- Acceptance of Terms
- Product Information
We endeavour to ensure that Product descriptions and specifications on the Site are accurate. However, Product descriptions and specifications on the site are based on information provided by manufacturers and suppliers, and we do not guarantee that the Site is accurate or free from errors or omissions. We reserve the right to make any necessary corrections.
(a) Products are generally noted on the Site as being available, having limited availability or being out of stock. Products which are out of stock can be added to your wish list, or you can ask us to notify you when the Product becomes available.
(b) While Product availability information is updated at frequent intervals, we sell high volumes of stock and cannot guarantee availability. If your Order contains a Product is not available for immediate dispatch, we will contact you to advise you and give you the option of:
(i) Cancelling your Order, or deleting that Product from the Order, in which case we will refund you for the price you paid for the cancelled Product/s, and refund or adjust for any difference in delivery charges (if applicable); or
(ii) Placing that Product on back order (if available), in which case we will dispatch the Product to you when it becomes available (generally within 3 business days).You must pay in full for the Product before we will place it on back order. We may however elect to cancel the back order for a Product if the Product becomes unavailable permanently or for an extended period, in which case we will refund you for the price and any delivery charges you paid for the Product, and any refunds will be issued within 5 business days, using the same method as your original payment.
We display images of each Product on the Site, some of which have been provided by manufacturers or suppliers. These images are for illustrative purposes only and do not form part of the description of the Product. The images are not of the actual unit of Product that will be dispatched to you. There may be minor differences in packaging on some Products. Please be aware that colours appear differently on different monitors.
2.4 Pricing and Payment
- You acknowledge that despite our reasonable precautions, Product/s may be listed at an incorrect price, or with incorrect availability or other information, due to typographical errors or oversight. In such circumstances, we reserve the right to cancel your Order, even if your Order has been paid for and previously accepted by us. We will contact you as soon as possible and immediately issue a full refund for any payment you have made for the cancelled Order. We reserve this right up until we deliver the Product. Refunds will be issued within 5 business days, using the same method as your original payment.
- Prices of products (which may or may not be inclusive of applicable taxes) will be indicated on the order pages when you place your order.
- You are sole responsibility for all legal and regulatory obligations including tax obligations arising from placing an order for a product on our website.
- We accept payment for the products by way of mobile money M-PESA payments or any other designated mode of payment indicated on our website.
- Prices displayed on the Site represent the full price in Kenya Shillings (Ksh), for the product itself but does not include postage/delivery charges which will depend on the destination.
- As we always seek to provide our customers the most competitive prices, we reserve the right to change prices displayed for products on the Site at any time
2.5 Sales and Discounts
We from time to time will have offers, promotions and discounts on items.
- We will have right to issue,cancel any offer without notice
- We will not responsible for any loss incurred due to offer change
- You cannot make any reservation for shoes on offer
- there will be no refund for shoe bought on offer
- shoes on offer shall only be exchanged with another shoe on offer
2.6 Gift Vouchers
- Gift vouchers can be used as full payment or part in conjunction with any other form of payment
- Gift vouchers expires in 10weeks
- Gift vouchers can only be used in one transaction
- the original voucher must be presented for purchase
- The gift voucher cannot be exchanged with cash and change shall be issued
- we will not accept liability for lost or damaged voucher
- Registering as a user
3.1 Setting up a registered user account
You may set up a registered user profile at any time, free of charge. Becoming a registered user means that you can access additional functionality on the Site, such as storing your contact details, delivery addresses, tracking orders, order receipts among others. By registering as a user, you:
(a) Agree to keep your Site login id and password confidential and secure, and not disclose it to anyone;
(b) Warrant that your Profile:
(i) Is true and submitted in good faith; and
(ii) Is your own and not that of another person or business;
(c) if registering on behalf of a company, you represent and warrant that you are authorised to bind that company to these terms;
3.2 Managing your registered user account
(a) You can manage your account preferences by logging into your account on the Site.
(b) If you subscribe to our mailing list, we may send you information and special offers from our store and affiliates. You can unsubscribe at any time.
3.3 Registered user account cancellations
(a) You may cancel your registered user account at any time for any reason, by emailing us at firstname.lastname@example.org. Please allow up to 4 business days for us to process your deregistration request.
