Terms & Conditions

It is important that you read these Website Terms of Sale (“Terms of Sale”) carefully before ordering any products from our Website (“Product(s)”). Together with our privacy policy and our Terms of Use below, they govern our relationship with you to this Website and your purchase of Product(s) from the Website or over the telephone. If you have any questions about them or do not wish to accept them, please contact Customer Service at +254746956359 or email us at customercare@umojashoe.com before continuing.

Umoja Shoe Company limited, P.O. Box 452,80109 Mtwapa, Kilifi County Kenya. Tel +254746956359

By clicking on the “Place Order” button in the Order Confirmation section of the Website when placing your order with us (“Place “Order”) you agree to these Terms of Sale. Please understand that if you refuse to accept these Terms of Sale, you will not be able to order any Product(s) from our Website.

Our Details

Umoja Shoe Company Ltd, a company that is in Kilifi County, Kenya. Our registered office is Kenya and our registered number is P000619594P. You can contact us by email at customercare@umojashoe.com or +254746956359. The Website to which these Terms of Sale apply and for which we are responsible is www.umoja.africa

Purchase From Us

To purchase from us you must be over 16. We deliver all over Kenya. A full list of counties and territories, shipping costs and delivery time can be found. The third party couriers that we use for international delivery depends on the country being shipped to.

How Your Contract With Us Is Formed

Orders are submitted via the Website in the following way:

Once you are ready to make a purchase, click on ‘add to cart’ to add the Product you wish to purchase to your cart. Then proceed by clicking ‘checkout’ to log into our secure servers to complete your Order. All Products are displayed on our Website as an invitation to treat, which means they are not provided as an offer by us for you to accept. A binding legal contract will only be formed if and when we accept your Order in accordance with the process set out below.

You will have the option to create an account with us using your email address and you will also be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. We hold a secure password file to enable you to request a reminder, should it be forgotten on future transactions.

If you have already registered with us you may enter your sign in details to access your account. You will then be asked to input your billing and delivery addresses. The billing address that you enter must be the address that the order information is sent to, however you can use a different delivery address. You must then input your payment details after clicking on the “place order” button you consent to the Terms of Sale.

Once you have completed compiling your Order, you will be asked to confirm that it is correct. If it is not correct, you can revisit your Order and correct the mistakes before confirming and submitting your Order to us by clicking on the “place your order” button. It is your responsibility to ensure that your Order is correct before submitting it to us. If you have any problems with your Order, you can contact us by email at customercare@umojashoe.com

We will then send you a confirmatory email to acknowledge that we have processed your Order only after successful payment in full has been received. This is sent out automatically by us to the email address you use to place the Order.

We will also notify you if any Products you have ordered are not available and you will not be charged for any missing items. The Despatch Confirmation and all subsequent emails relating to your Order will contain an identifying number “Order Number” for your Order. You should make a note of your Order Number because we may ask for it in any subsequent communications we may have with you as it will help us to identify and therefore assist you quickly and easily.

You should check both emails for accuracy and let us know immediately if there are any errors. Your Order will be accepted by us when we send the Despatch Confirmation to you confirming and accepting your Order and dispatch of the Product(s) and at this point the contract between us (“Contract”) is formed. Ownership of the Product(s) will pass to you on delivery.

When you submit your Order, you are offering to buy the Product(s) at the price set out in the Order. If you discover you have made a mistake with your Order please contact us by email at customercare@umojashoe.com immediately. Please do this before we send the Despatch Confirmation confirming your Order. We are unable to rectify mistakes after this time, although you still have the right to cancel described below.

Payment

The prices indicated on our Website at checkout include all taxes, including taxes, which may be payable in respect of the Product(s) and delivery charges.

All payments must be made at the time of checkout of order. Payment for all Product(s) must be by credit, debit card, MPESA or the various options provided during checkout. We will not dispatch the Product(s) until we receive payment in full.

Prices are liable to change at any time, but the changes will not affect Orders which we have already confirmed as described above.

For payment by card, all credit and debit cardholders and bank/building society account holders respectively may be subject to authorization and authentication. If the issuer of your payment card or our service provider refuses to, or does not for any reason authorize or validate the payment, we will not be liable in these circumstances for any delay or non-delivery in respect of the Product(s) which you have ordered as a result.

By providing the relevant information to us, you specifically authorize us to transmit or to obtain information about you from third parties from time to time, including but not limited to your name, address, telephone number, debit or credit card details or credit reports, to authenticate your identity and delivery address for the Product(s), validate your payment card and obtain authorizations for your payments for Product(s).

Delivery And Availability

We aim to deliver Product(s) to you, to the delivery address you have requested in your Order within the time set out in our Shipping Times but we cannot give an exact delivery date. If we have not delivered the Product(s) within 30 days of submitting your Order or any other date that we have agreed with you then you may cancel the Contract and we will refund any money paid by you.

