Welcome to Kenyan Boutique, a marketplace for buying and selling products related to fashion and accessories. These terms and conditions (“Terms”) govern your use of our website, boutique.co.ke (the “Site”), and your relationship with Kibali Boutique Solutions trading as Kenyan Boutique (“we”, “us”, or “our”). By using the Site, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not use the Site.
- Eligibility
To sell products on the Site, you must be a registered business and agree to provide accurate information about yourself, your business, and your products. This includes providing your business name, contact information, and any necessary documentation to verify your identity and business information. We reserve the right to verify your identity and business information and to refuse or terminate your account if you provide false or misleading information.
- Listing and Selling Products
As a seller on the Site, you are responsible for creating your own seller profile and listing your products for sale. You must ensure that your products and product descriptions are accurate, complete, and not misleading. This includes providing detailed information about the product, including size, color, materials, and any other relevant details. You must also ensure that your products comply with all applicable laws and regulations, including those related to intellectual property, labeling, and consumer protection.
When listing your products for sale, you must provide accurate pricing information and ensure that your products are appropriately categorized. You must also ensure that your products are in good condition and free from defects before listing them for sale.
- Commission
We will take a commission of 7% on all sales made through the Site. The commission will be deducted from the sale price before the remaining amount is paid to the seller. The commission will be charged on the final price of the product, including shipping and handling charges.
It is important to note that we reserve the right to change the commission rate at any time, without prior notice. However, any changes to the commission rate will be availed through an update on our website and/or through an email notification to our registered users. This right is in accordance with the terms and conditions outlined in our user agreement, and any changes to the commission rate will be reflected in the agreement.
By using our Site, users agree to be bound by any changes to the commission rate. Furthermore, any disputes arising from changes to the commission rate will be resolved through binding arbitration as outlined in the user agreement.
- Product Returns and Refunds
Buyers have the right to return products if they do not receive what they ordered or if there was a misrepresentation in the product listing. It is your responsibility as a seller to ensure buyer satisfaction and to handle any returns or refunds in accordance with our returns and refunds policy.
You must accept returns within 14 days of the delivery date and in the condition in which the product was received. You must also provide a refund or replacement product as appropriate. If a buyer requests a refund due to a misrepresentation in the product listing, you must also refund the cost of shipping and handling.
- Warranties
As a fashion store, warranties may apply to certain products, such as watches. It is your responsibility as a seller to indicate whether or not your products come with a warranty and to handle any warranty claims in accordance with the terms of the warranty.
You must provide detailed information about the warranty in the product listing, including the duration of the warranty and any exclusions or limitations. If a buyer returns a product due to a defect covered by the warranty, you must either repair or replace the product or provide a full refund.
- Intellectual Property
You must ensure that you have the right to sell any products that you list on the Site and that you do not infringe on the intellectual property or other rights of any third party. This includes ensuring that your products do not infringe on any patents, trademarks, copyrights, or other intellectual property rights.
We will not be liable for any infringement of intellectual property or other rights that occurs as a result of your use of the Site. If we receive any notice of alleged infringement, we reserve the right to remove the infringing product listing and/or terminate your account.
- Termination
We reserve the right to terminate your account at any time and without notice for any reason, including but not limited to breach of these Terms, fraud or misrepresentation, or violation of applicable laws or regulations. If your account is terminated, you will no longer be able to sell products on the Site and all of your listings will be removed.
- Dispute Resolution
Any disputes between buyers and sellers regarding transactions on the Site will be resolved through negotiation and mediation. If the parties are unable to reach a resolution, the dispute may be referred to a court of competent jurisdiction in Kenya. As a seller, it is your responsibility to respond promptly and professionally to any disputes or complaints raised by buyers.
In the event of a dispute, buyers will be asked to provide evidence of the issue and you will be given the opportunity to provide your side of the story and any evidence you have to support your case. We will review all evidence provided and make a decision based on the information available.
- Governing Law
These Terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of Kenya. By using the Site, you agree to submit to the exclusive jurisdiction of the courts of Kenya for the resolution of any disputes arising out of or related to these Terms.
- Privacy
We respect the privacy of our users and will handle any personal data in accordance with our Privacy Policy.
- Seller Responsibility
As a seller on our platform, you have a responsibility to ensure that you comply with all applicable privacy laws and regulations, including those related to the collection, use, and storage of personal data from buyers. This includes obtaining any necessary consent from buyers for the collection, use, and storage of their personal data in accordance with applicable laws and regulations.
You must also take reasonable steps to protect the personal data you collect from buyers from unauthorized access, use, or disclosure. This includes implementing appropriate technical and organizational measures to secure personal data, such as encryption or access controls.
It is important to note that you should never share or disclose any personal data of buyers without notice to us, and without obtaining the appropriate consent from the buyer. If you wish to share personal data with a third party, you must first obtain written consent from the buyer and notify us of your intention to share the data.
In addition, you must promptly notify us if you become aware of any unauthorized access, use, or disclosure of personal data that you have collected from buyers. You must also cooperate with us in any investigations or actions related to such incidents.
- Data Collection
We may collect and store the following information from our sellers: contact information (e.g. name, email address, phone number), financial information (e.g. bank account or payment processor details), and information about products or services sold through our platform. Additionally, for companies, we may require an identity document such as a business registration certificate or a government-issued ID for the authorized representative of the company to verify the company’s identity.
It is important that the information provided to us is accurate and up to date. If we discover that the information provided is incorrect or false, we reserve the right to terminate your account and access to our platform immediately.
- Data Sharing
We may share some or all of this information with third parties, such as payment processors or financial institutions, as necessary to facilitate transactions and provide our services. However, we will only share personal data with third parties in compliance with applicable laws and regulations and with the seller’s consent.
We also remind that in case of any violations of any applicable privacy laws and regulations, we have the right to terminate your account and access to our platform immediately.
- Changes to Terms
We reserve the right to make changes to these Terms at any time and without notice. Your continued use of the Site following any changes to these Terms will indicate your acceptance of the new terms. We will notify you of any significant changes to these Terms through the Site and/or by email.
- Compliance with laws
As a seller, you are responsible for complying with all applicable laws and regulations, including those related to taxes, product labeling, and consumer protection. You must also ensure that your products comply with any applicable safety standards.
- Indemnification
As a seller, you agree to indemnify and hold us harmless from any claims, damages, losses, and expenses, including legal fees, arising out of or related to your use of the Site or any breach of these Terms.
By using the Site, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you have any questions or concerns about these Terms, please contact us at [email protected].