TERMS OF SALE
Last updated: 20 November 2017
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the Pieces (“Piece” or “Pieces”) listed on our website www.unitymakers.com (“our site”) to you. “Standard Piece or Pieces” refer to Pieces that are displayed on our website or currently existing in our design repository. Standard Piece includes any variants in dimensions in color to an existing Standard Piece even though it may not be displayed on the site or in our repository. Custom Piece or Pieces refer to pieces not displayed on our website or currently in our design repository and whose design features have been developed at your request as a client and are not variants of Standard Pieces.
Please read these Terms of Sale carefully before ordering any Pieces from our site. These Terms of Sale tell you who we are, how we will provide Pieces to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Pieces through our site.
SECTION A – GENERAL TERMS OF SALE
Last updated: 17 February 2018
www.unitymakers.com is a website operated by Unity Makers Limited (“we”, “our”, “us”). We are registered in by the Registrar of Companies of Kenya as a limited liability company under registration number PVT-AAABEZ1.
2.1 You can place orders for Pieces with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Pieces in that order if we accept your order.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3 All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. Unless paid by cash or Mobile Payment, we will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
2.4 Cancellations to orders before delivery will only be accepted if received within 5 days of confirmation of the order. You are not entitled to any refunds for any cancellations received after this period.
2.5 Before ordering from us, it is your responsibility to check and determine your full ability to receive the Pieces ordered. This includes ensuring that the Pieces ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
2.6 Where a Custom Piece is ordered, you are responsible for ensuring the accuracy of the dimensions that you submit to us. Where a Custom Piece is made to the specifications you have provided and the Piece does not fit into its intended space, any alterations made shall be at your full cost.
2.7 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Pieces.
3.1 All orders for Pieces are subject to the availability of those Pieces and the materials for making the Pieces. We will inform you as soon as possible after receiving your order if, for any reason, the Pieces you have ordered are not available or are subject to any delay.
3.2 If we are unable to supply you with a Piece, for example, because the wood type or other material is out of stock or because of an error in the price (see clauses 5.4 and 5.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Piece we will refund you the full amount as specified in our refund policy below.
4.1 The images of the Pieces on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Pieces. The Pieces that are delivered to you may vary slightly from those images.
4.2 Although we have made every effort to be as accurate as possible, the measurements indicated including dimensions and capacities shown on our site are only approximate. The Pieces that are delivered to you may vary slightly. These variations shall not be considered as non-fulfillment of client specifications.
5.1 The price of any Piece will be as quoted on our site, except in cases of obvious error. We reserve the right to correct any errors in prices as and when we identify them. Where a price was in error and order is received, if we are unable to process your order at the erroneous price, we shall notify you via email and provide you with a full refund within fourteen days.
5.2 The price of any Piece may change from time to time, but changes will not affect any order we have accepted.
5.3 The price of a Piece includes VAT and delivery costs within Nairobi. For deliveries outside Nairobi, but within Kenya or international deliveries, please see section 7 below on Deliveries.
5.4 Due to the large number of Pieces on our site, it is always possible that some of the Pieces listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-handling procedure so that, where a Piece's correct price is less than our stated price, we will charge the lower amount when dispatching the Piece to you. If the Piece’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Piece, or reject your order and notify you of the rejection.
5.5 We are under no obligation to provide the Piece to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
6.1 We accept payment with the payment methods listed on our Site. You must pay for the Pieces and any applicable delivery charges in advance of delivery of the Pieces.
6.2 All orders whose cumulative total is less than Two Hundred and Fifty Thousand Shillings (KES 250,000) must be paid for in full, that is one hundred percent (100%) of the amount due.
6.3 All orders in excess of Two Hundred and Fifty Thousand Shillings (KES 250,000) must make a deposit of seventy percent (70%) of the total amount due. The balance of 30% must be paid within seven days of delivery. If the balance is not paid within the seven days, then any outstanding amounts shall attract an interest of five percent (5%) per week or part thereof until the balance is paid in full.
6.4 We are offering you a wide range of design selection. We hope you can find a piece that suits you from our collections. If not, we can create a custom piece to suit your needs. However, any order for Custom Pieces must not be less than Five Hundred Thousand Shillings (KES 500,000). The order may include both Custom and Standard Pieces, but at all times any request containing Custom Pieces must be in excess of the specified amount.
6.5 We shall not commence processing any order until payment is received as specified above.
6.6 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
7.1 We offer a free delivery service within Nairobi. We apply the official administrative boundaries of Nairobi County to determine if a destination site is within Nairobi or not and therefore entitled to free delivery.
7.2 For deliveries outside Nairobi county but within Kenya, we can at our discretion deliver but at your cost. This cost will be added to the total amount of the cost of the pieces. You can specify if you would like us to use our preferred delivery service at which point we shall quote you the price. Alternatively, you can provide us a delivery address for your preferred delivery service within Nairobi and we shall deliver at the courier’s site at no cost.
