TERMS OF SERVICE

WEBSITE. El Afrique “Terms of Use” govern the use of this website and the purchase of any products from it. The website is owned and operated by El Afrique.We are a company registered in Nairobi, Kenya.Our email address is info@elafrique.com

In the context of this website, “we”, “our” and “us” means https://www.elafrique.com and “you” and “your” means you, the user or customer of this website. If you do not agree with these terms of use, please do not use this site.

The following Terms of Use and any other rules posted on our www.elafrique.com constitute an agreement between us and you, the visitor, governing your access and use of all content and functionalities available at the El Afrique website, related micro- sites accessed through the URL www.elafrique.com, related domain names, and any other website or micro-site of El Afrique. (collectively the “Site”).

By visiting the Site, you are accepting and consenting to the practices described in the Terms of Use. We may modify the Terms of Use from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Use.

If you require more assistance you can contact us by emailing info@elafrique.com.

By using El Afrique you agree to all the terms on this page.

COPYRIGHTS, TRADEMARKS AND CONTENT

The entire content published on this Site, including but not limited to text, graphics or code is copyrighted under copyright laws, and is the sole property of https://www.elafrique.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with https://www.elafrique.com. Without obtaining our prior written consent, any other use, including but not limited to the reproduction, modification, distribution, display or transmission of the content of this Site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

All trademarks, service marks and trade names of https://www.elafrique.com used in the Site are trademarks or registered trademarks of El Afrique by Whitney Enterprise.

You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the content as herein described, including El Afrique’s software and all HTML and other code contained in this Site, shall remain at all times vested in El Afrique and/or are the property of their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by state laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by El Afrique and/or its third-party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

In addition to the Intellectual property rights mentioned above, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. El Afrique tries to ensure that the information on this site is accurate and complete. We do not warrant that the Site’s Content is accurate, error-free. Your use of the Web Site is at your risk. Without limiting the foregoing, everything on the Web Site is provided to you “as is” and “as available” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. El Afrique reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Grass-fields is not liable to you or any third party for any such withdrawal.

Opinions expressed on the Site and El Afrique’s Instagram, Twitter, Instagram and all other social media Pages are the personal opinions of the authors. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to El Afrique a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@elafrique.com. Grass-fields reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

Please respect our content copyrights and trademarks; we are super happy to share our content with you so please don’t claim it as your own. If anything is wrong, please email us at info@elafrique.com.

ELIGIBILITY TO PURCHASE AND ORDER

The purchase of merchandise through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the Kenya.

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the Site’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PesaPal, Visa, PayPal, and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where El Afrique feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within the Terms of Use.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Please refer to our Privacy Policy page for further information about how we use your data.

El Afrique offers products for sale that are in stock and available for dispatch from our distribution centres. Occasionally however, we may be waiting from our workshops. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to us. Your rights regarding Advance Purchase are the same as those for any other purchase at the Site.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card/Mpesa within thirty days of being advised that merchandise has become unavailable.

We have the right to check that your payment is legally allowed. Also, if you pay for an item that is out of stock, we’ll keep in touch about the details.

CHANGES TO TERMS

We reserve the right to make changes to these Terms of Use at any time should those changes be required for a successful technological and legal operation of this Site. You should check these Terms of Use regularly for such changes.

CHANGES TO PRODUCTS AND PRICES

Prices shown on the Site are in Kenyan Shillings (KES). Kindly note that the Dollar and Pounds amount will change depending on the prevailing rate.

We reserve the right to make changes to the products and prices listed on the Site, and to other content of this website, at any time without notice.

While we do our best to ensure that product descriptions on our website are accurate, some inaccuracies, typographical errors or misinterpretations may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified without El Afrique being held accountable for such inaccuracies or errors.

Basically, these Terms of Use and other information on the site may change from time to time.

SECURITY & PAYMENT

Your financial & identity protection is our most important priority. We take reasonable care to make our Site secure. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

DUTIES AND TAXES

All prices indicated on this Site do not reflect any or all of the international duties, taxes, or other customs charges that the package may encounter when it arrives in its final destination. Please contact the customs agency officials to find out of all applicable taxes and duties (if any). Those charges vary greatly from country to country and will not be covered by El Afrique.

All customs and duties are not charged by us, it’s your country’s government.

GENERAL LEGAL TERMS

Complete Terms:

The Terms of Use constitute the whole legal agreement between you and El Afrique. and govern your use of the Services. Notwithstanding the foregoing, you understand that El Afrique may make changes to the Terms of Use from time to time. When these changes are made, El Afrique will make a new copy of the Terms of Use available at https://www.elafrique.com. You agree that El Afrique is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.

Confidentiality: You understand that El Afrique grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. El Afrique reserves the right to revoke these exceptions either generally or in specific cases.

Liability in the Event of Breach: You agree that you will comply with all of the provisions of the Terms of Use. You understand that you are solely responsible for any breach of your obligations under the Terms of Use and for the consequences of any such breach.

Rights Not Waived: You agree that if El Afrique does not exercise or enforce any legal right or remedy which is contained in the Terms of Use this will not be taken to be a formal waiver of El Afrique’s rights and that those rights or remedies will still be available to El Afrique.

Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

Violation of Terms of Use: Please report any violations of the Terms of Use by emailing info@elafrique.com.

Independent Relationship: You and El Afrique are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and El Afrique. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the Terms of Use.

Unplanned things can happen – we do our best daily to stay awesome and we are not responsible due to unforeseen circumstances.

RESOLVING YOUR CONCERNS

If you have any concerns with, or do not understand, our Terms of Use, we welcome you to contact us and we will make every effort to address and resolve your concerns. Feel free to contact us by email address info@elafrique.com

We’re always happy to hear from you!

 

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