Welcome to SONAL MAHERALI ™.   These are the terms and conditions on which we supply products to you and these terms tell you the rules for using our site.  Please read these terms carefully before you submit your order to us or otherwise use our site. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information (including how you can use our site).  When you shop with us on(using the app (where applicable) or our website www.sonalmaherali.shop (the “Platform”), these terms apply.   

By using our Platform you confirm that you accept our terms of use (please refer to clause 3).

We keep these terms updated and we amend them every so often, so please to remember to check back in every now and again when you visit our Platform as the latest version will apply.

  1. WHO ARE WE?

We are Sonal Maherali & Company Limited, a company registered in Kenya under company registration number PVT-3QUJQE  and our registered office is at 10th Floor, 9 West Ring Road Parklands, Westlands , Nairobi, Kenya. P.O. Box 273 00606.  Our registered VAT number is N/A.

  • You can contact us by contacting our customer service team either by telephone on +254 712 866 091 or via email on help@sonalmaherali.com.
  • If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order.
  • The Platform uses Shopify Inc which enables us to operate the online e-commerce platform that allows us to sell our products and services to you.

 

  1. ABOUT YOU.
    • In order to shop with us, you need to be at least:
      • 18 years old or are accessing the Platform under the supervision of your parent or legal guardian;
      • Have a credit card or debit card that we accept (- the list of current payment providers will be described at “Check- Out”); or
      • Have a valid Mpesa account; and
      • Be authorised to use that credit or debit card or the Mpesa account (in other way, it is in your name or you have permission to use it).

Even if you don’t have an account with us, you can still access, browse and use our Platform as a guest.

 

  1. TERMS OF PLATFORM USE

This clause 3 tells you the rules for using our Platform.  Please read this clause carefully. 

 

  • By using our Platform you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Platform.
  • Access to the Platform is free of charge. We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted.  We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons.  We will try to give you reasonable notice of any suspension or withdrawal.
  • We may update and change our Platform from time to time.
  • Any username, password or any other piece of information used as part of our security procedures must be treated as confidential. You must not disclose it to any third party.
  • If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@sonalmaherali.com.
  • We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
  • Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  • Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  • You must not establish a link to the Platform in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • We do not guarantee that our site will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  • You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

  1. OUR CONTRACT WITH YOU
    • Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
    • If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
    • We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

  1. OUR PRODUCTS.
    • The images of the products on our Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are sourced from different manufacturers, all sizes, weights, capacities, dimensions and measurements indicated on our website will need to accommodate some minor variations.

 

  1. WHAT IF I NEED TO CHANGE MY ORDER?
    • If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of the delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. We will only accept change requests received within 30 days from the date on which your order was placed.

 

  1. OUR RIGHTS TO MAKE CHANGES.
    • We may need to make minor changes to a product in order to either: (i) reflect changes in relevant laws and regulatory requirements; and/ or, (ii) to implement minor technical adjustments and improvements.
    • If we need to make any more significant changes to the products (as determined at our sole discretion), we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

 

  1. PLACING AN ORDER
    • When you place an order through the Platform you will receive an acknowledgment email confirming receipt of your order.
    • We will only accept your order once payment has been received (and the contract is made based on these terms). Once you have placed an order you can only cancel the order at our sole discretion.  Please refer to paragraph 11 which provides some further detail on our returns policy.
    • All orders are subject to availability and confirmation of the order price. If there is an issue with an order, we’ll get in touch with you.

 

  1. PRICE AND PAYMENT
    • The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order.
    • We take all reasonable care to ensure that the price of the product displayed to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you and if we are aware of this price difference, we will contact you for your instructions before we accept your order.
    • We accept payment with:
      • [LIST OF CREDIT AND DEBIT CARDS];
      • Mpesa till number [INSERT];
    • For all goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

 

  1. PROVIDING THE PRODUCTS
    • The costs of delivery will be as displayed to you on our Platform at the Check-Out before you confirm the order..
    • During the order process we will let you know when we will provide the products to you and the costs of delivery which will vary according to your delivery location. We try to ensure that all goods are delivered to you within 30 days after the day on which we accept your order. This is subject to availability at all times. Depending on your geographical location, certain deliveries may take longer than we would anticipate, therefore please bear with us and we thank you for your patience.
    • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay (for example labour strikes or fuel shortages). Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
    • If you are not at home when the product is delivered we will contact you to find out where to we can leave the delivery.
    • If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and the product will be returned to our warehouse. Any further collection or delivery will be at your own cost.
    • The product that you order and we deliver to you will be your responsibility from the time we deliver the product to you or you collect it from us. You will own the product once we have received payment in full.

