Terms & Conditions
1. User Agreement
OAK BRANDS LTD
CUSTOM XPRESS IS A TRADE NAME UNDER OAK BRANDS LIMITED. SERVICES OFFERED UNDER THE NAMED TRADE NAME IS OBLIGATED TO OAK BRANDS LTD USER AGREEMENT
Acceptance of Terms
OAK BRANDS LTD. PROVIDES ITS WEBSITE AND RELATED SERVICES (“SITE”) TO YOU SUBJECT TO THE FOLLOWING USER AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY’S OR EMPLOYER’S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO “YOU” INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). OAK BRANDS CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED USER AGREEMENT ON THIS SITE AND OAK BRANDS MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT
If your material, including but not limited to text, data, photographs, graphics, stitch files, images, information, audio clips, and all digital data or any combination of these elements (“Content”), is uploaded as a design for products available to other users on the Site, you grant the additional rights set forth in the Designer License Agreement that is incorporated herein by this reference. Your participation in Oak Brands Seller Program is also governed by the terms and conditions of the Seller Agreement that is incorporated by this reference herein. If you act as an Seller or a Designer (as both terms are defined in the Designer License Agreement) in accordance with either the Designer License Agreement or the Seller Agreement, then the Volume Bonus Program Terms that are incorporated by this reference herein also apply. In addition, when you use any of our services, you will be subject to our Privacy Policy, Shipping and Returns Policy and Oak Brands Program, as applicable and they are incorporated into this Agreement by this reference.
User Account, Password, and Security
To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.
You agree to (a) immediately notify Oak Brands of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Oak Brands cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
User Conduct
In using this Site, you agree to not:
a. upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
d. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
e. use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
f. upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
g. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
h. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. upload, download, post, email or otherwise transmit false or misleading information;
j. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
k. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
l. disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
m. frame the Site within another Site or webpage or link to the Site except as permitted in writing by Oak Brands;
n. incorporate images or names that would violate a person’s right of privacy or publicity; or
o. incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness (for Oak Brands Custom Stamps);
p. use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service;
q. transfer your Oak Brands account to another party without Olympia`s Grande written consent;
r. copy, modify or distribute rights or Content from the Site, service or tools or Olympia`s Grande copyrights and trademarks; or
s. harvest or otherwise collect information about users, including email addresses, without their consent.
You acknowledge that Oak Brands does not pre-screen submitted Content, but that Oak Brands and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that Oak Brands may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. Oak Brands and its designees reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available via the Site and to suspend or terminate your account. Oak Brands does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Oak Brands expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, Oak Brands and its designees shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to Oak Brands. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Privacy Policy
Your privacy is very important to Oak Brands. Users of this Site should refer to our Privacy Policy for information about how Oak Brands collects and uses personal information. By accepting this Agreement you expressly consent to Olympia`s Grande disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.
Trademarks and Copyrights
Oak Brands trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Oak Brands, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Oak Brands. All other trademarks not owned by Oak Brands that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Oak Brands.
Proprietary Rights
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Oak Brands, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Oak Brands or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Oak Brands, you grant Oak Brands a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.
You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API’s or other scripts (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Oak Brands grants you a non-exclusive, non-transferable, non-sub licenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
Oak Brands grants you a non-exclusive, revocable and limited license to use the Content and Oak Brands tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Oak Brands website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Oak Brands (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to Oak Brands upon their submission or communication to Oak Brands, and you do assign all rights therein to Oak Brands and agree that the same will automatically become the property of Oak Brands and that Oak Brands may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Oak Brands may elect, forever.
Intellectual Property Policy
Oak Brands respects the intellectual property rights of others. We ask our users to do the same. Oak Brands may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Oak Brands Copyright Agent, and provide the following information (“Notice”):
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
b. a description of the copyrighted work and/or trademark claimed to have been infringed;
c. a description of where the claimed infringing Content is located on our Site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please note that this procedure is exclusively for notifying Oak Brands that your trademark or copyrighted material has been infringed.
Oak Brands Copyright Agent can be reached at: [email protected]
WARRANTY
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
Indemnity
You agree to defend, indemnify and hold Oak Brands and Oak Brands officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys� fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
No Resale
Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Oak Brands ‘s express written consent.
Termination
You agree that Oak Brands, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Oak Brands may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Oak Brands may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Oak Brands shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Links
The Site may provide, or third parties may provide, links to other websites or resources. Because Oak Brands has no control of such sites and resources, you acknowledge and agree that Oak Brands is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Oak Brands is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Public Reputation
You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to Oak Brands public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from Oak Brands, in a public setting, including on the Internet, in a way which disparages Oak Brands, Oak Brands board members, employees, shareholders or partners, or Kenya Postal Service Oak Brands reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law, and, in the case of Oak Brands Custom Stamps, to invalidate your Oak Brands Custom Stamps via cancellation of the bar code. If Oak Brands Custom Stamps are invalidated, Oak Brands sole and exclusive obligation and your sole and exclusive remedy, if any, shall be a full refund of all fees paid by you.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in Kenya Shillings. Prices and products may change at Oak Brands discretion. Oak Brands may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Oak Brands. Title and risk of loss for all products ordered by you shall pass to you on Oak Brands shipment to the shipping carrier. Purchases are subject to Oak Brands Shipping and Return Policy. Oak Brands reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
The unpaid fee will be collected at the Kenya Postal Service of Kenya (E.M.S) centers within Kenya and international level or to collect by our Delivery teams within Nairobi. The fee must be paid upon delivery and if the product does not meet the client`s requirement, then the client is bound to start the Return and Refund process under RETURN and REFUND policy.
On Design you own, the client will be required to pay the amount in total so their order to be processed.If the product does not meet the client`s requirement, then the client is bound to start the Return and Refund process under RETURN and REFUND policy.
Earnings
If you participate as a Designer or Associate/Affiliate (as both terms are defined in the Designer License Agreement), Oak Brands will pay accrued earnings in accordance with the following section.
Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as “Earnings”) will be made within forty-five (45) days of the end of the month subject to the following:
• Oak Brands maintains a statement of your Earnings. You may check your statement in the “MyAccount” section of your account.
1. Oak Brands will pay your Earnings as soon as you have reached the Payment Thresholds (as by Oak Brands from time-to-time
• On the Payment Settings page in, you may also choose your method of payment (for example, check or mpesa). Oak Brands, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
• With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt.
• Payments that are made using skrill and Mobile transfers will be charged a kshs 250 processing fee, if your Earnings are less than the Payment Threshold.
• Payment Thresholds mean Kshs10, 000 for payments by check and Kshs 5,000 for payments using Skrill/ Paypal and mobile Services. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
• You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: Kshs 500 for any check under Kshs10,000; or Kshs 250 for any Skrill/PayPal or Mobile transfers transaction under Kshs 5,000. Payment will be made within 45 days (collectively “Processing Fees”).
• If Oak Brands owes you any compensation as of June 30th each year, then Oak Brands may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending June 30th) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.
• Oak Brands will withhold taxes from international payments that are due if Designers do not provide us with relevant documentation..
• In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Oak Brands may withhold further payments until you have corrected or updated your address.
• In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, Oak Brands will deduct the relevant amount from your Earnings.
Product Descriptions
Oak Brands attempts to be as accurate as possible to provide a compelling user experience. There are many Designers on the Site and Oak Brands does not verify the accuracy of their product descriptions. Oak Brands does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Oak Brands is not as described, your sole remedy is to return it pursuant to Oak Brands Shipping and Return Policy.
Oak Brands prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, Oak Brands participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever Oak Brands announces these fundraising efforts, you can be assured that Oak Brands will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Designers may state they intend to donate their royalties or other sums to charities. Oak Brands is unable to verify such statements, so please use caution when relying on them.
New Programs
Oak Brands may introduce programs, features and products. At the time of release, Oak Brands will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products.
Age and Geographic Restrictions
You must be at least 18 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
Oak Brands only accepts orders for Oak Brands Custom Stamps that are shipped to locations within the Kenya and its territories.
International Access
This Site may be accessed from countries other than the Kenya. This Site may contain products or references to products that are not available outside Kenya. Any such references do not imply that such products will be made available outside the Kenya. If you access and use this Site outside Kenya you are responsible for complying with your local laws and regulations.
