WEBSITE TERMS AND CONDITIONS OF SUPPLY
Welcome to the Infynitefashions.co.ke website terms and conditions of supply. These Terms and Conditions together in our website will apply to any contract between us for the sale of products listed on the Infynitefashionsco.ke website to you. Please read these Terms carefully and make sure that you understand them before ordering any products from our website. By placing an order, you agree to be bound by these Terms.
If you do not agree to be bound by these terms and conditions you may not use or access this website. Before you place an order, if you have any questions relating to these terms and conditions please contact Customer Services. Inbound and outbound calls may be recorded for quality monitoring and training purposes.
You should print a copy of these Terms or save them to your computer for future reference. We will not file the details of your specific contract. We may amend these Terms from time to time as set out in paragraph 6. Every time you wish to order products, please check these Terms to ensure you understand the terms, which will apply at that time.
1. Information about us and contacting us
1.1 we operate the website www.Infynitefashions.co.ke. We are Infynite Enterprise, a business registered in Kenya under The Registration of Business Names Act Cap 499 section 14 under the number BN/2015/333140 with our registered office at Plot No 209/2402 Luthuli Avenue. Infynite will become your contracting partner if you decide to buy on www.Infynitefashions.co.ke. Being a Kenyan business, Kenyan law applies as laid out in these terms and, in particular, in paragraph 17.5 and 17.6.
1.2 You can contact our Customer Services team by calling 0724174922 or the other numbers listed on our Contact Us page. You can also email Customer Services at customer service at Infynitefashions@gmail.com.
2. Our products
2.1 Pictures, illustrations or descriptions or any other information submitted or contained in this website or other advertising matter are for general information and guidance. There may be minor variations between the goods as shown or described on our website and those dispatched to you without affecting their function, quality, or price. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. The packaging of the products may vary from that shown on images on our website.
2.2 All products shown on our website are subject to availability. We will inform you by email as soon as possible if the product you have ordered is not available and we will cancel your order. Usually we do not take payment until we have dispatched your order. However, if we do take payment, we will refund you the full amount as soon as possible and in any event within 30 calendar days of the day of our notification. For the avoidance of doubt, other goods ordered by you in the same or separate orders will be dispatched in the normal way.
3. If you are a consumer
This paragraph 3 only applies if you are an individual consumer, i.e. an individual entering into a contract for the sale and purchase of goods not for commercial use.
If you are an individual consumer, you may only purchase products from our website if you are at least 18 years old. As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms will affect these legal rights.
4. If you are a business consumer
This paragraph 4 only applies if you are a business, i.e. not an individual who enters into a contract for the sale and purchase of goods for use outside his trade, business or profession or juristic person.
If you are acting on behalf of a business (i.e. not as an individual consumer), you confirm that you have authority to bind any business on whose behalf you use our website to purchase products. These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise, or representation made or given by or on behalf of us, which is not set out in these Terms or any document expressly referred to in them.
5. How the contract is formed between you and us
5.1 our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
5.2 We will confirm our acceptance to you of your order by sending you a shipping confirmation email to the email address you have given on dispatch of your order. The contract between you and us will only be formed when (and not before) we send you the shipping confirmation email and receive settlement of all sums due in respect of the products. Until this time, we retain ownership of the products and are entitled to sell them in the ordinary course of our business. You may not cancel or vary your order once it has been accepted, except in accordance with paragraph 7 below.
5.3 If we are unable to supply you with a product, for example because that product is not in stock or no longer available or because of an error in the price on our website, we will inform you of this by e-mail and we will not process your order. Usually we do not take payment until we have dispatched your order. However, if we do take payment, we will refund you the full amount as soon as possible and in any event within 30 calendar days of the day of our notification.
6. Our right to vary these terms
we may revise these Terms at any time but in respect of any ordered goods, the terms, and conditions that apply shall be those, which you accepted when you placed your order. Otherwise, no alteration of these terms and conditions shall apply unless agreed in writing between you and us.
7. Your consumer right of cancellation and refund
7.1 if you are a consumer, you have a legal right to cancel a contract no longer than 14 calendar days after the day on which you receive the products. This means that during this time if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund. You just need to tell us that you wish to cancel the contract. You can cancel by giving us written notice to us by hand, post or email, at the address or email address for Customer Services, giving details of the products ordered and (where appropriate) their delivery.
