TERMS & CONDITIONS
1. TERMS & CONDITIONS FOR 'THE WEBSITE' giraffemanorshop.com
1.1 These terms and conditions (the “Terms”) are the terms on which the website https://giraffemanorshop.com (the “Website”) is made available to you (“you”/ “Your”). Please read these Terms carefully before using Our Website and print a copy off or save a copy for future reference.
1.2 By using or accessing Our Website or purchasing a product which is available for sale on Our Website (a "Product"), You are agreeing to be legally bound by these Terms as they will apply to, Your use of or access to, Our Website.
1.3 If You do not wish to be bound by these Terms then please refrain from using Our Website. We may also alter these Terms from time to time so please make sure You have seen the most updated version.
1.4 If your purchase is subject to additional terms and conditions which are set out on the relevant order page, you will be notified when You follow the ordering procedures.
1.5 There is nothing in these Terms or any statement on Our Website that affects You statutory legal rights under any applicable law insofar as such rights cannot be lawfully limited or excluded.
2. INFORMATION ABOUT US
We (otherwise referred to as “We”/“Us”/”Our”) are The Safari Collection Ltd a company registered in Kenya under registration number C168228 and our registered address in Nairobi is:
The Safari Collection Ltd
PO Box 15565
If you have any questions, complaints or comments on this website or the order process then you may contact us on firstname.lastname@example.org
3. BUYING PRODUCTS ON OUR WEBSITE
3.1 To order a Product You will need to follow the ordering procedures set out on the relevant order page.
3.2 Details of the prices for the Products, and the procedures for payment and delivery are displayed on or through Our Website. The price of any Product is the price in force at the date and time of Your order. The price of any Product includes sales tax but excludes any delivery charge and import tax (which will depend on where You are located. Details of where we deliver to are contained in Our Delivery & Returns Policy).
3.3 We may make small changes to the appearance or specification of the Products supplied which do not materially affect their quality or function. Any accidental errors or omissions in any sales information, quotation, price, acceptance of offer, invoice or other document or information made available by Us or on Our Website may be subject to correction without any liability on Our part. All statements given by Us as to the authenticity, description, age, or condition of Products constitute Our opinion or opinions that the producer has supplied only (except that this shall not operate so as to exclude any liability that We cannot exclude under applicable law). All our products are authentically handcrafted, so imperfections in colour, sizing, shape and finish will occur. When You buy a product from Our Website, You are agreeing to accept reasonable imperfections as part of the handcrafted nature of product You are buying.
3.4 When you provide us with your details you are undertaking that all details You provide to Us for the purpose of purchasing Products are correct, that the credit or debit card, or any electronic cash, that You use is Your own and that there are sufficient funds to cover the cost of any Products. We will charge credit or debit cards or Paypal account(s) prior to dispatch of the ordered Product(s) and may only dispatch the Product(s) once relevant funds have cleared. We reserve the right to verify credit or debit card details and carry out any fraud prevention or credit checks that we feel necessary prior to acceptance or dispatch of Your order. Your order may be refused if We believe that card information or other personal details that You have provided are incorrect or have been supplied fraudulently.
3.5. Any discount codes and offers cannot be redeemed on sale or promotional items.
3.6 There will be times that promotional codes will be made available to You. We will only allow one code may per transaction and we will alert You to additional specific terms which apply to such promotional codes at the relevant times.
3.7 We warrant that on delivery the products shall:
3.7.1 conform in all material respects with their description;
3.7.2 be free from material defects in design, material and workmanship(NOT including minor imperfections resulting from the handcrafted nature of Our products, which do not detract from their utility); and
3.7.3 be fit for any purpose held out by Us on Our Website.
3.8 Subject to 3.9 below, if:
3.8.1 You give Us notice in writing within a reasonable time of discovery that some or all of the Products do not comply with the warranty set out at 3.8;
3.8.2 We are given a reasonable opportunity of examining such Products; and
3.8.3 You will (if asked to do so by Us) return such Products to Our place of business at Your cost. We shall either, at Our option, repair or replace the defective Products or refund the price of the defective Products in full and any shipping costs incurred.
3.9 We shall not be liable for Products' failure to comply with the warranty set out at 3.8 in any of the following events:
3.9.1 You make any further use of such Products after giving notice in accordance with 3.8;
3.9.2 the defect arises because You failed to follow Our written instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good trade practice regarding the same;
3.9.3 You alter or repair such Products without Our written consent;
3.9.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
3.9.5 the Products differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
3.10 Except as provided herein, We shall have no liability to You in respect of the Products' failure to comply with the warranty set out at 3.7.