You agree that Oak Brands can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you . If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
Reviews, Comments and Submissions
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non confidential and non proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OAK BRANDS AND ITS AFFILIATES/ASSOCIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OAK BRANDS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THERE WILL BE NO UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT OAK BRANDS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OAK BRANDS DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OAK BRANDS AND ITS AFFILIATES/ASSOCIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT OAK BRANDS MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OAK BRANDS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL OAK BRANDS OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES/ASSOCIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING OAK BRANDS OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OAK BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT OLMPIA GRANDE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Promotions
In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such program/promotion shall control.
Dispute Resolution and Release
These terms and conditions and your relationship with Oak Brands shall be governed by and construed in accordance with the laws of Kenya Laws, without resort to its conflict of law provisions. Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential binding forthe maximum judgment enforceable, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any Court of Law in Kenya. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Kenya and Lawl courts of Kenya. Arbitration under this Agreement shall be conducted pursuant to the existing Arbitration Rules at the Kenyan Arbitration Methods. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration we each waive any right to a jury trial.
You and Oak Brands agree to submit to the personal and exclusive jurisdiction of the courts located within Kenya.
Severability
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
Oak Brands Embroidery
If you are using Oak Brands Embroidery, your use of this Site is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase items through Oak Brands Embroidery or to create any public Oak Brands Embroidery products for sale in the Oak Brands marketplace. If you want your Content to be embroidered on a product and you do not upload the stitch file to this Site, Oak Brands will calculate the price to convert your Content to a stitch file and notify you of the price. For the stated fees, you can then order the stitch file and create a product with the stitch file. If you create a public embroidery product for sale in the marketplace, the product will be published on the Site at the time the stitch file is completed (typically within 24-48 hours but it may be longer). Conversion of your Content to a stitch file is subject to a one-time stitch file conversion fee except that you must pay an additional one time stitch file conversion fee for any resizing of the stitch file.
Oak Brands Custom Stamps
If you are using Oak Brands Custom Stamps, your use of this Site is also subject to the terms and conditions set forth in this Section.
You agree to follow the restrictions below in order to purchase Oak Brands Custom Stamps or to create any public Oak Brands Custom Stamps for sale in the Oak Brands marketplace and to follow all laws and regulations applicable to Kenya postage.
You will not assert or suggest in any way that any Oak Brands Custom Stamps created by you or any other user has been approved by us or by any other person or entity. In designing or creating any Oak Brands Custom Stamps customized postage, you will not use any Content or design element that Oak Brands, in its sole judgment and discretion, believes would be controversial or offensive, would subject Oak Brands to legal liability, or would cause damage to Oak Brands public reputation or business.
You acknowledge and agree that Oak Brands may terminate the Oak Brands Custom Stamps service at any time. Any information or Content that you provide through Oak Brands Custom Stamps may be provided to Oak Brands licensors and to the Kenya Postal Service for postage verification purposes.
You acknowledge, agree, and warrant you understand that the Content and design elements of your Oak Brands Custom Stamps are not approved or endorsed in any way by Kenya Postal Service, and that you will not make promotional references to Oak Brands Custom Stamps as “stamps” or “Custom Postage.” Oak Brands Custom Stamps are valid postage for mailing, but the images are not reviewed or approved by Kenya Postal Service. Therefore, you agree to not make any representations which could cause a reasonable person to believe that the Content and design elements included in your Oak Brands Custom Stamps are provided, approved, or endorsed by Kenya Postal Service.
If Oak Brands finds that a postage design in your order is inappropriate, Oak Brands will send you an email to notify you that your design has been rejected and that your order has been cancelled. Your design will be deleted from your “Private Products” section, but any images used in the design will remain in your “Image Gallery” for your future use.
A special note about Oak Brands Custom Stamps for Business
Oak Brands Custom Stamps for Business are a great way for businesses large and small to grow their brand and communicate with customers in a creative and brand conscious manner. Business logos, website addresses, or company names and addresses are all appropriate material for Oak Brands Custom Stamps for Businesses.
Promotional messaging is not appropriate and not permitted for Oak Brands Custom Stamps for Business, and will not be approved for printing. Examples of promotional messaging include “Buy one, get one free” or “10% off sale” or other similar announcement messaging, including specific pricing information for a product for sale.
It is also inappropriate and not permitted to use Oak Brands Custom Stamps for Business as a coupon. Examples of coupon messages are “One free with this Oak Brands Custom Stamp” or “Present this Oak Brands Custom Stamp for 10% off”.
In addition, Oak Brands Custom Stamps for Business are not available for advertising related to the following industries:
1. Alcohol and Tobacco;
2. Gambling;
3. Any industry related to human sexual activity, or products, services or entertainment directed to sexual stimulation.
If you have any questions about these Oak Brands Custom Stamp guidelines, please don’t hesitate to contact Oak Brands. We are happy to answer any questions you may have, and are available to provide guidance and support as you create your special products.
Death or Incapacity
In the unfortunate event that a member of Seller and Designer community who is a natural person dies or becomes permanently incapacitated, Oak Brands will take all necessary steps to work with their successors and assigns. However, Oak Brands will need the following documentation from such deceased or incapacitated community member’s successors, assigns or their legal representatives for verification purposes:
1. Death Certificate
2. Proof of Succession
3. Power of Attorney
In cases of members that are entities and if such entities cease to exist on account of dissolution, winding up, appointment of a receiver or bankruptcy, we will require the following documentary evidence:
1. Appointment of a receiver
2. Dissolution
3. Bankruptcy proceedings
4. Winding up proceedings
Please notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or bankruptcy of a Seller or Designer member of our community.
Our Community
Our community is the most important part of Oak Brands. All registered members are part of our community and we value everyone. Oak Brands has established multiple ways for members to interact with one another on the Site, including but not limited to forums, and other social media channels. Please remember that these are public spaces, so use common sense when sharing personal information. Oak Brands role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules.
• Treat one another with respect. There is a real person behind each name.
• Harassing, insulting, embarrassing or abusing other members is unacceptable.
• The community spaces are not the appropriate channel to express disputes with others.
• Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact Oak Brands privately if you need help with a transaction.
• Do not publicly post another person’s private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names).
Violating community policies may result in suspension or termination of certain privileges including account termination.
General
• No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
• Oak Brands may assign its rights and responsibilities hereunder without notice to you.
• These terms and conditions will inure to the benefit of Oak Brands successors, assigns and licensees.
• Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
• The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
• Oak Brands failure to act with respect to a breach by you or others does not waive Oak Brands right to act with respect to subsequent or similar breaches.
• This Agreement, together with the Nonexclusive License Agreement, the Associates Agreement, the Privacy Policy, the Shipping and Returns Policy and the Volume Bonus Agreement constitute the entire agreement between you and Oak Brands, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by Oak Brands.
• These terms and conditions may not be modified by you.
• The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.
• Oak Brands will attempt to notify you when major changes are made to this User Agreement but you should periodically review the most up-to-date version at www.customxpress.co.ke/user agreement. Oak Brands may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.
• Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
• Oak Brands does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Oak Brands control.
• You agree that Oak Brands is a platform and as such is not responsible or liable for any Content.
• You use the Site at your own risk.
2. Privacy Policy
Oak Brands Privacy Policy
Thanks for using customexpress.co.ke/ (“Site”). At Oak Brands, we are committed to protecting your privacy. We have created this privacy policy (“Privacy Policy”) to make sure you know what information we collect and how we use it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as we have outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.
We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we make any changes to this Privacy Policy, we will notify you in accordance with our User Agreement. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective. In addition, if we make material changes to how we use Personal Information collected from children under age 18, we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child’s Personal Information. We also encourage you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Site will be subject to the then current Privacy Policy.
But first, a note about uploading and posting information on the Site:
At the time you register for a Oak Brands account, you will choose and provide us with an email address and password. When you upload a design, post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, forums, member profiles, reviews and recommendation your user name may be visible to other users.
Additionally, if yours or your child’s comment or message contains personally identifiable information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you or your child may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties may be read, collected, and used by others who access them. Our blog( to come later in the website) is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or login into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy. Always use care when you post such information.
