Terms & Conditions
FeelNzuri is brand owned and used by Maven Luxury Limited.
This page (together with the documents referred to on it) informs you of the terms and conditions ("Terms & Conditions") on which we sell any of the products ("Products") listed on our website www.feelnzuri.com (the "Site") to you. Please read these Terms & Conditions carefully when using the website and before ordering any Products from the Site. You should understand that by using the website and ordering any of the Products, you agree to be bound by these Terms & Conditions. Please also note that the use of the Website, its contents and materials here-in and on all other website pages are subjected to the terms contained in the Disclaimer and Terms of Use, which apply whether or not you order any Products from the Site.
We take privacy seriously. The categories of personal data that we process depend on how you use our services. We use your data to align our online and in-store services with your preferences, to provide you with information or advice on how to purchase and all our relevant and updated services, to deal with your requests or relay information, to contact you regarding tailored products and services which may be of interest to you, or to carry out relevant administrative services. All personal data is processed in accordance with applicable data protection laws in Kenya under the Communication Authority of Kenya. For a full version of our Privacy Policy, please see Privacy Policy.
01
INFORMATION ABOUT US
The Site is operated by Marven Luxury Limited - FeelNzuri ("we/us"). We are registered in Kenya under the company name MAVEN LUXURY LIMITED and with our registered office at Kipro Centre, Westlands Nairobi Kenya. Our VAT registration number is P052007116N.
02
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 You may place an order to purchase a Product showcased for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the "Proceed to Order" button.
2.2 After placing an order, we will receive an e-mail (the "Order Confirmation") from you acknowledging that we have received your order and giving an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to check inventory and process a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is available in the stock (the "Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation e-mail for the relevant Product.
2.3 The contract will relate only to those Products whose inventory and stock, we have confirmed in the Dispatch Confirmation e-mail. We will not be obliged to supply any other Products which may have been part of your order until the Order Confirmation of such Products has been confirmed in a separate stock Confirmation and pick-up at our store.
2.4 We may choose not to accept your order for any reason and we will not be liable to you or anyone else in those circumstances.
2.5 We may be unable to process your order if:
- The Product you ordered is out of stock or discontinued;
OR
- There is a problem with authorization of your method of payment.
2.6 The Customer agree that ownership of the Goods shall not pass until, The Customer has paid MAVEN LUXURY LIMITED the Price payable for the Goods; and the Customer has met all other obligations due by the Customer to the Vendor in respect of all contracts between the MAVEN LUXURY LIMITED and the Customer.
03
ORDER PICKUP
3.1 We will package the Products you ordered in accordance with the specified product choice and description option specified by you when you placed your order (e.g. Brand, size, price, gender and number of items).
3.2 We will package and store your item at Our Store/Shop comprised in your order which is supplied by us for you to come and pick up at our specified hours of operation, at the same time albeit on some occasions in multiple packages. Pick-up will be made at our shop outlet address specified. We cannot deliver items within the same order to multiple addresses. We are not responsible for any additional carrying or positioning of Products ordered.
3.3 Pick & Collect: Collect your order from our store using your Order Confirmation e-mail print out, the collection stores. You will be notified by text if you have provided a mobile number when your order is ready for collection, please note that you will be unable to collect your order earlier than the date or time notified or after working hours. You must bring your Order Confirmation e-mail with your contact number. To protect you against fraud, we will not be able to give you your order unless you provide these documents on collection. If someone else is collecting the Products for you, they must bring your Order Confirmation e-mail and copy of ID/Passport and their original ID. Please notify the shop prior if someone else will be picking up the ordered item on your behalf. Whilst we make every effort to have your order ready for collection at the date and or time notified, we will not be liable if we fail to do so in part or in full for circumstances beyond our control. Your order will be available for collection at our store for 10 calendar days, after which time it will be re-stocked for resale. It may take up to 15 days to process your order if it is not available in stock after we have received the order.