(b) We reserve the right to cancel your registered user account at any time for any reason.
(c) If a registered user account is cancelled for any reason, any personal information associated with that registered user account will be deleted. However, we may retain user data in de-identified form for statistical reporting purposes.
- Your Rights and Obligations
(a) You agree to:
(i) Comply with this agreement; and
(iii) Use the Site in good faith.
(b) the information you have provided in your account opening form or otherwise under this contract is current, accurate, truthful and complete;
(c) you have full power , authority and capacity to execute and deliver this contract, each transaction and any other documentation relating thereto, and to perform your obligations under this contract and have taken all necessary action to authorize such execution, delivery and performance;
(d) you shall be fully and directly responsible to us for all of the liabilities and obligations incurred by us under this contract;
(d) any execution, delivery and performance of a transaction shall not violate or conflict with any law applicable to you, your constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance;
(e) all governmental, regulatory and other consents that are required to have been obtained by you in relation to this contract have been so obtained and are in full force and effect and all conditions of any such consents have been complied with;
(f) you shall comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction or regulatory authority which apply in respect of us or you from time to time;
(g) you shall promptly give (or procure to be given) to us such information and assistance as we may reasonably require from you to enable us to perform this contract;
(h) you have been and are compliant with all tax and reporting obligations relating to this contract;
(i) if you are a corporate entity, no order has been made or resolution passed or petition presented for your winding up or for a provisional liquidator to be appointed in respect of you and no meeting has been convened for the purpose of your winding-up and no receiver has been appointed in respect of you or of all or any of your assets; and
(j) you must not scrape information from the Site for commercial purposes without our written consent.
- Order and Delivery
5.1 Placing an order
(a) The display of any items or promotions on the Site is an advertisement or offer to treat and not an offer. By placing an order (order), you are making an offer to buy subject to this agreement.
(b) You shall order and pay for the products using the procedure specified on this website.
(c) During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
5.2 Delivery standards
(a) All Products are dispatched from our warehouse or from our suppliers (who are generally within Kenya), and sent via various carriers.
(b) We will endeavour to dispatch all Orders within one business day where possible, once you have placed the order. However, all dispatch times and delivery times are estimates only. We are not liable for late delivery or mis-delivery caused by factors outside our control.
(c) Items may be delivered to you in more than one shipment where they are fulfilled from different locations or directly from our suppliers.
(d) You may grant us or the courier an 'authority to leave' when placing your Order. If you do, you agree that this authority to leave gives the couriers we use permission to leave the Products unattended at the delivery address without obtaining a signature confirming delivery. Delivery is then deemed to be completed, and the Products are at your sole risk. Please note that despite having an authority to leave, our courier may at its discretion decide that it is not safe or appropriate to leave the Products unattended.
(e) We may not be able to deliver to some locations, and some Products are limited in delivery locations. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
(f) We will not process your Order where you have supplied invalid delivery details
(g) If you supply incorrect delivery details, we:
(i) Reserve the right to change or alter an address to the closest matching address location; or
(ii) May take reasonable steps to contact you using the personal details you have provided.
(iii) however, we will not be held responsible for not fulfilling your Order, nor for being unable to advise you that this is the case.
(h) If a Product is returned to us marked 'Return to Sender' because you have supplied us with an incorrect address, or you have failed to collect the Product in a timely manner after being provided with a delivery slip, then:
(i) We will contact you to arrange for redelivery; and
(ii) We may require payment of applicable delivery costs before attempting redelivery.
(i) We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them caused by you not giving us the information we need within a reasonable time of us asking for it.
5.3 Loss or damage in transit
(a) You should check the Product carefully for damage before signing the delivery docket. Once you have accepted delivery of the Product as being undamaged, you may not be able to make a claim for loss or damage in transit.
(b) To make a claim for loss or damage in transit you must email us at email@example.com as soon as you become aware that the Product may have been damaged or lost in transit. You will be asked to provide evidence of the damage (eg photos). We will ask our courier to investigate any lost items, and their records are prima facie evidence of delivery status.
(c) You authorise us to complete any forms or take any action necessary for lodging a claim with the relevant courier or insurance company to make a claim for compensation for loss or damage in transit.