7.2 You will receive a full refund of the price you paid for the products. Please note that we are permitted by law to reduce this refund to reflect (or require you to pay to us an amount equal to) any reduction in the value of the products caused by your handling them in a way which would not be permitted in a shop. You will also receive a refund of your delivery charge up to a maximum of the standard delivery charge for your region.
7.3 We will process the refunds due to you as soon as possible and, in any case, within 14 calendar days of the day on which we receive the products back from you, or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. We will refund you on the same means you used to pay.
7.4 If the products were delivered to you: (a) you must return the products to us without undue delay (and in any event within 14 calendar days after the day on which you informed us that you wished to cancel the contract); and (b) if you are returning the products from outside Kenya, you will be responsible for the cost of returning the products to us unless the products are faulty or not as described. Please see our Returns page for further information about returning products (including our returns address). If you do not return the products as required, we may charge you for the direct costs of recovering the products.
Statement of cancellation policy
7.5 You can cancel the contract within 14 days without having to state your reasons. Cancellation shall be done in writing (e.g., letter, email), via a telephone call or by returning the product(s) with a clear statement unequivocally setting out your decision to cancel.
7.6 The cancellation period shall be deemed met if the cancellation notice is sent prior to the expiry of such period. For your cancellation notice, you may use the Model Withdrawal Form (a copy of this is provided at the end of these Terms) or provide another express statement of cancellation.
The cancellation notice can also be addressed to:
The Infynite Customer Services
P.O. Box 587-01001
Or by email to: Infynitefashions@gmail.com
Consequences of cancellation
7.7 In the event of effective cancellation, the benefits mutually received shall be returned; any benefits already realized shall be returned as well. If you fail to return to us the benefit in full or in part, or only in a deteriorated condition, you may be liable for damages. You may pay damages only with regard to the deterioration or realized benefits if the deterioration or realized benefits are stemming from a use of the product(s) in excess of what is needed to testing the characteristics and functioning. “Testing the characteristics and functioning” means the testing and try out of products that are common and possible in a physical shop. You must bear the costs of the return shipment if the delivered good corresponds to the ordered good and if the price of the item being returned does not exceed an amount of Ksh 6000 or, in case of a higher price of the item, if you have not yet paid in whole or made a contractually agreed upon partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. You must fulfill obligations to refund payment within 30 days after cancellation of your purchase. This deadline commences for you with sending the cancellation or with returning the product, for us the deadline commences with the receipt of either the cancellation or the product.
8. Other returns
In addition to the consumer right of cancellation set out in paragraph 7, if you are unsatisfied with the quality of the goods or have any other complaint about them; you should contact Customer Services as soon as possible for a refund or replacement. Unworn footwear can be returned in accordance with our returns policy, as set out on the Returns page. If you contact Customer Services, our friendly advisers will explain the return procedures. As a consumer, you will always have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by the returns policy in these Terms.
9. Delivery within Kenya
9.1 In Kenya, the ordered goods will be delivered to the address entered by you on the online order. If there is no one at the address given who is competent to accept delivery of the goods, you will be notified of an alternative delivery date or a place to collect the goods. Ordered goods will normally be delivered within the time set out on our Delivery page, unless otherwise notified to you by us.
9.2 This paragraph 9.2 only applies if you are a consumer. If we are unable to deliver the goods within 30 days of our shipping confirmation email for your order, we will inform you as soon as possible and you will be entitled to cancel the contract and obtain a refund or re-credit for any sum that has been paid by you or debited from you credit card for the goods and their delivery if: (a) we have refused to deliver the goods; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not wish to cancel the contract straightaway, or we do not deliver the goods within 30 days of our shipping confirmation email for your order and you do not have the right to cancel you’re the contract under the preceding sentence, you can give us a new deadline for delivery, which must be reasonable, and you can cancel the contract if we do not meet the new deadline. If you choose to cancel the contract for late delivery under this paragraph 9.2, you can do so for just some of the goods or all of them (unless splitting them up would significantly reduce their value). If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
9.3 Except as set out in this paragraph 9, we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
9.4 The products will be your responsibility from the completion of delivery or you collect them from us (as the case may be)
10. Delivery outside Kenya
We only deliver to the countries listed on the Delivery page. There may be restrictions on some products for certain international delivery destinations, so please review the information on this website carefully before ordering products. If you order products from our website for delivery outside Kenya, your order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes. You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
11. Price of products and delivery charges
11.1 The prices of the products will be as quoted on our website from time to time. We take all reasonable care to ensure that prices shown in our website are accurate at the time you place your order. If an error is found prior to dispatch of the goods, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the products to you at an incorrect (lower) price.
