1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Pinchez Merchants ("we," "us," or "our") regarding your use of our website at pinchezmerchants.com and our services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
2. Description of Service
Pinchez Merchants is an e-commerce platform that provides:
- Online retail of electronics, home appliances, and consumer goods
- Product browsing and comparison tools
- Secure payment processing
- Order management and tracking
- Customer support services
- Delivery services within Kenya
3. User Accounts
3.1 Account Creation
To access certain features of our service, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Notify us immediately of unauthorized use
3.2 Account Termination
We reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users or our business.
4. Orders and Payments
4.1 Order Process
- All orders are subject to acceptance and availability
- We reserve the right to refuse or cancel orders at our discretion
- Prices are subject to change without notice
- Product availability is not guaranteed until payment is confirmed
4.2 Payment Terms
- Payment must be received before order processing
- We accept M-Pesa and other approved payment methods
- All prices are in Kenyan Shillings (KES) unless otherwise stated
- You are responsible for any applicable taxes
4.3 Order Confirmation
Order confirmation emails serve as acknowledgment of your order. A contract is formed when we accept your order and payment is confirmed.
5. Shipping and Delivery
- Delivery is available within Kenya to specified locations
- Delivery times are estimates and not guaranteed
- Risk of loss transfers to you upon delivery
- You must inspect items upon delivery and report any issues immediately
- Delivery charges are calculated based on location and order value
6. Returns and Refunds
6.1 Return Policy
- Returns must be initiated within 7 days of delivery
- Items must be in original condition with packaging
- Some items may be non-returnable (perishables, custom items)
- Return shipping costs may apply
6.2 Refund Process
Approved refunds will be processed within 5-10 business days to the original payment method. Refunds may be subject to processing fees.
7. Product Information
We strive to provide accurate product information, but we do not warrant that:
- Product descriptions are accurate, complete, or error-free
- Colors displayed on your device match actual products
- All products shown are available for purchase
- Pricing information is current or error-free
8. Prohibited Uses
You may not use our service to:
- Violate any applicable laws or regulations
- Transmit harmful or malicious code
- Attempt to gain unauthorized access to our systems
- Impersonate any person or entity
- Engage in fraudulent activities
- Interfere with or disrupt our services
- Use our service for commercial purposes without authorization
9. Intellectual Property
Our website and its content, including but not limited to text, graphics, logos, images, and software, are owned by or licensed to Pinchez Merchants and are protected by intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
10. Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, express or implied, including but not limited to:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, completeness, or reliability of content
- Uninterrupted or error-free service
11. Limitation of Liability
To the maximum extent permitted by law, Pinchez Merchants shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or business opportunities
- Damages exceeding the amount paid for the relevant product or service
- Acts of God, natural disasters, or other force majeure events
12. Indemnification
You agree to indemnify and hold harmless Pinchez Merchants from any claims, damages, or expenses arising from your use of our services, violation of these Terms, or infringement of any rights of others.
13. Governing Law
These Terms are governed by the laws of Kenya. Any disputes shall be resolved in the courts of Kenya, and you consent to the jurisdiction of such courts.
14. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of our services after such changes constitutes acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
Email: legal@pinchezmerchants.com
Support: support@pinchezmerchants.com
Address: Nairobi, Kenya