Terms and Conditions – Sales

Introduction

These terms of sale is a legally binding document between buyer and Kully Kully limited where Kully Kully has made the offer to sell the products by listing the same on the website and buyer has accepted such offer of Kully Kully by agreeing to buy the product so offered on the website. These terms of sale will be effective and binding on Kully Kully upon Kully Kully advertising, exhibiting and creating a listing of the product on the website, and shall be effective and binding on the buyer upon buyer agreeing to purchase the products so listed by Kully Kully Limited

In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the website located at the URL Kully Kully .co.ke (the Website) is referred to as “Buyer” and the owner is referred to as Kully Kully Limited). These Terms of Sale describe, the terms of offer for sale, acceptance of offer for sale by Buyer and the purchase of goods and services (“Products”) through the Website from Kully Kully . These Terms of Sale also contains certain statements and disclaimers made by Kully Kully which shall be binding on Buyer and Kully Kully Limited, as the case may be.

Offer and Acceptance of the Product

1.1

Kully Kully Limited makes an offer to sell the Products listed on its Website and the Buyer upon agreeing to purchase the Products so listed by Kully Kully hereby accepts such offer to sell. The Buyer understands and agrees that the offer for sale of the Product by Kully Kully is not an un-conditional offer. Such offer to sale by Kully Kully is subject to rejection by Kully Kully at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such rejection and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Buyer understand and agree that Kully Kully has the right to cancel any sale transaction, listing or acceptance for any reason in accordance with the Sales Agreement, these Terms of Sale, Website Terms of Use, delivery policy, Privacy Policy or under any contract or policy between Kully Kully Limited and the Buyer on the other hand.

Product(s)

2.1.

The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Kully Kully . However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Kully Kully may cancel such purchase transaction without any recourse to Buyer and without any liability to Kully Kully . If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Kully Kully shall have the sole discretion to determine the mode of reversal from the above options.

2.2.

With respect to the sale of Product by Kully Kully to the Buyer, Kully Kully hereby represents and warrants to the Buyer that:

Kully Kully has the right to sell the Products to the Buyer on or through it’s Website;
Buyer shall have and enjoy quiet possession of the Products;
Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer;
Product shall meet the description and specifications as provided on the Website.

Pricing Information

3.1

The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on ‘as is’ basis as provided by Kully Kully . Due to technical reasons there may be errors in Selling Price which may be corrected by Kully Kully at any time and any acceptance of offer of sale by the Buyer of the Products.

3.2

All prices are inclusive of VAT unless stated otherwise.

Delivery of the Product

4.1

We at Kully Kully ensures our commitment to deliver Product orders with good quality packaging within the earliest time frame. There are various delivery ways to deliver purchased Product to the Buyer, as decided by Kully Kully Limited.

– First the risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on Kully Kully and not on the Buyer if the delivery is by our own delivery trucks.

-Secondly the risk shall pass to logistic service providers if the delivery is by logistic service providers.Kully Kully represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Kully Kully on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website at the time the products are released from Kully Kully Store and singed for by logistic service providers agent or Kully Kully staff.

4.2

Buyer’s shipping address, pin code will be deemed correct as entered by the Buyer during the check-out procedure in the Website before a Buyer proceed to pay for Buyer’s purchase. In the event Buyer’s order is not serviceable by logistic service providers or by Kully Kully or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by Kully Kully at an additional shipping charge.(we urge correct indication of the exact place,i.e(along thika road,Kenyatta road 16 kilometers off the highway)

4.3

The Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product and the delivery charges as agreed upon the order making.

4.4.

Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Else,Where Buyer neglects or refuses to accept the delivery of the Products ordered by the them,he/she may be liable to Kully Kully for any loss of any fee or charges that Kully Kully should have earned from the Sale if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Kully Kully are not consequential or indirect .

4.5.

The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Kully Kully upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.

Return Policy for Products

5.1

Buyer’s Product related complainant for refund or replacement will the processed in accordance with Kully Kully return policy. However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.

5.2

Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Product’s packaging is not damaged or tampered.

5.3

The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website.

5.4

In the event the return of a Product is duly accepted by Kully Kully , the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Kully Kully shall have the sole discretion to determine the mode of reversal from the above options.

Cancellation of transaction / orders

6.1

Cancellation by Kully Kully : There may be certain orders that Kully Kully is unable to accept and has the right to such order.Kully Kully reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer’s order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information.Kully Kully may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Kully Kully . If Buyer’s order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Kully Kully shall have the sole discretion to determine the mode of reversal from the above options.

6.2

Cancellation by the Buyer: In case of requests for order cancellations, Kully Kully reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Kully Kully receives a cancellation notice and the order has not been processed, Kully Kully may cancel the order and refund the entire amount to Buyer within a reasonable period of time.Kully Kully will not be able to cancel orders that have already been processed. Buyer agrees not to dispute the decision made by Kully Kully and accept Kully Kully ’s decision regarding the cancellation.

Governing Law

7.1

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the Laws of Kenya.