 

  1. WHAT HAPPENS IF YOU HAVE CHANGED YOUR MIND OR IF YOU WANT TO RETURN YOUR ORDER.
    • Please click here [INSERT HYPERLINK] for our Returns and Refunds policy. You can either return an item if you have changed your mind or if it is faulty or misdescribed.
    • If you’ve changed your mind:
      • If you’ve changed your mind for whatever reason and if you’d like to return an item, as long as the item is still in its original condition, we will accept returns as long as:
        • You return the item requesting a refund within 28 days of receiving it. We will give you a refund for the item through the same payment method.
        • If you return the item requesting a refund after the 28 day period mentioned above in paragraph [2.1.1], any refund will be at our sole discretion. Any refund request received after the initial 28 day period, will only be accepted at our sole discretion.
      • The following items cannot be returned:
        • Earrings (except for clip ons);
        • Items where a hygiene strip or seal has been removed (e.g. swimwear); and
      • In the event of any return under this section, then you will need pay to return the product back to us. We will not be responsible for the delivery costs.
    • If it is faulty or misdescribed:
      • Where you want to return the item because it is faulty or misdescribed, then you can either:
        • Request for delivery of a replacement item and subject to availability of stock, we will deliver the replacement item as soon as we receive your written request; or
        • Request for a full refund.
      • All return requests must be submitted in accordance with the timelines described in paragraphs 2.1.1 or 9.2.1.2.
    • We will inspect items on return. All items should be returned in their original condition and original packaging if possible (you can obviously try the item as you would in a shop but please don’t wear it).
    • If your refund request is accepted, we will refund you the price you paid for the products including delivery costs (where applicable), by the method you used for payment. However, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
    • We will aim to process your refund within a reasonable time period.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and of reasonable merchantable quality under the Consumer Protection Act of Kenya (No. 46 of 2012).
    • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION
    • When you access or use our Platform we will collect some of your personal data. We will only use your personal information as set out in our [INSERT HYPERLINK TO PRIVACY POLICY].

 

  1. COMPLAINTS AND DISPUTE RESOLUTION
    • If there is something wrong with your product or if you otherwise need to get in touch with us, please contact our Customer Care team who will assist you with any queries or clarifications your require.
      • Email: help@sonalmaherali.com;
      • Twitter: SonalM_Closet or Shop_SonalMaherali
      • Instagram: Closet_SonalMaherali or Shop_SonalMaherali
    • All disputes arising out of these terms will be first resolved through direct negotiation between us and you (as the user) (the parties) within 30 days of the dispute first being escalated.
    • If the parties are unable to resolve the dispute amicably as provided for under Clause 2, the parties agree to enter into mediation in good faith to settle such a dispute and will do so in accordance with the Nairobi Centre for International Arbitration Model Mediation Rules 2015. Unless otherwise agreed between the parties within 14 working days of notice of the dispute, the mediator will be nominated by the Registrar of the Nairobi Centre for International Arbitration. To initiate the mediation a party must give notice in writing to the other party to the dispute, referring the dispute to mediation.
    • The mediation will take place in Nairobi, Kenya and the language of the mediation will be in English.
    • Any agreement reached through mediation shall be governed by, and construed to take effect in accordance with, the substantive laws of Kenya.
    • No party may commence any court proceedings in relation to any dispute arising out of these terms until it has attempted to settle the dispute by mediation and either mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.

 

  1. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
    • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    • We may amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.
    • These terms are governed by Kenyan law and subject to the dispute resolution provisions set out in Clause 14, each party irrevocably agrees that the courts of Kenya will have the exclusive jurisdiction to settle any dispute or claim in respect of the products in the Kenyan courts.

Terms last updated: [26 June 2019]