1. WHO WE ARE
We are BRIGHT FUTURE PRIVATE LIMITED(Company no. 973005-A) having our business address at I&M Bank 2ND Ngong Avenue, Nairobi, Kenya Nairobi trading as www.hillmarten.com. (“HILLMARTEN”).
1.1 HILLMARTEN is a Trade Mark Owned By Bright Future Private Limited., a company registered in Kenya.
1.2 These Terms and Conditions are our copyrighted intellectual property. Any use by third parties, even of extracts of the Terms and Conditions, for the commercial purposes of offering goods and/or services is not permitted. Infringements may be subject to legal action.
1.3 In event there exists a conflict between the English version and the Kiswahili version of these terms and conditions, the English version shall prevail.
In these Terms and Conditions:
- "Account" means the HILLMARTEN Account that you will need to register for on the Site if you would like to submit an Order on the Site;
- "Business Day" means any day on which banks in Kenya open for business;
- ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below;
- "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
- "Customer" means any individual who places an Order on the Site;
- "Order" means the Order submitted by you to the Site to purchase a Product from us;
- "You" means the Customer who places an Order;
- References to "clauses" are to clauses of these Terms and Conditions;
- Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
- Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
- References to "includes" or "including" or like words or expressions shall mean without limitation.
To place an Order with HILLMARTEN you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with HILLMARTEN only with involvement of a parent or guardian.
You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a offence under Section 233 of the Communications and Multimedia act 1998. In the event such breach occurs, HILLMARTEN will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.
5. ENTIRE AGREEMENT
5.1 These Terms and Conditions shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and HILLMARTEN and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that, in entering into this Contract, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
6. TERMS OF SALE
(a) To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
(b) You shall not misuse the Site by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until we have shipped the Products to your address.
(b) To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
(c) An Order is only considered accepted by us upon your Order being shipped to the delivery address provided by you.
(d) A Contract will relate only to those Products which we deliver to you. If your Order consists of more than one Product, the Products may be delivered to you in separate packages at separate times.
6.2 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund.
(a) Where applicable, prices are inclusive of VAT and are in Kenyan Shilling. Delivery costs will be charged in addition where applicable; such additional charges are clearly displayed and included in the ‘Final Total’.
(b) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(c) You can pay using any of our payment partners listed on our homepage or use the cash on delivery payment method. Similarly you can pay all or part of the price of your Order using an e-gift cards, store credit or a promotional voucher.
(d) E-gift cards and promotional vouchers must be entered at the check out page online only. Physical presentation of vouchers to HILLMARTEN personnel will not be accepted.
(e) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(f) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any Products from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.
If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.
We will not be liable to you or any other third party by reason of our withdrawing any Product from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.
7.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
7.2 We shall notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may be required to sign for delivery. You may contact HILLMARTEN Customer Service Team at 0701006362 or firstname.lastname@example.org in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
7.5 We deliver in our standard packaging.
7.6 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on HILLMARTEN in the future.
7.7 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
7.8 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within one week of our first attempt to deliver the Product to you) accept delivery, we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us; or
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.8 (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
7.9 In event there exists a conflict of total cart size which entitle free shipping, the value on website shall prevail.
8. CANCELLATION BY CUSTOMER (NON-FAULTY PRODUCT)
If you wish to cancel your Order please contact our Customer Service Team on Live Chat or Contact Us page.No cancellation fees shall be applicable. Once an Order has been dispatched it may not be cancelled and the item must instead be returned to the company according to guidelines provided by the Customer Service Team (Please call the above stated number or refer to your return-slip provided in your received parcel).
9. RETURNS AND REFUNDS POLICY
9.1 If you are not completely satisfied with your purchase, you may return the Product to us within Seven (7) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Site.
9.2 All items must be received by HILLMARTEN in order for a customer to be eligible for a refund or replacement. You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
9.3 We provide a pre-paid return shipping service to ensure the best possible online shopping experience for you. Please refer to the pre-paid shipping label in the parcel sent to you. If you are unable to find the pre-paid shipping label, please call our Customer Service Team at 0701006362. For more details please refer to the FAQ (http://www.hillmarten.com/faq-returns/)
9.4 You may process returns by contacting our representatives. We do not honour any walk-in returns.
9.5 Your returned Products together with your return slip, are usually received and accepted at our warehouse within five (5) days after the drop-off at the post office counters. We will refund you via store credit which you may utilize for your next purchase. In event you prefer to refunded by different means please call our Customer Service Team at 0702006362 or email email@example.com and we will try our best to assist you.
10. FAULTY PRODUCTS
10.1 All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
10.2 Product image as seen on the Site may slightly differ from the actual Product that you receive.
10.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
10.4 Upon receipt of the Products, we will examine it and we will advise you on the status of the replacement or refund (if any) via email as soon as practicable.
