ARTICLE 1 - SUBJECT:
The subject of this contract covers the rights and the obligations of the parties in accordance with the Principals and the Procedures Regarding the Distance Contract Application with purpose of Protection of the Consumers concerning the sales and the delivery of the product with its indicated characteristics and sales price by the SELLER to the BUYER.
ARTICLE 2 – SELLER INFORMATION:
ARTICLE 3 – BUYER INFORMATION:
ARTICLE 4 – PRODUCT INFORMATION SUBJECT TO THE CONTRACT:
Type of Goods/Product/Service:
Sales Price (VAT included):
Person to be Delivered:
ARTICLE 5 – GENERAL PROVISIONS:
5-1 BUYER declares his confirmation as required in electronic environment regarding his/her knowledge of preliminary information about the sales price, the payment method and the basic characteristics of the product subject to this contract mentioned in the ARTICLE no.4 by reading them.
5-2 In case the product subject to this contract is supposed to be delivered to a person/organization other than the BUYER, the SELLER may not be held responsible of the refusal of the delivery of the person/organization to be delivered.
5-3 SELLER is responsible for the delivery of the product subject to this contract in a non-damaged and complete form and conforming to the characteristics indicated in the order, together with the user manual, if available.
5-4 The product subject to this contract is supposed to be delivered to the BUYER or to indicated person/organization on condition not exceeding the 7 days period, depending on the distance of BUYER’s place of residence.
5-5 For the delivery of the product subject to this contract, the payment of its price must be done with the payment method preferred by the BUYER and the signed copy of this contract must be already communicated to the SELLER.
5-6 In case of non-payment of the price of the product to the SELLER by the bank or financial institution due to the unfair and illegal use of the BUYER’s credit card by unauthorized people which does not result from BUYER’s mistake, the BUYER must return the product to the SELLER in 3 days on condition that it is already delivered to the BUYER.
5-7 The SELLER is obliged to inform the BUYER in case of a force majeure or adverse weather conditions which prevents the delivery or the traffic is shut and the delivery may not be done accordingly. In such cases, BUYER may exercise his right to cancel the order, to replace the product with its equivalent if available and/or to demand the postponement of the delivery until the impeding condition is disappeared. In case BUYER cancels the order, the paid amount will be returned in 10 days in cash and in once.
5-8 It is assumed that the entire scope of responsibilities as to ensuring compliance of the ordered product with and covering any potential expenses that may be required to compensate for possible contradictions is transferred to the BUYER upon completion of the order.
5-9 BUYER may inform the SELLER in case of any defective, malfunctioning or broken product sold. The delivery costs of the returned item will belong to the BUYER and the delivery costs of the repaired/replaced product will belong to the SELLER. Products returned later than 7 business days since the delivery date to the BUYER cannot be fully or partially refunded, only repaired or replaced.
5-10 The SELLER is not responsible for delivery problems caused by incorrect/incomplete address and contact information input.
Delivery cost will be charged from BUYER in case of product returns for these reasons.
ARTICLE 6 – RIGHT OF WITHDRAWAL:
BUYER has the right of withdrawal in (7) days starting from the date of delivery of the product subject to this contract to himself or to the indicated person/organization. In order to use the right of withdrawal, BUYER is supposed to announce this situation to the SELLER by fax, e-mail or phone and the product must be unused within the scope of the provisions of the ARTICLE no.7. In case of use of this right, the return of the original invoice and the copy of the delivery receipt concerning the delivery and delivery of the product to the SELLER or to a third person is obligatory. The price of the product must be refunded to the BUYER within the 7-10 days following the delivery of the returned product that complies with all the conditions mentioned in the Terms of Return to the SELLER. In case the returned package does not comply with the Terms of Return, the purchase price will not be refunded and the package will be sent back to the BUYER. The courier fee of the returned product that will arise from the use of the right of withdrawal will be borne by the BUYER.
Besides, for the non-returnable products due to their characteristics, single use products, or spoilable products, the right of withdrawal may not be used.
ARTICLE 7 – CANCELLATION OF THE ORDER:
BUYER is obliged to inform the cancellation of the order of the product subject to this contract within 24 hours by contacting the phone number provided on the Contact page of the SELLER’s website. In case the product is already sent by courier, you may not execute the cancellation of your order. The right of withdrawal is valid in the claims of return.
ARTICLE 8 – AUTHORIZED COURT:
The Courts in Kenya are authorized in applying the terms of this. In case the order is placed, all the terms of this contract are considered as accepted by the BUYER and the SELLER.
By virtue of the Articles No.5 and 6 of this Distance Sales Contract, BUYER accepts, commits and declares his required confirmation in electronic environment and his awareness about the Preliminary Information by reading them.
I, as a Consumer have read, comprehended and accepted all the subjects and points written in the Preliminary Information Document which is composed of this (1) page and have agreed and confirmed all these subject and points.
TERMS OF RETURN
Top Lady Lingerie customers may return merchandise purchased from Top Lady Lingerie up to seven (7) days after receipt of merchandise for a full refund of the purchase price.
A full refund will be given when the provided product is returned
· in undamaged condition
· in its original packaging
· with all documents included (invoice, delivery label etc.)
· accessories, manuals, etc. included
· a letter mentioning reason for return included.
Please pay attention to the following points;
The customer's responsibilities are:
- to make sure the address is written correct and complete so the parcel can be safely delivered to Top Lady Lingerie (packages not mentioning the company name, but only the delivery address may get lost by the carrier, or delivered incorrectly)
Top Lady Lingerie will not be held responsible for lost or damaged packages.
Additionally, Top Lady Lingerie is not responsible for the costs of return to our offices.
Returns will be processed by Top Lady Lingerie as quickly as possible. Please allow 7-10 business days from Top Lady Lingerie receipt of your package for payment refunds. When the product is received and inspected, Top Lady Lingerie will contact you via phone or e-mail to confirm receipt of the item. Upon inspection, if there are any issues or questions regarding the condition of the returned product, we will notify you at that time.
Any returned merchandise that doesn’t comply with our terms of return (see Section 1) will not be accepted and will be sent back to the buyer’s address. To avoid damage to the manufacturer’s original, labeled packaging, customers must outer-box the merchandise they are returning to Top Lady Lingerie. Please do not write, place labels or stickers on the manufacturer’s original packaging. If the product was not outer-boxed by Top Lady Lingerie when delivery to you, as is sometimes the case with larger merchandise, this requirement does not apply; but in this case, please do not write upon or otherwise mark the original packaging, other than with the return-delivery label.
Returns will not be accepted after 7 days without prior approval from Top Lady Lingerie management. Top Lady Lingerie will work with customers who have special circumstances, especially in regards to gifts, but reserves the right to refuse returns after seven (7) days period has elapsed.
In the unlikely event that you receive the wrong item(s) from Top Lady Lingerie , please contact us by phone or e-mail. We will arrange for the pick-up of the item(s), and we will deliver the correct item(s) to you once the initial delivery is delivered back to us. The customer will never pay additional delivery if Top Lady Lingerie is at fault.
If delivery receive an item you believe to be defective, please contact Top Lady Lingerie immediately, providing proof of the defect (photograph, video etc.) and we will arrange for the pick-up of the item(s) as soon as possible. The replacement of the item will be dispatched as soon as the initial product is delivered back to our address.
Standard return policy (Section 1) applies if the item is returned for a refund.
Disregarding the reason of return, the customer must notify Top Lady Lingerie beforehand at all times and not after the delivery is dispatched.