TERMS & CONDITIONS
Welcome to The Orthoshop online store (hereinafter: “The Store” and/or “The Website”)
1.1. The Store serves as an electronic shopping mall for the purchasing of goods and services by the public of internet surfers.
1.2. The credit company’s confirmation of the transaction and the payment is a prerequisite for the validity of the purchase.
1.3. The instructions of these Terms and Conditions will apply to any purchase and use by you in and of this Store,
and the Terms and Conditions constitute a binding contract between you and The Orthoshop , in every respect.
1.4. You are required to read these Terms and Conditions fully and carefully as a prerequisite for a transaction between the parties.
1.5. Surfing the Store and/or purchasing the product and/or the service offered for sale in it expresses your consent to accept
and abide by the instructions of these Terms and Conditions; therefore, if you do not accept any and/or all of these Terms
and Conditions, we request not to make any use of the Store.
1.6. The terms of these Terms and Conditions may change from time to time and the Store reserves the right to update and/or
change them and/or cancel them according to its judgement alone.
1.7. Please make sure to reread the Terms and Conditions prior to any purchase at the Store.
1.8. Any use of masculine terms made in the Terms and Conditions and/or anywhere else in the Website is for convenience’s sake
alone and the implicit intention is for the feminine, as well.
2. The Right / Eligibility to Use the Website
2.1 Any user fulfilling the accumulated terms specified below may register to the Website in order to carry out purchases:
2.2 The user is competent to perform binding legal actions, in a nature and scope according to the actual purchases made.
The user states and confirms that he is competent to make the purchases and permitted to carry them out in the Store through them.
2.3 In case as the user is a minor (under 18 years of age), the user declares and confirms that the purchase he wishes to make is of
the sort minors his age are accustomed to make and/or that he received his natural and/or legal guardians’ consent to make it.
3. The Products Offered on the Website
3.1. There is a “Sale Page” for every product or service available for sale. The Sale Page includes the name of the product or service
offered for sale, their price, price of delivery and the price including the delivery fee.
3.2. The pictures presented on the Website are strictly for the purpose of illustration. There may be differences between the
appearance and specification of the product and the illustration. In any case of a discrepancy between the actual specification
and the one illustrated in the picture, the actual specification is the binding one.
3.3. This information are subject to the manufacturer’s definitions including size/volume, measurement, methods of inspection,
conditions of inspection, technical specifications and any other information given by the manufacturer/importer.
3.4. Every product’s warranty is in accordance with the warranty certificate and/or the invoice of each product according to the
conditions of the importer/manufacturer.
3.5 When making a purchase with delivery, the service is not necessarily to the customer’s
location but according to the warranty certificate. The terms of the warranty are subject to the terms and/or the invoice according to the terms of the importer/manufacturer.
3.7. Most of the products are in immediate supply. Should a product be out of stock we will update you by e-mail up to six days.
3.8. The prices listed in the Website are only valid until the end of the working day.
3.9. The prices in the Website include VAT, in accordance with the laws of Kenya)
3.10. The prices in the Website are updated periodically.
4. Methods of Sale in the Store
4.1. Sale through the Website is subject to the existing stock in the company’s warehouses.
4.2. The sale process will be completed on the condition that the transaction is approved and confirmed by telephone and/or the
purchaser’s Email within 72 hours from executing the order, as well as that the requested product is available in the Store’s stock
during the sale’s completion. For the avoidance of doubt, charging the customer does not constitute an acceptance of his offer.
4.3. All transactions are on condition that the delivery destination address and the telephone number of the Credit Card
owner’s telephone number are identical to the information given by the Credit Card Company and the Store’s confirmation. The Orthoshop
may cancel a transaction according to its own discretion when there is a concern that the consideration for the purchase will
not be accepted.
4.4. The sale will be completed on the condition the store’s sales department sending an order confirmation to the purchaser’s Email within 72 working hours.
4.5. We try to make sure and update the prices of the products’ prices in the Store in real time; however, the prices of the products sold
in the Store may not be up to date. The binding price is the price given to the customer at the transaction confirmation.
5. Method of Purchase
5.1. Filling in all of the details is prerequisite for the purchase. After filling out all of the information, the party becomes the
“Transaction Maker”. In order to ensure the speedy, efficient and problem-free execution of the order, you must be sure to
give all of the information accurately.
5.2. The Transaction Maker will be charged for the price of the product or service he ordered by means of the Credit Card and
after a transaction confirmation from the Credit Card Companies.
5.3. The information as filled in in the registration page, as well as the transaction registration in the Store’s computers, will constitute
conclusive evidence of the correctness of the transactions. The responsibility for filling in the information lies with the customer
alone. The Store is not responsible for information filled in incorrectly.
5.4. Giving false information is a criminal offence and doing so will result in criminal and civil legal proceedings. The store reserves the
right to cancel an order due to giving false information, be it partial or inaccurate.
