virtual products. Subject to the foregoing, Nia-Kyara exclusively owns all the Intellectual property rights in all the Nia-Kyara content and products including but not limited to text, images, logos, and trademarks, which are protected by the copyright and trademark laws of Kenya
- License: You are granted a limited, non-exclusive, and revocable license to access and use our website for personal use. You may not use, copy, reproduce, modify, or distribute our content without our written permission.
10. Privacy
- Our Privacy Policy outlines how we collect, use, and disclose your personal information. By using this Website, you consent to the practices described in our Privacy Policy.
11. Unforeseen Events
We shall not be responsible for any failure or delay in meeting our contract obligations due to any events beyond our control. These events include things like:
- Strikes, lockouts, or other industrial actions.
- Epidemics, pandemics, or government actions related to health crises.
- Civil unrest, riots, invasions, terrorist attacks, declared or undeclared wars, or preparations for war.
- Natural disasters like fire, explosion, storm, flood, earthquake, subsidence, or epidemics/pandemics.
- Issues with transportation methods like railways, shipping, aircraft, motor transport, or public/private telecommunications networks.
- Government acts, decrees, legislation, regulations, or restrictions (referred to as “Events Beyond Our Control”).
In the event of an occurrence outside our control affecting the fulfilment of our obligations, we will promptly notify you. Our obligations will be temporarily suspended, and the timeframe for fulfilling these obligations will be extended for the duration of the event. If the event impacts the delivery of Products to you, we will coordinate a new delivery date with you once the event concludes.
If there is a significant risk of substantial delay due to an Unforseen Events, you have the option to cancel the affected Contract. To initiate a cancellation under this provision (clause 14), please contact us on info@nia-kyara.com.
12. Dispute Resolution
- Any disputes arising from or relating to these Terms or your use of this Website will be resolved through arbitration in accordance with the rules of NCIA Arbitration Rules (the seat of any such arbitration shall be Nairobi, the language of the arbitration shall be English and there shall be a sole arbitrator selected by the Nairobi Centre for International Arbitration).
13. Limitation of Liability
- To the fullest extent permitted by applicable law, Nia-Kyara Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
14. Governing Law
- These Terms and your use of this Website shall be governed by and construed in accordance with the laws of Kenya.
15. Contact Information
- If you have any questions about these Terms, please contact us at info@nia-kyara.com. Thank you for using this Website. We hope you enjoy your shopping experience.