Terms

Terms of sale

This page tells you the terms and conditions on which we supply any of the products listed on our website https://kayanutsafrica.com to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

At checkout, please click on the check box marked “I accept the https://kayanutsafrica.com terms and conditions” if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://kayanutsafrica.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Kaya Nuts Africa reserves the right to end the Program at any time. Upon program termination, Kaya Nuts Africa will pay any outstanding earnings accrued above $20.

Links

We provide links to the websites of other companies. We are not responsible for the products or the service provided by third party companies (this disclaimer does not affect your statutory rights against that third party).

Consumer rights

  1. If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy
  2. To cancel a contract, you must inform us in writing or by sending an email to info@kayanutsafrica.com You must return the Product(s) to us as soon as possible at the Customer Service Address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).
  3. Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Kaya Nuts Africa will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Price and payment

  1. Prices include VAT but exclude delivery costs, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.
  2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
  3. If we have made a pricing error by displaying a lower price than the correct price, we will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakeable, we are under no obligation to provide the product to you at the incorrect (lower) price.
  4. If we have incorrectly displayed a higher price, we will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.
  5. We will charge your credit or debit card at the time of checkout.
  6. All payments shall be made in Kenyan Shillings or United State Dollars.

Our refunds policy

  1. When you return a Product to us:
    1. because you have cancelled the contract between us within the 14-days, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us;
    2. because the Product is defective, we will examine the returned Product and replace it or provide a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  2. We will usually refund any money to the card used to pay for your purchase.
  3. When a product is past it’s sell by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out of date product we will refund the price of the product in full.
  4. Claims for refunds must be made within 25 days.