TERMS AND CONDITIONS

    Last Updated: June 2021

    PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AND DISCLAIMERS CAREFULLY

    Thank you for using KARA SIDAI BOTANICALS LTD E-STORE (the “E-Store”). The following are the terms of agreement between KARA SIDAI BOTANICALS Ltd (‘Kara Sidai Botanicals” or “the Company”) and the Buyer (“Buyer”) of any product through the website of Kara Sidai Botanicals (the “Website”). Buyer is requested to review these terms and conditions carefully before ordering

    • INTRODUCTION
    1. Buyer agrees to the terms and conditions outlined in these Terms and Conditions which constitute an Online Contract (“Contract”) with respect to the goods and information provided by or through the E-Store. 

     

    1. This Contract constitutes the entire and only agreement between Kara Sidai Botanicals Ltd and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract. 

     

    1. These Terms of Service may be amended at any time by posting a revised version on our website. The revised version will be effective at the time of posting.

    • USER ACCEPTANCE
      1. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the service.

     

    1. By agreeing to these Terms of Service, you represent that you are eighteen (18) years old or older and are capable of entering into a legally binding agreement.

     

    1. If you disagree with the contents of these Terms of Service, you should not accept the terms and conditions set in this agreement and as a consequence, you shall be unable to use the E-store. If you are dissatisfied with the Kara Sidai Botanicals products, or have any other concern, please email our customer care team on customercare@karasidai.com

    • USER RELATIONSHIP WITH KARA SIDAI BOTANICALS
      1. In connection with your access to our product offering, you are responsible for compliance with all applicable laws, regulations and policies of the relevant jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Among other things, you agree not to:

     

    1. Impersonate any person’s identity;
    2. Bypass any measures Kara Sidai Botanicals may use to present or restrict access to our service or otherwise attempt (by any means) to gain access to data or information that you are not entitled to access;
    3. Copy, modify, create derivative of, decompile, or reverse engineer or take any actions to interfere with proprietary and intellectual property rights; and 

    Post, email or otherwise transmit malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of Kara Sidai Botanicals’ systems.

    • ORDERING PRODUCTS
      1. When Buyer places an order via Kara Sidai Botanicals, the order is a binding offer to purchase products under these terms and conditions. Buyer will, before approving an order, have the option to correct or delete products that they have added to the shopping cart and change the information they have provided in connection with their purchase.

     

    1. Kara Siai Botanicals takes all reasonable care to ensure that all details relating to the products including but not limited to the product description, ingredients, and pricing is as accurate and up to date as possible.

     

    1. Kara Sidai Botanicals reserves the right to cancel orders at any time. 

     

    1. Wholesale orders via the Website will not be accepted and Kara Sidai Botanicals reserves the right to decline any order that it has reasonable cause to believe is for onward sale other than through distribution and wholesale channels approved by Kara Sidai Botanicals.

     

    1. All promotions, sales and codes will finish on the specified date according to East Africa time (GMT+3)

     

    1. You acknowledge that all goods purchased under these terms are intended for personal use only and will not be re-sold

    • PRICES

     

    1. All prices are on the E-Store are quoted in Kenya Shillings and are inclusive of all taxes but exclude delivery costs. Delivery costs are added separately and are calculated at checkout.

     

    1. Kara Sidai Botanicals reserves the right to change the product prices at any time.

    • PAYMENT TERMS
      1. Kara Sidai Botanicals payments policy allows Buyers to use various forms of payments. Buyer may purchase goods by credit card, debit card or via MPESA.

     

    1. Kara Sidai Botanicals does not accept cash on delivery. Orders must be paid in full prior to delivery.

     

    1. In order to make a purchase on our E-Store, you must be age 18 years or the equivalent minimum age in your home country. Kara Sidai E-Store IDs for persons under this age can be created by a parent or guardian.

     

    1. In order to complete a purchase, Buyer will be asked to register as a member of Kara Sidai Botanicals or checkout as a Guest. By registering as a member, Buyer will be able to purchase Kara Sidai Botanicals products without re-entering their personal details.

     

    1. Buyer agrees to provide current, complete and accurate purchase and account information for all purchases made at the E-Store. Buyer agrees to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that Kara Sidai Botanicals can complete Buyer’s transactions and contact them as needed.

     

    1. When an order is made, it is placed into the shopping cart where final details (cost of product and shipping costs) will be confirmed. Once Buyer confirms the order, they move to Checkout. Buyer is then requested to make payment using our payment services provider. Once transaction is completed, the order is completed. Buyer will receive a confirmation (via email or mobile phone) of their order, with the order number.

     

    1. All of the above payments are made via a secure payments platform, PESAPAL. When you are directed to a third party website, its privacy policy will govern the use of your information.

     

    1. The website may contain links to other websites and resources either directly or through frames and, where possible, Kara Sidai Botanicals will make clear where such links are being made. If you click on any links or banners on Kara Sidai Botanicals website that take you to third party websites, you will be subject to their privacy policies. Kara Sidai Botanicals cannot be held responsible for the actions of any third-party websites.

     

    1. For your own security and peace of mind, we cannot take orders via phone.

     

    1. By submitting an order, you agree to be bound by these terms and conditions. For more information on shipping and delivery, please visit our Shipping page under Customer Services.

    • PERSONAL INFORMATION
      1. The information that you provide about yourself to Kara Sidai Botanicals will only be used by the Company in accordance with its Privacy Policy. Please read the Privacy Policy carefully and if you have any questions, please email us on info@karasidai.com. To view our Privacy Policy, click here (insert link).

