Terms and Conditions

1. These Terms

1.1 These are the terms and conditions on which we, Nairobi Sports House Limited, a company registered and incorporated in the Republic of Kenya will facilitate the supply and delivery of products and services (“terms” or “contract”) in the Republic of Kenya.

1.2 These terms tell you who we are, how we provide products to you, how you and we may change or end the contract or what to do if there is a problem with your order and other important information.

1.3 By accessing the website, you confirm and agree that you understand and accept these terms which are legally binding upon you and create a contract between you and us

1.4 We reserve the right, to change, modify, add, or remove portions of these terms and conditions at any time. In this event any new changes will take effect from the date when the new terms are posted on the website.

2. Our Products

2.1 You acknowledge that the products displayed on this website are owned but not manufactured by us but by third party suppliers

2.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to have the products displayed accurately (including the colours), we cannot guarantee the image fully reflects the products and as such, your product may vary slightly from those images.

2.3 The packaging of the product may vary from that shown in images on our website.

3. Price and Payment

3.1 Prices of products indicated on the website /order sheet are in Kenya Shillings (inclusive of applicable taxes)

3.2 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

3.3 We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

3.4 We accept payment for the products by way of mobile money M-PESA payments or any other designated mode of payment indicated on our website.

4 . Order and Delivery

4.1 You shall order and pay for the products using the procedure specified on this website.

4.2 The costs of delivery and probable date of delivery will be as displayed to you on the order sheet.

4.3 We are not responsible for delays due to reasons beyond our control. In case of delay due to courier or a reason beyond our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

4.4 If no one is available at your address or the address provided by you to take delivery we will notify you of how to rearrange for delivery.

4.5 If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions If we are unable to contact you or re-arrange delivery or collection we may terminate the contract in accordance with clause 8 below.

4.6 We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract. We will not be responsible for supplying the products late or not supplying any part of them caused by you due to no or insufficient information.

5. Title and Risk

5.1 You shall take up any risk of any damage or loss to a product from the time we deliver the product to the address provided by you.

5.2 You are responsible for the product from the date we deliver it to you and should take out insurance for it.

5.3 You shall own a product only after we have received full payment for it.

6. Suspension of Supply

6.1 We have the right to suspend the supply of a product for any reason whatsoever

6.2 We will contact you in advance on the contact information provided by you to notify you if we intend to suspend the supply of a product

7. User’s Liability

7.1 The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.

7.2 You agree to comply with all applicable laws in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from us.

7.3 To register with & shop with nairobisportshouse.online you must be eighteen years of age or over. Our website is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website, we are entitled to remove his or her account from our system and cancel any order placed by him or her.

7.4 You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted

7.5 You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:

7.6 You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Nairobi Sports House to purchase the products and /or services from Nairobi Sports House, and pay the transaction price to Nairobi Sports House using appropriate Payment Facility.

7.7 You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.

8. Termination of Contract

8.1 This User Agreement shall be effective form the date and time of your acceptance of the Terms of the Website and remain in force unless and until terminated by either of us.

8.2 You may terminate this Agreement at any time, provided that you discontinue any further use of this Site.

8.3 We 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 us.

8.4 Upon any termination of the User Agreement by either of us, 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.

8.5 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.

8.6 We may end the contract for a product at any time by writing to you for any reason whatsoever including if:

• (a) you do not make any payment to us when it is due; or
• (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
• (c) you do not, within a reasonable time, allow us to deliver the products to you or allow us access to your premises to supply the services.

8.7 If we end the contract in the situations set out in clause 8.6 above we will refund, in accordance with our refunds or returns policy as set out on this website, and as modified by us from time to time and which is hereby incorporated to and forms a part of these terms and conditions, any money you have paid in advance for products we have not provided.

8.8 Where the contract is terminated for reasons related to your conduct, we may deduct or charge you such amount as is specified in our refunds or returns policy or other reasonable amount as compensation for the net costs we will incur as a result of terminating the contract.

9. DISCLAIMER: This Website provides Content without any warranties or guarantees and in an "As Is" and "where is" basis. You must bear the risks associated with the use of the Site.

This Website provides content from other Internet sites or resources and while Nairobi Sports House and its software support service provider tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Nairobi Sports House and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. Nairobi Sports House, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Nairobi Sports House and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

10. Personal Information

10.1 The use of this website or certain services may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us in writing of any unauthorized use of your password or account.

10.2 We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the website. You can subsequently opt out of receiving such promotional e-mails in the manner prescribed by clicking on the link at the bottom of any promotional email.

10.3 Your personal information will be required by us to provide the services. By using the website, you hereby grant us to use such personal information to provide the services. You also grant us the authority to provide such information to third party suppliers and providers who we may engage to provide services.

11. Intellectual Property

11.1 Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

11.2 Data Protection Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

12. Notices, instructions and other communications

12.1. Any notification or other communication given to us under this contract shall be as specified or required under the website or in writing and sent to the address set out below or such other address as may be notified by us to you and such notice to us shall take effect upon its actual receipt by us:

Manager E-Commerce

Nairobi Sports House Limited

P.O Box 45458 -00100

Nairobi, Kenya

Email sales@nairobisportshouse.com

12.2 All written communications by us to you under this contract shall be sent to the last postal or e-mail address notified to us by you or by posting such information on our website and shall be deemed to have been received by you when sent to the relevant address or when posted on our website as the case may be.

12.3 We may record telephone conversations with you without the use of a warning tone, and may use the recordings as evidence in the event of a dispute.

12.4. All communications between us under this contract and documents and other information provided by us to you in connection with our services shall be in English.

13. Other Important Terms

13.1 These terms and conditions contain the entire agreement between the you and us with respect to the supply and delivery of our Product to you and supersedes all previous agreements and understandings between us.

13.2. You undertake to indemnify, on demand, and keep us, our directors, our agents and employees fully and effectively indemnified against all loss, costs, charges, liabilities and expenses howsoever incurred by us, our directors, our agents or employees as well as all actions or proceedings which may be brought against us or any of them pursuant to or in connection with:

• (a) the purchase of any product by you;
• (f) any breach of law by you;
• (g) any failure by you to perform or observe any of your obligations under this contract;

13.3 Nothing in these terms and conditions are intended to or shall be construed as establishing or implying any partnership of any kind between us, nor constitute either you or us as the agent of the other or otherwise entitle you or us to bind the other for any purpose.

13.4 We may assign or transfer our rights and obligations under these terms to a third party.

13.5 You shall not assign or transfer your rights to someone else without our consent.

13.6 Your rights under this contract are specific to you.

13.7. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.8 Whilst we shall endeavour to comply with our obligations in a timely manner you hereby irrevocably agree that we shall incur no liability whatsoever for any partial or non-performance of our obligations by reason of any cause beyond our reasonable control including but not limited to any communications, systems or computer failure, market default, suspension, failure or closure, or the imposition or change (including a change of interpretation) of any law or governmental or regulatory requirement and we shall not be held liable for any loss you may incur as a result thereof.

Arbitration

Any dispute arising between us from these terms shall be determined at first instance by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. In the default of settlement in the first instance by reference by either Party to arbitration by the Chartered Institute of Arbitrators, Kenya Branch in accordance with its rules.

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party.

The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English.

The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
Applicable Law

These terms are governed by and construed in accordance with Kenyan law.