Terms and Conditions of Use
The terms and conditions set out below apply to your use of theMagunga Bookstore website (the “Site”) which you may use and access in several ways, including but not limited to the World Wide Web at www.books.magunga.com on any device (including PC, mobile, TV, tablet and/or e-reader) and RSS feeds. Please read these terms and conditions carefully as they affect your rights and liabilities under the law and set out the terms under which theMagunga Books (“TMB”, “us”, “we” or “our”) makes the Site and any books, products or services listed on the Site (“Products”) available to you.
We recommend that you read the terms and conditions and Our FAQs carefully and make sure you understand them before you purchase any Products from the Site. Please note that before placing an order for any Products you will be asked to agree to these terms and conditions. If you don’t accept these terms and conditions, you will not be able to order any Products from our Site. If you have any questions about the terms and conditions or if you have any comments or complaints on or about our Site or Products, please e-mail us at: firstname.lastname@example.org
We recommend that you print a copy of these terms and conditions or save a copy in your computer for future reference.
1. About us
1.1 THE MAGUNGA BOOKSTORE a sole proprietorship business duly registered in the Republic of Kenya under Number BN/2016/402419 and of P.O. Box Number 67774-00100 Nairobi certified under the Registrar of Business Names Act CAP 499, Section 14 of the Laws of the Republic of Kenya.
2. The Site
2.1 We reserve the right to change the way the Site works from time to time and to withdraw any Products or features of the Site without giving notice to you.
2.2 The images of Products on the Site are for illustrative purposes only and the Products may differ slightly from those images.
2.3 To use the Site and register for or buy any of the Products available through it you must be 18 years old, and legally able to enter into a contract.
3. Placing an Order
3.1 These terms and conditions will apply to any contract between us and you for the sale of any Products to you (“Contract”).
3.2 You are able to correct errors on your order up to the point at which you submit your order. After this point, we will assume that all information provided as part of your order is correct and will process your order accordingly so please take care to check your order before sending it to us.
3.3 You will be charged for the Product(s) you wish to purchase (via our payment processing provider) at the point of placing your order.
3.4 After you place an order, we will send you an email confirming that your order has been received by our system. Your card will be charged at the point you place the order. You will then receive another email when your order is dispatched (“Order Confirmation”). All Products are subject to availability and the Contract between us will only be formed when we send you the Order Confirmation. If any Product(s) that you have ordered are not available, we will notify you and where you have already paid for the relevant Product(s), we will refund you the price of such Product(s).
4.1 You can pay for Product(s) using cash, MPESA, Airtel Money, or Paypal. Any relevant delivery charges is due in advance and will be taken at the point of order.
5.1 The prices for Products will be as quoted on the Site and you will be charged the price quoted on the Site at the time you place your order. The prices may change from time to time. Despite taking care to ensure that all Product prices are accurate, a small number of Products may be mispriced. If we have made a mistake and the correct price for a Product is higher than the price shown on the Site, we may contact you to request whether you want to buy the Product at the correct price or cancel your order. If we are unable to contact you, we will cancel your order. In the event we or you cancel your order we will refund you any price already paid for the Product. If a Product’s correct price is lower than the price shown on the Site, we will charge the lower amount.
5.2 The prices on the Site include VAT where applicable at the current rate.
5.3 Prices are liable to change at any time, but any changes will not affect orders already placed and confirmed by an Order Confirmation.
5.4 Delivery charges may be payable in addition to the price of a Product as detailed in the Delivery section below at condition 6.
5.5 Special offer prices are available on selected titles and offer prices are available for a duration of 3 months unless otherwise stated.
6.1 If you are ordering more than one Product, you should be aware that the Products will be delivered in one consignment and only sent when all items are available. Therefore if you order a title that is not yet published, the other books in your order will not be released until this book becomes available.
6.2 We offer free second-class delivery to valid Kenyan addresses on book orders that are in the Nairobi CBD, otherwise a calculated delivery fee applies.
6.3 You can also choose to have your order sent first-class at extra cost to you. i.e LOCAL DELIVERY.
6.4 An estimated dispatch period will be stated on the Site before you purchase the Product.
6.5 Once the Product(s) has been dispatched, you will receive an email confirmation (“Dispatch Confirmation”) containing an estimated delivery period.
6.6 All delivery and dispatch periods provided are estimates only, and occasionally Products may be delivered outside of these estimates.
