Terms & Conditions


Terms and Conditions 

1. Introduction

Binti Kenya owns and operates binti.co.ke E-commerce platform that allows buyers to purchase and directly connect to the best available products, market trends, and prices through the internet.

The terms and conditions set out below will govern the relationship between Binti Kenya, suppliers and buyers on the online platform binti.co.ke.

2. Site Usage

a. Once you log into the Binti Kenya website, you will be subject to the terms and conditions set out herein. By using the Binti Kenya website, binti.co.ke, you confirm that you understand and agree to be bound by all the terms and conditions, and policies regulating the use of this website/online platform.

b. If you choose to use the website/online platform pursuant to these terms and conditions, you will be provided with a user identification code, password and any other information necessary as part of our security procedures and you must treat such information as confidential, and you must not disclose this information to any third party. Binti Kenya shall not accept any liability for any loss or damage arising from any disclosure of information that you make to third parties.

c. In order to use this website, Binti Kenya will need to collect some of your personal information including your name, email address, physical address (where delivery of products to a physical location is necessary), phone numbers and credit card information through a secure payment provider partner. However, it is our policy not to disclose or avail any of the information we collect from you to third parties unless you so authorize or unless we are compelled by law to do so.

d. If we upload any material or information on our website, promotional or otherwise, you shall not consider or construe this information or material as advice or rely on it for the purchase of any product. You are expected to use your own personal discretion in making sale or purchase decisions while on the website.

e. We own and retain all intellectual property rights for all materials on our website including the logo, trade name and any other description. These are protected by copyright laws of the Republic of Kenya and any infringement or unlawful use may meet with serious consequences. 

f. If we allow you to share a link to our website for purposes of marketing or promoting your products, you will be required to ensure that such a link and the use thereof is done in a legal and appropriate way that does not damage our name, good will, business reputation or cause any damage to any third party. However, we shall not be liable for any loss or damage that may occur when other persons use the link that you have shared or been allowed by Binti Kenya to use. 

g. You must not misuse our website by introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website. No pornographic or immoral materials or information is allowed on our website and we reserve our right to remove, delete and bring down such materials or information without notice to you.

h. If you have any concerns about material which appears on our online platform, please contact our customer care for further clarifications.

i. The use of our website/online platform is otherwise subject to general terms, conditions and protocols regulating lawful use of websites and sale of goods as published under the laws of Kenya and all international laws and regulations thereof. 


3. User Submission

a. As a seller, by authorizing us to upload data and information on the products you wish to sell on our website, you agree to be bound by these terms and conditions and you confirm that the products are genuinely yours, you have authority to sell them, the products have not been acquired illegally, corruptly or through money laundering; and you confirm that the products are not from proceeds of any crime and that you have capacity to sell them and enter into a binding contract with a buyer and with us.

b. As a buyer, by ordering/purchasing any of the products through our website you agree to be bound by these terms and conditions and you confirm that you have the capacity to enter into a binding legal contract.


4. Order Acceptance

a. For online payments, we must receive total payment of the whole of the price for the products that you order before your order can be processed.  Payment can be made through Mobile Money (Mpesa, Airtel Money etc.), by credit card or payment on delivery. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form.  In the event that we will have established a mobile phone communication platform, we will send you a short message to confirm your order. Our acceptance of your order (after you have paid for the product) brings into existence a legally binding contract between us.

b. 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 products to you.  Nothing said by any sales person 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 products offered for sale by us.

c. Save for fraud or fraudulent misrepresentation that we can be proved to have been party to, we shall have and shall accept no liability for any  representations relating to the products advertised or offered fro sale on our site in the event that such representation are found to be untrue or misleading.


5. Cancellation of the contract

a. You retain the right to cancel the contract under the following terms and conditions:

(i) You may cancel your contract with us for the products you order only if the cancellation is made within one hour of making the order. The notice of cancellation must be made in writing through the email address that you have provided in your order form. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

(ii) If you have received the products before you cancel your contract then you must send the products back to us at your own cost and risk within three (3) days from the date you receive them.  

(iii) If you cancel your contract after we have delivered the products to you, you must send them back to us in the original packaging free of wear and tear at your own cost and risk within three (3) days. If these conditions are not met, then Binti will not accept back the products at all. 

(iv) In the event that the buyer is not available to receive the product at the time of delivery or to collect the product from one of the Binti designated pick-up points, Binti will make an attempt to try and reach the buyer within 24 hours and make a successful delivery.  Failure to reaching the buyer within this timeframe, Binti will consider the order to have been cancelled and will re-enter the products in the inventory for purchase on the Binti website.

(v) In case the buyer had already made payment but was unavailable to receive the product at the time of delivery or to collect the product from one of the Binti designated pick-up points, Binti will store the product for a period not exceeding 30 days after which Binti will sell the product and refund the amount paid less processing, storage and delivery fees.

(vi) If you cancel the contract after the products have been delivered to you, we will only refund your money once you return the products delivered to you in the same condition in which they were when they were delivered to you including any tags and in the original packaging and after you pay the costs of delivery and any other applicable charges if any.


b. We reserve the right to cancel the contract under the following terms and conditions:

(i) If we have insufficient stock of the products you have ordered.

(ii) If our delivery radius does not extend to your physical location/ area.

(iii) One or more of the goods 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.

(iv) If we do cancel your contract we will notify you by e-mail and will re-credit  your account and/or refund any sum deducted by us from your credit card or mobile money within seven (7) days.  