3.11 These Terms shall apply to any repaired or replacement Products supplied by Us.
4. GIRAFFE MANOR SHOP PRODUCTS
4.1 You must pay for the Products by credit, debit card or by Paypal at the time of the order, at which time You will be notified of the current price (which includes VAT).
4.2 We are entitled to refuse any order placed by You. Your order is accepted only when We confirm acceptance to You by online electronic means ('Confirmation') to the email address You have given Us on ordering. We will endeavour to deliver Your order by the date set out in the Confirmation. We may amend any errors in pricing referred to on the Website and We will contact You in writing if this happens.
4.3 To cancel Your order after it has been dispatched to You, You will need to follow the Returns Policy & Procedure.
4.4 Currently next day delivery is not available for any of our orders.
4.5 Limited stock availability. All items sold on a first come first served basis. All products are sold as seen with no returns.
5. RESELLING OF PRODUCTS
5.1 Please note that all Products available on Our Website are for personal use only as a consumer. You may not advertise, sell or resell any of the Products in connection with a business.
5.2 We reserve the right to cancel or reduce the quantity of any orders where We believe You are breaching any of the above Terms.
6. MODIFICATIONS TO WEBSITE / PRODUCT LINES
6.1 We reserve the right to alter or suspend any aspect of Our Website or the content or discontinue Product lines available through it, including Your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products shall be subject to these Terms.
6.2 Whilst We will endeavour to ensure all Products are in stock and all advertised Products are made available for purchase subject to availability, We cannot be liable if a particular Product is suddenly made unavailable. If you have ordered a Product that is no longer available, we will endeavour to inform You by email and refund any money.
7. INFORMATION YOU PROVIDE
- You authorise Us to use, store or otherwise process any personal information which relates to and identifies You, including but not limited to Your name and address, to the extent reasonably necessary to provide the services which are available through Our Website by Us. If You obtain or choose to buy Products through Our Website then We may collect information about Your buying behaviour and if You send Us personal correspondence such as e-mails or letters then We may collect this information into a file specific to You. All such information collected by Us shall be referred to in these Terms as “Personal Information”;
- You must ensure that the Personal Information You provide is accurate and complete and that all ordering or registration details (where applicable) contain Your correct name, address and other requested details.
7.2 If You would like to review or modify any part of Your Personal Information then you should email us at email@example.com
You are personally responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to You or selected by You for use on Our Website. You may not share these with or transfer them to any third parties. You must notify Us immediately if you suspect or know of any unauthorised use of them or any other breach of security regarding Our Website.
9. APPLICABILITY OF ONLINE MATERIALS
9.1 Personal Use - Unless otherwise stated, the text on Our website is presented solely for Your private, personal and non-commercial use.
10.1 By using Our Website and its contents gives You no rights in relation to Our intellectual property, these include trade marks, designs, logos, graphics, photographs, animations, videos and text.
10.2 You may not reproduce, republish, download, repost, broadcast, record, commercially exploit, edit, communicate to the public or distribute in any way the content or materials on the Website other than for Your own personal use.
10.3 By submitting information, text, photos, graphics or other content to Us via Our Website and social media channels You grant Us a right to use such materials at Our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from Our Website.
11.1 You may establish links to the Website provided:
- You link only to the home page of the Website;
- You do not remove or obscure advertisements, the copyright notice or other notices on the Website;
- You give Us notice of such link by sending an e-mail message to Us at firstname.lastname@example.org and
- You immediately stop providing links to the Website if notified by Us.
11.2 We make no representations whatsoever about any websites that You may have accessed through Our Website or which may link to Our Website. When You access any other website it is independent from Us and We have no control over the content or availability of that website. A link to any other site does not mean that We endorse or accept any responsibility for the content, or the use of, such a website and We shall not be liable for any loss or damage caused, alleged to be caused by or in connection with the use of, or reliance on any content, goods or services available on, or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
- measure the number of visitors to Our Website;
- see how visitors navigate Our Website and to see which resources they access;
- see what visitors buying behaviours are to allow Us to see the latest buying trends;
- see information about how Our visitors’ access Our Website.
