Terms of service

Overview

Please read these Terms of Service carefully before accessing or using our website and online shop.

This website is operated by Akazi Africa. Throughout the site, the terms “we”, “us” and “our” refer to Akazi Africa and the information, tools and services available from this site provided to you, the user.

These terms of service shall apply to users of this website and shall govern their use of this website and online shop. By accessing or using any part of the website or online shop, you agree to be bound by these Terms of Service.

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. Our website and store are hosted by Go Daddy and WooCommerce respectively, providing the e-commerce platform to sell our products and services to you.

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”) which apply to all users of the site, including customers, browsers, vendors, contributors of content and all other site users.

Account information and payment

• 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. We reserve the right to refuse any order you place with us.
• We may limit or cancel quantities purchased based on the availability of the item in stock
• You agree to provide current, complete and accurate purchase and account information for all purchases made at our store so that we can contact you as required.

Agreement in its entirety

• 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 existing 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.
• 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.

Changes to terms of service

• We may update our Terms of Service, please check our website for updates. We reserve the right to update, change or replace these Terms of Service and it is your responsibility to check for updates.

Conditions of Service

• You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks and providers; and (b) changes 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 our written permission.
• We reserve the right to refuse service to anyone for any reason at any time.
• We may alter, suspend or discontinue any aspect of our site at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the site or restrict access to all parts of the site without notice or liability.

Submissions/Comments

• By sending us information for publishing in our newsletter or by posting or sending any information in any other format including any comments on our site, you confirm that the content does not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
• In every instance, we take every step to send you back information you have submitted to us in any form for checking. If you do not reply or we cannot contact you to check information mutually agreed in advance, we may still publish the information.
• You 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 are solely responsible for any comments you make and their accuracy.
• You further agree that you will not use the website to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.
• We take no responsibility and assume no liability for any comments posted by you or any third-party.

Disclaimer of warranties; Limitation of liability

• We cannot guarantee or represent that use of our service will be entirely uninterrupted, secure or error-free.
• You expressly agree that your use of, or inability to use, the service is at your sole risk and warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement are not guaranteed.
• In no case will Akazi Africa, 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. Where the law restricts the exclusion or the limitation of liability as set out above, our liability shall be limited to the maximum extent permitted by law.

Inaccuracy or errors

• We make every effort to include accurate information but we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our services or on any related information on our website where inaccurate at any time without prior notice (including after you have submitted your order).
• 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 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.

Indemnification

• You agree to indemnify, defend and hold harmless Akazi Africa and 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.

Information provided on the website

• We are not responsible if information made available on this website is not accurate, complete or current. The information provided on this website is of a general nature and should not be relied upon or used as the sole basis for making decisions without consulting more accurate sources of information.
• We are also not responsible for actions taken by the user on accessing the website or the shop or taken on information provided the site, including reliance on any historical data.
• Any reliance on the material on this site is at your own risk.

Modifications of service

• We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice, including pricing of products which may change.
• We will not be liable to you or any third-party for price changes, modification or suspension or cancellation of the Service.

Online store terms

• By browsing this website and purchasing any item through our shop, you agree to these Terms of Service.
• You may only use our website for your own personal purposes in respect of viewing the website content and purchasing products on the online shop.
• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any Kenyan laws (including but not limited to copyright laws).
• By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence and you give us your consent to allow any of your minor dependents to use this site.
• You must not transmit any harmful code or virus of any nature and doing so will result in immediate termination of your Services.
• Except as expressly permitted by these general terms of service, you must not edit or otherwise modify any material on our website.
• Unless you own or control the relevant rights in the material, you must not:
  • republish material from our website (including republication on another website);
  • sell or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.
• Notwithstanding the above section, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

Personal information

• You can review our Privacy Policy on our website. Your submission of personal information through the store is governed by our Privacy Policy.

Products and services

• We may include certain collections or items, or services and products exclusively online. 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 colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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 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 any time without notice, at our sole discretion.
• 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.
• While we will endeavour to provide the highest quality of products, services, information, 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.

Prohibited users

Note that you are prohibited from using the site or its content:

• For any unlawful purpose; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to perform or participate in any unlawful acts or solicit others; to violate any regulations, rules, laws, or local ordinances; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code inhibiting performance or breaching data access in any way; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Service or any related websites or platforms. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Returns or exchanges

• If you’re not completely satisfied with your item after you receive it, we aim to work with you until you are. Please email us at our contact page within 10 working days of receiving your item if you require a replacement or if your item is damaged or the wrong size.
• If you change your mind and cancel your transaction within three working days and/or before the item is dispatched from our warehouse, we will work with you to get a full refund.
• If you ordered the wrong size, then a small fee will apply for a replacement to rectify the issue and recover export costs. If we sent you the wrong size according to your order, we will do everything possible to send you a replacement item as quickly as possible.
• We cannot offer any exchanges on any items after the initial 10 day period.
• We endeavour to always bring you the highest quality of the products. If you have any concerns please contact us via the contact page.
• We may offer refunds for returned products, but this will be at the discretion of Akazi Africa and subject to the applicable laws in Kenya.

Severability

• In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will be enforceable to the fullest extent permitted by applicable law.
• This will not affect the validity and enforceability of any other remaining provisions under this agreement.

Termination

• These Terms of Service are effective unless and until terminated and any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• 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. We also may terminate this agreement 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.

Third parties

• We may provide you with access to third-party platforms over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools and especially the use of the Woo Commerce and WordPress sites 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 these 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 providers. Refer to the Privacy Policy for further information and links to our providers.
• Any content, products and services available via our Service including materials from third-parties 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 and we are not liable for any damages related.
• All complaints, claims, concerns, or questions regarding third-party products should be directed to third-parties.

Governing law

• These Terms of Service and any agreements governing our online shop or parts of the website shall be governed by and construed in accordance with the laws of Kenya.

Contact information

• Please contact us if you require any further information on info(at)akaziafrica.com.