Terms and Conditions for BrightersDetergents.co.ke

Welcome to brightersdetergents.co.ke, owned and operated by brightersdetergents.co.ke. These Terms and Conditions govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website. By accessing or using the Website, you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree with any part of these Terms, you must not access or use the Website.

1. Acceptance of Terms

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Your continued use of the Website after any modifications to these Terms signifies your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use this Website and place Orders. If you're under 18, you may use the Website only with the involvement and supervision of a parent or legal guardian.

3. Account Registration and Security

To access certain features or place Orders, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update it to keep it accurate, current, and complete. You're responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach. The Company won't be liable for any loss or damage arising from your failure to comply with this section.

4. Product Information and Availability

We strive to ensure that product descriptions, images, and pricing are accurate and up-to-date. However, we don't warrant that all information is error-free, complete, or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. All products are subject to availability. We reserve the right to limit the quantity of products supplied. If a product is out of stock after an order is placed, we'll notify you and offer alternatives or a refund.

5. Pricing and Payment

All prices displayed on the Website are in Kenyan Shillings (KES) and are inclusive of applicable taxes unless otherwise stated. We accept various payment methods as indicated on the Website (e.g., M-Pesa, credit/debit cards). You agree to provide valid and current payment information. The Company reserves the right to change prices at any time without prior notice. However, once an Order is confirmed, the price for that Order won't change.

6. Order Placement and Confirmation

Placing an Order on the Website constitutes an offer to purchase the selected Products. All Orders are subject to acceptance by the Company. We'll send you an email or SMS confirmation of your Order, which constitutes our acceptance of your offer. This confirmation will include details of your Order, price, and estimated delivery time.

7. Shipping and Delivery

We offer delivery services within specified areas in Kenya. Delivery charges and estimated delivery times will be communicated to you during the checkout process. Delivery times are estimates, not guarantees. We aren't liable for any delays in delivery due to circumstances beyond our reasonable control. You're responsible for providing accurate delivery information. We aren't responsible for delays or non-delivery resulting from incorrect or incomplete addresses. Upon delivery, it's your responsibility to inspect the Products for any damage or discrepancies before signing the delivery note.

8. Returns, Refunds, and Cancellations

Our Return and Refund Policy, which is incorporated into these Terms, outlines the conditions under which returns and refunds are accepted. Please refer to this separate policy for details. Orders can be cancelled before dispatch. Once dispatched, our return policy applies.

9. User Conduct

You agree to use the Website only for lawful purposes and in a manner that doesn't infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited conduct includes, but isn't limited to: engaging in any fraudulent, abusive, or illegal activity; attempting to gain unauthorized access to our systems or other users' accounts; uploading or transmitting any malicious code, viruses, or other harmful data; collecting or storing personal data about other users without their express consent; posting or transmitting any unlawful, defamatory, obscene, or offensive material.

10. Intellectual Property Rights

All content on the Website, including text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Brighters Detergents or its content suppliers and protected by Kenyan and international copyright laws. You may not use any content from the Website for commercial purposes without our express written consent.

11. Disclaimer of Warranties

The Website and all products are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We don't warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

12. Limitation of Liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: your access to or use of, or inability to access or use, the Website or Products; any conduct or content of any third party on the Website; any content obtained from the Website; unauthorized access, use, or alteration of your transmissions or content.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising from your violation of these Terms or your use of the Website.

14. Third-Party Links

The Website may contain links to third-party websites or services that aren't owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites you visit.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which details how we collect, use, and disclose your personal information. By using the Website, you consent to such collection, use, and disclosure in accordance with our Privacy Policy.

16. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

18. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be resolved through amicable negotiations. If a resolution can't be reached through negotiations, the dispute shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995 (as amended).

19. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

20. Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we'll provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

21. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.

22. Communication

By using the Website, you agree to receive electronic communications from us. These communications may include notices about your account, Orders, promotional offers, and other information related to our services.

23. Feedback and Suggestions

Any feedback, comments, ideas, improvements, or suggestions provided by you to the Company with respect to the Website or Products shall remain the sole and exclusive property of the Company. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

24. Headings

The headings used in these Terms are for convenience only and shall not affect their interpretation.

25. Waiver

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.