What information do we collect? Information provided by you:
You may provide us with certain personally identifiable information when you:
• register for a Oak Brands account;
• order products or gift certificates;
• request customer support or send us any other communication;
• sign up for newsletters, email alerts, and special offers;
• enter sweepstakes or contests;
• sign up for, or redeem, special offers;
• respond to surveys;
• use our Email-to-a-Friend or Refer-A-Friend features;
Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Site or our promotions.
Information collected by Cookies:
Oak Brands uses cookies on the Site to improve the quality of our Site and services to you. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. Oak Brands cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.
We may work with other companies who place cookies or web beacons on our Site. We do not have access or control over these cookies. These companies help operate our websites and provide you with additional products and services. They are subject to confidentiality agreements with Oak Brands and other legal restrictions. Oak Brands does not permit any of these companies to collect personally identifiable information using cookies or web beacons on our websites. Certain functionalities related to the provision of additional products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, Oak Brands third-party advertising company makes a note of some of the pages you visit on the Site through the use of pixel tags. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking Here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.
Information collected by Web Beacons and Log Files:
Oak Brands collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, Site usage, and whether you opened emails you received from us.
Information collected through Product Reviews:
You may choose to submit a product review. If you post a review, we may ask for certain information to validate your review such as email address, photo, and your city/state/country of residence. If you submit a review, we may publish your geographic location or other anonymous information but your email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personally identifiable information. If you wish to update or delete your testimonial, you can contact us at [email protected]
How do we secure your information?
When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software (“SSL”) we use encrypts all information you input before it is sent to us. In addition, your Oak Brands account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
We operate internationally and many of our computer systems are currently based in Kenya. As a result, your personal data will be processed by us in Kenya where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.
You may also choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to: register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site.
We work very hard to protect your privacy, but we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. While we use industry-standard precautions to safeguard your personally identifiable information, we cannot guarantee complete security. If you have any questions about security on our Site, you can contact us at [email protected]
How do we use your information?
We use the personally identifiable information you provide to:
• provide the features and functionality of the Site;
• fulfill your requests for our products and services;
• pay earnings;
• communicate with you about the status of your orders and other inquiries about our products and services;
• send you information about our products and services;
• for our internal business purposes, such as data analysis, audits and so forth;
• help us create content that is most relevant to you; and
• provide notices about the results of sweepstakes, contest, and other promotions.
We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Oak Brands account settings.
When you purchase products from the Site, we may use your email address or other personally identifiable information to send marketing messages and notifications from time-to-time whether or not you created an account with us. You may unsubscribe or change the frequency of email notifications on the Account Settings page in “MyAccount.” If you email a product to a friend or refer a friend to the Site or our promotions, we will use your friend’s email to send them the e-mail you requested. Your friend’s e-mail addresses will only be used for this purpose unless permission is otherwise granted. Oak Brands does not store this information. Your friend may contact us at [email protected] to request that we remove this information from our database.
We use non-personally identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site which helps us improve our products and services and significantly enhance your experience on our Site.
Does Oak Brands disclose the information it collects to outside parties?
We will share your personally identifiable information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personally identifiable information to third parties. Generally, Oak Brands does not share personally identifiable information about you with other people or non affiliated companies without your consent except that:
Oak Brands provides information to its agents and trusted service providers and contractors for limited purposes, such as fulfilling customer orders and processing credit card transactions; offering certain products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy.
If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties.
Oak Brands provides its sellers with the first name and city/state/country of residence of Oak Brands customers who have purchased such seller’s products. Oak Brands may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:
• comply with law;
• comply with subpoenas, warrants, court orders, government investigations, or other legal process;
• enforce or apply the terms of any of our user or license agreements;
• investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity
• investigate fraud or similar claims;
• protect the rights, property or safety of Oak Brands, our users, or others.
• to protect our operations; or
• to permit us to pursue available remedies or limit the damages that we may sustain.
Additionally, Oak Brands releases certain information, including personally identifiable information, to report the sale of custom postage to the Kenya Postal Service (“E.M.S”). As part of our relationship with the EMS, we collect and may disclose information about purchasers of our Oak Brands Custom Stamps products to the E.M.S at the request of E.M.S. To learn more about the E.M.S privacy policy, please visit the Kenya Postal Corporation Privacy Policy.
In the event that Oak Brands is acquired by or merges with another company, Oak Brands reserves the right to transfer all information we have collected from our users, in connection with such acquisition or merger. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your personally identifiable information.
Oak Brands may disclose non-personally-identifiable information to third parties in aggregate form or to potential business partners and investors.
Advertising
Oak Brands may use third party service providers to place ads on our behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to our Site, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service providers,
In addition, Oak Brands is a dynamic marketplace with a great number of branded products and content. We will offer our users the opportunity to opt-in to receive from our partners emails, notifications of promotions and the like offered by such partners. You have the right to decline to opt-in to take advantage of this service.
Social Media Features and Widgets
Our Site includes social media features, such as the Facebook Like button, and widgets, such as the “ShareThis” button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
Facebook Connect or other OpenID provider
You can log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.
Does this Privacy Policy apply when I access third party websites?
You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personally identifiable information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personally identifiable information to its provider.
3. Designer License Agreement
The following terms of this Designer License Agreement (“Agreement”) apply if you create products with Oak Brands (“Oak Brands,” “we” or “us”) design tools and/or post for sale a Design to be displayed and/or offered for sale on websites,. “Design” means any and all artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that you send to Oak Brands for placement on the Site or on physical or electronic products made by or for Oak Brands (“Products”). Users of the Site who upload Designs for Products are referred to as “Designers.” Users of the Site who refer purchasers to the Site are referred to as “Associates/ Affiliates.”
Licenses.
By uploading Designs to the Site or creating Designs with Oak Brands design tools, you grant the following licenses to Oak Brands design: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional “streams” of audio/video/photographic Content on the Website, (iii) Products or Design placement in magazines, television shows, movies, and other media; and (iv) the sale of Products available on the Site through third party product feeds. You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes, if you agree that your Design may be used in such category. If you select the “customizable” option, you also agree that Oak Brands design and visitors to the Site (“Users”) may make changes to the Design for the purposes of creating and ordering Products.
You may delete or hide your Design from the Site at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Site. You retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that Oak Brands will fulfill any orders placed prior to termination and Oak Brands may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.
Tags, Spam and Descriptions.
General.
Oak Brands and its community work together to keep the Site and related programs working properly, in a secure manner and for the mutual benefit of the community.
At the time you post a Product for sale, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Designs and you agree not to submit unrelated information in connection with your Design for any purpose. If Oak Brands determines that information is misleading or inaccurate or that it violates the rights of a third party, Oak Brands may delete such information or your Design(s) entirely, in its sole discretion.
There are several key pieces of information about your item that Oak Brands uses to help Users find what they are looking for, including but not limited to: titles, tags, attributes and categories. It’s very important to accurately label your items. By providing high-quality, accurate information, you help Users find your Products quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone in the marketplace.
Oak Brands asks that you do not engage in script writing or other unacceptable back door computing practices in an effort to post multiple products for sale.
By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of Oak Brands, other Designers, Users and third parties and in accordance with applicable laws and regulations.
Please report problems, offensive content, and policy violations to us at [email protected]
What is prohibited?
Here are some of the basic rules for labeling your products:
• Only use accurate and relevant terms that describe the specific Product in your listing.
• For products with descriptions that include minimum age requirements, you may only publish designs that are consistent with such requirements.
• You may use relevant synonyms.
• You must not label a Product with related, but inaccurate words.
• You may not intentionally misspell your products (unless such misspelling is part of the Design).
• You may use a short descriptive phrase as a tag if it accurately describes your item.
• You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
• You should only state what the item is, not what the Product may become or potential uses for the Product.
• You may not use words that are derogatory
• You may not use malicious tags or descriptions.
• You may not use copyrighted material.
• Tags or attributes that are duplicates are not allowed.
If you are uncertain as to whether a Tag/Description falls into one of the categories listed above, contact CMT by email at: [email protected]
If you do not follow the rules set forth above, Oak Brands may:
• Delete the Product(s)
• Suspend your Designer account with Oak Brands (“Account”).
• Terminate your Account.
• Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information.
How does Oak Brands enforce these rules?