04
RISK AND OWNERSHIP
4.1 Once purchased, the Products ordered will become your responsibility and, except in relation to Products that are damaged or faulty when purchased or have been incorrectly packaged, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.2 Ownership of the Products will only pass to you on purchase of the Products to us; or after receiving full payment of all sums due in respect of the Products, (including VAT charges) whichever is the latter.
05
PRICE AND PAYMENT
5.1 The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
5.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due once we have introduced a delivery service from the available options.
5.3 Prices are liable to change at any time.
5.4 We cannot complete your order until you have paid for item(s) in full. Payment can be made by most major credit or debit cards by completing the relevant details on the "Payment Details" at the shop outlet.
5.5 By using a credit/debit card to pay for your order, you confirm that the card/account being used is yours. All purchase fields indicated as compulsory must be completed. Please note that we will only use your information in accordance with our *Privacy Policy*. All credit/debit cards account holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
5.6 Our Site contains an exclusively selected number of Products for display, more so it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced while others stocked at the shop outlet and not displayed on the website. For any errors and omissions, we will rectify any such errors as soon as possible once we become aware of them. If a Product(s) correct price is different from the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
06
OUR CANCELLATION, RETURNS AND REFUND POLICY
6.1 Except in relation to the Products specified in the next paragraph, you may cancel your order (or any part of it) after purchase before the Products are used, picked up or unsealed by you, and up to 2 days afterwards. Please refer to your Returns Receipt with a tracking number for the Returns follow-up for items not in stock or by contacting our Customer Services team at services@feelnzuri.com.
6.2 You may not cancel your order if the Products are (i) personalized for you; or (ii) unsealed not resalable, unless such Products were damaged or faulty when purchased or have been incorrectly packaged.
6.3 Should you change your mind about an item after purchase, you will be under a duty to return the item to us, at your own risk. We will not be responsible for any loss or damage to the Products in transit. All such Products should be returned within 24hrs to 2 Days after purchase. Until such time as they are returned, you must retain possession of the Products and take reasonable care of them. You should return the Products to us unused and in the same condition in which you received them together with the original Product packaging and Invoice.
6.4 After you return your purchased item(s) and returned the Product(s), any sum debited by us to your credit/debit card/cash will be refunded in full. We may make a deduction from the reimbursement for loss in value of any Products if the loss is a result of unnecessary handling or damage by you. We will notify you of your refund within a reasonable period of time. We will usually refund any money received from you using cash or the same method originally used by you to pay for your purchase returned to the store. Refunds for Products purchased as gifts can only be given to the credit/debit card of the person who made the purchase. We will process the refund due to you as soon as possible and, in any case, within the earlier of
(a) same days we receive back the Products from you at the shop;
(b) 4 days after you provide us with evidence that you have returned the Products and it is not in stock; or
(c) suggest and if you choose to take/choose an alternative product of the same value.
6.5 If any Product you purchase is damaged, faulty or incorrect, when delivered to you we may offer an exchange or refund as appropriate, in accordance with your legal rights. If you believe a Product is faulty, you should return the Product to us in accordance with the Returns Procedure. If you have any questions regarding returns, please contact us.
6.6 If you have reason to return a Product, you must return the Product by following our Returns Procedure, in person to the specific stores that you purchased the item(s), together with the original Product packaging and proof of purchase. The store will return that item to you and if the Product is eligible for a refund is in stock, the refund will be processed in-store. We will usually refund any money received from you using the same method originally used by you to pay for your purchase or in cash/M-pesa. If you decide to return the Product to our store, the refund will usually be processed as soon as possible and, in any case, within the same day or
(a) 14 days of the day we receive back the Products from you if the item is not in stock; or
(b) The same day of the day you provide us with evidence that you have returned the Products and the item is stocked. If the product you are returning is not faulty, e.g. you purchased an incorrect item, and you choose not to return the item at the specific stores of purchase, we are not responsible for miss-handling or delivery charges to the specific purchased shop in connection with the return of the Product.
6.7 Our policy on purchase cancellations, purchase returns and item refunds does not affect your statutory legal rights under the Consumer Protection Act of Kenya. If you have further questions regarding your legal rights please refer to The Competition Authority of Kenya Guidelines.
