Please note that by using the services provided in this site you signify your acceptance to be legally bound by the terms and conditions set out below. It is therefore important that you carefully read these terms and conditions. You may also seek independent legal advice on the same.
Introduction
Keffys is an online platform where customers from all over the world can buy from local vendors in Kenya for local deliveries. We are available as a mobile App ( Android and iOS) and a web platform. Our platform supports multiple currency transactions and we offer last mile delivery of goods in localized zones.
Identity and Contractual Capacity
By using this service, you represent that you have disclosed your true identity or that of your organization.
If you are using this service on behalf of an organization, you represent that the said organization is duly and legally recognized under the relevant laws and that you have been duly authorized to transact on behalf of the said organization.
By using this service, you represent that you or your organization has the legal capacity and/or authority to enter into contracts, transactions and legally binding undertakings.
We shall not be liable in the event that you or your organization lacks the requisite legal capacity and/or authority to do transactions on the Keffys Limited platforms..
Your use of our services or our Website and Apps constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
Registration
A user account is required to purchase online.
To create an account, click the link to “Sign Up”, and submit the required information.
When you register to use the site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should reset your password immediately or contact us through the appropriate channels as prescribed on the Website and Apps .
We will not be liable for any losses, expenses or damages you suffer, or third party claims made against you, which arise from your having disclosed your username and/or password to a third party.
If KEFFYS LIMITED has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
KEFFYS LIMITED reserves the right to decline to issue you with a User Account, or to limit your access to certain or all of the services available to Users via the Site, for any reason in its sole discretion deems fit, including but not limited to breach of these terms and conditions, suspected fraudulent activities, security breach, misuse of the Services and or failure to take delivery of goods.
By registering you shall constitute a warranty that you are the owner of the email address used in the registration process and that all the details supplied are accurate. You agree to indemnify us, and any third party claiming against or through us, from any loss incurred in relation to breach of these warranties.
Please note that your account details are confidential and should not be disclosed to other people.
Products
Our products are subject to availability, and we cannot guarantee that items will be in stock as displayed on this site. Prices for any of our products are subject to change, at the discretion of shop owners/vendors in consideration of changes in the market.
Order Process – Order for delivery
You will have an opportunity to check and correct any input errors in your order until you click the checkout button.
On placing an order, the total purchase price, including VAT and other related charges, not limited to delivery charges, will be displayed in the shopping cart prior to confirming the order.
The order will be confirmed on receipt of payment at which point the purchase contract will be made
When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency or other agencies. In particular, we may pass your details to a Credit Reference Bureau for them to check against certain public and private databases. We may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.
We will tell you if your payment details cannot be authorized for any reason and may invite you to pay by another method.
It is your responsibility to check the current price before placing an order as prices are always up to date on the Website and Apps , written notice may not be provided for price changes.
When collecting/receiving the goods you will be required to provide Identity Documents (“ID”) (e.g. your National Identity Card, Passport, Driving License) as proof that you are the purchaser of the goods or the person for whom the goods were purchased.
Where applicable goods shall be delivered to the address provided on ordering the goods. Please ensure that the address on your order is correct.
You will be required to sign proof of delivery with your ID upon receipt of the goods as assurance that goods have been received in good condition.
Your account shall be suspended in cases of misuse, fraud, failure to pay for orders.
Prices and Payment
All prices and charges on this site are in Kenya Shillings (KSH) and multiple other currencies depending on your preference and location. They include any VAT payable.
The total cost of your order will be the price of the products you order, any additional services you choose, plus any applicable delivery charges will all be set out clearly in your Shopping Basket/cart before you submit your order.
Prices, offers and products are subject to availability and may change before (but not after) we accept your order. If something becomes unavailable, we may offer you an alternative.
We try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.
For all Consumer Purchases, we accept payment on our Website and Apps by MPESA, Credit Cards and Debit Cards, specifically VISA and MasterCard.
For all Trade Purchases, payments are in line with approved terms and payment methods, specific to each account.
Meeting Our Delivery Driver/Person
In order to enable our delivery driver’s effect timely deliveries, they are mandated to;
Wait a maximum of 30 minutes for each customer to receive their orders from them.
After contacting a customer (either by phone call or SMS) and the customer is either unresponsive or fails to show up after 30 minutes, the driver will leave and another delivery attempt may be made which may be subject to an extra charge.
Missing, Damaged or Incorrect Orders
We try very hard to ensure that you receive your order in pristine condition. If you do not receive all your products, please inform us immediately by phone call at the time of delivery. If you have any dispute after delivery, please contact us through the designated channels as indicated on the Website and Apps .
Return Policy
We appreciate your purchase however should you have any issue with the product, returned products shall be subject to the return policy as follows;
Please note that NOT all goods are returnable.
Items that can be returnable, must be returned in the original packaging together with a receipt of the purchase.
Goods can only be returned within 7 days of date of purchase, and subject to the goods not having been used.
Any goods determined as having been utilized will therefore not qualify for assessment under the Returns Policy.
Items that are sold under any discount or clearance process (i.e. under Sale) are considered as FINAL SALES and cannot be returned.
In the event of a return you wish to do on the basis of a possible defect, kindly raise the issue via the Website and Apps or get in touch with us through the contact details provided in the Website and Apps prior to return.
A Keffys Ltd representative will get in touch and guide on the return.
