GENERAL PROVISIONS: The Company KAYWORTHS INTERNATIONAL LIMITED with registered office in Kenya, P. O. Box 12298 – 00100 GPO Nairobi, PIN# xxxxxxxxxx VAT# xxxxxxxxxx, (hereinafter “KAYWORTHS”), owns DIVABAG Collection brand, COMFORTCOY Clothing brand and KAYCEE Jewelry brand which is marketed and distributed in Kenya and all over the world through physical retailing and the website www.kayworths.com (hereinafter "Site").
The present general terms and conditions (hereinafter Terms and Conditions), regulate the online selling of DIVABAG, COMFORTCOY and KAYCEE products (hereinafter Products), through the Site. These purchases are reserved to site users who intend to make use of the sale services of the Products (hereinafter Customers).
The Customer is requested to acknowledge and read carefully the present Terms and Conditions before completing any purchase on the Site. Such information is meant to be entirely read, understood and accepted by the Customer at the time of implementing a purchase order.
The Customer shall therefore follow these Terms and Conditions and consider KAYWORTHS as released from any other different terms and conditions from those in force, not arranged in advance in writing form.
PRODUCTS: The available products on the Site for the online purchaser are Handbags, Jewelry and an assortment of Clothing and Accessories. All Products are subject to the availability at the time of the order. KAYWORTHS reserves the right to modify at any time the quantity or the type of products that may be purchased on the Site. The Customer will be informed if the requested Product is not available.
PRICES: All the prices on the Site are established in US Dollar with an option to convert to major world currencies and they include any VAT and applicable sales taxes. The prices do not include shipping and delivery charges, except for different detailed directions.
KAYWORTHS uses its best endeavor to ensure that all pricing information on the Site are accurate, but cannot guarantee the absolute absence of mistakes. In the event that a mistake in the price of a Product shall occur, KAYWORTHS will allow the Customer the option to confirm the purchase of the Product at the correct price or to cancel the order. If KAYWORTHS is unable to contact the customer the order will be considered as cancelled.
PROMOTIONAL OFFERS: KAYWORTHS reserves the right to accomplish particular terms of sale or promotional offers on the Product(s) on the Site. The conditions applied to promotions shall be regulated from time to time by KAYWORTHS through special communications to the Customers.
For all those conditions not otherwise regulated, the present Terms and Conditions will be considered enforceable.
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with Data Protection Act 1998). We collect information about you for two reasons: firstly, to process your order and second, to provide you with the best possible service. We will not email you in the future unless you have given us your consent.
The type of information we will collect about you includes:
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and the law.
KAYWORTHS Site may contain links to other websites that might have no connection with the present Site; furthermore KAYWORTHS specifies that the present Terms and Conditions are exclusively in force for the Site and not for other websites that the Customer might visit through the links managed by other owners and KAYWORTHS does not carry out any check or monitoring. KAYWORTHS declines any responsibility in case of mistakes, contents, cookies, publications displaying immoral or illegal contents, advertising, and banners of files which are not in compliance with laws in force and to the Privacy Protection on the side of websites out of KAYWORTHS owner's management.
The personal data provided by the Customer may be transferred to a third party exclusively for reasons related to the fulfillment of required services and institutional activities or operations connected with the activity carried out by KAYWORTHS without limitation:
- for purposes connected with law obligation or statutory provision as well as provisions given by authorities legitimated by law to this purpose as from time to time amended, extended or re-enacted;
- for the purchase of Products by filling in the special order form;
- for the orders delivery;
- in order to provide assistance services and customer care support;
- for the registration to the Site, through the connected registration form and to supply access services to reserved areas;
- for functional aims connected with activities, for which the Customer has the right to accept or refuse the data processing; these purposes include, for example: forwarding of advertising material, news, promotional offers, data for statistic purposes, data processing to create Customers' profile.
The Customer's personal data must be collected and have to be provided to enable the implementation of the purposes described in a), b), c), d) and e) above; the absence of which will prevent the conclusion of the purchase agreement thus, the orders or services requests will be not executed by KAYWORTHS. Failing the consent of optional data processing for the purposes described in f) will not involve any prejudicial consequence.
In order to facilitate the identification of the compulsory nature of the required data, the relative field will be marked by an asterisk (*).
In order to fulfill the contractual obligations, as well as in order to supply the offered services, KAYWORTHS cooperates with external companies, involved in activities strictly connected and functional to the fulfillment and the performance of settled agreements and offered services such as, for instance
• Management of Customers' files;
• Customers relationship;
• Shipping and courier companies concerning the delivery and customs formalities;
• Bank institutes for the management of credit collections and payments;
• Financial administrations and other institutions in execution of rule obligations;
• Companies and legal firms for the protection of rights pertaining to contractual relationships:
• Freelancers connected with administrative and bookkeeping accomplishments;
• Post services;
• Companies related to KAYWORTHS for market analyzing, marketing activities and communication.
The treatment of data processing by these subjects is directed to the fulfillment of instructions received from the Customers and/or to the filing on data processing supports. The data may be communicated to all the subjects to whom the communication is due according to law obligations.
The Customer will then select the condition of payment and choose the option "send order". The orders will be executed subject to registration and creation of a Customer's personal account, as described elsewhere in the Site through observation and fulfillment of certain instructions.
PURCHASE AGREEMENT: The purchase agreement entered by KAYWORTHS and the Customer shall be considered completed and duly entered by the Parties at the time in which the order is duly submitted by the Customer - in accordance with the purchase procedure indicated on the Site; and subject to KAYWORTHS receiving authorization from the credit card issuer that the payment is accepted.
The order submitted by the Customer shall be binding only if the entire purchase procedure has been duly and correctly completed without any mistake as notified by the Site. KAYWORTHS is not responsible for any eventual mistakes caused by the technical malfunctioning of the Customer's internet connection service.
By submitting the order to KAYWORTHS, the Customer acknowledges and states that he/she has reviewed and accepted all the indications provided in the purchasing procedure and he/she entirely accepts the present Terms and Conditions.
The online order form will be stored in the Sites database for the time necessary for the fulfillment of the order. KAYWORTHS will send to the Customer an e-mail confirming the receipt of the order placed by the Customer, including a summary of the Product(s) ordered, the details of the products purchased; the time and date of the purchase; KAYWORTHS mailing address; the information about customer care and about the commercial warranties; the terms for the withdrawal from the present purchase agreement; the payment condition chosen by the Customer, the detailed price of the Product(s), the delivery charges. The Customer shall immediately verify the content of the e-mail and shall notify immediately KAYWORTHS of any error mistake or omission.
PAYMENT TERMS: The Customer may pay for the Products and the shipping expenses by PAYPAL, banker’s cheque or Bank Transfer. In order to prevent internet frauds, the payment effected through the Site will be managed online by the assigned bank through the instruments offered by VISA or other relevant financial regulatory authorities securing the website. This company is responsible for the preservation and the for the automatically processing the information related to each order "including financial information" within a protected environment.
All financial information, such as credit card number, expiring date etc. are directly managed by VISA or other relevant financial regulatory authorities, which guarantees for the security of online transactions. KAYWORTHS never get information with the essential data of credit cards and it isn't therefore able to record or keep them in any way.
For this reason KAYWORTHS empowers VISA or other relevant financial regulatory authorities securing the website, to support the Customers for all the payment process. The transaction will be charged to the Customer's credit card only once the credit card data has been verified; and only after that KAYWORTHS has received the debiting authorization from the credit card issuer and Product availability has been verified by KAYWORTHS. The Customer's credit card will be charged only once the order is ready to be shipped. The card will not be charged at the time of the submitting of the order.
BANK TRANSFER PAYMENT: In case of payment through Bank Transfer, it’s requested to provide for the payment within 3 days from the reception date of your order. In the bank transfer, it has to be specified the reference number of your order given at the moment of the purchase, the name and surname of the customer. The shipment of the product will be executed after the payment’s credit receipt (credits will be credited after 3-4 working days on our account).
KAYWORTHS BANK DATA:
KAYWORTHS INTERNATIONAL LIMITED
P. O. Box 12298 – 00100 GPO
Nairobi - KENYA
BANK: BARCLAYS BANK OF KENYA LIMITED
SWIFT CODE: BARCKENX
GUARANTEE OF AUTHENTICITY: KAYWORTHS guarantees the authenticity of all the Products purchased on the Site. The Products are made with the best materials and produced by the best craftsmen.
All the intellectual property rights such as trademarks, service trademarks, marks and copyrights are exclusive property of KAYWORTHS. No page or other content of the Site may be reproduced without the prior written approval of KAYWORTHS.
CHANGES TO GENERAL TERMS AND CONDITIONS: The present Terms and Conditions are regulated by the Kenyan law. KAYWORTHS reserves the right to modify the present Terms and Conditions of sale at any time. Any changes, modifications, removals or addition will go into force just after their submitted communication means of notes issued on the Site. Once the communication is given any access and use of KAYWORTHS’s services by the Customer is meant to be considered as a complete acceptance of the changes that have occurred.
The Customer accepts the non exclusive jurisdiction of the Kenyan courts. For any dispute arising from or in connection to the navigation or the use of the Site the competent court shall be the court of residence or domicile of the customer.
CONTACTS: For any further information and assistance on the Site and or on the online purchases please contact us at the following e-mail address:
OR at the following mailing address:
The Managing Director
KAYWORTHS INTERNATIONAL LIMITED
P. O. Box 12298 – 00100 GPO
Nairobi - KENYA
KAYWORTHS – Passion Inspired Fashion