(d) Once we have verified that the Product has been lost or damaged in transit, we may at our sole discretion:
(i) Send you a replacement Product, at our cost; or
(ii) Refund you for the price you paid for the Product, plus delivery costs. Refunds will be issued within 5 business days, using the same method as your original payment.
(e) You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments. We will not accept any claim for loss or damage in transit where the Product has been damaged by your own actions in opening the Product.
5.4 Cancelling an order
(a) To cancel an order you must call us immediately on +254 746 359401. Please note that while we monitor emails, we cannot always attend immediately to emails. We cannot cancel orders once the Product has been dispatched.
(b) If you cancel an Order under this clause, we will issue a full refund of any payment you made for the Order, using the same method as your original payment, within 5 business days.
5.5 Technical support
If for any reason you are unable to complete your purchase successfully, please contact our technical support at firstname.lastname@example.org
(a) Unless otherwise noted, the prices stated on the Site are in Kenyan Shillings dollars and are inclusive of VAT (where payable). Delivery charges are separately calculated and will be displayed prior to payment being required.
(b) You must pay all and any quarantine expenses, import duties, levies or import, sales, transaction, use, excise, gross receipts, value added, property or other taxes, fines or duties of any kind applicable to the Product. These charges may be separately levied on you by the applicable authority.
(c) You are solely liable for any additional costs or penalties incurred as a result of late payment, or storage, abandonment, disposal or other fees, fines or expenses incurred as result of your delay in picking up a Product from a depot or delivery centre after receiving a delivery slip.
(d) Cash on Delivery payments will be made in cash, MPESA or any other means presented to you upon delivery of the product.
(e) You undertake and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
(f) If your payment is dishonoured or reversed for any reason, you must immediately make the payment again. We reserve the right to delay processing your order or delivering the Product until we receive full payment.
(g) If your payment is dishonoured or reversed for any reason after the Product has been delivered, then without prejudice to any other right or remedy, we may recover the price of the Product together with any other expenses we have incurred, from you as a liquidated debt in a court of tribunal of competent jurisdiction irrespective of any claim that you may have against us for any thing or matter related to the Product.
- Returns, Exchange and Refund Policy
. Please refer to our returns and exchange policy.
- Intellectual Property Rights
The material on the Site is protected under Kenyan and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trademarks and other content on the Site are owned by their respective owners. You must not deal with the material on the Site in any way which infringes on the content owner’s Intellectual Property rights without separate written permission from the content owner.
Limitation of Liability and Indemnity
(a) We warrant that the Products are fit for their usual purpose, are merchantable and meet any description we have provided. All other conditions, warranties and representations, except those which are non-excludable in law, are excluded.
(b) You warrant that you have exercised your own judgement as to the suitability of the Product for your purposes.
9.2 Responsibility for Own Actions
You agree to release and hold harmless, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:
(a) Your own negligence or malpractice, or reckless or intentional misconduct, and
(b) Your own failure to perform your obligations and responsibilities under this agreement.
(c) Any modification or misuse of any Product by you or anyone acting on your behalf;
(d) Any acts or omissions of anyone whom you allowed to access the Site using your login id and password, whether deliberately or otherwise;
(e) Your breach of your warranties or obligations under this agreement; or
(f) Any reasonable legal expenses we incur as a result of your breach of this agreement, including expenses for enforcing payment, on a solicitor and own-client basis.
9.3 Limitation of Liability
(a) In performing any obligation under this agreement, our only duty is to exercise reasonable care and skill.
(b) To the fullest extent allowable at law:
(i) We only accept liability to you as set out in this clause 9, or as required by consumer or other laws which cannot be excluded by contract;
(iii) Our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):
(a) Replacing the Product with the same or equivalent Product; or
(b) Repairing the Product; or
(c) A refund of the amount you paid us for the Product.