Refunds
After receiving your return (within 2 days of delivery or pickup) and inspecting the condition of your item, we will process your refund subject to the nature of purchase, and the condition of the return.
Please allow at least five (5) working days (excluding Sundays and Public Holidays) from the receipt of your item(s) to process your refund.
We will notify you by email when your refund has been processed.
Mode of Communication
By using this service, you agree that any communication either from you or us shall be electronic, and in particular through the internet. You also agree that any agreements, contracts and/or other correspondence pertaining to the said agreements or contracts shall be electronic/internet-based. Any legal requirement as to form, for example, the requirement that the agreements or contracts be in writing, shall be deemed to be satisfied by the conclusion of the said agreements or contracts electronically through the internet, unless specified otherwise by the relevant law.
License and Access
Provided that you abide by the provisions of these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal use of the services in our Website and Apps . However, this license does not include any resale or commercial use of any of our services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any of our services or contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All content on this platform is the property of KEFFYS LIMITED and 3rd party content providers.
Site Usage
As you use our Website and Apps , you should ensure that the information disclosed to us is correct and complete and any change thereto be communicated to us. You also agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you supply. Thirdly, you may post reviews, comments; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Intellectual Property
Trade Marks
This Website and Apps contains logos, names, brands, words, phrases, symbols, designs, images, graphics, page headers, button icons, scripts, service names, etc. or a combination of either, that are distinctive and are used in respect of this service and belong to either us or other third parties who use this portal (collectively known as “Trade Marks”) and are protected by the applicable Kenyan statutory laws as well as international laws. The Trade Marks may not be used in respect of products or services that do not belong to us, or that are not authorized by us or third parties, or in a manner would lower the image of the respective Trade Mark owner’s products or services.
Copyrights
Contents including software, text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, or any other product or service made available in this Website and Apps , are either our copyrights or those of our affiliates, or third parties transacting on KEFFYS LIMITED and are duly protected by applicable Kenyan statutory laws as well as applicable international laws.
You may not extract and/or re-utilize parts of the content of this Website and Apps or products or services hosted in this Website and Apps without our express written consent or the respective third parties’. Unless express authority is given, you may not incorporate any portion of any software found on this site into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license software or otherwise assign any rights to the software in whole or in part. You may not circumvent, manufacture or distribute devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect the copyrights (I.e. unauthorized usage of information from the Keffys Limited platforms. is forbidden). You may not remove or alter any electronic rights management information; or distribute, broadcast or make available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without our express authority or that of respective third parties. You may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of this Website and Apps , without our express written consent. You may not create and/or publish your own database that features substantial parts of our services (e.g. our prices and product listings) without our express written consent.
Copyright Infringements
We uphold and respect the intellectual property rights of others. If you have reason to believe that any material available on or through the site infringes upon any copyright you own or control, please immediately notify us using the following contact information:
Disclaimer
Save for any liability imposed by applicable Kenyan statutory laws, neither KEFFYS LIMITED nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website and Apps or the services or content provided on and through this Website and Apps . Furthermore, in as much as we will take all measures to serve our customers well, KEFFYS LIMITED makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website and Apps is free from errors or omissions, or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@keffys.com
Information, ideas and opinions expressed on this Website and Apps should not be regarded as professional advice or the official opinion of KEFFYS LIMITED and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website and Apps .
The information contained in this Website and Apps is for marketing purposes only. The information is provided by KEFFYS LIMITED and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website and Apps or the information, products, services, or related graphics contained on the Website and Apps for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website and Apps .
Through this Website and Apps you may be able to link to other Website and Apps s which may not be under the control of KEFFYS LIMITED . We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.
Every effort is made to keep the Website and Apps up and running smoothly. However, KEFFYS LIMITED takes no responsibility for, and will not be liable for, the Website and Apps being temporarily unavailable due to technical issues beyond our control.
Limitations of Liability and Force Majeure
In as much as we shall endeavor to ensure that our services are available and accurate, we cannot guarantee the availability or accuracy of the same because of factors beyond our control pertaining to internet, and, given the routine or occasional need to maintain, repair, or improve this Website and Apps , the services may be temporarily interrupted or unavailable. We shall not be liable in respect of any delay in performing or failure to perform any of our obligations hereunder if such delay or failure results from:
1. Acts or intervention of Government or Government agencies.
2. Fire, flood or explosion.
3. Acts of God.
4. Declared or undeclared war, riots, or civil commotion.
5. Strikes or other industrial disputes.
6. Any act of neglect or default of the other party. Or
7. Any cause outside our reasonable control.
No Waiver
If you breach any of these terms and conditions, no failure or delay by us in exercising any claim, remedy, right, power or privilege shall operate as a waiver, nor shall any single or partial exercise of any claim, remedy, right, power or privilege preclude any further exercise thereof or the exercise of any other claim, right or power.
Severability
Any provision of these Terms and Conditions which is or may become illegal, invalid or unenforceable, shall be severed from the balance of the Terms and Conditions without invalidating the remaining provisions or affecting the validity or enforceability of such remaining provisions.
Amendments or Variations
We reserve the right to amend or vary any provision of these Terms and Conditions at any time. Any such amendment or variation shall be binding on you as at the time they are posted on this site.
Governing Law and Jurisdiction of Courts
The interpretation, construction and performance of these Terms and Conditions shall be governed exclusively by Kenyan law and you expressly submit to the exclusive jurisdiction of the Kenyan Courts.