Terms & Conditions

This page describes to you the Terms and Conditions on which we manage our website www.clavisfashionhub.com and any of the fashion products listed therein.

Your access and use of the website will be interpreted as your acceptance of these Terms and Conditions together with the adjoining Privacy Policy, notwithstanding whether you decide to register with us. If you do not accept these Terms and Conditions, you are barred from accessing and using the Site.

Who We Are:

Clavis Fashion Hub is an online fashion store that sells ready-made and customized African Fashion which is made and designed here in Nairobi, Kenya. Customers can purchase or order online, and their goods will be delivered to them via a courier company.

We are duly registered under the company name Clavis Fashion Hub under company registration BN-2RCGGG8. Our registered business address is SIENS PLAZA, RIVER ROAD, NAIROBI STAREHE DISTRICT, CBD. P.O BOX 2353, 00100 - G.P.O NAIROBI. Our email address is clavis@clavisfashionhub.com.

International Law Compliance

These Terms and Conditions are bound in compliance with the regulations to comply with the dictates of the international regulation. We enlighten you on your rights and our obligations regarding the control and use of User’s/Customer’s information.

We do not disclose, divulge, sell, or share any data collected through our website to a third party apart from those specified in the Privacy Policy. We have designed our Services in such a manner that protects the privacy of our esteemed users regarding their personal information. We place great importance and value on our user’s right to privacy.

Availability of Service

We deliver our products worldwide. Delivery is based on location. In Kenya, delivery costs range from Kshs 200-1000. International deliveries cost Kshs 1,200 to anywhere in the world.

User/Customer Status

By using and placing an order on the website, you warrant and represent that:

• You are legally capable of entering into binding agreements.
• You are not less than 18 years of age.
• You are resident in Kenya and in one of the countries we service.

Formation of the Agreement between You and Us

After placing an order for a particular product, you will receive a notification email from us acknowledging that we have received your order. Please, this email does not mean that your order has been accepted. Your order represents your interest to purchase a product from our online store. All orders placed are subject to availability and our acceptance.

We will confirm the approval of your order by sending you a confirmation email stating that your ordered products have been dispatched. The agreement between us will only be formed when we send the Dispatch Confirmation to you.

If while placing the order, you made a mistake, such mistakes could be corrected by sending an email to us prior to the processing of the order. If the order has already been processed, no amendments or corrections could be made on such order. If the order has been dispatched, kindly return the products to us in compliance with our Returns Policy.

The Agreement will affect only the products whose dispatch we confirmed to you in the Dispatch Confirmation email. We are not duty bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in another Dispatch Confirmation. We are entitled, in our sole discretion, to refuse or reject any order made by you for any or no reason.

When submitting an order or a request, you represent and warrant that all details you provide to us are true, precise and accurate, that you are an authorized user of the card used to make the request and that there are adequate funds in your account to cover the entire cost of the product. It is your sole responsibility to inform us of any changes to these details promptly.

User Rights/Consumer

As a customer, you may cancel the agreement at any time within seven days after receiving the products. If you are an international user, pertaining to the contract, you may cancel the agreement anytime within 14 days. In this case, you will receive a full refund depending on our Returns Policy.

Product Availability and Delivery

Your ordered products will be delivered on the exact date stated on the Dispatch Confirmation, or in case of no specified delivery date, then within 30 days after the date of Dispatch Confirmation, unless there are unforeseen circumstances.

Product Prices and Payment

A lot of activities are taking place on and in our online store. From time to time, we may price up or inaccurately describe a product or promo. If we observe an error in any product you have ordered, we will promptly notify you and give you the opportunity to reconfirm your order at the actual or correct price or canceling the order for the product.

If we are unable to contact you, we will consider the order as canceled. If you proceed to cancel an order which you have already paid for, you will be fully refunded.

Our product prices include VAT (as applicable).

Payment will be through PESAPAL and M-Pesa. One-time coupon codes may be used where available and can be entered at checkout. Depending on the worth of your order, the delivery address, or option you opt for, delivery costs may also vary. Such additional costs will be displayed to you during the checkout process and will be included in the ‘Total Cost’ for the order.

Our Liability

If we are unable to deliver or the product we deliver is not the exact one you ordered or is defective or damaged, or the quantity delivered is incorrect, our obligation will be, at our discretion to:

• Make up for any shortage or wrong delivery or non-delivery.
• Repair or replace any product(s) that are defective or damaged.
• Refund the customer to the amount paid for the specific product.

We shall assume no liability to you for any special, consequential, or indirect damages or losses including, without limitation, loss of profits, revenues, business, contracts or anticipated savings, loss of or damage to reputation, goodwill, or data.

