Terms of service
Welcome to Kava Kenya (“we,” “us,” “our”). We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify.
These Terms of Service (“Terms”) together with any policies referenced here (e.g., our Privacy Policy and Refund Policy) describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1) ACCESS & ACCOUNT
You confirm you are at least 18 years old (or the age of majority in your jurisdiction) and that any minors using devices you own or manage do so with your consent.
You may be asked for information (e.g., email, billing, payment, shipping). You warrant the information is accurate, current, and complete and that you have the right to provide it.
You are responsible for safeguarding your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account.
2) OUR PRODUCTS (SUPPLEMENTS)
We strive for accurate product listings. Colours and appearance may vary due to device settings.
We do not warrant that product appearance or quality will meet your expectations. Descriptions, pricing, and availability may change without notice. We may limit quantities, regions, or customers at our discretion.
Health & Safety Notice: Our products are dietary supplements, not medicines. They are not intended to diagnose, treat, cure, or prevent any disease. Always read labels, follow directions, and consult a qualified healthcare professional—especially if you are pregnant, nursing, have a medical condition, or take medication. Keep out of reach of children.
3) ORDERS
Placing an order is an offer to purchase. We may accept or decline any order at our discretion. Your order is accepted when we send an order confirmation and process payment. Review your order carefully; cancellations may not be possible once accepted. If we decline or adjust an order, we’ll attempt to notify you using the contact details you provided.
Your purchases are subject to our Refund Policy. You warrant purchases are for personal/household use (not resale or export).
4) PRICES & BILLING
Prices, discounts, and promotions may change without notice. The price charged is the price at checkout and in your order confirmation. Unless stated, prices exclude taxes, shipping, handling, customs, or import charges.
Promotions may have separate terms; where they conflict with these Terms, promotion terms apply.
You agree to provide current, complete, and accurate payment and account information, and to promptly update details (email, card expiry, etc.).
By paying, you represent that (i) your payment details are true; (ii) you’re authorized to use the method; (iii) your issuer will honour charges; and (iv) you’ll pay all amounts due including taxes and shipping.
Payment methods: We accept M-Pesa (STK/Paybill/Till, as available), major cards, and other methods shown at checkout. Card data is processed by secure payment processors; we do not store full card numbers.
5) SHIPPING, DELIVERY & RISK OF LOSS
Delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our control.
Risk of loss and title pass to you when we hand over the parcel to the carrier. Please ensure your address and contact details are accurate.
6) INTELLECTUAL PROPERTY
All content on the Services (trademarks, names, text, images, graphics, audio/video, design, layout) is owned by us or our licensors and protected by applicable intellectual property laws.
You may use the Services for personal, non-commercial purposes only. Do not copy, modify, distribute, publicly display, or create derivative works without our prior written consent.
“Kava Kenya” names and logos are our trademarks. “Shopify” and related marks are trademarks of Shopify. Other marks are the property of their respective owners.
7) OPTIONAL TOOLS & NEW FEATURES
We may provide access to tools or features from third parties on an “as is” and “as available” basis without warranties or endorsements. Use is at your own risk and subject to the third party’s terms. New features released through the Services are also subject to these Terms.
8) THIRD-PARTY LINKS
The Services may link to third-party websites or embed third-party functionality. We are not responsible for examining or warranting their content, policies, products, or services. Access them at your own risk and review their terms and privacy policies.
9) RELATIONSHIP WITH SHOPIFY
Kava Kenya is powered by Shopify. However, your purchases are with Kava Kenya, not Shopify. You acknowledge Shopify is not responsible for sales between you and us and release Shopify and its affiliates from claims arising from your purchases and transactions with us.
10) PRIVACY
Personal information collected via the Services is handled under our Privacy Policy, and certain data is processed by Shopify under its policies. Because the Services are hosted by Shopify, information you submit will be transmitted to Shopify (and service providers, possibly outside Kenya) to operate and improve the Services. See our Privacy Policy,for details and your choices.
11) FEEDBACK & REVIEWS
If you submit reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish, and display such Feedback in any medium for any lawful purpose.
You warrant you have rights to your Feedback, have disclosed any compensation/incentives, and that it complies with these Terms. We may remove Feedback that we deem unlawful, infringing, or inappropriate.
12) ERRORS & CORRECTIONS
Occasionally the Services may contain errors or omissions (e.g., descriptions, availability, pricing, shipping charges, transit times). We may correct or update information or cancel orders if any information is inaccurate, at any time and without notice (including after you submit an order).
13) PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to: violate any laws; infringe IP rights; harass, defame, or abuse others; transmit misleading or harmful content; send spam; impersonate others; upload malware; scrape or harvest data; circumvent security; or engage in conduct that restricts or harms others’ use of the Services. We may suspend or terminate accounts for violations.
14) TERMINATION
We may terminate or suspend the Services (or your access) at any time, at our discretion, without notice. You remain liable for amounts due up to the date of termination. Sections that by nature survive (e.g., IP, Feedback, Warranties/Disclaimers, Liability, Indemnity, Severability, Governing Law) will continue to apply.
15) DISCLAIMER OF WARRANTIES
Except where expressly stated by us, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, timely, secure, or error-free operation.
16) LIMITATION OF LIABILITY
To the fullest extent permitted by law, Kava Kenya and our officers, employees, agents, contractors, service providers, and licensors (and Shopify and its affiliates) shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, revenue, savings, data, or replacement costs, arising from or related to your use of the Services or products, even if advised of the possibility. Our aggregate liability to you for all claims shall not exceed the amount you paid for the product(s) giving rise to the claim.
17) INDEMNIFICATION
You agree to indemnify and hold harmless Kava Kenya, Shopify, and their affiliates, officers, employees, agents, contractors, licensors, and service providers from claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of these Terms, violation of law, or misuse of the Services. We’ll notify you of indemnified claims and may control the defence; you will cooperate.
18) SEVERABILITY
If any provision of these Terms is found unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remainder will continue in full force.
19) WAIVER & ENTIRE AGREEMENT
A failure to enforce a right is not a waiver. These Terms and the policies referenced herein are the entire agreement between you and us regarding the Services and supersede prior agreements.
20) ASSIGNMENT
You may not assign or transfer these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations without consent.
21) GOVERNING LAW & DISPUTE RESOLUTION (KENYA)
These Terms and any separate agreements for the provision of Services are governed by the laws of the Republic of Kenya. You and Kava Kenya submit to the exclusive jurisdiction of the courts of Nairobi, Kenya.
Nothing limits your statutory consumer rights under Kenyan law (including the Consumer Protection Act, 2012 and the Data Protection Act, 2019).
22) HEADINGS
Headings are for convenience only and do not affect interpretation.
23) CHANGES TO THESE TERMS
You can review the current version of these Terms on this page. We may update these Terms from time to time. We’ll post changes here and, where required by law, provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance.
24) CONTACT INFORMATION
Questions about these Terms? Get in touch:
Kava Kenya
Ruhan Plaza Apartment
Kahawa Sukari, Ruiru, 20100, Kenya
Phone/WhatsApp: +254 702 251255
Email: dicksonomondi11@gmail.com