Terms and Conditions
1.1 The "Buyer" means the person or Company who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means ePepea Shop.
1.3 The Seller's "Website" means www.epepea.com.
1.4 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2.1 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions.
2.2 If any amendments to this terms and conditions are required they must be confirmed in writing.
2.3 Placement of an order by the Buyer in any approved means of ordering from the Seller and/or acceptance of delivery of Goods shall be deemed evidence of the Buyers acceptance of these Conditions.
3. Prices & Payments
3.1 The Price shall be that on the Seller's current price list, which can be found on the Seller's website. This applies to all products, except where a quote has been provided via e-mail or other written communication from the Seller to the Customer.
3.2 All Prices are inclusive of VAT and charges for packing, postage and Carriage
3.3 The total purchase price, including VAT and Delivery charges will be displayed in the Buyer's shopping cart prior to confirming the order, for orders placed online, or will be displayed in an e-mail for orders confirmed via e-mail.
3.4 All Prices are subject to change at any time. Prices are always kept up to date on the Seller's Website. It is the Buyer's responsibility to check the current price before placing an order, regardless of whether the order is being placed online or by other means. As prices are always up to date on the Seller's Website, written notice may not be provided for price changes.
3.5 Payment is always required in advance for all orders, unless different credit terms have been agreed in writing between the Buyer and the Seller. Payment can be made online using credit or debit card or Pesapal.
3.6 If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
3.7 The Seller retains the right to request pre-payment at any time and for any order the Seller deems appropriate to do so, at the Seller's sole discretion.
4. Ways of placing an order
4.1 The primary method of ordering is through the internet, on the Seller's Website.
4.2 No verbal orders will be accepted under any circumstances.
4.3 The Seller reserves the right to reject orders placed through any channel other than the Seller's Website. This decision is at the Seller's discretion.
4.4 The Seller reserves the right to reject an order and refund the full amount paid by the Buyer for reasons including, but not limited to, suspicion of fraudulent order, previous failed or problematic transactions with the Buyer and any other reason deemed sufficient at the Seller's sole discretion.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.
5.2 As the Seller is selling third party goods, they are not responsible for the damaged goods provided to them by the shop they sell for. The responsibility of damaged or out of date goods lies on the shop and on the responsibility of the Buyer once they receive the goods.
The Seller is not responsible if the Buyer has provided wrong information for delivery phone number or address or name.
6.1 If the Buyer wants the products to be delivered to the destination, they need to provide a correct address and phone number. Delivery takes place within 3 working hours after payment has been confirmed
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer upon the Goods leaving our premises or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer should inspect the Goods and shall notify the Seller within a reasonable time if the Goods are damaged or do not comply with those mentioned in the Buyer's order instructions.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer at the Buyer's risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
b) at the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are examined by the Seller and found to be defective.
8. Cancellation and Returns
8.1 We do not accept any cancellations or returns, unless there is an issue of out of date product or damaged good. In that case the Buyer needs to notify the Seller within receipt of the goods and no less than one working day.
9. Force Majeure
9.1 In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.
10. No Waiver
10.1 The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11.1 In the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12.1 If the Buyer has a complaint about the Seller's service or any goods or services they purchase from the Seller the Buyer should immediately contact the Seller. The Buyer will be contacted as soon as possible and definitely within 24 hours of their initial communication and a resolution will be provided within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with Kenyan law.
13.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.