SALE TERMS AND CONDITIONS
These Terms will govern your use of the Website and Mobile App. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website or Mobile App. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website or Mobile App.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check the Website or Mobile App for the latest Terms to ensure you understand the terms which will apply at that time.
1. Information About Us
- 1.1 We operate the online Website available at our website www.crystaledgeadvantage.com (as amended by us from time to time) (the “Website“) and Crystal Edge Mobile App ( the “App“). We are Crystal Edge Advantage, a company registered in Kenya, whose address is Blue Sky Centre, Katani Rd, Off Mombasa Rd, Syokimau.
- 1.2 If you wish to contact our customer service team, please refer to the methods and details on the Contact Us page of the Website.
2. Our Products
- 2.1 Some of our Products can come with various manufacturers’ labels where they have been purchased from, others may not due to legal requirements for branded store labels to be removed from the Product in order for them to be sold on our Website/App. We try to ensure that this is done as neatly and precise as possible. However, some of the Products are imported on garment hangers and do not have protective packaging, so these will be dispatched as a lose packaged item. We offer our customers the right to exchange their purchases from our website/App and this is set out in more below.
- 2.2 WARNING: Choking hazard- Some of our products contain small parts and detachable pieces which are not suitable for children under 3 years. Some Products may also be dispatched in plastic packaging and should not be left with children unsupervised.
- 2.3 Whilst we try to make sure that the display and description of the Products on the Website/App is materially accurate, please note that we cannot guarantee that your computer’s/Mobile Device display of the colours accurately reflects the actual colour of the Products. The images of the Products on the Website/App are for illustrative purposes only and any Products you order may vary slightly from those images.
- 2.4 We follow guidelines from our suppliers about our shoe sizes. These sizes may or may not match the mainstream stores’ shoe sizes, however, please take note of our particular sizes. Our general shoe sizes range from a size 2 a up to size 8. These sizes are advised to be the UK/EU equivalent to a size 35 (size 2) – 41(size 8). Kindly read through our customer reviews and also product description to get a better understanding of the shoes’ fit. You are welcome to email us at firstname.lastname@example.org and request for a size guide to be sent to you.
3. How We Use Your Personal Information
4. Use of The Website and the Mobile App
- 4.1 You may only purchase the Products through the Website and App if you are at least 16 years of age. We may also specify additional requirements for all or any Products through the Website/App from time to time. By viewing, placing an order for Products or otherwise using the Website/App in any way, you are confirming that you agree to these Terms, that you are at least 16 years of age and that you comply with all such additional requirements specified by us as are applicable.
- 4.2 When making any order or request to us you undertake that all details you provide to us are true and accurate, that you are an authorised user of the Mobile Money/M-Pesa line, credit or debit card used to make your order or request and that there are sufficient funds to cover the cost of the Products requested. It is your responsibility to inform us of any changes to these details as soon as possible.
- 4.3 It is your responsibility to ensure that you comply with the laws governing the purchase, import, transport and use of the Products in your jurisdiction, especially if your jurisdiction is outside Kenya.
5. The Contract Between Us
- 5.1 Our shopping pages will guide you through the steps you need to take to place an order via the Website/App. Please note that where orders for several Products are made by you at the same time, we will process this via the Website/App as one composite order, but we reserve the right to divide the composite order into individual orders for acceptance and/or shipping/delivery, at our discretion.
- 5.2 Our order process allows you to check and amend any errors before submitting your order(s). Please take the time to read and check your order(s) at each stage of the order process.
- 5.3 After you place an order, you will receive a confirmation e-mail or SMS from us acknowledging that we have received that order (“Order Acknowledgement“) and that it is pending. Please note that this does not mean that your order has been accepted. Our acceptance of each order, will take place once payment has successfully been received for that order and the availability of Products in that order have been confirmed.
- 5.4 Once payment has successfully been taken from the payment method you provided in respect of the Products included in that order, we will send you an e-mail or SMS to inform you that the order has been accepted, payment has been successfully taken and that and your Products are being packaged and dispatched (the “Order Confirmation“). We may accept/reject any order Product prior to taking payment for and sending the Order Confirmation for that Product. Products that form part of a composite order may be accepted and dispatched to you at different times. You may receive separate Order Confirmations for each package. Such Order Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Order Confirmation.