    • COPYRIGHT

     

    1. Kara Sidai Botanicals is a registered trademark. All content, organization and product on the website of Kara Sidai Botanicals, including but not limited to text, design, graphics, interfaces or code are subject to intellectual property rights such as copyright, trademark and other property rights. This material is the property of the rightful owners. All rights are expressly reserved. Reproducing, copying, manipulating or using this information without the prior written consent of the legal owner of such material could result in civil or criminal prosecution.

    • EDITING, DELETING, AND MODIFICATION
      1. Kara Sidai Botanicals reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, Kara Sidai Botanicals may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.

     

    • RIGHT TO REFUSE
      1. Kara Sidai Botanicals reserves the right in its sole discretion to refuse to process your order at any time if the product you ordered is no longer available or your payment method cannot be processed or if we have reasonable cause to believe you are violating our E-Store policies. Kara Sidai Botanicals will not be liable to you for any loss or damage directly or indirectly resulting from such refusal to process your order.

     

    1. Kara Sidai Botanicals does not guarantee, represent or warrant that your use of our products will be uninterrupted or error-free, and you agree that from time to time Kara Sidai Botanicals   may remove our products for indefinite periods of time, or cancel the product line at any time, without notice to you.

     

    1. Sale of any goods is subject to availability.

    • WARRANTY
      1. Kara Sidai Botanicals makes no representations whatsoever and gives no guarantees against latent or patent defects in respect of the products, and all conditions and warranties whatsoever, whether implied or otherwise, are hereby expressly excluded.

     

    1. Kara Sidai Botanicals shall not incur any liability of whatever nature arising in contract or tort from any injury, loss or damage to any person or property arising from the use of the products.

     

    1. The products supplied by Kara Sidai Botanicals shall be suitable for the purpose designed and intended and the customer shall ensure the products are handled, stored, used, worn or otherwise dealt with in a normal and proper manner, and where applicable, in a manner consistent with the instructions given by Kara Sidai Botanicals.

     

    1. No action or claim of whatever nature shall lie against Kara Sidai Botanicals arising out of or in connection with any defects in, or unsuitability of any products.

    • INDEMNIFICATION
      1. You expressly agree that your use of, or inability to use our beauty products is at your sole risk. Kara Sidai Botanicals shall not be held liable for any damages resulting from the misuse of any of its products. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the products strictly for the purpose they were designed for, and to ensure that the products are used in a safe and reasonable manner. 

     

    1. Kara Sidai Botanicals shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.

     

    1. Buyer agrees to indemnify, defend and hold Kara Sidai Botanicals and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.

     

    • NON-TRANSFERABLE
      1. Buyer’s right to use the E-Store is not transferable and is subject to any limits established by Kara Sidai Botanicals or by Buyer’s credit card company.

    • DISCLAIMER
      1. The goods offered through the E-store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of Kara Sidai Botanicals, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased.

     

    1. Kara Sidai Botanicals and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Kara Sidai Botanicals and Buyer. This E-store and products would not be provided without such limitations.

    • FORCE MAJEURE 
      1. Neither you nor Kara Sidai Botanicals shall be in breach of this Agreement if and in the event,  there is any total failure of performance of its duties and obligations under this Agreement occasioned by any act of God, Fire, Government, regulations, war, civil disturbance, order of public authority, natural catastrophe, epidemic, pandemic or any other disaster. 

     

    1. The operation of this Agreement shall accordingly be suspended during that period of the total or partial failure by one or both the parties hereto to perform any of their obligations hereunder. 

     

    1. If and when such event ceases to exist, the party, which had been under such disability, shall inform the other party in writing of the cessation of such event or occurrence and suspension of this Agreement shall be thereupon lifted. 

     

    1. If, however the Agreement shall remain suspended for a period of ninety (90) calendar days consequent upon force Majeure, it shall automatically stand absolutely terminated as against all the parties hereto. 

    • TRADEMARKS AND INTELLECTUAL PROPERTY
      1. All brand, product and service names used in this site are the trade marks, trade names or service marks of Kara Sidai Botanicals Limited unless otherwise stated. You may not market or distribute products or offer services under or by reference to or otherwise use or reproduce any such trade marks, trade names or service marks without the prior written permission of Kara Sidai Botanicals Limited or the owner of such trade marks, trade names or service marks.

    • DISPUTES WITH KARA SIDAI BOTANICALS
      1. Any dispute arising in connection with this agreement shall be resolved amicably in accordance with the provisions set forth in this Section. 

     

    1. Contact the Company first. If a dispute arises between you and the Company, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes regarding the Services may be reported to Customer Care by emailing info@karasidai.com.

     

    1. For any dispute, which cannot be mutually resolved by the parties as above, the parties agree to submit the matter to a single arbitrator to be appointed by the parties jointly and or failing such appointment within fourteen (14) days from the date of the notification of the dispute by either Party, appointed by Chairman for the time being of the Chartered Institute of Arbitrators of the United Kingdom (Kenya Branch). Such arbitration shall be conducted in Nairobi, Kenya in accordance with the Kenyan laws of Arbitration as amended from time to time. The decision of the arbitrator shall be final and binding upon the Parties.

    • APPLICABLE LAW. 
      1. This Agreement will be governed by and construed in accordance with the Laws of the Republic of Kenya and the parties irrevocably submit to the exclusive jurisdiction of the Kenyan courts.

    • AMENDMENT OF TERMS

     

    1. We reserve the right to amend these Terms and Conditions without notice to you from time to time. Any such amendment shall be effective once the revised terms have been posted on the site.