Terms of Service
Terms and conditions for using epimaxkenya.com
Last Updated: December 31, 2024
1. Agreement to Terms
By accessing and using epimaxkenya.com ("Website"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, please do not use our Website.
Important: These Terms constitute a legally binding agreement between you and Epimax Kenya. Please read them carefully before making a purchase or using our services.
2. About Epimax Kenya
Epimax Kenya is the authorized distributor of Epimax skincare products in Kenya. We operate as a legitimate business registered in Kenya, committed to providing genuine Epimax products and excellent customer service.
Business Details:
- Business Name: Epimax Kenya
- Physical Address: Stanbank House Shop A604, Wing A 6th floor, Nairobi, Kenya
- Email: epimaxkenya@gmail.com
- Phone: +254 702 129226
- WhatsApp: +254 702 129226
3. Eligibility and Account Registration
3.1 Age Requirement
You must be at least 18 years old to use our Website and purchase products. By using our Website, you confirm that you are at least 18 years of age or have parental/guardian consent.
3.2 Creating an Account
To place orders, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
3.3 Account Termination
We reserve the right to suspend or terminate accounts that:
- Violate these Terms of Service
- Engage in fraudulent activity
- Abuse our return/refund policies
- Provide false or misleading information
- Engage in abusive behavior toward our staff or other customers
4. Use of Website
4.1 Permitted Use
You may use our Website to:
- Browse and purchase Epimax skincare products
- Access product information and skincare resources
- Contact our customer service team
- Subscribe to our newsletter and marketing communications
- Create and manage your account
4.2 Prohibited Activities
You must NOT use our Website to:
- Violate any Kenyan laws or regulations
- Infringe on intellectual property rights
- Transmit harmful code, viruses, or malware
- Attempt to hack, disrupt, or compromise the Website's security
- Scrape, harvest, or collect data from the Website
- Impersonate any person or entity
- Post or transmit false, misleading, or defamatory content
- Interfere with other users' access to or use of the Website
- Use the Website for any commercial purpose without our written consent
- Resell Epimax products without becoming an authorized reseller
4.3 Consequences of Prohibited Use
Violation of these terms may result in:
- Immediate termination of your account
- Cancellation of pending orders
- Legal action and reporting to authorities
- Liability for damages caused
5. Products and Services
5.1 Product Descriptions
We make every effort to provide accurate product descriptions, specifications, and images. However:
- Product colors may vary slightly due to screen settings and lighting
- Product packaging may change without prior notice
- We reserve the right to correct any errors in descriptions or pricing
- Product images are for illustration purposes and may not represent exact product appearance
5.2 Product Authenticity
We guarantee that all products sold on epimaxkenya.com are:
- 100% genuine Epimax products
- Sourced directly from authorized suppliers
- Within their expiry dates at the time of delivery
- Stored and handled according to manufacturer recommendations
5.3 Product Availability
- All products are subject to availability
- We may limit quantities per customer
- Discontinued or out-of-stock items will be removed or marked as unavailable
- If an ordered item becomes unavailable, we'll notify you and offer alternatives or a full refund
6. Pricing and Payment
6.1 Pricing
- All prices are in Kenyan Shillings (KSh)
- Prices include applicable Value Added Tax (VAT)
- Shipping fees are calculated at checkout based on location
- We reserve the right to change prices at any time without prior notice
- Price changes do not affect orders already placed and confirmed
6.2 Pricing Errors
If we discover a pricing error:
- We will notify you before processing your order
- You may choose to proceed at the correct price or cancel the order
- If the order has been dispatched, we'll contact you to arrange resolution
- We reserve the right to cancel orders with pricing errors
6.3 Payment Methods
We accept the following payment methods:
- M-Pesa: Lipa na M-Pesa, STK Push, Paybill, Till Number
- Credit/Debit Cards: Visa, Mastercard (processed through secure payment gateways)
- Bank Transfer: Direct bank deposits (prior arrangement required)
- Cash on Delivery: Available for selected areas within Nairobi (extra fees may apply)
6.4 Payment Processing
- Payment must be completed before order processing begins
- All payments are processed through secure, PCI-DSS compliant gateways
- We do not store your complete card details
- Payment authorization may be required for large orders or first-time customers
6.5 Failed Payments
If payment fails:
- Your order will not be processed
- You'll receive notification of the payment failure
- You may retry payment or contact us for assistance
- Orders are not held beyond 24 hours for payment completion
7. Orders and Fulfillment
7.1 Order Placement
When you place an order:
- You're making an offer to purchase at the stated price
- You'll receive an order confirmation via email/SMS
- Confirmation does not guarantee acceptance of your order
- We reserve the right to refuse or cancel any order
7.2 Order Acceptance
Your order is accepted when:
- Payment has been successfully processed
- We send you a dispatch confirmation
- The contract for sale is formed at this point
7.3 Order Cancellation by Us
We may cancel orders if:
- Products are unavailable or out of stock
- Pricing errors are discovered
- We suspect fraudulent activity
- Delivery address is unserviceable
- Payment authorization fails
- Your account has been suspended or terminated
If we cancel your order, we will:
- Notify you immediately via email/SMS
- Provide a full refund within 5-7 business days
- Offer alternative products where possible
7.4 Order Cancellation by You
Before Dispatch:
- Contact us immediately via email, phone, or WhatsApp
- Provide your order number
- If order hasn't been processed, full refund will be issued
- Processing time: 3-5 business days
After Dispatch:
- Orders cannot be cancelled once shipped
- Wait to receive the package
- Follow our standard return process (see Refund Policy)
7.5 Order Modifications
To modify an order:
- Contact us immediately before dispatch
- Changes are subject to product availability
- Price differences may apply
- We cannot modify orders after dispatch
8. Shipping and Delivery
8.1 Shipping Policy
For detailed shipping information, please refer to our Shipping Policy.