Oak Brands may take the following actions to enforce the terms of this Agreement:
• Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.
• Make your Product(s) unavailable.
• Delete your Product(s).
• In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Royalties.
• In the case of certain repeat offenders, we will suspend and/or terminate your Account.
Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to our sites and their content, services and tools, delay or remove Designs and Products (including websites) from the Site and discontinue our relationship with any Designers that we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a Product or service.
Pricing.
Oak Brands determines the price at which Products are sold on the Site and affiliated sites. You can see Oak Brands standard retail prices here and volume discounts here. The actual retail price for Products incorporating your Designs may vary based upon Your Royalty Rate (see below).
Payment Terms.
For Payment Terms, please see the Oak Brands User Agreement.
Ineligible Sales.
Oak Brands will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the Oak Brands User Agreement or any of your representations below. For example, if Oak Brands discovers that one of your Designs infringes someone else’s copyright or that you do not have the right to use the Design, Oak Brands reserves the right to reverse all Royalties for such Designs, whether due or already paid.
Special Programs
We may make your Designs available to some of our partners in connection with certain special programs and arrangements. In such cases, Your Royalty Rate will not apply. Your participation is voluntary and the terms of the specific program will be announced at the launch of such program and such terms will control the program if you choose to participate.
For Payments of Earnings, see the Oak Brands User Agreement.
Marketing and Promotions.
Oak Brands may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. Oak Brands may run promotions (including volume discounts and special sales discounts). Oak Brands is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue Oak Brands actually receives for the sale of Products.
Representations
You represent that:
• You are the owner of the Design or that the Design is in the public domain; and
• You have the legal right grant this license to Oak Brands and to enter into this Agreement; and
• To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
• The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
• The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
• Oak Brands may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
• If the Design is posted for sale for use on Oak Brands Custom Stamps, the Design meets the Oak Brands Custom Stamps Appropriate Use Guidelines.
Release
If you have a dispute with one or more Users or Designers, you release Oak Brands (and Oak Brands officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
User Agreement
This Agreement supplements the Oak Brands User Agreement, which is incorporated by this reference.
4. Seller Agreement
This Associates Program Agreement (“Agreement”) contains the complete terms and conditions that apply to your participation in the Oak Brands Associates/Affiliate Program (“Program”). As used in this Agreement, “we” or “Oak Brands ” means Oak Brands Ltd., and “you” means the Program enrollee. “Site” refers to Oak Brands site on the world wide web, located at the URL www.customxpress.co.ke; “Users” refers to visitors to the Site; “Your Site(s)” refers to any site on which you place links to the Site; and “Your Associate ID” refers to an ID created at the time you establish your associate account. “Products” means any item offered for sale on the Site. This Agreement supplements the Oak Brands User Agreement, which is incorporated by this reference. The Privacy Policy, Volume Bonus Agreement, Shipping and Returns Policy and Designer License Agreement are incorporated by this reference.
• . Enrollment in the Program
By becoming a member of the Site, you are automatically enrolled in the Program. We may discontinue your participation in the Program if we determine (in our sole discretion) that Your Site is unsuitable for the Program for any reason, including, but not limited to, sites that:
1. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
2. promote illegal activities;
3. promote violence;
4. promote sexually explicit materials;
5. promote materials that violate intellectual property rights, including Oak Brands intellectual property rights;
6. include in the site’s URL ” Oak Brands ” or any other trademark of us or our affiliates, or variations of misspellings of any of such trademarks; or
7. are primarily dedicated to dissemination of coupons.
• . Utilizing Our Links on Your Site
For Your Site(s), we will make available to you button links and/or text links that have a unique URL for use as a link to the Site, containing Oak Brands logo and/or words identifying Oak Brands (collectively, “Link(s)”), which subject to the terms and conditions hereof, you may display on Your Site. You may also use Your Associate ID on Your Site or any other promotional materials for purposes of sending Users to the Site. In utilizing the Links and Your Associate ID, you agree that you will cooperate fully with us in order to establish and maintain the Links, and shall display such Links and Your Associate ID and any associated graphic images prominently throughout Your Site and on other promotional materials. The Link may only be modified and/or expanded with our prior written consent. Each Link connecting Users of Your Site to the Site will in no way alter the look, feel or functionality of the Site. We have the right in our sole discretion to monitor Your Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.
• . Order Processing
We will process Product orders placed by Users who follow the Links provided by Oak Brands from Your Site to the Site or who directly access the Site via Your Associate ID (“Referral Sales”). We reserve the right to reject orders that do not comply with our Oak Brands User Agreement or any other requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment, including, among other things, order entry, payment processing, shipping, cancellations, returns, and facilitating related customer service. We will track the volume and amount of sales generated by Your Site and will make unaudited reports, summarizing this sales activity, available to you through the Program in your “MyAccount” account. The form, content, and frequency of the reports may vary from time to time in our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between Your Site and the Site are properly formatted.
• . Referral Fees
We will pay you a referral fee Referral Fee Table (“Referral Fee(s)”), which may be updated from time-to-time and as we release new Products, for Referral Sales we receive from Users of Your Site who purchase Products by i) utilizing the Links to navigate between Your Site and the Site or accessing the Site via Your Associate ID; and ii) and making a purchase as detected by the cookie described in the paragraph below. “Net Referral Sales” means the purchase price received by Oak Brands for the Products minus amounts charged for shipping, handling, packaging, insurance, and sales or similar taxes; refunds, credits, and reversals; and the face value of the postage (if the revenue is for Oak Brands Custom Stamps).
Oak Brands Custom Stamps” means Kenya Postal Corporation created by Oak Brands as part of Oak Brands custom postage Product offering. The Referral Fee rate is subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Referral Fee Rate, pursuant to the provisions of Section 12 of this Agreement. No Referral Fee will be paid if the visitor to the Site cannot be tracked by our system. If a visitor previously visited the Site via the Link on Your Site or Your Associate ID and then later returns to the Site via another Link or Associate URL, then Referral Fees will be paid to the party that most recently referred the visitor.
We will record the time for each User each time such User visits the Site via the Links or Your Associate ID using cookies. Users may block or delete such cookie and the possible replacement of such cookie as a result of the User entering the Site from a different destination or such blocking or deletion of the cookie may result in our inability to place or detect the cookie: In such a case, no Referral Fees will be paid.
The time for each User visit will reset every forty-five (45) days, and Oak Brands will pay the Associate who referred the most recent User(s) making a purchase. The only exception is where a User who originally (and most recently) entered the Site through one Associate’s Link re-enters the Site through another Associate’s Link within a short window prior to purchase: In such a case, the original Associate will receive the Referral Fee.
Only Products that are sold by us (as a result of Links to the Site), shipped to a User and for which we have received full payment will qualify for a Referral Fee. For a sale to generate a Referral Fee, the User must follow a Link to the Site or access the Site via Your Associate ID, purchase the Product or Products in question using our online ordering system, accept delivery of the item at the shipping destination, and remit full payment to us.
• . Payment Terms
For Payment Terms, please see the Oak Brands User Agreement.
• . Policies and Pricing
Users who buy Products through this Program will be deemed to be customers of Oak Brands (“Customers”). Accordingly, all Oak Brands rules, policies, and operating procedures concerning Customer orders, customer service, and Product sales apply to those Customers. We may change our policies and operating procedures at any time. For example, we or our partners will determine the prices to be charged for Products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on Your Site, you may not include price information in your Product descriptions. We will try to present accurate information, but we cannot guarantee the availability or price of any particular Product.
• . Identifying Yourself as an Associate/Affiliate
You may not make any press release with respect to this Agreement or your participation in the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Oak Brands supports, sponsors, endorses, or contributes money to any charity or other cause). You agree that you will comply with all rules, laws and regulations in promoting Your Site, and you agree that you will comply with all rules and regulations with respect to advertising, promoting and endorsing the Products.
• . Non-Exclusive Limited License and Use of Oak Brands Logos, Trademarks and Brand
Subject to the terms of this Agreement and the Oak Brands User Agreement, we grant you a limited, nonexclusive, nontransferable, revocable, non-sublicensable right to use any of our (i) trade names, trademarks or any other intellectual property rights; or (ii) graphic images, text or any other of our images (including but not limited to images of your Products) for which we grant express permission (collectively, “Licensed Materials”), solely for the purpose of identifying Your Site as a Program participant and to assist in generating Product sales. You are only entitled to use the Licensed Materials to the extent that you are a member, in good standing, of the Program, and you agree to comply with Oak Brands published trademark guidelines. We may revoke your license at any time by giving you written notice.
