⚖️ Terms of Service

Last Updated: January 31, 2025

These terms govern your use of NaiTeez's e-commerce platform and services in Kenya. Please read them carefully before making any purchases.

📋 Quick Summary

By using NaiTeez, you agree to purchase authentic products, respect our intellectual property, follow our return policy, and resolve disputes through Kenyan law. We're committed to protecting your data, providing quality products, and maintaining excellent customer service.

1. Definitions

In these Terms of Service, the following definitions apply:

  • "NaiTeez", "we", "us", "our" refers to NaiTeez Limited, a company incorporated in Kenya with offices at Tom Mboya Street, Nairobi, Kenya.
  • "Customer", "you", "your" refers to any individual or entity using our services or purchasing our products.
  • "Platform" refers to our website, mobile application, and any related services.
  • "Products" refers to all t-shirts and related merchandise sold through our platform.
  • "Services" refers to our e-commerce platform, customer support, delivery, and related services.
  • "Order" refers to a purchase request submitted through our platform.
  • "Account" refers to your registered user account on our platform.

2. Acceptance of Terms

By accessing or using the NaiTeez platform, placing an order, or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

⚠️ Important: If you do not agree to these terms, you must not use our platform or services.

Age Requirements

You must be at least 18 years old to use our services independently. Minors may use our services only with parental consent and supervision.

Legal Capacity

By using our services, you represent that you have the legal capacity to enter into binding contracts under Kenyan law.

3. Products & Services

Product Information

We strive to provide accurate product descriptions, images, and specifications. However:

  • Colors may vary slightly due to monitor settings and photography conditions
  • Measurements are approximate and may have minor variations within industry standards
  • Product availability is subject to stock levels and may change without notice
  • We reserve the right to discontinue products at any time

Pricing

All prices are displayed in Kenyan Shillings (KSh) and include applicable taxes unless otherwise stated. We reserve the right to:

  • Change prices at any time without prior notice
  • Correct pricing errors, even after an order has been submitted
  • Cancel orders placed at incorrect prices due to system errors

Availability

Product availability is updated regularly but not guaranteed in real-time. If an ordered item becomes unavailable, we will notify you and offer alternatives or a full refund.

4. Orders & Payment

Order Process

When you place an order:

  • You make an offer to purchase products at the prices displayed
  • We reserve the right to accept or decline your order
  • Order confirmation constitutes acceptance of your offer
  • A binding contract is formed upon our order confirmation

Payment Methods

We accept the following payment methods in Kenya:

  • M-Pesa (preferred method)
  • Airtel Money
  • Bank transfers
  • Cash on delivery (Nairobi only)
  • Debit/Credit cards (where available)

Payment Terms

Payment must be completed within 24 hours of order placement. Orders not paid within this timeframe will be automatically cancelled.

Order Cancellation

You may cancel your order:

  • Within 2 hours of placement if not yet processed
  • By contacting customer service immediately
  • Subject to payment processing and shipping status

5. Delivery & Shipping

Delivery Areas

We deliver to all 47 counties in Kenya through our network of delivery partners and pickup points.

Delivery Timeframes

  • Nairobi CBD: Same-day delivery for orders placed before 2 PM
  • Nairobi County: 1-2 business days
  • Major cities: 2-3 business days
  • Other counties: 3-7 business days

Delivery Costs

Shipping costs are calculated based on location and order value:

  • FREE delivery for orders above KSh 3,000 (Nairobi) or KSh 5,000 (upcountry)
  • Standard rates apply for smaller orders
  • Express delivery available at additional cost

Delivery Responsibilities

⚠️ Important: You are responsible for providing accurate delivery information. Additional charges may apply for failed delivery attempts due to incorrect addresses.

Risk of Loss

Risk of loss transfers to you upon delivery. We recommend inspecting packages immediately upon receipt.

6. Returns & Refunds

Return Policy

We offer a 7-day return policy from the date of delivery, subject to the following conditions:

  • Items must be unused, unworn, and in original condition
  • All original tags and packaging must be intact
  • Return must be initiated within 7 days of delivery
  • Hygiene items and customized products are non-returnable

Return Process

  1. Contact customer service to initiate a return
  2. Receive return authorization and instructions
  3. Package items securely with original packaging
  4. Arrange pickup or drop-off as instructed
  5. Await inspection and refund processing

Refund Timeline

Refunds are processed within 5-7 business days after we receive and inspect returned items. Refunds are issued to the original payment method.

Return Shipping

  • We cover return shipping if the return is due to our error
  • Customer covers return shipping for size exchanges or change of mind
  • Free first exchange for size issues within Nairobi

7. User Accounts

Account Creation

To access certain features, you may need to create an account. You agree to:

  • Provide accurate and complete information
  • Keep your account information updated
  • Maintain the confidentiality of your login credentials
  • Be responsible for all activities under your account

Account Security

🔐 Security: You are responsible for maintaining the security of your account. Notify us immediately of any unauthorized access.

Account Suspension

We may suspend or terminate accounts that:

  • Violate these terms of service
  • Engage in fraudulent activities
  • Abuse our platform or services
  • Remain inactive for extended periods

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Platform Misuse

  • Attempting to hack, disrupt, or damage our systems
  • Using automated tools to access our platform without permission
  • Interfering with other users' ability to use our services
  • Circumventing security measures or access controls

Fraudulent Activities

  • Providing false information during registration or ordering
  • Using stolen payment methods or personal information
  • Creating multiple accounts to abuse promotions
  • Attempting to defraud NaiTeez or other users

Content Violations

  • Posting or sharing illegal, harmful, or offensive content
  • Violating intellectual property rights
  • Submitting false reviews or ratings
  • Spamming or sending unsolicited communications

⚠️ Consequences: Violation of these terms may result in account suspension, legal action, and reporting to relevant authorities.

