Terms & Conditions
These Terms and Conditions govern the use of
the services offered by Emart Kenya Limited
("E-mart.co.ke") on the Emart
Kenya Limited website (the "Website"). Please read these Terms and
Conditions and the Privacy Policy (the "Privacy Policy") carefully
before using Emart Kenya Limited’s services or its website.
Your use of Emart Kenya Limited services or
its website constitutes your acceptance of and agreement to all the terms and
conditions.
In these Terms and Conditions and the Privacy
Policy, and your confirmation that you are either at least eighteen (18) years
of age or under the supervision of a parent or legal guardian who is at least
eighteen (18) years of age.
Use of Website
By using Emart Kenya Limited’s website, you
confirm that you are either at least 18 years of age or are using the website
under the supervision of a parent or legal guardian who is at least eighteen
(18) years of age.
We grant you a non-transferable and revocable
license to use the website, under the Terms and Conditions described, for
shopping for items sold on the website. Any breach of these Terms and
Conditions shall result in the immediate revocation of the license granted to
use the website without notice to you.
Some services and features on the website may
require registration or subscription. Should you choose to register or
subscribe for such services or features, you agree to provide accurate and
current information about yourself, and to promptly update such information if
there are any changes.
User Account
You are the sole authorized user of any
account you create with Emart Kenya Limited and are entirely responsible for
all activities that occur under such account.
You are responsible for maintaining the
confidentiality of any account name you create as well as any password
associated with such account. You agree to immediately notify us of any
suspected or actual unauthorized use of your account and/or password.
By providing your contact information such as
phone number and email address, you agree to receive information including but
not limited to availability of items in your order, status of your order,
promotions, other information that Emart Kenya Limited may deem fit to send
you. At any point, you may request us to discontinue sending you such
information.
If Emart Kenya Limited believes that there is
likely to be a breach of security or misuse of the Emart Kenya Limited website,
we may require, you to change your password or we may suspend your account.
Within reason, Emart Kenya Limited may suspend
or cancel your account for a variety of reasons including but not limited to
breach of your obligations under these Terms and Conditions.
Emart Kenya Limited shall not be responsible
or liable in any way for any loss or damage of any kind incurred because of, or
in connection with, your failure to comply with these Terms and Conditions.
User Submissions
The Emart Kenya Limited website may allow the
submission of various kinds of communication in the form of comments, reviews,
photographs, videos, comments and other communication by users of the website.
All such submissions will be considered
non-confidential and will be available for Emart Kenya Limited to use as it
deems fit in any medium and in any territory globally.
All users of the Emart Kenya Limited website
hereby agree not to submit material that: (i) is copyrighted, subject to
privacy or publicity rights or otherwise subject to third party proprietary
rights unless you are the owner of such rights or have permission from the
owner to submit the material; (ii) is unlawful, illegal, obscene, harassing,
defamatory, libelous, treasonable, pornographic, hateful, racially, religiously
or ethnically offensive or is otherwise inappropriate; (iii) could damage the
reputation of Emart Kenya Limited or any third party; or (iv) impersonates
another person. Emart Kenya Limited reserves the right to remove any submission
at its discretion and not least if the submission breaches any of the above
listed terms.
Emart Kenya Limited does not endorse
submissions made on its website and Emart Kenya Limited disclaims any liability
in connection with any submission. You accept that by accessing Emart Kenya
Limited’s website you may be exposed to submissions that may be offensive,
inaccurate or distasteful, and you hereby waive any legal rights or claims you
may have against Emart Kenya Limited in relation to this.
Website Content and
Pricing
While care is taken to ensure the content
published by Emart Kenya Limited on its website, including but not limited to
product images, product names, product descriptions, product functionalities,
product uses, product ingredients and prices, is accurate and complete, errors
may occur, and you hereby agree that Emart Kenya Limited will not be liable in
any way for such content.
Though content may be the same, depending on
item version (e.g. books), images on the site may differ slightly from actual
item. Also, prices of items that need to be weighed (e.g. fruits, vegetables,
meat) may be guide prices or approximated to enable you make a buying decision.
However, you will only be billed for the actual weight purchased; any
difference in guide to actual price. Actual price of weighed items will be
fully visible to you upon delivery and accompanied by the respective receipts.
In line with this, Emart Kenya Limited
reserves the right to refuse or cancel any order if the order contains item(s)
that are mispriced or contain incorrect, inaccurate or incomplete content, we endeavor
to contact the client prior to cancellation of any order.
Order Acceptance &
Cancellation
Emart Kenya Limited reserves the sole right to
determine which orders to accept and process as well as the right to cancel any
order at its own discretion. However, Emart Kenya Limited will ensure that the
cancellation of any order is communicated in an appropriate time and manner.