Do not use Oak Brands brand to generate referral fees. This includes, but is not limited to, bidding on any keywords containing the trademark ” Oak Brands ” or using trademark ” Oak Brands ” in advertisements associated with paid search, online content networks and online display networks. If you violate this term or any other terms and conditions, your Referral Fees may be permanently withheld and your account with us may be terminated.
• . Non-Exclusive Limited License and Use of Associate Logos and Trademarks
You grant us a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively, “Associate Trademarks”), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to advertise, market, promote or publicize Your Site or any of your Associate Trademarks. You hereby represent and warrant that you are the sole and exclusive owner of the Associate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
You agree to indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys’ fees and expert witness fees) relating to any breach of the above representations and warranties.
The license in this Section 9 shall terminate upon the effective date of the expiration or termination of this Agreement. This license will also terminate should Oak Brands, in its sole discretion, terminate your account and use of our Site and any related programs.
• Responsibility for Your Site
You are responsible for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. We have no responsibility for the development, operation and maintenance of Your Site and for all materials that appear on Your Site. You also are responsible for ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on Your Site are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of any applicable law, rule, regulation, order judgment or decree. You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees and expert witness fees) relating to the development, operation, maintenance, and contents of Your Site.
• . Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party (“Term”). Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement or if this Agreement is terminated because Your Site violates any Content Restrictions set forth in Section 1, you are not eligible to receive any Referral Fee payments, even for Referral Fees earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn Referral Fees on sales occurring during the Term of the Agreement, and Referral Fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final Referral Fee payment for a reasonable time to ensure that the correct amount is paid by the Customer to us.
• . Modification
We may modify any terms or conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, and/or the posting on the Site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, referral schedules, payment procedures, and Program rules. All such modifications shall take effect forty-eight (48) hours after we serve notice as provided above, unless we indicate otherwise. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE OR RECEIPT OF AN EMAIL NOTICE OF THE CHANGE, WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
• . Relationship of Parties
You and Oak Brands are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this Section. You hereby grant us the right to issue press releases relating to the Program and the fact that you are a member of the Program, without seeking your prior consent.
• . Confidentiality
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (“Confidential Information”). For purposes of this Agreement, Confidential Information shall include, but not be limited to, any modifications to the terms and provisions of this Agreement made specifically for Your Site and not generally available to other members of the Program; Site, business and financial information relating to Oak Brands Customer and vendor lists relating to Oak Brands; and pricing and sales information for Oak Brands and any members of the Program, other than you. Confidential Information shall also include any information that we designate as confidential during the Term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranty of merchantability, fitness for a particular purpose or freedom from patent, infringement of any third party rights, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
• . Indemnification
You agree to indemnify, defend and hold harmless Oak Brands, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively, “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Associate Trademarks infringes on the rights of any third party; (ii) the breach of any representation or warranty made by you herein; (iii) any claim related to Your Site; or (iv) any unauthorized use of image links, text links or other artwork or materials supplied to you by us.
• . Independent Investigation
YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5. Shipping, Returns & Refund
SHIPPING POLICY
Oak Brands promises to provide you with the best-in-class shopping experience at every step of the way. We assure you that all due precautions are taken so that your package are delivered to you intact and on time by our delivery partner. Just proceed with your order and we’ll do the rest.
Fashion Products
– Next day delivery for fashion items within Nairobi.
– For all other regions, Oak Brands strives to deliver your product within 7 business days
Non-Fashion Products
Oak Brands aims to deliver your products within 7 business days from the time of order confirmation
Tracking my order
You can track your order in two ways:
Clicking on the ‘track your order’ link given in your order confirmation email, or
Entering your order number on at his page
For all products, our customer service agents will inform you of the expected delivery timeline when confirming your order. In case you face any difficulty, you can email us anytime at [email protected]
RETURN POLICY
How to return a product?
Before returning an item, please check our Oak Brands Return conditions, stated in the questions below, to make sure your item is eligible for return.
You have 7 calendar days to notify us that you want to return your product after its reception.
If your return meets all the requirements, your returns can be initiated via our Online Returns Form.
Returns are easy. Simply follow the 7 steps stated below:
• Check if your product meets all the requirements
• Login to your account
• Go to my orders and click Return
• Fill return form
• Pack item
• Arrange retrieval with us
• Your return will go through quality check
• If Valid you will get refunded within 30 days
You can connect on our website and fill in our Online Return form. Simply Login and go to “My Orders”, and open the last order by clicking on “Order details”. If you product is eligible to a return, you will see a button “Return Product”. Click on it to start the return process. Having trouble completing the Online Return form? Click Here to access ourstep by step guide on Online Returns..
How much time do I have to return a product to Oak Brands?
All items sold on Oak Brands, under certain conditions, can be returned within a period of 7 days from delivery date.
NOTE: You have 7 days to notify us of your return, online or by calling Customer Service, from the day you received your purchase.
Past this date, unfortunately we do not accept returns. We advise you to contact the manufacturer if the product has a warranty.
What are the conditions for returning an item?
Requirement for a valid procedure
• Proof of purchase (order number, invoice, etc)
• Reason for return has to be valid and return acceptance conditions met (check out below)
• Return method
• Refund method that you would like and the necessary information associated (bank account number, etc.)
Remember to send back all items including the free promotional items that came with the purchase. If forgotten, the return will not be accepted.
Once your product retrieved we will perform a quality check.
If the quality check successful, we will refund you according to your requested refund method. This will happen within 30 days starting the day you submitted your return request.
Note that if the quality check is unsuccessful, you will not be refunded and will be sent back your product.
How do I send my product to Oak Brands?
We will arrange a pick-up at your convenience within 48 hours after you submit the return request.
Note that for pick-up, we will make 3 scheduled attempts.
However, pass 3 pick-up attempts, we will cancel the return procedure and you will not be able to return your product to us anymore.
How do I track my return status?
You can track return status using the tracking number provided to you by our logistics partner or via our Order Tracking tool
How long is the quality evaluation process?
Refund process only begins after our Quality Check team has completed the evaluation of your returned item.
We will make sure that your product meets all the requirements for a return as stated in our policies.
This quality evaluation process may take up to 14 days.
Is my product under warranty?
We advise you to check our warranty page here to get more information about our warranty policy.
REFUND POLICY
If my refund gets validated, how and when will I get reimbursed?
Refund process begins after we have completed evaluating your returned product. From the day you submitted your return request, This quality evaluation process may take up to 14 days. We will send you an email notification once return examination completed.
To process your refund more quickly, you have the option to request a refund via Oak Brands Refund Voucher, which must be indicated when you request for a return online or by calling our Customer Service.
Otherwise, you can be refunded according to the following table. Note that some refund methods are available according to your payment method.
Refund methods available according to payment methods.
Payment methods Refund methods
Cash Refund voucher or Mpesa
Bank Transfer Refund voucher or Bank Transfer
Refund Voucher Refund voucher Only
M-Pesa Refund voucher or Mpesa
Skrill Refund voucher or Skrill
Time to get reimbursed after the examination done
Nature of Refund Time Frame
Refund Voucher 24 hours
What is a refund voucher?
Oak Brands Refund Voucher is a return mechanism worth equally to the value of product you ordered.
You can use Oak Brands Refund Voucher as voucher code to purchase any item. A refund voucher is valid for 180 days you need to use your voucher during this period. This refund voucher can be used on several purchases, until your balance is 0.
How do I use my voucher?
If you have been issued a Oak Brands Refund Voucher, you will have received a voucher number.
Please enter this voucher number in the voucher code box and click “add voucher” during checkout at payment step. A corresponding deduction will be applied to your total amount.
If my returned product is not validated for refund, how do I get informed?
If your return is invalid then we will call you to explain the issue and send the item(s) back to you. We will arrange the delivery of the item.
Note that we will make several attempts to return the product to you. However, passed 2 return attempts, we will cancel the return procedure and we will keep the product with us for a maximum of 60 days for you to pick it up at Oak Brands warehouse.
