TERMS AND CONDITIONS
Your use of Avatar Creations Ltd services or its website constitutes your acceptance of and agreement to all the terms and conditions.
Use of Website
By using Avatar Creations Ltd.’s website, you confirm that you are either at least 18 years of age or are using the website under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
We grant you a non-transferable and revocable license to use the website, under the Terms and Conditions described, for shopping for items sold on the website. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the website without notice to you.
Some services and features on the website may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
You are the sole authorized user of any account you create with Avatar Creations Ltd and are entirely responsible for all activities that occur under such account.
You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorized use of your account and/or password.
By providing your contact information such as phone number and email address, you agree to receive information including but not limited to availability of items in your order, status of your order, promotions, other information that Avatar Creations Ltd may deem fit to send you. At any point, you may request us to discontinue sending you such information.
If Avatar Creations Ltd believes that there is likely to be a breach of security or misuse of the Avatar Creations Ltd website, we may require, you to change your password or we may suspend your account.
Within reason, Avatar Creations Ltd may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.
Avatar Creations Ltd shall not be responsible or liable in any way for any loss or damage of any kind incurred because of, or in connection with, your failure to comply with these Terms and Conditions.
The Avatar Creations Ltd website may allow the submission of various kinds of communication in the form of comments, reviews, photographs, videos, comments and other communication by users of the website.
All such submissions will be considered non-confidential and will be available for Avatar Creations Ltd to use as it deems fit in any medium and in any territory globally.
All users of the Avatar Creations Ltd website hereby agree not to submit material that is
copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material;
is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate;
could damage the reputation of Avatar Creations Ltd or any third party; or
Impersonates another person. Avatar Creations Ltd reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.
Avatar Creations Ltd does not endorse submissions made on its website and Avatar Creations Ltd disclaims any liability in connection with any submission. You accept that by accessing Avatar Creations Ltd.’s website you may be exposed to submissions that may be offensive, inaccurate or distasteful, and you hereby waive any legal rights or claims you may have against Avatar Creations Ltd in relation to this.
Website Content and Pricing
While care is taken to ensure the content published by Avatar Creations Ltd on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients and prices, is accurate and complete, errors may occur, and you hereby agree that Avatar Creations Ltd will not be liable in any way for such content.
Though content may be the same, depending on item version (e.g. books), images on the site may differ slightly from actual item. Also, prices of items that need to be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated to enable you make a buying decision. However, you will only be billed for the actual weight purchased; any difference in guide to actual price. Actual price of weighed items will be fully visible to you upon delivery and accompanied by the respective receipts.
In line with this, Avatar Creations Ltd reserves the right to refuse or cancel any order if the order contains item(s) that are mis-priced or contain incorrect, inaccurate or incomplete content, we endeavor to contact the client prior to cancellation of any order.
Order Acceptance & Cancellation
Avatar Creations Ltd reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, Avatar Creations Ltd will ensure that the cancellation of any order is communicated in an appropriate time and manner.
Orders Including Alcoholic Drinks
Alcoholic drinks may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the Avatar Creations Ltd website, you confirm that:
you are at least eighteen (18) years of age; and
you will provide legitimate and legally recognized identification confirming your age to the dispatch Team upon delivery of your order
you accept that failure to provide such identification may result in Avatar Creations Ltd and its employees or agents refusing to deliver your order
You accept that Avatar Creations Ltd and its employees or agents reserve the right not to fulfill delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in any way.
Third Party Websites
Avatar Creations Ltd may provide web links to websites owned or operated by third parties. Avatar Creations Ltd does not endorse the content or any products or services available on such websites and is not responsible for such content. Your connection to any other websites from the Avatar Creations Ltd website is at your own risk.
Use of Material
Unless otherwise stated, all rights to materials, content, layout and design of this website are proprietary to Avatar Creations Ltd. Users of this website may browse the website and may download material displayed on the website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this website, or the making of any derivative works from this Website, is prohibited without the express permission of Avatar Creations Ltd.
Trademarks and Copyrights
This website is owned, controlled and operated by Avatar Creations Ltd. All material on this website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or provided us permission to use such material.
The material on the Avatar Creations Ltd website may be used by you for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Avatar Creations Ltd, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
Avatar Creations Ltd does not claim ownership Images and product descriptions that maybe used on the Website for purpose of enabling shoppers view and identify the products for purchase or understand more about the products through sharing of product description from similar / relevant platforms.
Avatar Creations Ltd offers no guarantee that items on the Avatar Creations Ltd website are appropriate or available for use in locations outside Kenya and accessing the Avatar Creations Ltd website from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the Avatar Creations Ltd website is done in accordance with applicable local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided by Kenyan courts.