Please Note: During high traffic or promotions, it may take upto 14 days for delivery.

Damaged Or Defective Products

After receiving your product, if you are not happy with your purchase you may return the product to us for a full refund as set out in this section “damaged or defective products” or the next “your right to cancel”.

Subject to any specific warranties we offer in relation to particular products, or those which are implied by law, we do not offer any warranty or guarantee on our products. In connection with the circumstances in which the Product(s) are supplied by us, the warranties implied by law are that the Products comply with the descriptions provided by us, are fit for purpose and are of satisfactory quality.

2.You should inspect the Product(s) when you receive them for defects or damage. Please try on any footwear you have received from us indoors with socks. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. If you find a defect or damage and you are not happy with your purchase you must tell us as soon as possible by writing to us at customercare@umojashoe.com or call us on 0114980913 and we will ask you to return the Product(s) to our Customer Service Centre.

3.If the Product(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will replace the Product(s) or refund the price paid by you, including any delivery charges you paid either when ordering the Product (if you are being given a refund) or returning the item to us, provided that you have not worn or used and damaged the Product(s). If you would prefer a replacement of the Product(s) please contact us and we will replace the item at no extra charge to you where this is reasonably practicable.

4.If the Product(s) are found to have been damaged after delivery to you, we will contact you to let you know and discuss this with you. It is your responsibility to arrange collection of any unauthorized returns from our premises, for example Products which have been returned because they were defective but which are subsequently found not to be defective; accordingly we reserve the right to return the Products to you at your cost. We will be unable to refund any delivery charges you paid either when ordering the Product or returning the item to us.

These Terms of Sale do not exclude our liability (if any) to you for:
personal injury or death resulting from our negligence; fraud; any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

6.Subject to paragraph (v) above, we are only liable to you for losses which you suffer as a result of a breach of these Terms of Sale by us. Our liability for losses you suffer as a result of us breaching these Terms of Sale is strictly limited to no more than 125% of the purchase price of the Product you purchased and this cap includes any losses which are a foreseeable consequence of us breaching these Terms of Sale. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us.

Subject to paragraph (v) above, we are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: loss of income or revenue; loss of business; loss of profits or contracts; or loss of anticipated savings provided that this shall not prevent claims for loss of or damage to your tangible property in accordance with your statutory rights or paragraph (vi) or any other claims for direct financial loss that are not excluded by any of the above categories of loss of this paragraph (vii).

8.Subject to paragraph (v) above, we are not responsible for any delay in, or failure of, performance of our obligations under these Terms of Sale arising from any cause beyond our reasonable control including any of the following: acts of God, governmental acts, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

Please note that during a promotion, no returns and exchanges will be accepted.

Your Right To Cancel

If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the Contract (other than for personalized or other products which we have specified as non-returnable) and receive a refund from us, including any delivery charges you paid when ordering the Product. You must inform us in writing at customercare@umojashoe.com if you wish to cancel within five (5) working days, starting on the day after the order has been placed.

If you choose to cancel then you must return the Product(s) to us at your cost and risk and we advise you to ensure the Product(s) are adequately insured during the return journey. You must ensure that you take reasonable care of the Product(s) including the original box supplied with the Product(s) if any. Please try on any footwear you have received from us indoors with socks. As set out in the “Damaged or Defective Product(s)” section above, you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

If you have not returned the Product(s) within 5 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Product(s) from you at your cost. Gift recipients may request that a refund is made to the purchaser of the Product(s). To request that a refund is made to the purchaser please contact our Customer Services department by email to customercare@umojashoe.com or Call 0114980913.

Where you paid for Products by payment card, refunds will be made by re-crediting your payment card account from which the money was originally debited.
All refunds will be made within 30 working days either: (where Products have not been delivered to you at the delivery address you have requested within 30 days of your Order) of our confirmation by email to you that your Order has been cancelled; or (where Products have been delivered to you) of our receipt of the Products you have returned to us.

Please Note that during a promotion, no refund, exchange or order cancellation will be accepted.

Other Information

We may not necessarily keep a copy of these Terms of Sale and your Order. We advise you to print a copy of them for your information in the future.

The Contract and all communications between us will be conducted in the English or National language (Swahili).

These Terms of Sale constitute the entire agreement between us as to your purchase of the Product(s) and shall supersede any prior agreement or representation.

We will take all reasonable care to ensure that all details, images and descriptions of Products are correct at the time that the information is first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colours of actual Products may differ from those in images and this is a product of our photographic process.

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Sale or of any term of these Terms of Sale will be governed by the laws of Kenya.

If any provision of these Terms of Sale is found to be invalid or unenforceable by a court, it will be deleted from the rest of these Terms of Sale which shall remain unaffected.

No delay or failure by us to exercise any powers, rights or remedies under these Terms of Sale will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies prevent any other or further exercise of them.

A person who is not a party to a contract governing the Terms of Sale between you and us is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 except where these Terms of Sale expressly provide for such rights.

Website Terms Of Use

www.umoja.africa “Website” is a site which is operated by Umoja Shoe Company Ltd (“we”, “us”, “our”). You can contact us by email at customercare@umojashoe.com or Call: +254746956359

Your use of this Website is subject to these Website Terms of Use (“Terms of Use”), which tells you the basis on which you may make use of our Website.

Your purchase of products which we supply to you through this Website (whether orders are placed online or over the telephone) (“Products”) is subject to the Website Terms of Sale as outlined above (“Terms of Sale”).

Please read these Terms of Use carefully. Together with our Privacy Policy and, if you purchase Products through our Website, our Terms of Sale, they govern our relationship with you in relation to this Website. If you have any questions about them or do not wish to accept them, please contact Customer Service at customercare@umojashoe.com or +254746956359 before continuing.

We may change these Terms of Use at any time by updating this page. You should check this page from time to time to review these terms to ensure you are happy with any changes. Using or accessing this Website indicates your acceptance of these Terms of Use. If you do not accept these Terms of Use, please do not continue to use this Website.

Intellectual Property Rights

We have made this Website available to you for your own personal non-commercial use. We may modify, withdraw or deny access to this Website at any time.
We may withdraw or deny access to this Website at any time in relation to a user who breaches any of the terms contained in these Terms of Use. If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must keep this safe and treat such information as confidential, and you must not disclose it to any third party.

This Website and all of its contents including, without limitation, all text, software, software source code, trade marks, logos, designs, images, photographs, audio visual materials, written materials and any other form of material (“Website Content”) is owned by us or licensed to us by third parties. The copyright and all other intellectual property rights in all Website Content is owned by us or our licensors. Any rights or licences of the Website Content not expressly granted by the Terms of Use are reserved.

Except as set out in the Terms of Use your use of the Website Content without written permission of the Website Content owner is strictly prohibited. You may print off one copy, and may download extracts, of any page from this Website for non-commercial, personal use provided that: you do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, license or otherwise use the Website Content without our written permission.

No graphics are used separately from accompanying text; our copyright and trademark notices appear in all copies and you acknowledge this Website as the source of the material; and the person to whom you are providing these materials is made aware of these restrictions.

You must not use, transfer, copy or reproduce any part of the Website Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.
You must not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful.

We monitor the market for infringements of our intellectual property rights and reserve the right to take any action we deem appropriate to protect our rights.

Our Liability To You

These Terms of Use do not exclude our liability (if any) to you for: personal injury or death resulting from our negligence; fraud; any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We do not guarantee that this Website will be compatible with all or any hardware and software which you may use. We do not guarantee that the use of this Website will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses and you are advised to take all appropriate safeguards before downloading information or images from the Website. We do not guarantee that this Website will be available all the time or at any specific time. We reserve the right to withdraw or modify this Website at any time.

We are only liable to you for losses which you suffer as a result of a breach of these Terms of Use by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these Terms of Use, for example if you and we could not have contemplated those losses before or when you access this Website. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

Please note that nothing contained in these Terms of Sale in any way affects your statutory rights.

Information on this website: We will take all reasonable care to ensure that all details, images and descriptions of Products are correct at the time that the information is first put onto our Website. However we cannot guarantee the accuracy of images portrayed on this Website. Colors of actual Products may differ from those in images and this is a product of our photographic process.

Linking

We may link to other websites which are not within our control. When we do this, we will try and make it as clear as possible that you are leaving our Website. We are not responsible for these websites in any way. It is your responsibility to check the terms and conditions and privacy policy on any other website which you visit. You may not link to this Website from another website unless you comply with the following guidelines and obtain our consent in writing in advance (the granting of which may be subject to further conditions): links must be to the homepage of the Website at www.umoja.africa; you may not create a frame or any other border around the website; the site from which you wish to link must comply with all relevant laws and regulations and must not contain content which may be considered to be distasteful or offensive; and you must not imply that we endorse or are associated with any other website, product or service.

You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. You agree that when accessing the Website you shall not price scrape or harvest pricing either manually or by use of a web spider, web robot or any other web crawling technology.

Governing Law And Jurisdiction

The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms of Use or of any term of these Terms of Use will be governed by the laws of Kenya. The Kenyan courts will have non-exclusive jurisdiction to settle any disputes which may arise out of or in connection with these Terms of Use or use of the Website.

This current version Terms of use is effective as of 22nd October 2019