11.2 Prices for our products may change from time to time, but changes will not affect any order, which we have confirmed with a shipping confirmation email. The price of a product includes VAT (where applicable). We cannot refund any VAT charges, except where the entire price of the product has been refunded. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect. The price of a product does not include delivery charges. Our delivery charges are as quoted on the Delivery page from time to time.
12. How to pay
Payment for goods ordered can be made by any method shown in this website at the time you place your order. All payments are taken in Ksh for orders placed through in Kenya. All purchases are inclusive of VAT (if applicable) at the prevailing rate. Payment for the products and all applicable delivery charges is in advance
13. Our liability to consumer
This paragraph 13 only applies if you are an individual consumer.
13.1 We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.2 We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, willful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
13.3 We do not in any way exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) anything for which liability cannot be excluded by applicable law.
14. Our liability if you are a business
This paragraph 4 only applies if you are a business.
14.1 We only supply the products for internal use by your business, and you agree not to use the product for any re-sale purposes. We shall be under no liability in respect of any defect in the goods arising from fair wear and tear, willful damage, negligence, abnormal usage conditions, failure to follow our instructions, misuse or alteration or repair of the ordered goods without our approval.
14.2 Nothing in these Terms limit or exclude our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) defective products under the Consumer Protection Act 1987; or (e) anything for which liability cannot be excluded by applicable law.
14.3 Subject to paragraph 14.2 above, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of goodwill; or any indirect or consequential loss. Our total liability to you in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the products.
14.4 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the products. Any representation, condition, or warranty, which might be implied, incorporated into these Terms by statute, common law, and regulation, or otherwise, is excluded fully permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
15. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event outside Our Control means any act or event beyond our reasonable control. If an Event outside Our Control takes place that affects the performance of our obligations under a contract, our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
16. Gift vouchers and promotional discounts
16.1 Unfortunately, Infynite gift vouchers and cards can only be used to purchase goods online at www.infynitefashions.co.ke for Kenyan orders
16.2 Coupons, discounts and promotional discount codes offered by www.infynitefashions.co.ke are valid only for use as part of a purchase made at www.infynitefashions.co.ke or for telephone orders placed with customer Services, unless otherwise stated. Such promotional discounts may not be valid for use in Infynite shops.
17. Other important terms
17.1 Where the products are to be delivered separately and are not part of a periodical delivery, each delivery shall constitute a separate contract. If we fail to deliver any one or more of the instalments in accordance with these Terms, or if you make a claim in respect of any one or more instalments, this does not entitle you to treat the contract as a whole, as void.
17.2 We may transfer our rights and obligations under a contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts or otherwise.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 If you are a consumer, please note that Kenyan law as the business is registered in Kenya governs these Terms. This means a contract for the purchase of products through our website and any dispute or claim arising out of or in connection with it will be governed by Kenyan law if the laws of your habitual residence do not prevail, e.g. because they cannot be derogated. You and we both agree that the Kenyan courts will have non-exclusive jurisdiction.
17.6 If you are a business, these terms apply to Kenyan law. This means that a contract for the purchase of products through our website, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by Kenyan law. We both agree to the exclusive jurisdiction of the Kenyan courts.www.infynitefashions.co.ke for Kenyan orders
To Infynite, The One Mezzanine Moi avenue:
I/We [ ] hereby give notice that I/We cancel my/our order number [ ] and contract of sale of the following goods [ ].
