This page tells you the terms and conditions on which we supply any of the products listed on our website www.jam.co.ke (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please click on the button marked “I Accept” the terms and conditions at the end of the checkout process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 Jams & Jars is a company in Kenya.
2. SERVICE AVAILABILITY
2.1 We do not accept orders from addresses outside The East Africa.
3. YOUR STATUS
By placing an order through our site, you warrant that:
3.1.1 you are legally capable of entering into binding contracts;
3.1.2 you are at least 18 years old;
3.1.3 you are not placing an order from outside East Africa.
4. ORDER PROCESS
4.1 After placing an order, you will receive an e-mail or text message from us acknowledging that we have received your order. You will receive a customer reference number for the Order placed. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
4.2 Please note that photographs of product colour are a guide only.
5. OUR STATUS
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards.
6. CANCELLATION RIGHTS
6.1 If you are a consumer you may cancel a Contract at any time within 14 (fourteen) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below). If you are not a consumer this right does not apply to you.
6.2 To cancel a Contract, you must inform us in writing. You must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You do not have a right to cancel a Contract (or part) where the goods concerned are perishable goods.
6.4 No right to cancel exists in the case of a Contract for the supply of any Products made to special order.
7. AVAILABILITY AND DELIVERY
7.1 If a Product(s) is Temporarily Unavailable (unavailable but estimated to arrive within 21 days) (Temporary Unavailable) we will continue to process the remaining Products in accordance with Clause 4. We will deliver the Temporarily Unavailable items at no extra cost to you.
7.2 For the avoidance of doubt, any date for delivery is approximate only. Time is not of the essence as to the delivery of the Products and we are not in any circumstances liable for any delay in delivery, however caused.
7.3 Delivery of an order shall be completed when we place the order at your disposal at the designated delivery address (“Delivery”).
7.4 Deliveries are made by a designated courier. Delivery times are Monday to Friday (except public holidays) between the hours of 8.00 am until 6pm (Delivery Times).
7.6 We are unable to deliver:
- Orders to any PO Box
7.7 You accept responsibility for the accuracy of the Delivery information (Delivery Address) supplied in your Order and warrant that such information complies with our requirements. We do not accept liability for late or failed delivery due to incorrect address information or telephone number provided.
7.8 You confirm that either you or a designated recipient will be available at the Delivery address to accept and sign for your Order within the Delivery Times.
7.9 If Delivery is unsuccessful the Courier shall endeavour to leave details of how to track your Order at the Delivery Address. Delivery may be attempted on the following working day.
7.10 We endeavour to ensure that your Order is suitably packaged. In the unlikely event that your Order is damaged, please contact us within 2 working days of receipt, as we cannot be held liable for refunds or replacement after such time – please quote your Order number, by email to email@example.com. Photographic evidence of any breakages will be needed before refunds or replacements can be made
7.11 It is your responsibility to ensure the goods received are correct as per your order. Any shortages or discrepancies must be reported to us within 2 working days, quoting your Order number, by email to firstname.lastname@example.org
7.12 If you require specific Delivery requirements or wish to contact someone about delivery, please advise us at the time of ordering.
8. RISK AND TITLE
8.1 The Products will be your responsibility from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
9. PRICE AND PAYMENT
9.1 The price of the Products include delivery charge.
9.2 Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
9.3 Product prices are in Kenya Shillings and include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9.4 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.5 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
9.6 If the pricing error is obvious and unmistakable and could have reasonably recognized by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
10. OUR REFUNDS POLICY
10.1 If you return a Product to us:
10.1.1 because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 6.3 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
10.1.2 for any other reason (for instance, because you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11.1 We warrant to you that any Product purchased from us through our site will conform in all material respects with its description and date code indicated on product labelling, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
11.2 We endeavour to ensure that any Product purchased from us through our site, will be clearly labelled with a comprehensive list of ingredients in order to assist with your Order only. Information is on a product by product basis and We reserve the right to amend labelling information from time to time where applicable.
12. OUR LIABILITY
12.1 Nothing in this agreement excludes or limits our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 any breach of the obligations;
12.1.4 defective products; [or]
12.1.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12.2 Subject to clause 12.1:
12.2.1 we will not, under any circumstances whatsoever, be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
12.2.2 our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Jams & Jars at email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 strikes, lock-outs or other industrial action;
16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
16.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
16.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.2.5 impossibility of the use of public or private telecommunications networks;
16.2.6 the acts, decrees, legislation, regulations or restrictions of any government; and
16.2.7 pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
19.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
19.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Kenyan law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Kenya.
22. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them.