Terms Of Sale
TABLE OF CONTENTS
Effective FEB 01 2024
Welcome to www.theomesas.com. Please review these Terms of Sale agreement (the "Agreement"), which shall apply to all products sold to you through this webpage by us ("The Omesa‘S"). This Agreement sets out your rights and limitations. By making a purchase on this webpage and/or app you are agreeing to be bound by this Agreement. As the terms of this Agreement may be changed at our sole discretion without sending notice to you, we advise that from time to time you check this webpage to review the changes. Your continued use of this webpage shall constitute your consent to any changes. Please note that you should also review the Terms of Use and the Privacy Policy, both of which you also consent to through the use of this webpage.
1. ORDERS AND PAYMENT
All products available on this webpage are available only in Kenya and other selected countries.
Please kindly know that once an order has been placed and paid for, you cannot modify it. We apologize for this inconvenience. If you wish to cancel a shipped or packed order, please see cancellation below.
After an order has been placed, our sales team will contact you by use of telephone number: we will only call you from our designated phone number(s) found on our contact page.
When you make a purchase on this webpage, your order shall be considered as an offer to us. You will then receive confirmation of your purchase. THIS CONFIRMATION DOES NOT REPRESENT AN ACCEPTANCE OF YOUR OFFER BY US. You agree that your offer will only be accepted upon the receipt of an acceptance email sent to you by us.
The credit card service provider must approve all purchases made through the use of a credit card.
We reserve the right to refuse or cancel your order at any time. We will take all reasonable measures to ensure that the description of the product and the price are accurate, but if the products are incorrectly described or priced, we reserve the right to refuse or cancel your order. Following the refusal or cancellation of your order, we shall send you an email notification. Should your order be refused or cancelled following payment, we will reimburse you for the full amount paid. Except where prohibited by law, we may limit the number of products available for purchase.
If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options.
To cancel an order, see cancellation below.
2. PRODUCT AVAILABILITY
Product availability is subject to supply limitations, and products may be unavailable for delivery. We reserve the right, at any time, without liability and without prior notice, to revise or cease to make available any or all of the products. Should the product become unavailable following your receipt of an acceptance email, we will notify you by email. At such a time, you will have the right to a full refund, or to place another order. For more on refund visit Refund Policy.
5. RETURN POLICY
We believe our products would be of help but if you are not satisfied with your product for any reason, you may return the product subject to our return policies.
3. PRICE
All prices are listed in Kenyan shillings. As per the Orders and Payments section of this Agreement, we will take all reasonable measures to ensure that the prices of the products are accurate. However, if the prices are incorrectly listed, we reserve the right to refuse or cancel your order.
4. SHIPPING AND DELIVERY
All orders placed later than 5:00 PM /1700 HRS (Nairobi, Kenya GMT + 3 ) will be processed the following day.
We will only ship to Kenyan addresses and will do so based on the method you select from the available options. All orders will be shipped to your “Primary Address”, which you had provided to us.
We will provide you with couriers available to your destination. The estimated time of the arrival of your product should be considered as an estimate only, and we will not be responsible for any damages due to delays in shipping. Further, we reserve the right to refuse or cancel your order if there are no reasonable shipping options.
Charges for shipping will be listed when you purchase the product or service from our webpage. You are responsible for all federal and provincial shipping related taxes.
We use a third-party shipping service provider to ship our products. As such, we will not be liable for any loss, damages (direct or indirect) or expense due to shipping. Title and risk of loss shall be passed to you at the moment the product that you have purchased is transferred to the third-party shipping service provider.
Receipt of shipment will be sent to you via WhatsApp or other mode of communications available to you.
Tracking of orders by use of online method is limited to some areas: if your order can be tracked then you will see in the order summary a link “Track Order”. Others can be able to track by use of Calls, WhatsApp, E-ails, SMS etc. This is due to the fact our carriers have not implemented online tracking.
Soon we will have international shipping.
6. DISCLAIMER
EXCEPT AS PROVIDED FOR IN THIS AGREEMENT, TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, WE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT THE TRANSACTION WILL BE FREE OF DEFECT. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES OR LIABILITES, ARISING FROM THE LAW OR OTHERWISE. IN NO EVENT SHALL THE OMESA’S, ITS OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHERWISE. THE OMESA'S, ITS OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR LOST PROFITS, BUSINESS INTERUPTION, ANY COMPUTER-RELATED DAMAGE OR LOSS OF DATA. WHILE WE WILL TAKE ALL REASONABLE STEPS TO ENSURE THAT NO VIRUSES OR BUGS ARE TRANSMITTED THROUGH ITS WEBPAGE, WE EXCLUDES ALL LIABILITY WITH RESPECT TO THE TRANSMISSION OF VIRUSES OR BUGS. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF WE, ITS OFFICERS OR EMPLOYEES, WERE INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVE-MENTIONED DAMAGES. OUR MAXIMUM LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN US AND YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
8. EXPORT CONTROL
You agree to comply will all export laws of Kenya that apply to the products purchased or received under this Agreement.
9. RESALE POLICY
Products purchased are for personal use and may not be resold. Any transfer or assignment under this Agreement requires our explicit written consent.
We reserve the right, in our sole discretion, to review and investigate all orders placed on our website to ensure compliance with our policy against resale. We may conduct this review after an order has been placed but prior to shipment. If we identify an order that, in our sole discretion, appears to be placed by a reseller, we reserve the right to cancel the order. Upon cancellation, we will refund the full amount of the order, including any applicable taxes and fees, to the original method of payment. The refunded amount will be credited back to you within the timeframe stipulated by your card issuer's policy. and according to guidelines stipulated in our refund policy.
If you wish you can join our PARTNER PROGRAM.
10.ORDER CANCELLATION
If you wish to cancel an order, kindly Contact Us before shipping. There is no other way of cancelling orders.
If already shipped kindly adhere to the Return Policy and Refund Policy.
11. OTHER AGGREMENTS AND DISCLAIMERS
All material and information presented by us is intended to be used for personal, educational or informational purposes only. If any results are shown, it may not necessarily occur in all individuals. The statements and products sold through us are not intended to diagnose, treat, cure or prevent any condition or disease
If any minor uses any service or product from us, it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines.
You should always check the ingredients for products to avoid potential allergic reactions.
The actual Product delivered may be subject to variations in appearance, as Product packaging may differ over time. It remains the responsibility of the customer to ensure that the Product he/she ordered is correct, and the Product description will always overrule any related images when resolving a dispute about a Product.
USE OF THIS SITE IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE; PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING THE USE OF ANY, PRODUCTS OR INFORMATION RECEIVED FROM THE SITES BEFORE USING OR RELYING ON THEM. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL A HOSPITAL OR YOUR PHYSICIAN IMMEDIATELY. FOR MORE INFORMATION ON THIS KINDLY VISIT OUR DISCLAIMER PAGE.
10. GENERAL
This webpage and any use of this webpage shall be governed and construed by the laws applicable to Kenya, without regard to conflict of law rules. Both you and we agree to the exclusive jurisdiction of Kenya.
The Terms of Use, Privacy Policy and Terms of Sale shall constitute the entire agreement between the parties and there are no other written or verbal agreements or representations relating to the subject matters described herein.
The headings used throughout this Agreement have been inserted for convenience only and shall not in any way affect the meaning of this Agreement or any provision thereof.
Should any provision of this Terms of Use be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.