6.7 Please note that some of our products may not fit through your letterbox and therefore if you are not at home, you need to collect the parcel from the local postal offices.
6.8 Delivery of an order shall be completed when we deliver the Products to the address you give to us for delivery and the Products will be your responsibility from that time.
6.9 You will own the Products once we have received payment in full including payment of any delivery charges (where due).
7. Cancellation; refunds and returning damaged goods
7.1 If you are a consumer, you have a legal right to cancel an order with theMagunga Bookstore within the period set out below, unless the Products are perishable or personalised for you in which case you will not be entitled to cancel the order. The period during which you can cancel starts from the date of the Order Confirmation that we send to you (which is the date the contract between us is formed) and ends as follows:-
7.2 To cancel a Contract you need to let us know that you wish to cancel. You can do this by either completing the cancellation form on our Site or by email at email@example.com or by telephone on +254 703 138 039. If you complete a cancellation form and send it to us we will email you to confirm that we have received your cancellation. If you email us to notify us of your cancellation, please include your order number within your email to help us to identify your order. Your cancellation will be effective from the date that you send us the email. You are responsible for sending back to us all Products supplied under the cancelled Contract at your cost by following the instructions set out in the dispatch note enclosed with the Products.
7.3 If you are returning a Product that is defective, damaged in transit or which is the wrong item, please contact us by telephone on +254 703 138 039.. We will replace the item or refund you for its cost as instructed.
7.4 This cancellation, returns and refund policy does not affect your statutory rights.
7.5 Where any refund is due, we will make the reimbursement without undue delay, and not later than: (a) 14 days after the day we receive back from you any Products supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned the Products in the form of a certificate of posting
7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
7.7 We will refund any delivery costs you have paid for delivery of the Products to you, although as permitted by law the maximum refund will be the costs of delivery by the least expensive delivery method.
7.8 We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products in the form of a certificate of posting, whichever is the earliest.
7.9 You must send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you send back the Product(s) before the period of 14 days has expired as evidenced by a certificate of posting.
7.10 You are only liable for any diminished value of the Product(s) resulting from handling other than that which is necessary in order to establish the nature and characteristics of the Products.
7.11 As a consumer, we have a legal duty to supply Products that comply with the Contract and you have legal rights in relation to any Products supplied that are faulty or not as described. These legal rights are not in anyway affected by these terms and conditions including the provisions regarding cancellations, refunds and returns.
8. Use of the Site
8.1 Your use of the Site is governed by our Website Terms of Service . Please take the time to read these, as they include important terms which apply to you.
9. How we use your personal information
10. Our right to vary these terms
10.1 We reserve the right to make changes to these terms and conditions, the Site, the Products or any other terms governing your use of the Site at any time. You will be subject to the terms and conditions (and any other conditions that apply to your use of the Site) in force at the time that you use the Site. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining terms.
10.2 You acknowledge and agree that neither the Company, or any Competition sponsor(s), or their respective employees, agents or subcontractors, or the prize provider or the rights owner (if applicable) shall have any liability to you whatsoever in connection with your use and/or possession of your prize, provided that nothing in these Competition Rules shall exclude or limit the liability of any party for personal injury or death caused by negligence or for anything else which cannot be excluded or limited by law.
11. Our liability to you
11.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
11.2 We only supply the Products for domestic and private use. You agree not to use the Product(s) 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.
11.3 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;
(c) any breach of the terms implied by the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Act.
12. Events outside our control
12.1 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, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, virus or denial of service attack, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) 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 estimated delivery date with you after the Event Outside Our Control is over.
13. Communications between us
13.1 When we refer, in these terms and conditions, to “in writing”, this will include e-mail.
13.2 If you wish to contact us in writing for any reason (including if you wish to make a complaint), you can send this to us by e-mail to firstname.lastname@example.org or by pre-paid post to theMagunga Bookstore, P.O Box 67774-00100 Nairobi, KENYA. You can also call us on +254 703 138039.
13.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address provided to us in your order.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
14.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree to this in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If we fail to insist that you perform any of your obligations under these terms and conditions, 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.
14.5 These terms and conditions and the Contract are governed by Kenyan law. This means a Contract for the purchase of Products through the Site and any dispute or claim arising out of or in connection with it will be governed by Kenyan law. You and we both agree to that the courts of Kenya will have non-exclusive jurisdiction.