10.5 HILLMARTEN may at its discretion refuse to process a replacement/exchange order however may offer a refund as a substitute remedy subject to clause 9.
10.6 In the event the Product returned is not faulty, we may at our discretion decide not to replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
11.1 You may use promotional vouchers and e-gift cards while making payment for Products on the Site. Specific details for promotional vouchers and e-gift cards are listed below.
11.2 To redeem vouchers in your Account or check an existing credit, please visit "My User Account" on the Site. Subject to clause 14.1, we accept no Liability for errors in the email address of the voucher recipient.
11.3 Promotional vouchers must be entered at the check out page online only. Physical presentation of vouchers to HILLMARTEN personnel/Delivery staff will not be accepted.
11.4 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with an e-gift cards purchase or redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payment.
11.5 We assume no Liability for the loss, theft or illegibility of gift or promotional vouchers.
11.6 In rare cases, HILLMARTEN may at its sole discretion discontinue or cancel any voucher previously issued and will not be responsible for any losses arising therefrom.
11.7 Conditions for the redemption of promotional vouchers:
From time to time we may distribute promotional vouchers that may be used only on the Site, which we will send to you either by email or post:
(a) Promotional vouchers are valid for the specified period stated on the voucher, can only be redeemed once and may not be used in conjunction with other promotional vouchers and discounted items. We may exclude individual brands from voucher promotions in accordance with our sales strategies.
(b) You may redeem only ONE voucher per promotional campaign. HILLMARTEN reserves to the right to cancel any subsequent orders made by you using a voucher of the same promotional campaign.
(c) If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
(d) The credit of a promotional voucher does not accrue interest nor does it have a cash value.
(e) If the credit of a promotional voucher is insufficient for the Order you wish to place, you may make up the difference using one of our accepted payment methods.
(f) For cash vouchers stipulated for a KSh xx sum, If you choose to return the product, you will not be refunded the value of the cash voucher. However if you paid partly with your own funds, this portion will be refunded.
11.8 Conditions for the redemption of e-gift cards:
You may purchase e-gift cards for use on the Site by you or other Customers. The conditions in clause 11.7 shall apply to e-gift cards. These e-gift cards will be sent by email.
(a) E-gift cards cannot be used to buy further e-gift cards. E-gift cards may only be purchased through debit card, credit card or PayPal.
(b) The credit of a e-gift cards does not accrue interest nor does it have a cash value.
(c) An order for a e-gift cards can be cancelled by contacting us on Live Chat or Contact Us page or email firstname.lastname@example.org . A voucher is considered to have been redeemed if it is used as payment in placing an Order.
(d) If the credit of a e-gift cards is insufficient for the Order you wish to make, you may make up the difference using one of our accepted payment methods.
12. DISCLAIMER OF LIABILITY
12.1 The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, HILLMARTEN and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
You agree to indemnify, defend, hold harmless HILLMARTEN, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.
14. GUARANTEE AND COMPLAINTS MANAGEMENT
14.1 HILLMARTEN shall perform its obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our Customer satisfaction. You may contact us at any time using the contact details given in clause 6.4 of these Terms and Conditions. We will attempt to address your concerns as soon as possible and will contact you on receipt of any relevant enquiry or complaint.
14.3 In the event of a complaint it will help us if you can describe the subject of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the Order number that we assign you in the Order Confirmation. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you. Should you not have received any response from us within five (5) Business Days, please make further enquiries.
15. PERSONAL DATA PROTECTION
16. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)
16.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
16.2 In the circumstance that the Force Majeure event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
16.3 If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
16.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.
Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.
(a) Notices given by post shall be deemed to have been served with two Business Days of being posted to the recipients address within Kenya.
(b) Any notice given by email shall be deemed to have been served within two (2) Business Days of the email being sent.
In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or dispatched or a delivery report received.
18. INTELLECTUAL PROPERTY RIGHTS
18.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of HILLMARTEN or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by HILLMARTEN and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
18.2 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks of HILLMARTEN in Kenya and other countries. HILLMARTEN's trademarks may not be used in connection with any product or service that is not provided by HILLMARTEN, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HILLMARTEN. All other trademarks not owned by HILLMARTEN that appear on the Site are the property of their respective owners.
18.3 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
18.4 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event HILLMARTEN becomes aware of any infringement of its intellectual property rights, it shall not refrain from taking any relevant legal action.
18.5 If you print, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by HILLMARTEN or its licensors.
19. LINKS TO THE SITE
19.1 You may link to our home page, provided you do so in a way that is legal and is not likely to damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
19.2 You must not establish a link from any Site that is not owned by you.
19.3 This Site must not be framed on any other Site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
No failure or delay by us or you in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.
If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
24. THIRD PARTY RIGHTS
No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
25. GOVERNING LAW
These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Kenyan Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Kenyan Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.