Limitation of Liability
You agree that Avatar Creations Ltd shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from or in connection to use of Avatar Creations Ltd.’s services or website. In no event shall Avatar Creations Ltd.’s total liability to you exceed the amount paid by you to Avatar Creations Ltd.
At Avatar Creations Ltd.’s discretion and without prior notice to you, Avatar Creations Ltd may suspend or terminate your access to the Avatar Creations Ltd website.
Upon any termination of your access to the website, you shall immediately cease all access to and use of the Avatar Creations Ltd website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the website in whole or in part.
If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of Avatar Creations Ltd in operating the website, kindly feel free to contact us using the necessary formal options i.e. Email.
For your convenience, we offer several windows in which we expect to deliver your order. At checkout, you may select your preferred window and we will make every attempt to deliver within that time. If there is a delay to delivering your order within the exact time window, you will be notified as much in advance as is possible. Ultimately, the delivery windows are a guide and we are not contractually bound to deliver within the stipulated time. That said, majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this consistently.
Communicating with You During Order Processing
While processing your order, we may need to contact you to discuss availability of some of your items and or any replacements we may want to suggest to you in a timely manner to allow us process and deliver your order within your preferred delivery window or proceed as advised by you. Customers who are late in responding may have their delivery rescheduled in order not to delay delivery of other customer orders slated for the same window.
Access to Your Delivery Location
We always endeavor to deliver your order directly to your doorstep, however if access to your location is limited due to a dilapidated road, flooding, road blocks, civil unrest or any other encumbrances, then we will require you to notify us in advance and to meet the delivery driver at a convenient and more accessible location. Failure to notify us of any such issues may result in a delay and/or rescheduling of your delivery or a cancellation of your order.
Access Within Your Building
Our delivery drivers are very happy to carry your order to your doorstep and even into your home, if you want them to.
If you leave in a gated community that security doesn’t allow Tracks or Riders through, then kindly decide to meet or grant special access for our delivery Team.
Meeting Our Delivery Driver
To enable our delivery drivers effect timely deliveries, they are mandated to wait a maximum of 15 minutes for each customer to receive their orders from them. After contacting a customer (either by phone call or SMS) and the customer is either unresponsive or fails to show up after 15 minutes, Dispatch will leave, and another delivery attempt may be made which may be subject to an extra charge. Also note that Avatar Creations Ltd will not be liable for any damage caused to products (such as fresh meat and vegetables or frozen produce) because of the additional time the products spend due to a customer being unresponsive and or unavailable to take delivery of such products.
When we receive customer orders, we begin processing them immediately. And because we do not hold our own inventory and we only purchase from other vendors and retail outlets when customers place orders, as soon as customers pay for their orders, we start purchasing their selected products from the merchant. The retailers we buy from have a no-return policy so, we in turn, are unable to return any items customers purchase from us to the retailers. Thus, once an order has been placed and paid for, Avatar Creations Ltd is unable to accept a cancellation of the order. Neither is Avatar Creations Ltd able to process a refund of any amounts paid. This, however, does not affect customers’ rights to a refund if an ordered item is unavailable or undelivered.
If we deliver an incorrect or damaged item (damage that has been caused by us), we will happily replace the item at no additional cost to you. For us to replace such items, customers will need to notify the dispatch team of their observation at the point of delivery.
Once customers have taken delivery of their order and signed confirming this, they take ownership of the items and Avatar Creations Ltd will not accept any returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing.
Avatar Creations Ltd will not accept returns for items that have no material damage to them. Products that are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, rust, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by Avatar Creations Ltd as a return.
If an item you ordered is unavailable, we will continue to check for the item until it is back in stock. If, after our checks, the item remains out of stock, any credit due to you will be added to your Avatar Creations Ltd Account or transferred back to you. In instances where your address is not within our delivery coverage locations or we later receive a payment which did not reflect in our account at the time you made it, we may process a refund to your account after deducting relevant charges.
Treatment of Our Team
Avatar Creations Ltd employees always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with our services. We expect that our customers will accord the same courtesy and respect to all our employees they may engage with via email, over the phone or in person.
Our Team mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our staff by anyone. Any breach of this by a customer may result in our refusal to fulfill the customer’s order.
In such an instance, if the items in the customer’s order have already been picked and paid for, we may decide not to deliver to the customer’s location and instead require the customer to pick up the order at a location of our choosing. If, however, the items have not been purchased, we may process a refund after deducting relevant transactional and operational charges and costs Avatar Creations Ltd may have incurred. Avatar Creations Ltd reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.