Terms and conditions for the supply of goods through the Ayaani Brand Ltd Jewellery online store. These Terms and Conditions shall apply to all contracts entered into by Ayaani Brand Ltd (“Ayaani Brand Ltd”, “we”, “our”, or “us”). By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
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 & Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Site Changes and Access
Our website changes regularly and access to this site is permitted on a temporary basis. We aim to update our site regularly, and may change the content at any time, including the product details and pricing without notice. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. You are also responsible for ensuring that all persons who access our site through your Internet connection are aware of these terms, and that they comply with them.
The Contract between you and us
We must receive payment in whole for the price of the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been received by sending an email to you at the email address you provide in your order form. This is not an Order Acceptance from Ayaani Brand Limited. Our acceptance of your order takes place on the despatch to you of the products ordered unless we notify you that we do not accept your order, or you have cancelled your order in accordance with clause 3. Our acceptance of your order brings into existence a legally binding contract between us. Only adults (persons aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to transact through this site. Any other individuals who are unable to perform legally binding contracts are prohibited from ordering goods using this site. If you do not qualify do not use this site.
Pricing, Delivery and Discount Codes:
- The prices payable for goods that you order are as set out in our website.
2. All of our prices are in United States Dollars ($ USD). You will be billed in Kenya Shillings.
3. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
4. Promotional discount codes: We may from time to time offer promotional discount codes (either directly or via third parties) which may apply in respect of any, or certain specified, purchases made through this Website. Such codes may only be applied to purchases of full-price items and cannot be used in conjunction with any other offer or discounts.
5. Please note that prices in all printed publications are correct at the time of publication and we reserve the right to amend these without prior notification.
Right for you to cancel your contract
- Subject to the 3 below, you may cancel your contract with us for the goods you order at any time up before the goods are shipped out to you without any penalties.
2. To cancel your contract you must notify us by email at ayaanidiamondsltd@gmail.com.
3. Your right to cancel your contract with us for the goods you have ordered is subject to:
4. Once you have notified us that you are canceling your contract, any sum debited from your credit card/m-pesa will be credited to your account as soon as possible and in any event within 15 days
Cancellation by us
- We reserve the right to cancel the contract between you and us if:
1.1 we have insufficient stock to deliver the goods you have ordered.
1.2 we do not deliver to your area; or
1.3 one or more of the items you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
2. If we do cancel your contract, we will notify you by email or by telephone, and will re-credit to your account any sum deducted by us from your credit card/M-pesa as soon as possible but in any event within 15 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Delivery of goods to you
- We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. It is your responsibility to ensure that the delivery address you give us is correct and accurate and that there is somebody to sign for and take delivery of the goods from the delivery service used.
2. All orders within the Kenya are delivered using G4S Delivery or an alternative carrier during G4S industrial action.
Delivery Charges: Charges for Nairobi are Kshs.500.00 and Upcountry are Kshs 1000.00
* International Delivery is under consideration, once in place we will post it here.
3. You will become the owner of the goods you have ordered when they have been dispatched to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
4. We make no promise that materials on our website are appropriate or available for use in locations outside the Kenya, and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Kenya, you do so on your own initiative and are responsible for compliance with local laws.
5 If your order is returned to us because the courier or other courier could not complete the delivery to you for whatever reason, then you will be responsible for the repeat delivery costs.
VAT
Our Prices Include VAT at the standard Kenyan Rate(16%).
Liability
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email of the problem within 2 working days of the delivery of the goods in question.
2 If you do not receive goods ordered by you within 7 working days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or telephone at our contact address of the problem within 14 days of the date on which you ordered the goods. If you notify us of a problem under this condition, our only obligation will be, at your option either:
2.1 to make good any shortage or non-delivery; or
2.2 to replace any goods that are damaged or defective; or
2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
3. We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify us of under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
4. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
6. We cannot be held responsible for any delays once the goods have left us and are in possession of the courier.
Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to our contact address at ayaanidiamondsltd@gmail.com and all notices from us to you will be displayed on our website from time to time.
Privacy
You acknowledge and agree to be bound by the terms of our Privacy Policy.
Third Party
- Third Party Rights: Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists.
2. Third Party links: We may include hyperlinks on this Site to other websites or resources operated by parties other than Ayaani Brand Limited, including advertisers. Ayaani has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Governing Law
Each and every transaction carried out is deemed to be completed within Kenya and therefore shall be governed by and interpreted in accordance with Kenyan Law. The terms of this charter (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with Kenyan Law and the Kenyan Courts shall have exclusive jurisdiction in relation thereto.
Entire Agreement
- These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
2. We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors.
Events Beyond our Control
We will not be in breach of this Agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to circumstances beyond its reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Our rights
We reserve the right to change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.