9. Intellectual Property

Our Intellectual Property

All content on our platform, including designs, logos, text, images, and software, is owned by NaiTeez or our licensors and is protected by:

  • Copyright laws
  • Trademark laws
  • Trade secret laws
  • Other intellectual property rights

Limited License

We grant you a limited, non-exclusive, non-transferable license to use our platform for personal, non-commercial purposes only.

Restrictions

You may not:

  • Copy, modify, or distribute our content without permission
  • Use our trademarks or logos without authorization
  • Reverse engineer our software or systems
  • Create derivative works based on our content

User Content

By submitting content to our platform (reviews, photos, etc.), you grant us a non-exclusive, royalty-free license to use, display, and distribute such content for business purposes.

10. Privacy & Data Protection

Data Collection

We collect and process personal data in accordance with:

  • The Kenya Data Protection Act, 2019
  • Our Privacy Policy
  • Applicable international data protection laws

Data Use

We use your data to:

  • Process orders and provide services
  • Improve our platform and customer experience
  • Communicate with you about orders and promotions
  • Comply with legal obligations

Your Rights

Under Kenyan data protection law, you have the right to:

  • Access your personal data
  • Correct inaccurate information
  • Request deletion of your data
  • Object to certain processing activities

🔒 Security: We implement appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction.

11. Limitation of Liability

Service Disclaimer

Our services are provided "as is" without warranties of any kind, express or implied. We do not guarantee:

  • Uninterrupted or error-free service
  • Complete accuracy of product information
  • Compatibility with all devices or browsers
  • Absolute security of data transmission

Liability Limits

To the maximum extent permitted by Kenyan law, our liability is limited to:

  • The amount paid for the specific product or service
  • Direct damages only (no consequential or indirect damages)
  • Claims made within one year of the incident

Exclusions

We are not liable for:

  • Force majeure events (natural disasters, government actions, etc.)
  • Third-party delivery service issues
  • User error or misuse of products
  • Damages resulting from unauthorized account access

⚠️ Consumer Rights: Nothing in these terms limits your statutory consumer rights under Kenyan law.

12. Dispute Resolution

Initial Resolution

Before pursuing formal legal action, you agree to:

  1. Contact our customer service team
  2. Provide detailed information about the dispute
  3. Allow us 30 days to investigate and respond
  4. Engage in good faith negotiations

Mediation

If direct negotiation fails, disputes may be resolved through mediation conducted by:

  • The Chartered Institute of Arbitrators (Kenya)
  • Any other mutually agreed mediation service
  • The Consumer Protection Authority of Kenya

Arbitration

For disputes exceeding KSh 100,000, either party may request binding arbitration under:

  • The Arbitration Act, 1995 of Kenya
  • Rules of the Chartered Institute of Arbitrators (Kenya)
  • Arbitration to be conducted in Nairobi, Kenya

Class Actions

You agree not to participate in class action lawsuits against NaiTeez. All disputes must be resolved individually.

13. Termination

Termination by You

You may terminate your account at any time by:

  • Contacting customer service
  • Following account closure procedures
  • Completing any pending orders

Termination by Us

We may terminate or suspend your account immediately if you:

  • Violate these terms of service
  • Engage in fraudulent or illegal activities
  • Abuse our platform or other users
  • Fail to pay for orders

Effect of Termination

Upon termination:

  • Your right to use our services ceases immediately
  • Outstanding orders remain valid until completed
  • Return and refund policies continue to apply
  • Certain provisions of these terms survive termination

14. Governing Law

Applicable Law

These terms are governed by and construed in accordance with the laws of the Republic of Kenya, including but not limited to:

  • The Constitution of Kenya, 2010
  • The Sale of Goods Act
  • The Consumer Protection Act, 2012
  • The Data Protection Act, 2019
  • The Computer Misuse and Cybercrimes Act, 2018

Jurisdiction

Any legal proceedings arising from these terms shall be subject to the exclusive jurisdiction of the courts of Kenya, specifically:

  • The High Court of Kenya at Nairobi
  • The Court of Appeal of Kenya
  • The Supreme Court of Kenya (for appeals)

International Users

If you access our services from outside Kenya, you agree that Kenyan law applies regardless of your location or nationality.

15. Changes to Terms

Modification Rights

We reserve the right to modify these terms at any time. Changes may be made to reflect:

  • Changes in applicable laws
  • New features or services
  • Business policy updates
  • Customer feedback and market conditions

Notification Process

When we make material changes, we will:

  • Post the updated terms on our website
  • Send email notifications to registered users
  • Provide 30 days notice for significant changes
  • Highlight major changes in the notification

Acceptance of Changes

Continued use of our services after changes are posted constitutes acceptance of the new terms. If you disagree with changes, you must stop using our services.

📧 Stay Informed: We recommend reviewing these terms periodically and ensuring your contact information is current to receive important updates.

📞 Contact Information

NaiTeez Limited

📍 Tom Mboya Street, Nairobi, Kenya

📧 legal@naiteez.co.ke

📞 +254 700 123 456

🕒 Monday - Friday: 8:00 AM - 6:00 PM EAT

🌐 www.naiteez.co.ke

📧 Email Legal Team 📞 Call Support

Document Information: This Terms of Service document was last updated on January 31, 2025, and is version 2.1. For questions about these terms, please contact our legal department at legal@naiteez.co.ke.