Welcome to www.shakimgears.co.ke. These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with Shakim Gears, an ecommerce company based in Nairobi, Kenya, offering a wide range of products including tactical gear, outdoor gear, cycling gear, motorbike gear, biking accessories, and apparel & accessories (collectively, the “Services”) through our website www.shakimgears.co.ke (the “Service”).
Please read these Terms and Conditions carefully before using the Service operated by Shakim Gears (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, email address, phone number, and shipping address. By making a Purchase, you represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Purchase.
Order Acceptance and Cancellation
All orders placed through the Service are subject to acceptance by us. We reserve the right to refuse or cancel any order for any reason at any time. Some situations that may result in your order being canceled include limitations on quantities available for purchase, compliance with our Terms, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Pricing and Availability
All prices are subject to change without notice. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Availability of products and services is subject to change without notice. We will not be liable for any lack of availability of products or services you may order through the Service.
Payment
Payment can be made by Visa, MasterCard, American Express, Discover, or PayPal. By placing an order through the Service, you are confirming that the payment details provided on your order are valid and correct and that when your order is accepted and processed by us, payment will be made in full. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.
Shipping and Delivery
We aim to deliver products to you at the place of delivery requested by you in your order. We will notify you of the estimated delivery time when you place your order. While we endeavor to deliver within the time frame indicated, we cannot guarantee that delivery will be made on that date and time. We are not liable for any delay in delivery which may be caused by unforeseen circumstances or other factors beyond our control.
Returns and Refunds
Returns
If you are not satisfied with your purchase, you may return the item(s) within 30 days of receipt for a refund or exchange, subject to the following conditions:
Items must be in new and unused condition, with all original packaging and labels attached.
You must provide a valid proof of purchase.
Certain products, such as personalized items, perishable goods, and items marked as non-returnable, are not eligible for return.
Refunds
Refunds will be processed within 14 days of receiving the returned item(s). Refunds will be issued to the original payment method. Shipping and handling charges are non-refundable.
Exchange
If you wish to exchange an item, please return the original item and place a new order for the replacement item. The new order will be processed as a separate transaction.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Shakim Gears and its licensors. The Service is protected by copyright, trademark, and other laws of both Kenya and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shakim Gears.
User Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Prohibited Uses
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Shakim Gears, a Shakim Gears employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Shakim Gears or users of the Service or expose them to liability.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall Shakim Gears, its affiliates, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, this Service.
To the fullest extent permitted by applicable law, Shakim Gears assumes no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service;
Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the Service;
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Service by any third party;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Shakim Gears, its subsidiaries, affiliates, and its licensors do not warrant that:
The Service will function uninterrupted, secure, or available at any particular time or location;
Any errors or defects will be corrected;
The Service is free of viruses or other harmful components; or
The results of using the Service will meet your requirements.
Indemnification
You agree to defend, indemnify, and hold harmless Shakim Gears, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, any use of the Service’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Service.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at:
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. Please read it carefully to understand our practices regarding your personal data and how we will treat it. The Privacy Policy is incorporated into these Terms by reference and forms an integral part of these Terms.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Entire Agreement
These Terms and Conditions, along with the Privacy Policy and any other legal notices published by Shakim Gears on the Service, constitute the entire agreement between you and Shakim Gears regarding the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.
Waiver and Severability
No waiver by Shakim Gears of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Shakim Gears to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Electronic Communications
When you use the Service 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 this 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.
Third-Party Links
Our Service may contain links to third-party web sites or services that are not owned or controlled by Shakim Gears. Shakim Gears has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Shakim Gears shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by emailing us at info@shakimgears.co.ke. You acknowledge and agree that all Feedback will be the sole and exclusive property of Shakim Gears and you hereby assign and agree to assign all rights, title, and interest you have in such Feedback to Shakim Gears. You further agree that Shakim Gears shall be free to use, disclose, reproduce, license, distribute, and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind to you.
Governing Language
The governing language of these Terms and Conditions is English. All communications and notices made or given pursuant to these Terms shall be in the English language. If these Terms are translated into a language other than English, the English text shall prevail.
Customer Service
For assistance with your account, orders, or any other inquiries, please contact our Customer Service team:
Shakim Gears shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond Shakim Gears’ reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.
Dispute Resolution
Informal Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, “Disputes”), you and Shakim Gears agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
Binding Arbitration
If you and Shakim Gears are unable to resolve a Dispute through informal negotiations, all claims arising from or relating to these Terms (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted in Nairobi, Kenya, in the English language. The arbitration shall be conducted confidentially, and the arbitrator’s decision shall be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Exceptions to Informal Negotiations and Arbitration
You and Shakim Gears agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
Any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Shakim Gears’ intellectual property rights;
Any claim for injunctive relief.
Miscellaneous
Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Shakim Gears without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Relationship of Parties
No joint venture, partnership, employment, or agency relationship exists between you and Shakim Gears as a result of these Terms or your use of the Service.
Survival
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination, including but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Acknowledgment
By using the Service or other services provided by us, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.
Contact Information
If you have any questions about these Terms, please contact us at:
