TERMS AND CONDITIONS

Definitions

In this document, the following words have the following meanings:

1. “Customer” means the organization or person who buys Goods;
2. “Goods/Items” means the articles to be supplied to the Customer by CUTE KITCHEN LTD;
3. “Intellectual Property Rights” all legally valid patents, trademarks, copyrights, unregistered and registered designs, know-how, and other types of intellectual property worldwide;

These Terms apply to all sales channels.

Website Content

Every item on CUTE KITCHEN LTD’s website is submitted with the following information: product image(s), description, model number, features, cost, and length of warranty. While CUTE KITCHEN LTD makes every effort to guarantee that the information presented maintains dimensional correctness on pertinent Goods, there may be small or unintentional deviations that might be influenced by your screen’s brightness.

Price and Payment

1. The price shall be as agreed upon by CUTE KITCHEN LTD and the Customer, the price quoted by CUTE KITCHEN LTD or the price shown in CUTE KITCHEN LTD’s public price list as of the date of acceptance of an order. All quotations provided by CUTE KITCHEN LTD are only good for fifteen (15) days from the date of issuance; beyond that time, the quotation immediately expires.
2. The customer understands that the price stated or posted at CUTE KITCHEN LTD’s public price list may change at any moment prior to the acceptance of an order and that all quotations from the company are contingent upon the availability of the goods. Cute Kitchen Ltd. will only provide quotes in Kenya Shillings only.
3. CUTE KITCHEN LTD reserves the right to reject an order from a customer at their own discretion without having to give a reason to the Customer.
4. The price is inclusive of VAT or any other applicable tax or duty, government levies payable, or other applicable costs unless quoted separately.
5. The purchase price of Cute Kitchen Ltd does not include special packaging, branding that the customer might require, insurance, or any other incidental cost.
6. If CUTE KITCHEN LTD. determines that the customer’s credit is sufficient, credit terms may be extended. CUTE KITCHEN LTD shall have the last say over the credit offer, which is subject to change at any time in response to both parties’ success in business.
7. In the event that the price, in full or in part, is not paid by the deadline, CUTE KITCHEN LTD shall have the right to demand payment in advance of delivery for any goods that have not yet been delivered; charge interest on past-due invoices at a rate of two percent per month from the date the payment becomes due until the date of payment; and refuse to deliver any goods that have not been delivered, all without imposing any liability whatsoever on the customer for non-delivery or delivery delays.
8. If the Customer fails to complete its duties under the Agreement in whole and/or on schedule, the customer will fully reimburse CUTE KITCHEN LTD for all associated costs, including interest, bank fees, collection charges, and legal fees.

Description

The use of any description by Cute Kitchen Ltd. does not amount to a sale by description; any descriptions provided or applied to the Goods are provided only for identifying purposes. For the sake of clarity, the Customer thus declares that it did not, in any manner, depend on any description when it signed the contract.

Stock-out

Should a customer’s requested items be out of stock, they may choose to wait for the goods to be acquired or choose an alternative. If any of the goods that a customer requests are not available, CUTE KITCHEN LTD shall not be held accountable for any violation of these terms.

Sample

The parties acknowledge that if a sample of the goods is provided to and examined by the customer, that sample is typical in nature and that the majority of the order may vary somewhat due to manufacturing processes.

Delivery

1. Delivery of the Goods should occur at the address provided by the Customer on, or as near as feasible to, the date indicated by the Customer, unless otherwise agreed in writing. When the goods are tendered for delivery, the Customer makes all the required preparations to accept delivery of the goods.
2. In the event that the Customer’s actions or circumstances prevent CUTE KITCHEN LTD from delivering the Goods, CUTE KITCHEN LTD shall have the right to store the Goods until delivery may be affected, and the Customer shall be responsible for all storage-related costs.
3. Unless otherwise specifically agreed, the delivery window given will not be the last one, and CUTE KITCHEN LTD shall not be held accountable to the Customer for any breach of this agreement resulting from CUTE KITCHEN LTD’s exceeding the delivery window.
4. To allow replacement, refund, or other solutions, any defects, shortages, over deliveries, and duplicate orders must be reported to CUTE KITCHEN LTD within 48 hours of the signed receipt.
5. The customer will need to present identification, such as their passport or National ID card when they want to pick up their order. Should the customer wish for another person to pick up an order, they must supply evidence of consent and a copy of their ID for identification reasons.
6. Depending on the delivery location that the customer specifies, the customer may occasionally be required to pay extra fees for the delivery service.
7. Risk Associated with the Goods Even in cases where the customer does not specifically accept delivery, Cute Kitchen Ltd transfers ownership of the Goods to them when they are received at the delivery location. The risk of loss will transfer to the customer if they decide to pick up the goods themselves; this might happen as soon as the goods are given to them or put aside for their pickup.