- 5.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website/App as referred to in clause 9.2, we will inform you of this as soon as possible by e-mail or SMS or Phone Call. If you have already paid for and we have sent you an Order Confirmation for that Product, we will refund you the full amount including any delivery costs paid for that Product.
6. Our Right to Vary these Terms
- 6.1 We amend these Terms from time to time. Please check back to the Website regularly and before you place an order to see if these Terms have been updated.
- 6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7. Your Consumer Rights
- 7.1 Our Website/App is only intended for sales to consumers. As a consumer, you have a legal right to return your order at any time during a 10 day period from the date the Product(s) are delivered to you (the “Delivery Date“). This means that if you change your mind or the product was defective you can return your Product to us within 10 days’ of the Delivery Date and receive a replacement, credit note or refund where a replacement or credit note may not apply.
- 7.2 The cancellation right at clause 7.1 above does not apply if the product has been worn, washed, without the original tag/packaging, where the Product is perishable or is mixed inseparably with other items after its delivery. These Products cannot be returned or exchanged and the they include: underwear, swimwear or bra and knickers sets, pierced earrings or jewellery sets containing earrings or real body jewellery (unless the items have a manufacture fault or have been wrongly dispatched, in which case please contact us as mentioned below). Please read the Product description carefully before placing an order.
- 7.3 To cancel an order of a particular Product, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting our Customer Service team by following one of the methods referred to on the Contact Us page of the Website/App. Further details on return will be provided to you. We will e-mail or text or call you to confirm we have received your cancellation request.
- 7.4 Please include full details of your order in your cancellation notice to help us to identify it and process your request. You can do this via email or text to the address you will be provided. If you send us your cancellation notice by e-mail or text, then your cancellation is effective from the date you send us the e-mail or text to us.
- 7.5 If you would like to exchange Products you have received:
- 7.5.1 All exchange requests must be clearly stated on a cover note included within the package of Products which is returned to us;
- 7.5.2 The details must include the model number, size and colour of the item requested;
- 7.5.3 You are welcome to provide us with more than one option for exchange as all exchange requests will be processed at our discretion and subject to availability;
- 7.5.4 We cannot guarantee that any exchange requests will be accepted, in particular where these are not stated on a note within the parcel or sent after the package is returned to us;
- 7.5.5 You must return the Products you wish to exchange without undue delay and in accordance with our returns procedure set out at clause 7.7 below;
- 7.5.6 All returns sent back without sufficiently clear exchange requests or where we cannot accept the request for any reason will automatically be considered as a request for a cancellation. We are not obliged to contact any customer to obtain or clarify refund/exchange instructions; and
- 7.5.7 If a defective/faulty request is accepted we will send the exchange item(s) to you free of charge.
- 7.6 Returning your Product:
- 7.6.1 You must return the Product you wish to return for exchange or refund to us at the returns address specified on our Website/App without undue delay and in any event not later than 10 days after delivery date. Please see our Contact Us page for our returns address. If we have offered to collect the Product from you please refer to the further details provided. We will email you or text you or call you on receipt of the returned Product and process any return requests accordingly.
- 7.6.2 Unless the Product is faulty/defective or not as described (in this case, see clause 7.8), you will be responsible for the full cost of returning the Product to us.
- 7.6.3 The original delivery note or full valid details of your order should be included in the returned parcel together with all labels/tags intact in order for the return to be processed correctly. Returned parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package.
- 7.6.4 You may use the original packaging if you still have it but if not, please pack your Products securely in suitable packaging material. Parcels may be rejected by us if they are received damaged due to unsecure packaging.
- 7.7.5 You can either send your Products back yourself or by handing it to our authorised carrier. We estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection in the case of exchanges. Replacements of defective/faulty products will not be affected.
- 7.7.6 We will not be responsible for any loss or damage to Products during transit and we recommend that you use a recorded or secure delivery method which requires a signature on delivery.
- 7.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms and Conditions. As a consumer, you have legal rights in relation to Products that are faulty/defective. These legal rights are not affected by your right of return and replacement or anything else in these Terms.