6. Pricing

a. The prices payable for goods that you order are as set out in our website. The prices may however change/fluctuate without notice and it is important to make an order as quickly as possible in order to take advantage of the price before changes are effected.

b. The selling prices indicated on the Binti website do not include delivery charges.  Delivery charges (shipping charges) will be automatically added to the selling price at the final check-out when making payment.   It may not be possible for us to deliver to some locations in which case a contract cannot be entered into.  However, you are at liberty to pick a product from our warehouse if delivery cannot be made to your physical location. Our delivery charges are set out in our shipping policy.


7. Payments

You will be able to purchase the Product(s) by one of the following means: 

a. In case of payment on delivery, the Binti agent delivering the product to you will only hand over the product once s/he has confirmed that full payment has been received by Binti.

b. Electronic Payment: In case of electronic payment by you (e.g. by credit card, debit card, or Wireless online Transfer), we will collect the payment for the relevant online purchase Order in our name, on behalf of the Seller  to be transferred to our bank account designated for that purpose.

c. Mobile money payment online platform – either through MPESA, Airtel Money or such other mobile money transfer services that may be available. The payment will be made to us through the particular number that will be communicated to you. 


d. Regardless of the payment method, you will sign a Delivery Receipt upon receiving the purchased Product(s), stating your personal information, the number of the online purchase Order, a description of the Product(s) purchased, total price, method of payment and the delivery date (“Delivery Receipt”) which we will keep for at least Thirteen (13) months from its issuance and make it available to the Seller upon request.


8. Transportation

We shall deliver the products to the location indicated by you in the Order. Delivery of the products shall be subject to the following terms and conditions:

a) Delivery will be made as soon as possible after your order is accepted.

b) Delivery will only be made within 10 km radius of Nairobi Central Business District.

c) The cost of transportation shall be paid by the buyer.

You will become the owner of the goods you have ordered when the goods are delivered to you and we will not be liable for their loss or destruction once delivery is made.


9. Packaging 

The products shall be packaged and branded in our colors/logos. In case the products are defective, the products must be returned to us in the original packaging in which they were delivered to you.


10. Returns

a. The return request for exchange of one item for another must be made by you within five (5) working days from the delivery date.

b. We will proceed with the return process only if our after sales support team fails to fix the problem.

c. The product will be accepted and returned to the seller for replacement if it’s dead on arrival.

d. If the product is defective but not dead on arrival, the Seller will be requested to repair the product or offer a replacement within 10 business days. 

e. If the above conditions are satisfied, we will collect and send the returned Products to the Seller within 10 working days at the Seller’s cost. Alternatively, the seller may opt to collect the defective product(s) from our warehouse.

f. We will accept returns from you free of charge, upon self-delivery to our warehouse.  Otherwise, pick-up fees will apply.  In addition, returned products will be accepted provided that the following conditions are satisfied:

i. The return request must be made by calling our customer service within five (5) working days from delivery date;

ii. The Products are returned in the original packaging;

iii. The Product shows no sign of usage (wear and tear);

iv. The invoice is attached.


11. Taxes

Each party shall be responsible for the settlement of its respective tax liability.


12. Liability

You will indemnify and hold us harmless from and against any and all claims, demands, proceedings and judgments made against you (and any costs and expenses incurred by you in respect of any breach by you of any term of this Agreement or any breach that results in a claim or suit by a third party against you arising directly or indirectly out of the terms of this Agreement.


13. Warranty

Warranty is limited to any warranties, guarantees or representations from the manufacturer concerning the products. Any product with a manufacturer’s warranty will be accompanied by the warranty form or document.

 

14. Trademarks and Copyrights

a. All Intellectual Property Rights in or arising out of or in connection with the services on our website/online platform shall be owned by us. 

b. All the Intellectual Property Rights used by or subsisting in the product are and shall remain our property, or (as the case may be) the property of the manufacturer or third party owner of such Intellectual Property Rights. 

c. We shall retain the property rights and copyright in all documents supplied to you in connection with the Contract and it shall be a condition of such supply that the contents of such documents shall not be communicated either directly or indirectly to any other person, firm or company without our prior written consent and they shall not be copied or altered or used in any manner that we have not approved.


15. Applicable law and Jurisdiction

These terms and conditions shall be construed in accordance with the Laws of Kenya. Any dispute arising out of the execution, interpretation or termination of these terms and conditions will be settled by the relevant Kenyan Courts.


16. Termination

These terms and conditions shall remain in full force and effect until they are terminated by either Party by serving a prior written notice as stated in these terms and conditions.


17. Limitation of Liability

a. We shall have and bear no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident or any act of God.

b. We shall not be liable to you for loss or damage resulting from delay or failure to fulfill these terms and conditions, either in whole or in part, where any such delay or failure shall be due to causes of Force Majeure.  “Force Majeure” means events not caused by us which are beyond our reasonable control. Events of Force Majeure include war, the threat of imminent war, riots, demonstrations, and strikes or any other industrial or trade disputes, fires, explosions, storms, floods, lightening, earthquakes, epidemic and other natural calamities.

c. Upon the occurrence of a Force Majeure, we shall promptly notify you and shall use our best efforts to mitigate the effect upon fulfillment of these terms and conditions. 


18. Updates to these terms and conditions

These terms and conditions may be changed, updated, amended or modified at any time. We shall endeavor to notify all our users whenever there is need to change, update, amend or modify the terms and conditions. 


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