Last Updated: 10th April 2025
1. Introduction
Welcome to Elimu Wholesalers. By accessing or using our website (https://elimuwholesalers.com) and associated services, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully before making any transactions or engaging with our online services. If you do not agree with any part of these Terms, please do not use our website.
2. Definitions
For purposes of these Terms and Conditions:
- “Company,” “We,” “Us,” or “Our” refers to Elimu Wholesalers, a wholesaler and distribution company registered and operating in Kenya.
- “User,” “Customer,” or “You” refers to any person or entity accessing or using our website or services.
- “Products” means the goods listed on our website for sale, including any future products, promotional items, or related distribution services.
- “Order” means the request by a User to purchase Products through our website.
- “Website” means our online platform located at https://elimuwholesalers.com.
3. Acceptance of Terms
By using our Website, placing an Order, or otherwise engaging with our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, including any additional terms and policies referenced herein or posted on our Website from time to time.
4. Eligibility
By using this Website, you represent and warrant that:
- You are at least 18 years old, or
- If you are under 18, you have obtained the consent of a parent or legal guardian to use our services.
- You have the legal capacity to enter into these Terms and Conditions under applicable law.
5. Website Use and Account Registration
5.1 Use of Website
- You agree to use the Website solely for lawful purposes and in accordance with these Terms.
- You must not use the Website in any manner that could damage, disable, overburden, or impair its functionality, nor interfere with any other party’s use of the Website.
5.2 Account Registration
- In order to access certain areas or features of the Website, you may be required to register for an account.
- You agree to provide accurate and complete information during registration and to update this information as needed.
- You are responsible for maintaining the confidentiality of your account credentials. All activities that occur under your account are your responsibility.
- We reserve the right to suspend or terminate your account at our discretion if we suspect any breach of these Terms.
6. Orders, Payment, and Delivery
6.1 Placing Orders
- All Orders submitted through the Website are offers to purchase Products on the terms specified herein. We reserve the right to accept or reject any Order at our sole discretion.
- It is your responsibility to review your Order details, including pricing and quantities, before finalizing your purchase.
6.2 Prices and Payment
- Prices for Products are displayed in Kenyan Shillings (KES) and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling fees unless stated otherwise.
- You agree to pay for all Products ordered through the Website, including any applicable fees and taxes, using the payment method specified by us.
- Payment must be made in full at the time of Order placement unless other arrangements have been explicitly agreed upon in writing.
- All transactions are subject to our credit and fraud policy and may be subject to verification before the Order is processed.
6.3 Delivery and Risk of Loss
- We will deliver Products to the address specified in your Order, provided that delivery services are available in the relevant area.
- Risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
- Delivery timelines are estimates and are not guaranteed. We shall not be liable for any delays beyond our control.
7. Returns, Refunds, and Cancellations
- All sales are subject to the terms specified at the time of purchase.
- If you wish to cancel an Order or request a return or refund, you must notify us in writing within 7 days from the date of delivery. Cancellation policies may vary depending on the nature of the Product and any custom orders.
- Returns may be subject to inspection. If a Product is found to be defective or not as described, we will provide a replacement or a refund at our discretion.
- Refunds will be processed using the original payment method within a reasonable time after the returned Product has been received and inspected.
8. Intellectual Property
- All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software is the property of Elimu Wholesalers or its suppliers and is protected by Kenyan intellectual property laws and international conventions.
- You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial use only. No part of this Website may be reproduced, distributed, or transmitted without our prior written permission.
9. Limitation of Liability and Disclaimers
9.1 Disclaimers
- The Website and all information, content, materials, products, and services included on or otherwise made available to you through the Website are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied.
- We do not guarantee that the Website will be error-free, secure, or free from viruses or other harmful components.
9.2 Limitation of Liability
- To the fullest extent permitted by law, Elimu Wholesalers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use or inability to use the Website or any products purchased through the Website.
- Our total cumulative liability for any claims arising out of or in connection with these Terms or your use of the Website shall not exceed the amount you paid for the Product(s) in question.
10. Indemnification
You agree to indemnify, defend, and hold harmless Elimu Wholesalers, its officers, directors, employees, agents, and third-party partners from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your use or misuse of the Website, your breach of these Terms, or your violation of any law or the rights of a third party.
11. Third-Party Links and Embedded Content
- The Website may include links to third-party websites or embedded content for your convenience or additional information. Such third-party websites or resources are not under our control and we are not responsible for their content or privacy practices.
- Your interaction with any third-party site linked from our Website is governed by that site’s own terms and privacy policies. We encourage you to review those policies before engaging with any such site.
12. Governing Law and Dispute Resolution
- These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Kenya.
- In the event of a dispute, you agree to first negotiate in good faith with us to resolve the matter. If a resolution cannot be reached, the dispute will be subject to the exclusive jurisdiction of the courts of Kenya.
- Any dispute resolution, mediation, or arbitration processes undertaken will be based on Kenyan law and practices.
13. Severability and Waiver
- If any provision of these Terms is determined to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions will not be affected.
- The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.
14. Modifications to Terms and Conditions
- We reserve the right to modify these Terms and Conditions at any time to reflect changes in our practices, legal requirements, or for other operational reasons.
- We will provide notice of any material changes by updating the “Last Updated” date at the top of this document or by other appropriate methods.
- Your continued use of our Website following any changes constitutes acceptance of the modified Terms and Conditions.
15. Contact Information
If you have any questions, concerns, or requests regarding these Terms and Conditions or our practices, please contact us at:
Elimu Wholesalers
Email: connect@elimuwholesalers.com
Phone: +254 79000000
Address: Nairobi,Kenya.