- 7.9 If you have returned the Product(s) to us and we are satisfied this is because they were originally faulty (other than as a result of improper use, handling or maintenance by you), we will replace the Product, issue a credit note or refund (where a replacement or credit note issue is not possible) the price of the faulty Products, together with any applicable delivery costs you incurred.
- 8.1 Your Order Confirmation will confirm an estimated Delivery Date for the Products in your order. You may receive separate Order Confirmations for Products in your order dispatched separately.
- 8.2 Delivery costs will be calculated by us and will be specified as part of the order process before you place the order on the Website/App, and will be charged in addition to the price of the Products. The estimated Delivery Date(s) will depend on the delivery service chosen.
- 8.3 Delivery shall be via Fargo Courier (a trackable service)
- 8.4 Delivery of an order shall be completed when we deliver the Products to the address you provided to us . It is your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery. If a parcel is undelivered to a KENYAN address after 14-21 days from the dispatch date we will consider issuing a refund after an investigation has taken place. Under no circumstances can we declare a parcel as lost until a full investigation with the warehouse/courier company/returns department has taken place.
- 8.5 Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any Products for reasons within our control, then we will notify you as soon as possible, and will provide you with further reasonable delivery options (at no additional cost to you).
- 8.6 If you do choose to cancel your order for late delivery under clause 8.5 you can do so for just some of the Products or all of them. After you cancel your order we will refund any sums you have paid to us for the cancelled Products but you will pay for applicable delivery charges.
9. Price of Products and Delivery Charges
- 9.1 The prices of the Products and delivery charges are as quoted on the Website/App at the time your order is accepted and an Order Confirmation is issued.
- 9.2 It is always possible that, despite our reasonable efforts, some of the Products on the Website/App may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you in writing or by phone to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing or by phone. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
- 9.3 Prices for each Products may change from time to time, but changes will not affect any order you have already placed.
- 9.4 The price of a Product includes any applicable VAT. VAT at the applicable rate will be payable by you in respect of all packing & delivery charges.
10. How to Pay
- 10.1 You can pay for Products online/app via Mobile Money to the M-PESA Till Number provided. Other payment methods may be approved and added in the future. You may however pay in cash at our physical outlets.
- 10.2 Payment for the Products and all applicable delivery charges are due in Kenyan Shillings in advance, unless otherwise stated. Any currency conversions shall be carried out by your Mobile Money service provider at your cost.
This clause 11 does not affect your statutory rights as a consumer.
- 11.1 If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Website/App.
- 11.2 Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law.
- 11.3 The Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any indirect or consequential loss or damage or loss of profit, loss of business, business interruption, or loss of business opportunity.
- 11.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, political unrest, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 11.5 Our total liability to you in respect of any losses arising as result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
- 11.6 This clause 11 shall survive termination of the agreement between you and us.
12. Dispute Resolution
- 12.1 If a dispute concerning these Terms arises between you and us that we are unable to resolve, you may seek to settle the dispute outside of court by submitting a complaint to the Dispute Resolution Center Kenya.
- 12.2 Clause 12.1 operates in addition to any rights or legal remedies you may have under applicable law.
13. Promotional Voucher Usage
Promotional voucher codes may only be redeemed once per registered account in the duration of any given promotion published on our website/App or received by email/text/social media/leaflet.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the promo code as well as inability to participate in ongoing or future promotions.
14. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the Website and App, including both the design, trademarks, logos and copyright of the Website and such rights as are featured in/on the content showcased on or available for purchase through the Website/App. Each of our suppliers is the owner or licensee of all relevant intellectual property rights in relation to the Products showcased on the Website. You agree not to copy (in whole or in part and in any medium), nor adapt, modify or commercially exploit any of such intellectual property rights, whether they exist in or relate to the Website/App, any of the Products or any other rights belonging to us or any of our suppliers or their licensors.
You agree to keep us fully indemnified against any claims, liability, loss or damage arising from your breach of these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18. Governing Law
These Terms are governed by Kenyan law. You and we both agree that the courts of Kenya will have exclusive jurisdiction.
Last updated: 07 October 2017