07
TRY ME OR PERFUME SAMPLING
7.1 Try me/perfume sampling is a complimentary service that allows you to try out a sample version of our selected product available in stock before you purchase the preferred item(s) at our Stores. This service will be advertised on the relevant shops or web page for sampling visits and will be accorded to you at our store outlets when you visit, subject to availability.
7.2 If after trying the sample, by any chance you don’t like the Product, one of our esteemed customer service or shop attendant will advise on the product selection and purchase process.
7.3 Please note, certain products and services are excluded when sampling.
08
GIFT WRAP(s)
8.1 We are unable to refund gift wrap or ribbon(s) charges if your product is unwanted or you have changed your mind.
8.2 Ribbon messaging shall only be done by you since we do not offer such services.
8.3 Please double-conform your gift purchase(s) carefully before purchase. It is up to you to select the type of gift wrap or package that is available in stock at our outlet. You are responsible for ensuring that any wording that you use on the gift is correct and accurate and does not infringe the intellectual property rights or other rights of any third party or contain anything that is obscene, indecent, vulgar, offensive, blasphemous, scandalous, defamatory, or otherwise inappropriate or which may cause distress or discomfort to the recipient. We cannot accept personalized messages with emojis, symbols or words that may be deemed as inappropriate or offensive.
09
OUR LIABILITY
9.1 We are under a legal duty to supply Products that are in conformity with the contract between us and our suppliers. We accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses). If, notwithstanding clause as above, the Vendor incurs any liability arising in respect of the Goods then in no circumstances shall such liability exceed the Price paid for the Goods in respect of which liability arises. Unless otherwise specified, the Vendor gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the Goods and Services.
9.2 This does not include or limit in any way our liability for death or personal injury caused by our negligence, or our responsibility for fraudulent misrepresentation and any other liability that cannot, under law, be excluded.
9.3 The Customer shall satisfy itself that the Goods are fit and suitable for the purpose for which they are acquired. We make no warranty or representation as to the quality or suitability of the Goods for any purpose other than mentioned on the product and expressly negates any implied or expressed condition that the Goods are suitable for any purpose the Customer may use them for.
9.4 The Customer accepts all risk and responsibility for consequences arising from the use of the Goods other that what its mentioned to be used for, whether alone or in combination with other Goods and Services. The Vendor shall not be responsible for any direct, indirect or consequential loss (including loss of profit) and/or expense arising in respect of the Goods (or use of the Goods) and suffered by the Customer or any third party whether in contract or tort (including negligence) or otherwise.
9.5 Nothing in this section 9 or elsewhere in our Terms & Conditions affects your statutory or human legal rights under the Laws of Kenya.
10
GENERAL
10.1 If any of these Terms & Conditions are declared invalid, unlawful or unenforceable, then that provision shall be deemed to be deleted from these Terms & Conditions and the remaining provisions shall remain in full force and effect.
10.2 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations that are caused by events outside our reasonable control.
10.3 Any formal legal notices should be sent to us at our address set out in the Contact Us section.
10.4 We have the right to revise and amend these Terms & Conditions from time to time without prior notice by changing them on the Site, provided that any such change will not affect any purchases you have made before the change is implemented.
10.5 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
10.6 You and we agree that Kenyan law applies to these Terms & Conditions and that any dispute between us arising out of or in connection with these Terms & Conditions will only be dealt with by the Kenyan Legal courts unless you are resident in another part of the world or a diplomat, in which case the applicable law of that part of the world or diplomatic laws will apply and any dispute will be brought before the courts. We are required by law to inform you that purchases can be concluded in English or Kiswahili only and that no public filing requirements apply.
10.7 All FeelNzuri staff, customers, suppliers and service providers are required to adhere to all COVID 19 guidelines stipulated by the Kenyan Government and (or) WHO Guidelines at all times of operation and shop premises.
10.8 These Terms & Conditions were last updated in January 2022.