Orders Including
Alcoholic Drinks
Alcoholic drinks may only be purchased by
individuals who are at least eighteen (18) years of age. By purchasing such
products on the Emart Kenya Limited website, you confirm that: (i) you are at
least eighteen (18) years of age; and (ii) you will provide legitimate and
legally recognized identification confirming your age to the dispatch Team upon
delivery of your order (iii) you accept that failure to provide such
identification may result in Emart Kenya Limited and its employees or agents
refusing to deliver your order (iv) you accept that Emart Kenya Limited and its
employees or agents reserve the right not to fulfil delivery of your order if
there is any doubt that the identification provided by you is illegitimate,
fake or falsified in any way.
Third Party Websites
Emart Kenya Limited may provide web links to
websites owned or operated by third parties. Emart Kenya Limited does not
endorse the content or any products or services available on such websites and
is not responsible for such content. Your connection to any other websites from
the Emart Kenya Limited website is at your own risk.
Use of Material
Unless otherwise stated, all rights to
materials, content, layout and design of this website are proprietary to Emart
Kenya Limited. Users of this website may browse the website and may download
material displayed on the website for non-commercial, lawful, personal use
only, provided all copyright and other proprietary notices contained on the
material so downloaded are retained and such information is not modified,
copied or posted on any networked computer or broadcast in any media. All other
copying, reproduction, posting on any other website, republication,
downloading, uploading, encoding, modification, translation, public performance
or display, distribution or transmission of any portion of this website, or the
making of any derivative works from this Website, is prohibited without the
express permission of Emart Kenya Limited.
Trademarks and
Copyrights
This website is owned, controlled and operated
by Emart Kenya Limited. All material on this website, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights that are owned and
controlled by us or by other parties that have licensed their material to us or
provided us permission to use such material.
The material on the Emart Kenya Limited
website may be used by you for personal, non-commercial purposes. You must not
copy, reproduce, republish, upload, post, transmit or distribute such material
in any way, including by e-mail or other electronic means and whether directly
or indirectly and you must not assist any other person to do so. Without the
prior written consent of Emart Kenya Limited, modification of the materials,
use of the materials on any other web site or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use is
a violation of the copyrights, trademarks and other proprietary rights, and is
prohibited.
Emart Kenya Limited does not claim ownership
Images and product descriptions that maybe used on the Website for purpose of
enabling shoppers view and identify the products for purchase or understand
more about the products through sharing of product description from similar /
relevant platforms.
Territorial Use
Emart Kenya Limited offers no guarantee that
items on the Emart Kenya Limited website are appropriate or available for use
in locations outside Kenya and accessing the Emart Kenya Limited website from
territories where its contents are illegal or unlawful is prohibited and done
at the user’s risk. Ultimately, the user is responsible for ensuring that
accessing or using the Emart Kenya Limited website is done in accordance with
applicable local laws.
Applicable Law
These Terms and Conditions shall be governed
by and construed in accordance with the laws of Kenya and any disputes will be
decided by Kenyan courts.
Limitation of
Liability
You agree that Emart Kenya Limited shall not
be liable for any direct, indirect, incidental, special or consequential
damages resulting from or in connection to use of Emart Kenya Limited’s
services or website. In no event shall Emart Kenya Limited’s total liability to
you exceed the amount paid by you to Emart Kenya Limited.
Indemnity
You hereby indemnify and hold harmless Emart
Kenya Limited, its owners, licensees, affiliates, subsidiaries and their
respective officers, directors, agents, and employees, against any losses,
claims, actions, costs, damages, penalties, fines and expenses including
reasonable attorneys' fees, made by any third party or penalty imposed due to
or arising out of your breach of these Terms and Conditions, Privacy Policy and
other Policies, or your violation of any law, rules or regulations or the
rights of a third party.
Termination
At Emart Kenya Limited’s discretion and
without prior notice to you, Emart Kenya Limited may suspend or terminate your
access to the Emart Kenya Limited website.
Upon any termination of your access to the
website, you shall immediately cease all access to and use of the Emart Kenya
Limited website and we shall, in addition to any other legal or equitable
remedies, immediately revoke all password(s) and account identification issued
to you and deny your access to and use of the website in whole or in part.
If you are dissatisfied with the website or
with any terms, conditions, rules, policies, guidelines, or practices of Emart
Kenya Limited in operating the website, kindly feel free to contact us using
the necessary formal options i.e. Email.