I have bought an item on promotion or with a voucher. What amount will you refund me?
For items purchased on sale, the amount refunded will be the exact amount paid, and not its original value.
For example: If you purchased an item on sale for Kshs 2000 and its original value was Kshs 4000, we will refund you Kshs2000.
If you purchased an item with a Refund voucher, we will refund you the sum of the amount you paid and the amount of the Oak Brands refund voucher
6. Purchase Order Terms
• Acceptance of Terms
• UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS PURCHASE ORDER (“ORDER”) CONSTITUTES THE ENTIRE CONTRACT BETWEEN THE SELLER (“SELLER”) NAMED ON THE FACE HEREOF AND OAK BRANDS LTD. AND ITS SUBSIDIARIES AND AFFILIATES (“Oak Brands”) COVERING THE GOODS AND SERVICES DESCRIBED BELOW. ANY PROVISIONS IN ANY ACKNOWLEDGMENT FORM OR OTHER DOCUMENT PREPARED BY SELLER WHICH VARY FROM OR ARE ADDITIONAL TO THE PROVISIONS OF THIS ORDER SHALL NOT BIND Oak Brands AND ARE EXPRESSLY REJECTED UNLESS AN AUTHORIZED Oak Brands REPRESENTATIVE EXPRESSLY ASSENTS THERETO IN A SIGNED WRITING. ANY SHIPMENT OR PARTIAL SHIPMENT OF THE GOODS BY SELLER SHALL BE DEEMED TO BE AN ACCEPTANCE OF THIS ORDER. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THE TERMS OF THIS ORDER AND ANY PURPORTED ACCEPTANCE OR ACKNOWLEDGMENT INVOICE BY SELLER, THE TERMS OF THIS ORDER SHALL PREVAIL.
• To the extent this Order is deemed an acceptance of a previous offer by Seller, any such acceptance is expressly conditioned on assent by Seller to the terms of this Order and shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent.
• 1. Service & Deliverables
• Seller agrees to perform the services (“Services”) and provide the goods or Service deliverables (collectively referred to as “Goods”), described in this Order, in accordance with this Order, and any scope of work document attached to this Order.
• 2. Shipment and Delivery
• Unless otherwise specified, Seller shall pack, mark and ship all Goods in compliance with all applicable transportation regulations, good commercial practice, and in a manner adequate to insure the safe arrival of the Goods at the named destination. Any expense incurred by Oak Brands as a result of improper preservation, packing, packaging, marking or method of shipment shall be reimbursed by Seller. An itemized packing list showing this Order number, supplier part number and quantity desired shall be included with each shipment and each container shall be marked to show the Order number. Seller shall mark all containers with necessary lifting, handling, and shipping information, and with Order numbers, date of shipment, packing sheets, delivery tickets, bills of lading, and the names of consignee and consignor. Seller shall commence processing the Order in accordance with the Turn Around Time on the Purchase Order. No partial or complete delivery shall be made hereunder prior to the delivery schedule date on the Purchase Order unless Oak Brands has given prior written consent. If no delivery schedule is specified, the Order shall be filled promptly and delivery will be made by the method agreed by the parties. The specific quantities ordered must be delivered in full and may not be changed without Oak Brands prior written consent. Seller agrees to notify Oak Brands immediately if at any time it appears that the delivery schedule set forth herein may not be met. Such notification shall include the reasons for possible delays, steps being taken to remedy such problems and a proposed new delivery date. Oak Brands may elect to be excused from part or full performance hereunder in the event of delays in delivery of conforming Goods in the quantities specified, regardless of whether such delay or failure is actually or proximately caused by Seller, common carriers, other parties, acts of God, strikes, boycotts, other labor troubles, production delays, scarcity of resources, laws including changes therein, government orders, riots, war, fire, weather, earthquake or actual or proximate causes of any other type whatsoever. Time is of the essence. Delivery of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of this Order. If any of the Goods are imported into any other country, Seller will be responsible for all legal, regulatory and administrative requirements associated with any importation and the payment of all associated duties, taxes and fees. In the event Seller’s inventory of any particular Good or Service is nearing depletion, Seller shall fulfill outstanding Purchase Orders from Oak Brands on a pro-rata basis with Seller’s other customers. Oak Brands shall periodically provide Seller a good faith but non-binding forecast of units to be purchased.
• 3. Over shipments and Out of Stock
• Oak Brands will pay only for quantities ordered. Overshipments will be held at Seller’s risk and expense for a reasonable time awaiting shipping instructions. Return shipping charges for over-shipped quantities will be at Seller’s expense. Seller shall provide Oak Brands with reasonable prior written notice for any Good or Service it intends to discontinue and afford an opportunity for Oak Brands to make additional purchases of such Good or Service.
• 4. Changes
• 4.1. Oak Brands may at any time make changes in the delivery schedules, place of delivery, designs, quantities, and specifications for the Goods ordered hereunder. Oak Brands may cancel any Order within the Cancellation period set forth on the Purchase Order.
• 5. Risk of Loss & Destruction of Goods
• 5.1. Unless Oak Brands provides otherwise in writing, the terms, choice of carrier and routing of shipment shall be F.O.B. destination basis to the delivery address designated by Oak Brands. Oak Brands may revise shipping instructions as to any unshipped Goods.
• 5.2. Risk of loss shall remain with Seller until delivery of the Goods to Oak Brands at the named destination, regardless of the point of inspection, if any, and Seller shall maintain insurance against loss in transit to such point, and Oak Brands shall not be required to assert any claims against common carriers.
• 6. Payment
• Payment is made when Oak Brands check is mailed. Payment shall not constitute acceptance. Seller shall invoice Oak Brands for all Goods delivered and all Services actually accepted. Each invoice submitted by Seller must be provided to Oak Brands within ninety (90) days of completion of the Services or delivery of Goods and must reference the applicable Order, and Oak Brands reserves the right to return all incorrect invoices. Unless otherwise specified on the face of this Order, Oak Brands shall pay the invoiced amount within sixty days after receipt of a correct invoice. Seller will receive no royalty or other remuneration on the production or distribution of any products developed by Oak Brands or Seller in connection with or based on the Goods or Services provided. Oak Brands may at any time set off any amount owed to Seller or any of its affiliated companies. Invoices shall be submitted in duplicate and shall include the corresponding Order numbers obtained from Oak Brands, item number, description of item(s), quantities, unit price, extended totals, and Seller’s packing slip number, in addition to any other information specified herein. All invoices without the corresponding information may be returned to Seller without payment. All invoices shall be mailed directly to Oak Brands Account Payable Department. No Services shall commence by Seller for Oak Brands unless written Order document has been received by the Seller from Oak Brands. Unless otherwise specified, the prices set forth in the Order include all acceptable to local taxes. All such taxes shall be stated separately on Seller’s invoice. Any packing, storage, transportation or delivery charges prepaid or payable to Oak Brands which are separately stated on Seller’s invoice shall not be subject to local taxes to the extent permitted by law.
• 7. Price
• Seller warrants that the price charged for the Goods ordered herein are not less favorable than those currently extended by Seller to its other customers buying the same or similar goods in equal or smaller quantities under similar circumstances. No extra charges of any kind, including charges for packing or cartage, will be allowed unless specifically agreed to by Oak Brands in writing in advance. If price terms are omitted from the face of this Order, subject to Section 6, the price of the Goods shall be the lower of: (1) the price last quoted by Seller; (2) the last price paid by Oak Brands to Seller for like goods; or (3) the prevailing market price at the time of shipment. In the event that Seller should increase the price charged for the Goods ordered herein prior to the delivery thereof, Seller will honor this Order at the prices quoted on the face of this Order or as provided in this Section 7, as applicable.
• 8. Warranties
• 8.1. Services: Seller represents and warrants that all Services shall be completed (i) in a professional, workmanlike manner, with the degree of skill and care that is required by current, good and sound professional procedures; and (ii) in accordance with applicable specifications and shall be correct and appropriate for the purposes contemplated in this Order. Seller represents and warrants that the performance of Services under this Order will not conflict with, or be prohibited in any way by, any other agreement or statutory restriction to which Seller is bound. If Seller breaches the foregoing warranty, Seller shall, at Oak Brands option, re-perform the Services or refund Oak Brands all amounts paid.