12.2 We use this information to help Us to improve the content of Our Website or to improve the matching of Your interests or preferences.
12.3 Information we collect may include the IP address and/or the domain name of the computer You use. You should be aware that this information might therefore also identify (a) the company You work for (if You access Our Website from Your place of work), or (b) Your Internet Service Provider. It may also identify information about Your computer, for example Your operating system and browser type.
12.4 If you access Our Website by way of a hardware firewall, a proxy server or any other kind of router (such as a dial-up modem connection at Your ISP) then it is the address of the router that will appear in Our logs and not the address of Your computer.
12.5 For more information on cookies please see the ICO website at http://www.ico.org.uk.
13. YOUR USE OF THE WEBSITE
13.1 You agree that in using Our Website You will not:
- use Our Website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
- in any way use Our Website so that interrupts, damages, impairs or renders Our Website less efficient;
- use Our Website for any purpose other than Your personal use;
- email, transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing; threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ email;
- transfer files that contain viruses, trojans or other harmful programmes; or
- access or attempt to access the accounts of other users or to penetrate or attempt to penetrate Our Website security measures.
13.2 We reserve the right to suspend, restrict or terminate Your access to Our Website at any time without notice at Our discretion if We have reasonable grounds to believe You have breached any of the restrictions above.
13.3 You confirm that you will comply with the restrictions on Your use of the Website as set out in these Terms; and in relation to any material submitted to or posted on the Website You have the right to do so and have obtained all necessary licences and or approvals.
14. AVAILABILITY OF OUR WEBSITE
14.1 We will endeavour to make Our Website available at all times but We cannot guarantee that Our Website will operate continuously, without interruptions or be error free and cannot accept any liability for its unavailability.
14.2 Access to Our Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
15.1 To the maximum extent legally permitted, Our liability (whether for negligence, breach of contract, misrepresentation (except, if fraudulent) or otherwise) shall be limited in aggregate to the net payment to Us from You for the Product concerned, and in respect of any single occurrence or series of occurrences We shall not under any circumstances be liable for:
15.1 Incidental, indirect, consequential damages, or loss of income, revenue, business, contracts, data, goodwill or savings.
15.2 Nothing in these Terms shall exclude or limit Our liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from Our negligence or the negligence by Our employees or authorised representatives, or any other liability that cannot be legally excluded.
15.3 All content and services on Our Website are provided on an 'as is' and 'as available' basis. We do not make any representation or give any warranty (whether express or implied) in respect of Our Website or its content, including, without limitation, any advice given (on a personal or general basis) and statements made by advertisers on or via the Website. Nothing in these Terms shall restrict Your statutory rights (including Your rights to receive a reasonable standard of service).
15.4 We do not accept liability for damage to Your computer system or loss of data that results from Your use of the Website. We do not guarantee or warrant that any material available for downloading from Our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy Your particular requirements for the accuracy of data input and output. You are responsible for ensuring that Your computer system meets all relevant technical specifications necessary to use Our Website and is compatible with Our Website.
16.1 Alterations - To the fullest extent permitted under applicable law, We may alter these Terms from time to time and post the new version on Our Website, following which all use of Our Website will be governed by that version. You will be deemed to have accepted any such changes by Your use of Our Website from such time. We ask you to check the terms and conditions on Our Website regularly.
16.2 Illegality - If any provision of these Terms is found by a court or regulator to be illegal, unlawful, invalid or unenforceable the other provisions shall continue to apply.
16.3 Jurisdiction - In the event of any dispute between You and Us concerning these Terms, Kenyan law will apply. If You wish to take court proceedings against Us You must do so in the Kenyan courts.
16.4 Causes beyond Control - Neither you nor The Safari Collection Ltd will be held liable for any failure to perform any obligation to the other due to causes beyond Your or Our respective reasonable control.
16.5 No Waiver - If you breach these Terms and We take no action against You, We will still be entitled to enforce Our rights and remedies in any other situation where You breach these Terms.
All notices shall be given:
• to Us via email at email@example.com or
• to You at either the email or postal address You provide during any ordering process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 5 days after the date of posting.
These Terms replace all other terms and conditions previously applicable to the use of Our Website and You acknowledge that these Terms supersede and cancel all previous contracts, agreements and arrangements whether oral or written, express or implied, with You. These Terms prevail over any other terms or conditions of sale or purchase contained in or referred to elsewhere or implied by trade, custom or course of dealing.