7.3 For international deliveries, you are obliged to provide us with a contact of your preferred courier in Kenya. If the courier is within Nairobi, we shall deliver for free. If the courier is outside Nairobi, clause 7.2 above will apply accordingly.
7.4 In each instance when we deliver to your preferred courier, our liability ends upon receipt of the goods by the courier by signing our Delivery Note. We will NOT be liable for any losses or damage whatsoever as a result of mishandling, theft, confistication or a natural or man-made disaster. You agree to indemnify us from any such liabilities.
7.5 Deliveries are undertaken only on Tuesday or Friday. We will call you to confirm your address and the time of delivery. If we deliver the Pieces to the agreed time and address but you or any of your representatives are not present to receive them, any subsequent delivery shall be at your full cost.
7.6 If we deliver to your specified address but you are unable to receive them because the Pieces ordered will NOT pass freely into your room of choice, or fit in that room, or transportable through the door of your flat or room, stairs, doorways or lift, any subsequent delivery shall be at your full cost unless the happenstance is as a result of wrong dimensions from faulty workmanship on our part.
7.7 Where it is apparent that the dimensions of a Piece or Pieces make them difficult to transport through a door, corridor or lift we are not obliged to persist in ensuring the passage of those Pieces if the Pieces correspond to dimensions stated on our site for Standard Pieces or were made to your specifications in the case of Custom Pieces. Should you however, despite the challenges, request our delivery crew to force passage, then we shall not be liable for any damage or losses as a result of the forced passage and shall indemnify us against any claims arising from such an incident.
7.8 Delivery date will usually be between 4 – 6 weeks of confirmation of your order after receipt of payment. The precise date of delivery will be communicated to you by email or phone. Although we will make every reasonable effort to ensure your Pieces are dispatched and delivered within the estimated timescales, if we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date. Unfortunately, we cannot guarantee that they will not be affected by unforeseen issues during the manufacturing or actual delivery process.
7.9 Your delivery will be completed when we deliver the Pieces to the address you gave us. Upon delivery of your order, you or your designated representative are obliged to sign our Delivery Note. You are required to take note of the state of the Pieces at the time of delivery and where necessary indicate and damage or defect at the time of delivery. We will not entertain nor be liable for any claims of defects or damage if they were not specifically noted in the Delivery Note unless the defects or damage were reasonably non-obvious at the time of delivery.
9.1 We hope you will be pleased with everything you have bought from us but if you are unhappy with your Pieces, we will work with you to resolve the situation.
9.2 You can cancel your order within 5 days of email confirmation of the order without giving any reason and at no cost to you and you will be refunded in full. This is however only applicable to orders of our Standard Pieces. For any cancellations after this date, you will not be eligible for any refunds whatsoever. For any Custom Pieces, any cancellation after the email confirmation of the order will attract a 20% penalty and any refunds will be paid minus the penalty.
9.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement via email, of a phone call followed by an email to your contact person at Unity Makers or to our general contact: firstname.lastname@example.org.
9.4 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
9.5 If you are returning the Pieces to us because they are mis-described, we will refund the full price of the Piece that you paid. The piece must be returned to us within five days of delivery and free of any faults or damage unless the fault or damage was captured in the Delivery Note at the time of delivery. The piece must be returned to our workshop at your own cost.
9.6 If you are returning the Pieces to us because they are faulty or damaged under our One-Year Warranty we can (a) refund the full price of the Piece that you paid (b) repair and deliver back to you. Please note that option (a) for a full refund is only applicable if the item is returned within 5 days of delivery, otherwise only option (b) remains available during the life of our One-Year Warranty. The piece must be returned to our workshop at your own cost.
All our Pieces are covered by the following One-year limited guarantee (the “Guarantee”).
10.1 Persons covered: The Guarantee extends to the first purchaser of any Piece by Unity Makers as indicated on the official receipt. The Guarantee is not transferable to any other subsequent purchaser or transferee. Please retain a copy of your receipt as proof of purchase.
10.2 Pieces covered: The Guarantee extends to all Pieces purchased directly from us through our site, provided that the items are purchased, delivered and used within Kenya.
10.3 Scope of Guarantee:
(a) This Guarantee covers the following defects (“Defects”) in material and workmanship:
10.3.a1 Any manufacturing results in warping, splitting, cracking and breakage despite normal usage and proper handling;
(b) This Guarantee does not cover the following:
10.3.b.1 conditions arising as a result of fair wear and tear, negligence, willful damage or misuse by you;
(c) In addition, the Guarantee is automatically invalidated in the following circumstances:
10.3.c.1 if the Piece has been used in a manner incompatible with its intended design, or in breach of our written or oral instructions regarding its storage, assembly or use (including the instructions contained in our FAQs),
10.3.c.2 if the Piece has been repaired or altered by someone other than Unity Makers or its authorised agents or without our prior written consent;
10.3.c.3 if the Piece has been severely damaged, including as a result of tears, burns, cuts, stains or liquid damage by you;
10.3.c.4 if you fail to comply with any of the procedures set forth below in clause 10.4 (Guarantee Claim Process).