(iv) We are not liable for any loss or damage, whether direct or indirect, arising from faulty design or manufacture of the Product, other than for Products we have manufactured;
(v) We are not liable for Consequential Loss in relation to any Product, however arising;
(vi) We hold the title in the Product and will bear the risk of any damage to or theft or loss of Product during transport to the delivery address. Title and risk in the Product passes to you on delivery. We are not liable for any loss, theft or damage to the Product after delivery;
(vii) We will not be liable if you have failed to follow instructions for use of the Product, modified the Product or used the Product for an unintended purpose;
(viii) We are not liable to you for errors in the information you provide to us; and
(ix) We are not liable for default or failure in performance of our obligations under this agreement resulting directly or indirectly from the actions of suppliers, couriers or any other circumstances caused by factors beyond our reasonable control, whether or not caused through any act or inaction by us, our employees, agents or independent contractors, or through any other cause.
(x) Despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed a sum equal to the greater of:
(a) Ksh 10,000; or
(b) The price of the Product in dispute.
(c) The limitation of liability under clause 9.3(b)(x) has effect in relation both to any Liability expressly provided for under this agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this agreement.
- Anti-money laundering
(a) You shall not pay or deposit funds received from unknown or suspicious sources into your account. You will use your account solely in your personal capacity and you will update the information and documents provided concerning your account where there is any change to such information as required by the provisions of any law, regulations, guidelines or directives in the Republic of Kenya .
(b) You shall not use the website in furtherance of money laundering, terrorism, nor will you provide administrative access of your account on the website to any persons (including any natural person, government or private entity or other form of body corporate) that has any affiliation with others whatsoever who sponsor or support the above such activities or causes or is located in or is a national of any country that is embargoed, restricted or subject to sanctions that would restrict the use of the website by such person or restrict the performance of our obligations under this contract.
(c) If we suspect any form of money laundering or terrorism financing, or at any time pursuant to our request, you shall immediately upon demand provide such due diligence information relating to you (together with a certification or translation, where required) as may be requested by us.
(d) You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each date on which a transaction is entered into under this contract) that you are the principal holder of, and the sole beneficiary in respect of your account, and that you shall not pay to us or deposit funds received from unknown or suspicious sources into your account. You will use the website solely in a personal capacity and will update the information and documents provided concerning your use of the website if there emerges any reasons or changes so requiring, as required by the provisions of anti-money laundering and counter-terrorist financing laws or other laws or regulations in the Republic of Kenya or in any other relevant jurisdiction.
The parties' rights and obligations under clauses 2.5, 7, 8, 9 and 12.2 will survive the termination of this agreement for whatever reason.
The laws of the Republic of Kenya apply to this agreement and the parties submit exclusively to the courts of that jurisdiction. Any dispute arising between us from these terms shall be determined at first instance by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. In the default of settlement in the first instance by reference by either Party to arbitration by the Chartered Institute of Arbitrators, Kenya Branch in accordance with its rules. The Arbitration Act, 1995 will apply.
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.
11.5 Entire Agreement
This agreement and your order contain the entire agreement between the parties and supersedes all previous negotiations or agreements in relation to the subject matter of this agreement.
- Definitions and Interpretation
12.1 Definitions In this agreement:
(a) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in The Republic of Kenya.
(b) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to this agreement or third party.
(d) Consequential Loss includes, without limitation:
(i) Loss of data or unauthorised disclosure of data;
(ii) Loss of opportunity, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, loss of revenue, and all other pure economic loss; and
(iii) Disappointment, distress, stress, and inconvenience.
(e) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
(f) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, and includes the right to register any intellectual property rights.
(g) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
(h) Product means an item available for purchase on the Site.
(i) Site means the website which may be accessed at emirateshoes.co.ke, emirateshoes.com or any subdomain variation of both.
Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
Notices, instructions and other communications
Any notification or other communication given to us under this contract shall be as specified or required under the website or in writing and sent to the address set out below or such other address as may be notified by us to you and such notice to us shall take effect upon its actual receipt by us:
Head of Department, E-Commerce
Emirates Shoes Collections Limited,
P.O .Box 13453-00800
For the attention of Stephen Thuo
All written communications by us to you under this contract shall be sent to the last postal or e-mail address notified to us by you or by posting such information on our website and shall be deemed to have been received by you when sent to the relevant address or when posted on our website as the case may be.
We may record telephone conversations with you without the use of a warning tone, and may use the recordings as evidence in the event of a dispute.
All communications between us under this contract and documents and other information provided by us to you in connection with our services shall be in English.