Ordered on [ ] /received on [ ],
Name of consumer(s), [ ],
Address of consumer(s), [ ],
Signature of consumer(s), (only if this form is notified on paper), [ ],
Date [ ],
We are committed to protecting and respecting your privacy. This Privacy Notice sets out details of the information that we may collect from you and how we may use that information.
In this Privacy Notice, “we” or “us” refers to Infynite, a business registered in Kenya under The Registration of Business Names Act Cap 499 section 14 under the number BN/2015/333140 with our registered office at Plot No 209/2402 Luthuli Avenue. We are part of The Infynite Enterprise, which comprises us, Infynite fashions. Where you do provide information to another member of The Infynite enterprise, this Privacy Notice will apply as if we or us refers to the relevant member of the group. Our website refers to www.infynitefashions.co.ke.
What information do we collect?
We may collect the following information about you:
• your name, age/date of birth and gender
• your email address
• your billing, delivery or home address and telephone numbers (including mobile numbers)
• details of your purchases and orders
• your online browsing activity
• your password(s)
• your payment card details when you make a purchase or place an order with us
• your communication and marketing preferences
• your location
• your correspondence and communications with us including notes of telephone calls and webchat exchanges
• details of reviews which you post
• your attendance at events we run
• your competition answers or other competition submissions
• other publicly available personal data, including any which you have shared via a public platform (such as a Twitter feed or public Facebook page).
This list is not exhaustive and sometimes we may need to collect additional data for the purposes set out in this Notice. Some of your personal data is collected directly, for example, when you make a purchase on our websites or enter a competition. Other personal data is collected indirectly, for example, your browsing or shopping activity. Please see our Recruitment Privacy Notice if you are applying for a role at Infynite.
We work, from time to time, closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) who provide services to us and may receive information about you from them. In particular, all card payments are provided through a trusted third party payment service provider. We may also collect personal data from third parties who have your consent to pass your details to us.
How your information is used
Depending on how you are interacting with us, we (and trusted partners acting on our behalf) use your personal data:
• to fulfil contractual agreements between you and us (for example when you place an order for products through our website)
• to manage any registered account(s) that you hold with us
• to verify your identity
• to respond to a query and manage other customer service interactions with you
• to send you information about our products by post
• for market research purposes – to better understand your needs
• to provide you with a personalised browsing experience when using our website
• to send you details (by phone, e-mail or SMS) of promotional offers and products and services which we think may interest you, where you have consented to this (and have not withdrawn such consent)
• to let you know about and invite you to events
• to administer competitions we run from time to time
We may also use your personal data:
• for crime and fraud prevention, detection and related purposes
• to comply with legal and regulatory requirements
• to assess, operate and improve our website, the services provided through it and customer services
• where we have a legal right or duty to use or disclose your information (for example in relation to an investigation by a public authority or in a legal dispute)
We may also use your information to create anonymous data (whereby you cannot be identified) for market profiling purposes which may be used by us and shared with other companies in The Infynite Group or third parties.
We will not share your information with third parties in order for that third party to provide direct marketing communications to you, unless you have provided your consent for such use. Such third parties will have their own policies relating to the way in which your information may be used.
In order to make certain services available to you, we may need to share your personal data with some of our service partners. These include IT, delivery, marketing service providers, and analytics and search engine providers that assist us in the improvement and optimization of our website and customer service.
We only allow our service providers to handle your personal data when we have confirmed that they apply appropriate data protection and security controls. We also impose contractual obligations on service providers relating to data protection and security, which mean they can only use your data to provide services to us and to you, and for no other purposes.
Legal Basis for Using Your Information
We are allowed to use personal information only if we have a proper reason to do so. This includes sharing it with third parties in certain circumstances. The law says we must have one or more of these reasons:
• To fulfil a contract we have with you
• When it is our legal duty
• When it is in our legitimate interest
• When we have your consent,
A legitimate interest is when we have a business or commercial reason to use your information. Even then, it must not unfairly go against what is right and best for you. For example, we will use your information to action an order you have placed on-line on our website on the basis that this is a legitimate interest and are necessary to fulfil the contract.
In general, we only rely on consent as a legal basis for processing in relation to sending direct marketing communications to customers via email or text message.
Customers have the right to withdraw consent at any time. Where consent is the only legal basis for processing, we will cease to process data as soon as we can after consent is withdrawn. Please see the Contact section below.