10.4 Guarantee Claim Process: To make a claim under the Guarantee, you must follow the following procedure:
(a) Notify us in writing of the Defect within 30 days of the date you discover or ought reasonably to have discovered the defect;
(b) Provide us with a copy of the receipt as proof of the original date of purchase;
(c) Return the Piece to us. Following our acceptance of your claim and confirmation of the return logistics. We will revert to you on these points within 30 days of receiving your notification and proof of purchase. Payment shall be made as described in 9.4 above.
11.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Pieces from us.
11.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Pieces which will be subject to such Promotion will be set out in the Appendix of these Terms of Sale.
11.3 If you place an order for Pieces in relation to any Promotion, the Promotion-specific terms and conditions set out in Section Appendix and the general terms will apply. To the extent of any inconsistency, the Promotion-specific terms set out in the Appendix shall prevail.
12.1 From time to time, we may run prize draws, competitions or other prize promotions ("Competitions") on our site.
12.2 The length of time the Competition runs for, the conditions for entry to the Competition and the prizes for winning or taking part in the Competition will be subject to our discretion and will be available for time to time on Appendix section with the Competitions.
12.3 We will make the rules of any Competition we run available to you before you participate in the Competition.
13.1 From time to time, we may offer gift vouchers which can only be purchased online through our site.
13.2 Gift vouchers are valid for one year from the date of issue and cannot be extended.
13.3 The value of any gift voucher you use will be deducted from the total cost of your order. If any balance remains to be spent from the gift voucher, it can be used on a future order. There is no minimum spend required and the gift voucher can be redeemed against any purchase including delivery charges.
13.4 Gift vouchers can be purchased in fixed denominations as we shall determine from time to time.
13.5 Only one discount code can be applied to any one order, this includes any promotional codes or offers (but you may also use any gift voucher that you have purchased or been given).
13.6 When you use a gift voucher and/or discount code you warrant to us that you are the duly authorised recipient of the gift voucher or discount code (as applicable) and that you are using it in accordance with these Terms of Sale, lawfully and in good faith. If we believe that a gift voucher and/or discount code is being used in breach of these Terms of Sale, unlawfully or in bad faith, we may reject or cancel the gift voucher or discount code (as applicable).
13.7 If you have any difficulty redeeming your gift voucher or discount code or have any questions then please contact us for further assistance.
13.8 Any order for Pieces made using a gift voucher or discount code will be governed by these Terms of Sale.
14.1 If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately via our contact email address
14.2 When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Fair Use.
14.3 We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
15.1 We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. This includes designs developed as part of creation of Custom Pieces. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site's content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site's content;
(b) Appropriating of the Unity Makers name, logo, trademarks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
15.2 If you wish to make any use of material on our site other than that set out above, please contact: email@example.com
16.1 Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
16.2 We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
16.3 Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
16.4 In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
16.5 We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
16.6 Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
17.1 Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way endorse, or make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
17.2 You may link to our home page (www.unitymakers.com), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
18.1 If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
18.3 If you know or suspect that anyone other than you knows your login details, you must promptly notify us at firstname.lastname@example.org
19.1 We are under a legal duty to supply Pieces that are in conformity with our contract with you.
19.2 If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
19.3 The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Piece to which the loss or damage you suffer relates.
19.4 This does not affect your statutory rights as may be provided by your legal counsellor.
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
21.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at email@example.com with a clear title “COMPLAINT” and attempt to resolve the dispute with us informally.
22.2 In the unlikely event that we are not able to resolve the dispute informally, we can apply the provisions of the Arbitration Act, Cap 49 - Kenya Law. You will also always have the option of resolving the dispute using court action.
23.1 Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
24.1 We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Pieces by you will be governed by the terms and conditions available on our site at the time you place the order.
25.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
26.1 We may transfer our rights and obligations under our contract with you to another organization, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract. We will use reasonable endeavours to tell you in writing in this happens.
27.1 These Terms of Sale are governed by ordinary laws of Kenya law. This means that a contract for the purchase of Pieces made through our site and any dispute or claim arising out of or in connection with it will be governed by Kenyan law.
28.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
29.1 If you have any queries about these Terms of Sale, please send us an email firstname.lastname@example.org or contact us on the phone: (+254) 703 745630
(Mon – Fri: 9 am – 5 pm). We’ll be here to help.
NEED TO ADD PARAGRAPH ON VAT REFUNDS...