TERMS AND CONDITIONS
Welcome to the FactoryOutletEA.com, service provided by The Factory Outlet East Africa. In using the FactoryOutletEA.com service of The Factory Outlet East Africa you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on FactoryOutletEA.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. FactoryOutletEA.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of FactoryOutletEA.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
FactoryOutletEA.com reserves the right to terminate your membership and refuse to provide you with access to the Site if FactoryOutletEA.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by FactoryOutletEA.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Those who choose to access this Site from outside Kenya are responsible for compliance with local laws if and to the extent local laws are applicable. FactoryOutletEA.com will deliver the products only within its jurisdiction and will not be liable for any claims relating to any products ordered from outside its jurisdiction.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of FactoryOutletEA.com you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by The Factory Outlet East Africa’s registration form (such information being the “Registration Data”)
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, incomplete, or not current or if FactoryOutletEA.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, FactoryOutletEA.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While FactoryOutletEA.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. FactoryOutletEA.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FactoryOutletEA.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, FactoryOutletEA.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and FactoryOutletEA.com will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FactoryOutletEA.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to FactoryOutletEA.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No cash disbursement shall be made under any condition whatsoever.
We strive to provide you with the best prices possible on FactoryOutletEA.com and all sites under The Factory Outlet East Africa. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without prior notice.
It takes 1 – 2 business days to deliver your order within Kenya. In case of items such as refrigerators, televisions of size 50” and above, washing machines and other major appliances, which are delivered by the supplier, the delivery may take 5 – 7 business days. Deliveries outside Kenya are subjected to additional charges based on the category of the products.
Cancellation by FactoryOutletEA.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department, cases where we find that the customer is manipulating the account to place multiple orders. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. No cash disbursement shall be made under any condition whatsoever.
In order to ensure top-quality customer experience, we adhere to very stringent quality control measures. All orders must pass our quality checks before they are dispatched. We reserve the right to cancel an order partially or fully if we find any fault in the ordered item(s). We shall notify you if that happens.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. FactoryOutletEA.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by FactoryOutletEA.com and accept FactoryOutletEA.com’s decision regarding the cancellation.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on FactoryOutletEA.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to FactoryOutletEA.com. Further the said information will not be utilized or shared by FactoryOutletEA.com with any of third parties unless required for fraud verifications or by law, regulation or court order. FactoryOutletEA.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions
FactoryOutletEA.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. FactoryOutletEA.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
FactoryOutletEA.com will not process orders that have one or more of the characteristics below:
Customer can claim a refund in such cases where money is deducted from their account. However, the order will not be fulfilled under any circumstances.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm
You may not use the Site/mobile app for any of the following purposes:
We have made every effort to display the colors of the products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Delivery costs are based on a combination of the following:
Costs can be considerably higher for international destinations. Generally, buyers pay additional costs such as duties, taxes, and customs clearance fees. For example, international rates may or may not include pickup and door-to-door delivery with customs clearance. An “extended area surcharge” may apply to buyers depending on their international locations.
This shipping information is provided to you for general information purposes and may not be applicable or accurate for shipments processed with some carriers or for goods shipped across certain international borders. For international shipments, please also check with countries whose borders your shipment may cross for any additional rules, regulations, duties, or taxes that apply.
You should always insure international shipments if the carrier does not provide automatic coverage. Check with the carrier for insurance regulations for each country, they may vary.
Modification of Terms & Conditions of Service
FactoryOutletEA.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on FactoryOutletEA.com. You should regularly review the Terms & Conditions on FactoryOutletEA.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of Kenya. The Nairobi, Milimani Law Courts shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by The Factory Outlet East Africa and his decision shall be final and binding on the parties hereto. The arbitration shall be held in Nairobi. The laws of Kenya shall be applicable in such aspects. Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to FactoryOutletEA.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain property of FactoryOutletEA.com. Such disclosure, submission or offer of any Comments shall constitute an assignment to FactoryOutletEA.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, FactoryOutletEA.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise. FactoryOutletEA.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. FactoryOutletEA.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. FactoryOutletEA.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant FactoryOutletEA.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify FactoryOutletEA.com and its affiliates for all claims resulting from any Comments you submit. FactoryOutletEA.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
The Factory Outlet East Africa’s customer touch-points including website, mobile app, social media, are for customers to interact with The Factory Outlet East Africa to enquire about products, promotions, availability and to resolve any related issues in accordance with the prevailing Kenyan laws governing such interactions. The Factory Outlet East Africa reserves the right to take appropriate action including legal recourse incase customers act against any such prevailing laws at any of the The Factory Outlet East Africa customer touch-points.
Copyright & Trademark
FactoryOutletEA.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of FactoryOutletEA.com or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to FactoryOutletEA.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of FactoryOutletEA.com. You may not modify, distribute or re-post anything on this website for any purpose. The FactoryOutletEA.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of The Factory Outlet East Africa. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply FactoryOutletEA.com endorsement, sponsorship or recommendation of the third party, information, product or service. FactoryOutletEA.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of FactoryOutletEA.com or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by FactoryOutletEA.com, one of its affiliates or by third parties who have licensed their materials to FactoryOutletEA.com and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of FactoryOutletEA.com and is also protected by international copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, FactoryOutletEA.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless FactoryOutletEA.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to FactoryOutletEA.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to your failure to fulfil any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or FactoryOutletEA.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. FactoryOutletEA.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to FactoryOutletEA.com. Upon any termination of the User Agreement by either you or FactoryOutletEA.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. FactoryOutletEA.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Stock Status “On Demand”
Please note that items marked as “On Demand” will be ordered on your demand after payment. This will not guarantee the stock availability within our supplier and we will do our best to provide you the item as soon as possible.
When you visit the Website or send emails to FactoryOutletEA.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER : The Factory Outlet East Africa holds the rights to cancel any order in any of the cases below:
Fraudulent Transactions : The Factory Outlet East Africa holds the rights to cancel orders made with fraudulent email ID, payment method and all kinds of bulk purchases. For placing bulk orders, customers are requested to contact us via FactoryOutletEA.com
Wrong Image : Images are meant for illustrative purposes only. Customer buys a product where the image was wrongly advertised.
Wrong Price : Prices are updated in bulk. If a wrong price is advertised on the website.
Wrong Description : Mistakes may occur while capturing information from the internet. Certain products may have different features in different region. Customer buys a product which may not have a feature which is advertised.
Product visuals shown are for illustrative purposes only. prices are subject to change.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and FactoryOutletEA.com with respect to the FactoryOutletEA.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FactoryOutletEA.com with respect to the FactoryOutletEA.com sites and services. FactoryOutletEA.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
The standard transaction currency on our e-commerce portal is Kenya Shillings (KSh). If the customer is using a credit card supplied by banks other than those in the Kenya, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited.
Country of Merchant Domicile:
The Factory Outlet East Africa is a registered company in Kenya.
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