Without limiting the preceding, our aggregate liability to you under this Agreement or arising as a result of this contract shall not exceed the amount you paid for the product.

Nothing in this Agreement shall limit or exclude our liability for personal injury or death as a result of our negligence or any liability which is a result of our financial scandal or any other liability which we are not allowed to limit or exclude as subject to the applicable law.

Nothing in this Agreement shall limit or exclude your statutory rights.

An individual who is not bound by this Agreement has no rights under the Agreement.

Intellectual Property Rights

All and any Intellectual Property Rights concerning the products are owned strictly by us with no reservations.

Indemnification

You consent to defend, indemnify and hold Clavis Fashion Hub, its director, employees, agents, consultants, and affiliates harmless from any and all third-party liabilities, claims, damages, or costs arising, amongst other reasons, due to your violation of these Terms and Conditions, your breach of any intellectual property rights or any other rights of an individual or entity, or your violation of any obligation of privacy or confidence, or any derogatory statements made by you in any form.

Import Duty

If you order a product from our online store for delivery outside Kenya, the products may be subjected to certain import duties and taxes which are billed on the products when they reach the designated location. You will be accountable for any such import duties and taxes. Please be informed that we have no authority over these bills and as such; we cannot predict the actual amount. In this regard, you are advised to contact your local customs department for adequate information before placing your order.

Also, note that you must adhere strictly to all applicable regulations and laws of the country for which the products are intended to be delivered. We will not be responsible for any infringement of such laws by you.

Documented Communications

The laws governing these Terms and Conditions mandate that some of the communications or notifications we send to you must be written and well documented. When using our Site, you consent that communications with us will be mostly electronic. We will contact you via email or keep you informed by posting notifications on our Site.

For these Terms and Conditions, you consent to this electronic medium of communication, and you accept that all notices, contracts, communications, and other information that we provide to you electronically comply with the legal mandate that such communications be in writing and documented.

Notifications

All notifications given by customers to us must be sent to info@clavisfashionhub.com. We may send notifications to you via the email you submitted while placing an order. Notifications will be considered to have been properly served and duly received as soon as it is posted on our Site, 24 hours after an email has been sent, or 3 days after the notification has been posted in the form of a letter to your address. In confirming the service of any notice in the case of the email, such email was sent and delivered to the designated email address of the customer.

Circumstances Outside Our Reasonable Control

We will not be responsible or liable for any inability to perform or delay in performance of any of our rights and obligations under the agreement that is caused as a result of circumstances outside our reasonable control.

Circumstances include any event, act, omission, accident or non-happening beyond our reasonable control, including without limitation:

• Lock-outs, strikes or any other industrial action;
• Riot, civil commotion, terrorist attack, the threat of terrorist, invasion, war, attack (whether declared or not) or preparation or threat of war;
• Earthquake, fire, explosion, flood, storm, epidemic, subsidence and other natural disasters;
• Inability to use railways, aircraft, shipping, motor transport or any other means of private or public transportation;
• Inability to access or use any private or public telecommunications facilities;
• The legislation, decrees, acts, restrictions or regulations of any government.

Our performance and behavior under any Agreement are considered to be limited or suspended for the period in which the Circumstance is active. For this, we will have an extension of time for performance for the duration of that period. We will engage the use of our reasonable means to end the Circumstance or to find another way by which our rights and obligations under this agreement may be fulfilled despite the Circumstance.

Waiver

If we fail, under these Terms and Conditions, to insist upon strict performance of any of your rights and obligations under this Agreement or any of the Terms and Conditions, or if we fail to enforce any of the rights and remedies to which we are entitled under this agreement, this shall not be construed as a waiver of such rights or remedies and shall not relieve you of your compliance with the rights and duties. A waiver by us for any error or default shall not be deemed as a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions shall be considered effective unless it is expressly stated to be a waiver and is communicated to you in writing in compliance with the clause above (Documented Communications).

Severability

If any Terms and Conditions or provisions of the Agreement are considered by any competent legal authority to be unlawful, invalid or unenforceable to any level, such Terms and Conditions or provisions will to that level be severed from the remaining Terms and Conditions and provisions which will continue to be valid and effective to the fullest level permitted by the applicable law.

On the other hand, you consent that the clause shall be corrected and explained in such a way that is similar to the original meaning of the clause as the applicable law permits it.

The Entire Terms and Conditions

These Terms and Conditions and any other document referenced therein constitute the whole Agreement between us in connection with the subject matter of the Agreement and surpass any prior contract, arrangement or understanding between us, whether in writing or oral format.