• 8.2. Goods: Seller warrants that all Goods, including all parts and components thereof, will be new and will not be used, reconditioned or refurbished without the prior written consent of Oak Brands. Seller warrants that all Goods delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications, blueprints, drawings and data or Seller’s samples, if any, for a period of twelve (12) months from the date of delivery to Oak Brands or for the period provided in Seller’s standard warranty covering Goods, whichever is longer. Additionally, Seller warrants that the Goods will be: fit for the use intended by Oak Brands; free from any actual or claimed patent, copyright or trademark infringement; and subject to all written and oral express warranties made by Seller’s agents; subject to all warranties implied in law and; will be free from liability for the payment of royalties. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. All warranties and Service guaranties shall run both to Oak Brands and to its customers and shall survive acceptance and payment by Oak Brands. Seller hereby agrees that it will make spare parts available to Oak Brands for a period of five (5) years from the date of shipment at Sellers then current price, less applicable discounts. If Oak Brands identifies a warranty problem with the Goods during the warranty period, Oak Brands shall be entitled to seek any of the remedies set forth in Section�16 below. Any replacement or repaired Goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
• 8.3. Routine Maintenance: Oak Brands agrees to perform the routine maintenance activities provided in writing by Seller.
• 9. Inspection
• Oak Brands or its third party designate may inspect and test the Goods at any time at the place of manufacture, prior to shipment or upon receipt or at such time or place as it shall choose, notwithstanding its having paid for the Goods prior to inspection. Goods shall also be subject to final inspection and acceptance at Oak Brands facility. Payment for items ordered hereunder shall not constitute acceptance. No acceptance by Oak Brands shall be effective with respect to latent defects. The process of inspection shall not be deemed to constitute acceptance of the Goods nor shall it be deemed a waiver of any of Oak Brands rights and remedies hereunder. Failure to inspect the Goods shall not be deemed to constitute: (1) acceptance of any defective or nonconforming Goods; or (2) waiver of any of Oak Brands rights or remedies arising by virtue of any defect or nonconformance. Oak Brands failure to specify any defect or nonconformance in rejecting any or all of the Goods shall not prevent Oak Brands from relying on such defect or nonconformance to establish a failure of the Goods to conform to generally accepted industry standards for similar Goods or otherwise justify rejection. If Goods tendered do not wholly conform with the provisions hereof, Oak Brands shall have the right to reject such Goods. Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon Oak Brands delivery to the common carrier.
• 10. Independent Contractor
• Seller is an independent contractor for all purposes, without express or implied authority to bind Oak Brands by contract or otherwise. Neither Seller nor its employees, agents or subcontractors (“Seller’s Assistants”) are agents or employees of Oak Brands, and therefore are not entitled to any employee benefits of Oak Brands, including but not limited to, any type of insurance. Seller shall be responsible for all costs and expenses incident to performing its obligations under this Order and shall provide Seller’s own supplies and equipment and shall control the method and means of performing the Services.
• 11. Seller Responsible for Taxes and Records
• Seller shall maintain accurate and complete records reflecting compliance with this Order. Oak Brands shall have no responsibility to pay or withhold from any payment to Seller under this Order, any federal, state or local taxes or fees. Oak Brands or its third party designate may audit Supplier during the Term to ensure compliance with this Order.
• 12. Insurance
• Seller shall be solely responsible for maintaining for itself and requiring Seller’s Assistants to maintain such adequate health, auto, workers’ compensation, unemployment compensation, disability, liability, and other insurance, including blanket contractual coverage insuring claims resulting from the indemnification of Oak Brands required by this Order, as is required by law or as is the common practice in Seller’s and Seller’s Assistants’ trades or businesses, whichever affords greater coverage. Upon request, Seller shall provide Oak Brands with certificates of insurance or evidence of coverage before commencing performance under this Order. Seller shall provide adequate coverage for any Oak Brands property under the care, custody or control of Seller or Seller’s Assistants.
• 13. Indemnity
• Seller shall indemnify, hold harmless, and at Oak Brands request, defend Oak Brands, its officers, directors, customers, agents and employees, against all claims, judgments, penalties, disbursements, liabilities, damages, losses and expenses, including attorneys’ fees and cost of suit arising out of or in any way connected with the Goods or Services provided under this Order, including, without limitation, (1) any claim based on the death or bodily injury to any person, destruction or damage to tangible or intangible property, or contamination of the environment and any associated clean up costs, (2) Seller failing to satisfy the Internal Revenue Service’s guidelines for an independent contractor, (3) any claim based on the actual or alleged violation of any applicable law or negligence, omissions or willful misconduct of Seller or any Seller’s Assistants, and (4) any claim by a third party against Oak Brands alleging that the Goods or Services, the results of such Services, or any other products or processes provided under this Order, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Oak Brands prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Oak Brands in enforcing this indemnity, including attorneys’ fees. Privity of contract by the injured person(s) shall not be a prerequisite to Seller’s liability hereunder. Should Oak Brands use, or use by its distributors, subcontractors or customers, of any Goods or Services purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at is sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality; (c) obtain for Oak Brands, its distributors, subcontractors or customers the right to continue using the Goods or Services; or (d) if none of the foregoing is possible, refund all amounts paid for the infringing Goods or Services.
• 14. Confidentiality
• Seller will acquire knowledge of Oak Brands Confidential Information (as defined below) in connection with its performance hereunder and agrees to keep such Oak Brands Confidential Information in confidence during and following termination or expiration of this Order. ” Oak Brands Confidential Information” includes but is not limited to all information, whether written or oral, in any form, including without limitation, information relating to the research, development, products, methods of manufacture, trade secrets, business plans, customers, vendors, finances, personnel data, Work Product (as defined herein) and other material or information considered proprietary by Oak Brands relating to the current or anticipated business or affairs of Oak Brands which is disclosed directly or indirectly to Seller. In addition, Oak Brands Confidential Information means any third party’s proprietary or confidential information disclosed to Seller in the course of providing Services or Goods to Oak Brands. Oak Brands Confidential Information does not include any information (1) which Seller lawfully knew without restriction on disclosure before Oak Brands disclosed it to Seller, (2) which is now or becomes publicly known through no wrongful act or failure to act of Seller, (3) which Seller developed independently without use of the Oak Brands Confidential Information, as evidenced by appropriate documentation, or (4) which is hereafter lawfully furnished to Seller by a third party as a matter of right and without restriction on disclosure. In addition, Seller may disclose Confidential Information which is required to be disclosed pursuant to a requirement of a government agency or law so long as Seller provides prompt notice to Oak Brands of such requirement prior to disclosure.
• Seller agrees not to copy, alter or directly or indirectly disclose any Oak Brands Confidential Information except solely as necessary to provide the Goods and Services. Additionally, Seller agrees to limit its internal distribution of Oak Brands Confidential Information to Seller’s Assistants who have a need to know, and to take steps to ensure that the dissemination is so limited, including the execution by Seller’s Assistants of nondisclosure agreements with provisions substantially similar to those set forth herein. In no event will Seller use less than the degree of care and means that it uses to protect its own information of like kind, but in any event not less than reasonable care to prevent the unauthorized use of Oak Brands Confidential Information.
• Seller further agrees not to use the Oak Brands Confidential Information except in the course of performing hereunder and will not use such Oak Brands Confidential Information for its own benefit or for the benefit of any third party. The mingling of the Oak Brands Confidential Information with information of Seller shall not affect the confidential nature or ownership of the same as stated hereunder. Seller agrees not to design or manufacture any products which incorporate Oak Brands Confidential Information. All Oak Brands Confidential Information is and shall remain the property of Oak Brands. Upon Oak Brands written request or the termination of this Order, Seller shall return or transfer to Oak Brands all Oak Brands Confidential Information, including all Work Product, as defined herein, and all copies thereof.
• 15. Termination
• 15.1. Termination for Insolvency. In the event of the institution of any proceedings by or against Seller, whether voluntary or involuntary, under bankruptcy, reorganization or insolvency laws, or in the event of the appointment of a receiver or trustee or a general assignment for the benefit of creditors of Seller hereto, Oak Brands shall be entitled to terminate this Order without incurring any costs or liability to Seller. In the event of such termination, Oak Brands shall pay Seller for the portion of the Services satisfactorily performed and those conforming Goods delivered to Oak Brands through the date of termination, less appropriate offsets, including any additional costs to be incurred by Oak Brands in completing the Services.
