Introduction
1. These Terms govern your access to the website located at arianababyshop.co.ke.co.ke and associated web pages (“Website”). These Terms are a valid and binding contract between you and us. It is therefore important that you read and understand these Terms. You may not access the Website unless you agree to abide by these Terms without modification. By accessing the Website and/or registering on the Website, you signify your agreement to these Terms.
2. Important clauses of these Terms, which may limit our responsibility or involve some risk for you are reflected in bold. You must pay special attention to these clauses.
3. Please note that these Terms make use of a series of terms and phrases which have specific meanings in these Terms. These terms and phrases are listed below, together with general interpretive principles which are used to interpret these Terms.
4. If you have any questions regarding our Website, the terms, products or services, please email info@arianababyshop.co.ke.co.ke to contact us.
• Definitions
1. These Terms may contain a number of terms and phrases which have a specific meaning in this document. In these Terms, headings are for convenience and shall not be used in its interpretation.
2. Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
3. The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings –
a) “access” when used in the context of –
a website, means to visit, use, load in a web browser, mobile phone, mobile app or similar software application or device or otherwise engage with a website;
content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such content;
b) “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your access to the Website;
c)“Deposit Account” means the account which you may have been granted by Ariana Baby Shop which is subject to various terms and conditions as set out in clause 36 below and will allow you to purchase Products on the Website or in Store against funds which have been deposited into the Account and you will be furnished with a Ariana Baby Shop deposit account card
d) “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with the Website;
e)“know-how” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Website, as well as, all available information regarding marketing and promotion of the products and services described in these terms of use, as well as all and any modifications or improvements to any of them;
f) “Online Account” means your online customer profile account against which account you can transact online or in store, subject to these terms and conditions;
g) “PesaPal” means the service provider who shall be processing the payments made by the Customer to Ariana Baby Shop by means of a credit card, EFT or mobile money purchase via the Website as may be replaced from time to time;
h) “post” means to upload, publish, transmit, share or store;
i)“Product” means the products which can be purchased on the Website in terms of these Terms and “Products” shall have a similar meaning;
j) “Terms” means these terms and conditions of use, as amended from time to time including the Disclaimer https://arianababyshop.co.ke/disclaimer, Privacy Policy https://arianababyshop.co.ke/privacy-policy;
k) “Trade Account” means a 30 (thirty) day incidental credit account, which a Customer may have been granted by Ariana Baby Shop, which is subject to various terms and conditions, which you agreed to when opening up the Trade Account;
l) “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same;
m) “you” and “Users” means the Website’s users;
n) “us”, “we” and “Ariana Baby Shop” means Ariana Baby Shop Limited, registration number BN-BGCK27V, a private company duly incorporated in accordance with the company laws of Kenya (including our affiliates and subsidiaries);
o) “Website” means the Ariana Baby Shop website at arianababyshop.co.ke including access to such website through a mobile application or the mobile or other software application itself.
4. Any reference in these Terms to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.
5. When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of Kenya, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of Kenya;
6. All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
• Amendments to the website
We reserve the right, in our sole discretion, to, and you agree that we may, amend these Terms at any time, in any way and from time to time. We will publish the amended Terms on the Website. These amendments shall come into effect immediately and automatically and you will be bound by them. It is your responsibility to review these Terms regularly and to ensure that you familiarise yourself with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer access the Website.
• Legal age and capacity
1. You may not access the Website and may not accept these Terms if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing to the Website under the laws of Kenya or other countries including the country in which you are resident or from which you make access the Website.
2. In accessing the Website you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract, being these Terms.
• We may change aspects of the Website
1. We may add new features and modify or even discontinue existing features without notice to you and in our sole discretion. You agree to this.
2. You are free to stop accessing the Website at any time without notifying us. Doing so will not affect the results of or remove the effects of your access to the Website.
• Personal Information
1. Please refer to our Privacy Policy [https://arianababyshop.co.ke/privacy-policy] for further information about the personal information we collect from you through your access to the Website and how we process this personal information the terms of which are deemed incorporated into these terms and conditions.
2. We may ask you to submit your personal information to us through the Website in order to access aspects of the Website or make use of services we offer on or through the Website.
3. You warrant that the personal information you submit is accurate, current and complete. You will be denied access to the Website should you breach this warranty or subsequently be found to have breached this warranty.
4. We may take steps to verify your personal information which you submit to us. You irrevocably consent to this verification process. You acknowledge and agree that your access to the Website may be limited until such time as the verification process has been successfully completed.
5. Should you not agree to the verification process or withhold your consent as contemplated above, your access to the Website, generally, may be suspended or terminated and you waive any claims you may have against us, our officers, directors, employees, servants, agents and/or contractors arising out of our denial of access to you to the Website.
Visit us at Gateway Mall, 1st floor, Shop 3, Syokimau, Mombasa Road Nairobi