Note

1. Cute Kitchen Ltd does not convey ownership of the Goods to the Customer until CUTE KITCHEN LTD is paid in full for them.
2. The Customer holds the Goods sold by CUTE KITCHEN LTD as a bailee until all payments (including interest and charges) are fully settled. The Customer’s right to ownership of the Goods ceases if CUTE KITCHEN LTD does not receive full payment of all monies due and payable by the Customer within the time period specified.

Returning Unused Items

1. Goods once sold shall not be returned in any case.

Obligations of the Customer

In exchange for CUTE KITCHEN LTD consenting to supply the goods on these terms and to enable the delivery of the goods, the Customer thus agrees to:

• Pay CUTE KITCHEN LTD the purchase price and all additional payments owed by the customer, exactly within the credit conditions that CUTE KITCHEN LTD may from time to time provide; and
• Perform all duties under these Terms quickly and without delay.

Guarantees

1. The customer is authorized by law to engage in this agreement and to carry out its responsibilities under it.
2. For CUTE KITCHEN LTD to complete its responsibilities under this Agreement, the Customer shall abide by all relevant legal and regulatory requirements.
3. The Customer certifies that all information submitted while creating an account or in other ways necessary for the purchase of Goods under this Agreement is correct and true.

Although CUTE KITCHEN LTD will make every effort to keep its website secure, the Customer understands that software of this nature is never completely impervious to security flaws. Furthermore, subject to the other terms and conditions of this Agreement, CUTE KITCHEN LTD makes no guarantees or representations regarding the complete security of the website.

Restrictions on Liability

For any losses or damages that exceed the agreed-upon price, CUTE KITCHEN LTD shall not be held responsible.

Intellectual Property Rights

All Intellectual Property Rights produced from or arising because of the performance of this Agreement, so far as not already vested, become the absolute property of CUTE KITCHEN LTD, and the Customer will do all that is reasonably necessary to ensure that such rights vest in CUTE KITCHEN LTD by the execution of appropriate instruments or the making of agreements with third parties.

Product Warranty

1. All items and goods come with a warranty against manufacturing flaws and faults.
2. CUTE KITCHEN LTD provides 24-month warranties for LG, Samsung, and Hisense devices, and 12-month warranties for all other brands. Some manufacturers may give extended warranties on particular sections of a product, for example, some fridges may come with up to ten to twenty years guarantee on the compressor.

Disclaimer

Some information, goods, and services may contain elements from third parties; we recommend that you familiarize yourself with their terms and conditions before engaging in any transactions or sign-up. CUTE KITCHEN LTD is not liable for any transactions or activities on third-party websites.

When events or circumstances beyond CUTE KITCHEN LTD’s reasonable control occur, it will not be held responsible for any delays or failures to fulfill its obligations. These events and circumstances include but are not limited to, acts of God, strikes, lockouts, accidents, war, fire, malfunctions of plant or machinery, shortages or unavailability of raw materials from a natural source of supply, failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, and CUTE KITCHEN LTD would be entitled to a reasonable extension of its obligations. CUTE KITCHEN LTD may, without responsibility, terminate the contract if the delay continues for a length of time that it deems unreasonable.

Regulatory Framework

Kenyan law shall govern this Agreement and its interpretation, and the parties hereby submit to the exclusive jurisdiction of Kenyan courts.

General

1. Nothing in these terms should be interpreted as creating or suggesting a partnership or joint venture between the parties, nor should anything be interpreted as portraying one of the parties as the other’s agent.
2. Notwithstanding anything to the contrary in writing, these terms and conditions (the Terms) shall apply to any Agreement to the exclusion of any standard terms and conditions provided by the Customer or deemed to be inferred by statute, custom, trade practice, or pattern of conduct.
3. The Customer’s acceptance of the Goods or Services shall be considered complete and unequivocal acceptance of these Terms.
4. Unless CUTE KITCHEN LTD. agrees in writing, any modifications to these Terms—including any unique terms and conditions—will not be applicable. CUTE KITCHEN LTD retains the right to notify the Customer of changes to the terms stated above.
5. If any part of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
6. The Customer cannot assign or transfer the contract for the sale of Goods or subcontract any obligations without CUTE KITCHEN LTD’s prior written authorization. CUTE KITCHEN LTD may assign or transfer any of its duties under these Terms by providing notice to the Customer.
7. Failure to enforce any of the Terms does not forfeit the right to enforce them later.
8. Parties are responsible for complying with data protection laws, including the Data Protection Act, 2019 and related regulations, as well as CUTE KITCHEN LTD’s Privacy Policy.