• 15.2. Termination for Default. Oak Brands may, by written notification, terminate this Order in whole or part if Seller fails (a) to make delivery of the Goods or perform the Services within the time specified herein, or within any extension thereof by written change order or amendment; (b) to replace or correct defective Goods in accordance with the specifications of this Order; or (c) to perform any of the other provisions of this Order or so fails, in Oak Brands sole opinion, to make progress as to endanger performance in accordance with its terms.
• If this Order is terminated pursuant to this clause, Oak Brands may procure, upon such terms and in such manner as Oak Brands may deem appropriate, Goods similar or substantially similar to those terminated, and Seller shall be liable to Oak Brands for any excess cost occasioned Oak Brands thereby, provided that Seller shall continue the performance of this Order to the extent not terminated.
• If this Order is terminated pursuant to this Section 15.2, Oak Brands, in addition to other rights provided herein or by law, may require Seller to transfer title and deliver to Oak Brands, in the manner and to the extent directed by Oak Brands: (i) any completed Goods, and (ii) such partially completed Goods and/or Services (including but not limited to materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights) as Seller has produced or acquired for the performance of this Order, and Seller shall, upon direction of Oak Brands, protect and preserve property as directed in this paragraph which is in the possession of Seller. Payment for completed Goods and Services delivered to and accepted by Oak Brands shall be in an amount agreed upon by Seller and Oak Brands (not to exceed the contract price). However, Seller’s obligation hereunder to carry out Oak Brands directions as to delivery, protection, and preservation shall not be contingent upon prior agreement as to such amount.
• Oak Brands failure to enforce any right under this clause shall not be deemed a waiver of any rights hereunder. The rights and remedies of Oak Brands under this Section 15.2 shall not be exclusive, and such rights and remedies are in addition to any other rights of remedies of Oak Brands provided by law, inequity, or under this Order.
• 15.3. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE INCLUDING WITHOUT LIMITATION LOST PROFITS AND REVENUES.
• 16. Remedies
• If Seller breaches any terms or conditions of this Order, Oak Brands may exercise, singly or in any combination and in any order, any or all rights and remedies available to the Oak Brands at law or in equity, as well as any other rights provided for under this Order, including, without limitation, the right to, at Oak Brands option: (1) In the case of defective or nonconforming Goods, require Seller to promptly repair or replace the Goods or any component thereof, and upon Seller’s failure to or refusal to do so, to repair or replace the same at Seller’s expense; (2) Refund the purchase price and cost of shipment to Oak Brands; (3) In the case of defective or nonconforming Goods, to reject any shipment or delivery or part thereof; (4) Cancel any outstanding deliveries under this Order and treat the breach by Seller as Seller’s repudiation of this Order; (5) Hold Seller liable for all delays or other failures to timely deliver conforming Goods in the quantities specified herein regardless of whether such delays or failures arise or result from actions or inactions of Seller, third parties or from any other actual or proximate cause, whatever its nature and such liability shall include, without limitation, all consequential, special and contingent damages including losses sustained or anticipated to be sustained by Oak Brands as a result of Oak Brands inability to meet its contractual obligations to third parties or to enter into contracts with third parties; and (6) In the case where conforming Goods fail to arrive at the destination and within the time specified by this Order, Oak Brands may, but need not, immediately purchase substitutes therefore and Seller shall be liable for all damages and expenses resulting from such failure; and
• 17. Force Majeure
• Oak Brands shall not be liable for any failure to perform including failure to (1) accept performance of Services or, (2) take delivery of the Goods as provided caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation. In the event Oak Brands is so excused, either party may terminate the Order and Oak Brands shall at its expense and risk, return any Goods received to the place of shipment.
• 18. Attorney’s Fees
• In any action to enforce this Order, the prevailing party shall be entitled to recover all court costs and expenses and reasonable attorneys’ fees, in addition to any other relief to which it may be entitled.
• 19. Severability
• If any provision of this Order shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
• 20. Assignment
• Neither this Order nor any interest therein, except the right to receive payment from Oak Brands, may be assigned by Seller, by operation of law or otherwise, without the prior written consent of Oak Brands. No assignment of the right to receive payment shall affect Oak Brands right of setoff against Seller nor shall such assignment be binding on Oak Brands unless and until Oak Brands receives an executed copy of the assignment and each invoice to be paid to the assignee is clearly marked to show such assignment. This Order shall bind and inure to the benefit of Oak Brands assigns and successors, including, without limitation, any entity with which or into which Oak Brands shall merge or consolidate.
• 21. Notices
• Except for Orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices, and other communications hereunder shall be in writing, and shall be addressed to Seller or to an authorized Oak Brands representative, and shall be considered given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail.
• 22. Survival of Obligations
• Any obligations and duties which by their nature extend beyond the expiration or termination of this Order shall survive the expiration or termination of this Order.
• 23. Entire Agreement; Modification
• This Order and any attachments incorporated or referred herein constitute the complete, final and exclusive statement of the terms of the agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. This Order may not be varied, modified, altered, or amended except in writing, including a purchase order or a change order issued by Oak Brands, signed by the parties. Notwithstanding the foregoing, this Order will not supersede or take the place of any written agreement which is signed by both parties and covers the same subject matter as this Order or its related purchase orders. Oak Brands failure to enforce at any time any of the provisions of this Order, to exercise any election or option provided herein, or to require at any time performance by Seller of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of this agreement or any part thereof, or the right of Oak Brands thereafter to enforce each and every such provision. To be binding upon Oak Brands, any modification of this Order must be in writing and signed by Oak Brands authorized representative.
• 24. Complicance with Laws and Regulations
• 24.1. General: Seller shall comply fully with all applicable to state and local laws in the performance of this Order including, but not limited to, all applicable employment, tax, export control and environmental laws; including the obligation to test, label and package products in compliance with the requirements of the Fair Labor Standards Act and Consumer Products Safety.. Seller will conform to all local laws and customs regarding hiring practices, wage and working conditions. Under no circumstances will Seller involve the production of Goods and Services in an environment where underage labor is employed. Vendor will not utilize factories or production facilities that force work to be performed by unpaid laborers or those who must otherwise work against their will.
• 24.2. Hazardous Materials: If Goods include hazardous materials, Seller represents and warrants that Seller understands the nature of any hazards associated with the manufacture, handling and transportation of such hazardous materials.
• 25. Injunctive Relief: Seller acknowledges and agrees that the obligations and promises of Seller under this Order are of a unique, intellectual nature giving them particular value. Seller’s breach of any of the promises contained in this Order will result in irreparable and continuing damage to Oak Brands for which there will be no adequate remedy at law and, in the event of such breach, Oak Brands will be entitled to seek injunctive relief, or a decree of specific performance.
7. Payment Policy
What are the payment options available on olympiagrande.com?
For your convenience, we try to offer the best payment options. Currently, we have the following payment options:
• Mobile money payment ( M-Pesa Paybill, and Airtel Money Paybill)
• Online payment by credit card
• Payment by cash on delivery
8. SPECIAL SELLING / SHOPPING TERMS
All products sold through basic and premium shops will be charged a commission of 12.5 %.That is shops has a Base Price that includes all fees associated with selling.* You simply set the commission price retail † above the Base Price. When you sell an item, we keep the Commission and we send you the Base price.**
Example
PRODUCT: WATCH
Base price: Kshs 2,000
Commission Kshs 12.5% x2,000= 250
Listing Price Kshs 2000+300=2,250
PRODUCT: PHOTO,ARTWORK AND DESIGNS
All Photos, Artwork and Designs sold through our *add art * on Designer Tab will be charged a commission of 35 % every time they will be used.
Example: Design
Base Price: Kshs 2,500
Commission (every time its used) Kshs 35% x 2,500= 875
Markup price Kshs 2,500 – 875 = 1,625
NB: for PREMIUM SHOP the client enjoys the service banner at the slider page (no contacts and emails allowed) and listing products on offer and other marketing levels of their products at a fee. For this service call our management for agreement and setup.