8.2 Delivery Timeline
Delivery times are estimates and not guarantees. We are not liable for delays caused by:
- Courier service delays
- Weather conditions or natural disasters
- Public holidays
- Incorrect delivery information provided by customer
- Circumstances beyond our control
8.3 Delivery Responsibility
- You must provide accurate delivery information
- Someone must be available to receive the package
- Valid ID may be required upon delivery
- Risk transfers to you upon delivery
9. Returns and Refunds
9.1 Return Policy
For detailed return and refund information, please refer to our Refund & Returns Policy.
9.2 Return Window
- You have 30 days from delivery date to initiate a return
- Products must be unopened and in original packaging
- For health and hygiene reasons, opened products cannot be returned unless defective
9.3 Refund Processing
- Approved returns are processed within 5-7 business days
- Refunds issued to original payment method
- Bank processing may take additional 3-10 business days
10. Intellectual Property Rights
10.1 Our Intellectual Property
All content on epimaxkenya.com is protected by intellectual property laws, including:
- Website design, layout, and graphics
- Epimax Kenya logo and branding
- Product descriptions and images
- Text, videos, and multimedia content
- Software and code
10.2 Epimax Brand
The Epimax brand, logo, and product names are trademarks owned by the manufacturer. We are an authorized distributor and use these marks with permission.
10.3 Limited License
We grant you a limited, non-exclusive, non-transferable license to:
- Access and use the Website for personal, non-commercial purposes
- View and download content for personal reference
10.4 Restrictions
You may NOT:
- Copy, reproduce, or redistribute Website content
- Modify, adapt, or create derivative works
- Use our content for commercial purposes without written permission
- Remove copyright or proprietary notices
- Use our trademarks or branding without authorization
11. Limitation of Liability
11.1 Product Use
While Epimax products are dermatologically tested and safe for most users:
- We recommend patch testing before first use
- Consult a dermatologist if you have specific skin conditions
- Discontinue use if irritation occurs
- We are not liable for allergic reactions or adverse effects
- Follow product instructions and warnings
11.2 Website Availability
We strive to keep our Website available 24/7, but we do not guarantee:
- Uninterrupted access to the Website
- Error-free operation
- Freedom from viruses or harmful components
- Accuracy of all information displayed
11.3 Limitation of Damages
To the maximum extent permitted by Kenyan law, Epimax Kenya shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Personal injury (except where caused by our negligence)
- Damages exceeding the amount paid for the product
11.4 Force Majeure
We are not liable for failure to perform due to circumstances beyond our reasonable control, including:
- Natural disasters, pandemics, or acts of God
- War, terrorism, or civil unrest
- Government actions or regulations
- Strikes or labor disputes
- Failure of suppliers or service providers
12. Indemnification
You agree to indemnify and hold harmless Epimax Kenya, its directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your violation of these Terms of Service
- Your violation of any laws or regulations
- Your violation of third-party rights
- Your misuse of products or Website
- Your fraudulent or illegal activities
13. Privacy and Data Protection
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
By using our Website, you consent to:
- Collection and processing of your personal data
- Use of cookies and tracking technologies
- Communication via email, SMS, and phone
- Sharing data with service providers as outlined in our Privacy Policy
14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Kenya.
14.2 Informal Resolution
Before initiating formal proceedings, we encourage you to contact us to resolve disputes informally:
- Email: epimaxkenya@gmail.com
- Phone: +254 702 129226
- WhatsApp: +254 702 129226
14.3 Jurisdiction
Any disputes that cannot be resolved informally shall be subject to the exclusive jurisdiction of the courts of Kenya.
14.4 Alternative Dispute Resolution
We may agree to resolve disputes through:
- Mediation
- Arbitration under Kenyan Arbitration Act
- Other mutually agreed methods
15. Changes to Terms of Service
15.1 Right to Modify
We reserve the right to modify these Terms at any time. When we make changes:
- We'll post the updated Terms on this page
- We'll update the "Last Updated" date
- For significant changes, we'll notify you via email or Website notice
- Continued use of the Website after changes constitutes acceptance
15.2 Your Responsibility
You are responsible for:
- Regularly reviewing these Terms
- Understanding your rights and obligations
- Ceasing use of the Website if you disagree with changes
16. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of law:
- That provision shall be modified to the minimum extent necessary to make it valid
- The remaining provisions shall remain in full force and effect
- Our rights and obligations shall continue as intended
17. Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and Epimax Kenya regarding use of the Website and purchase of products.
These Terms supersede all prior agreements, understandings, or communications.
18. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.
19. Contact Information
For questions about these Terms of Service, please contact us:
Epimax Kenya
- Email: epimaxkenya@gmail.com
- Phone: +254 702 129226
- WhatsApp: +254 702 129226 (Fastest response)
- Physical Address: Stanbank House Shop A604, Wing A 6th floor, Nairobi, Kenya
- Business Hours: Monday to Friday, 9:00 AM - 6:00 PM EAT
Questions or Concerns? We're here to help! If you have any questions about these Terms or need clarification on any point, please don't hesitate to contact us. We value transparency and want you to feel confident shopping with us.
By using epimaxkenya.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Have Questions?
If you have any questions about these Terms of Service, please don't hesitate to contact us.
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