We may share your personal information with any other companies in The Infynite Group and other companies in the Infynite Group may share your personal information with us in order to fulfil a contract we have with you or when it is in our legitimate interest.
How long do we keep your data?
We will not retain your data for longer than necessary for the purposes set out in this Privacy Notice. Different retention periods apply for different types of data.
Your Privacy Rights
You have the right to contact us (see the Contact section below) in order to find out what information we hold about you (please note that a small fee may be payable) or to access or correct any information we hold about you. You can also request the erasure of the information that we hold about you (see the Contact section below)
To unsubscribe from marketing emails at any time, please click on the unsubscribe link at the bottom of any marketing email and update your account preferences. You may also contact us to inform us if you do not wish to receive any marketing materials from us. Please see the Contact section below.
Our website may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. These websites have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
While there are many different uses for first and third party cookies, the cookies used by us all fall into one of two main categories being either ‘functional’ i.e. needed to make sure our website runs optimally or third-party marketing/targeting cookies.
You can amend your browser settings to block some or all cookies. To do this, follow the instructions provided by your preferred web browser. For your ease of reference, we have provided the links below which provide instructions on how to remove and delete cookies for some of the more common web browsers. Please be aware that if you block cookies from the websites, some or all the website’s functions may not perform as intended:
• Internet Explorer
• Google Chrome
Mobile phone users may have to refer to their handset manual for details on how to block cookies using their mobile browser. For more information about online behavioral advertising cookies and opt-out controls, please go to http://www.youronlinechoices.eu/. More information regarding opting out of platform-based advertising can be found at http://appnexus.com/platform-policy#choices.
We may also use technologies, such as our own cookies, to provide you with relevant online display advertising tailored to your interests. Our marketing partner, Conversant, assists us in managing these technologies.
In accordance with applicable data protection law and our own policies, we have adopted appropriate security procedures to help prevent unauthorized access to your information.
Our website is not directed at children under the age of 13 and we do not knowingly collect personal information about children. If you believe we have collected personal information about your child, you may contact us as detailed in Contact below and request that we remove information about your child.
Changes to our Privacy Notice
We may update or amend this Privacy Notice from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on this page.
If you have any questions about how we collect, store and use your information, or you wish us to action any of the requests detailed above, please contact us by emailing customerservice@Infynitefashions@gmail.com
Or contacting us at the address below:
P.O. Box 587-01001
Styled By You Terms and Conditions
How does it work?
Infynite Kenyan Media Carousel and Gallery works to redisplay pictures of you looking wonderful in our product both submitted and approved by you. Visitors to the Infynite website get to see how you are wearing your shoes and accessories and can shop the look at the click of a button.
I am in. How do I get involved?
Submitting your photo is easy. Simply tag us on Instagram with @Infynitefashions or upload directly using our uploader button and our teams will look at your photo. Unfortunately, we cannot use every photo we receive but our moderation teams will do their best. If you have uploaded via Instagram, look out for a comment from @Infynitefashions under your initial post, which will ask the rights to feature it. If this pops up, simply comment back with #YesInfynitefashions and this will expedite the process.
What if I do not want you to use my picture?
By following the process outlined above and granting us rights to use the photo, we hope that you will be happy with having your photo featured. In the instance that you are not, please either clicks the Report Photo button found on the image, which will flag that you do not wish us to use it. In the instance that the photo remains live for longer than 24 hours.
Can I report an image or video?
If you spot
something that you think is not in keeping with our standards, please report it
to us using the Report Photo button. We keep all reports completely
confidential. If the image meets our standards or you are not the owner of the
image, we will consider your feedback but may want to keep the image in place.
I posted on Instagram and tagged @Infynitefashion but I can’t see my image on the Infynite Site?
Unfortunately we can’t use every image posted on Instagram but as mentioned, we will try our best. To increase your chance, please ensure that your photo is clear and crisp, square or portrait and shows the product clearly.
If I delete an image from my Instagram account or change my settings to be
private, will the image be removed from the Infynite website?
No – removing a post or changing the settings will not remove the image from our site. If you do want the image removed, remember to please use the Report Photo icon or email us at email@example.com