Delivery Windows
For your convenience, we offer several windows
in which we expect to deliver your order. At checkout, you may select your
preferred window and we will make every attempt to deliver within that time. If
there is a delay to delivering your order within the exact time window, you
will be notified as much in advance as is possible. Ultimately, the delivery
windows are a guide and we are not contractually bound to deliver within the
stipulated time. That said, majority of our customers’ orders are delivered
within their chosen delivery window and it is always our goal to achieve this
consistently.
Communicating with You
During Order Processing
While processing your order, we may need to
contact you to discuss availability of some of your items and or any
replacements we may want to suggest to you in a timely manner to allow us
process and deliver your order within your preferred delivery window or proceed
as advised by you. Customers who are late in responding may have their delivery
rescheduled in order not to delay delivery of other customer orders slated for
the same window.
Access to Your
Delivery Location
We always endeavor to deliver your order
directly to your doorstep, however if access to your location is limited due to
a dilapidated road, flooding, road blocks, civil unrest or any other encumbrances,
then we will require you to notify us in advance and to meet the delivery
driver at a convenient and more accessible location. Failure to notify us of
any such issues may result in a delay and/or rescheduling of your delivery or a
cancellation of your order.
Access Within Your
Building
Our delivery drivers are very happy to carry
your order to your doorstep and even into your home, if you want them to.
If you leave in a gated community that
security doesn’t allow Tracks or Riders through, then kindly decide to meet or
grant special access for our delivery Team.
Meeting Our Delivery
Driver
To enable our delivery drivers effect timely
deliveries, they are mandated to wait a maximum of 15 minutes for each customer
to receive their orders from them. After contacting a customer (either by phone
call or SMS) and the customer is either unresponsive or fails to show up after
15 minutes, Dispatch will leave, and another delivery attempt may be made which
may be subject to an extra charge. Also note that Emart Kenya Limited will not
be liable for any damage caused to products (such as fresh meat and vegetables
or frozen produce) because of the additional time the products spend due to a
customer being unresponsive and or unavailable to take delivery of such
products.
Cancellations
When we receive customer orders, we begin
processing them immediately. And because we do not hold our own inventory and
we only purchase from supermarkets and retail outlets when customers place
orders, as soon as customers pay for their orders, we start purchasing their
selected products from the supermarkets. The retailers we buy from have a
no-return policy so, we in turn, are unable to return any items customers
purchase from us to the retailers. Thus, once an order has been placed and paid
for, Emart Kenya Limited is unable to accept a cancellation of the order.
Neither is Emart Kenya Limited able to process a refund of any amounts paid.
This, however, does not affect customers’ rights to a refund if an ordered item
is unavailable or undelivered.
Returns
If we deliver an incorrect or damaged item
(damage that has been caused by us), we will happily replace the item at no
additional cost to you. For us to replace such items, customers will need to
notify the dispatch team of their observation at the point of delivery.
Once customers have taken delivery of their
order and signed confirming this, they take ownership of the items and Emart
Kenya Limited will not accept any returns. For this reason, we ask customers to
carefully check and confirm the accuracy of their order with the delivery
driver before acknowledging receipt by signing.
Emart
Kenya Limited will not accept returns for items that have no material damage to
them. Products that are materially intact but whose packaging may have
scratches, peels, tearing, dents, discoloration, rust, or any other aesthetic
impairment that does not affect the taste, functionality or integrity of the
actual product may not be accepted by Emart Kenya Limited as a return.
Refunds
If an item you ordered is unavailable, we will
continue to check for the item until it is back in stock. If, after our checks,
the item remains out of stock, any credit due to you will be added to your Emart
Kenya Limited Account or transferred back to you. In instances where your
address is not within our delivery coverage locations or we later receive a
payment which did not reflect in our account at the time you made it, we may
process a refund to your account after deducting relevant charges.
Treatment of Our Team
Emart Kenya Limited employees always strive to
please customers and often go to extra lengths to ensure customers are fully
satisfied with our services. We expect that our customers will accord the same
courtesy and respect to all our employees they may engage with via email, over
the phone or in person.
Our Team mean a lot to us and without them, we
will not be able to provide the level of service we offer our customers. So,
while we will be patient with customers, we will not tolerate any written,
verbal or physical abuse to our staff by anyone. Any breach of this by a
customer may result in our refusal to fulfill the customer’s order.
In such an instance, if the items in the
customer’s order have already been picked and paid for, we may decide not to
deliver to the customer’s location and instead require the customer to pick up
the order at a location of our choosing. If, however, the items have not been
purchased, we may process a refund after deducting relevant transactional and
operational charges and costs Emart Kenya Limited may have incurred. Emart
Kenya Limited reserves the right to report any incidence of abuse to the
appropriate law enforcement authorities.