5.5. In case the Credit Card Company does not approve the transaction, the Transaction Maker will receive the corresponding notice
within 96 hours and the order will be considered cancelled.
5.6 It is possible to call the sales department of the site and make a reservation by phone.
5.7. For additional information and clarifications, please contact via e-mail appears on the site.
6. Transaction Cancellation [Referring Only to Remotely-Made Transactions Ordered through the Company’s Website (“The Store”)
or by Telephone Only]
6.1. The customer may cancel the transaction in accordance with and subject to the provisions of the Consumer Protection Act
including its regulations (hereinafter: “The Law”).
6.2. Following a remotely-made transaction, the customer will receive a document specifying the details of the transaction listed in
clause 6.4 below (hereinafter: “Disclosure Form”) using the Email given by the customer and/or the mailing address the customer
specified for product delivery, and/or on the date of delivery at the latest, according to The Orthoshop’s discretion. Should the Disclosure Form
not be delivered and/or received by the customer as stated above, for any reason, the customer will act without delay to inform The Orthoshop
and/or the Store that he did not receive the Disclosure Form mentioned above in this clause .
6.3. Below are the details of the transaction to be included in the Disclosure Form according to the instructions of clause 14c(b) of the Law:
6.3.1. The name, identity number and address of user.
6.3.2. The main properties of the product;
6.3.3. Price of the product and terms of payment applying to the transaction;
6.3.4. Methods of transaction cancellation according to clause 14c(c)(1) of the Law, which are: from the day the transaction was made
and up to fourteen days from receiving the product, or from the day the Discovery Form containing the information mentioned in
clause 6.3 was received, the later of the two;
6.3.5. Information about the product warranty;
6.3.6. Further conditions apply to the transaction, insomuch as there are any.
6.4. Products that were removed by the customer from their original
packaging (or that their original packaging it suspiciously torn) – will not be returnable / cancellable / replaceable.
6.5. Product return policy not due to defect in remote transactions:
6.5.1. This policy applies to transactions made in the Store’s Website (remote transaction) and transaction made by telephone only.
6.5.2. When cancelling a remote transaction and/or any other transaction, the Store may to deduct a cancellation fee from the sum the Law
requires it to return to the customer.
7. Shelf Product Return
A shelf product bought in the Store and/or ordered by telephone may returned up to 14 days from the date of the purchase and receive a store
credit or a full refund should the following accumulated conditions apply:
7.1. Returned in its original packaging and there was not any real deterioration of the product and/or its packaging.
7.2. The product had not been used at all.
7.3. Subject to cancellation fees set by law and to the Store’s policy.
7.4 Cancellation and credit and / or replacement is conditioned by presentation of the original invoice of the purchase.
7.5 After 14 days from the date of purchase there is no option to return the product.
7.6 In order to return a product that was delivered to the customer, it is mandatory to return the product to the Store. In addition the product must be in the same condition you received it and in the original packaging (along with the original invoice) by the client.
7.7 If the client thinks the product he received has a defect the client should contact the store immediately and no later than 14 days from receiving the product. The store will contact the client and instruct the client about how to return a product for check.
7.8 If the company will found a defect in the product, the costumer can get a new product with no additional charge of shipping or alternatively a full refund for the product and the shipping charges he paid as far as the product was send to the client.
7.9 The shipping costs will be charged before sending the product, together with the invitation. It is agreed that the Sending Confirmation is a conclusive evidence that the customer has received the product.
8. Transaction Cancellation by the Store
The Store may to cancel a transaction or a sale in its entirety or in part in the following cases:
8.1. If there was a mistake in the presentation of the item in the Store and/or in the product’s delivery to the customer, be it in the
price of the product or in the description and specifications of the product.
8.2. If it will be found that there was malfunction in communication and/or any other technical problem that distorted the price of the
product and/or its description.
8.3. In case of prevention and/or delay due to force majeure, such as, but not limited to: an act of war; hostilities; terror; cyber-attack;
intentional or unintentional malfunction in the Store’s Website; strikes and lockouts; extraordinary natural events; malfunctions in
clearing credit cards and any other reason that is not the result of an action or omission of the Store; and/or in any case where the
Store decided, according to its own discretion, that there is a suspicion that the transaction was carried out as a part of a wholesale
purchase; and/or for the purpose of resale but the purchaser or his representative.
8.4. If the product run out of stock in the Online Store’s inventory before or after a transaction was carried out (but before the delivery to
8.5. When there is a concern, by the discretion of the Store, that the consideration for the purchase will not be accepted.
8.6. Any transaction cancellation made according to the instructions of this clause will not charge the customer with cancellation fees for
the transaction’s execution.
9. Supply of Products
9.1. The Store will be responsible for supplying the product or service purchased in the Website to the address as filled in in the
registration page within the time specified in the product’s Sale Page unless explicitly mentioned otherwise.
9.2. In so much as the customer opts to receive the product by delivery, the Store will act to supply the product in up to six workdays
by courier mail, in up to ten workdays by registered mail, and subject to full payment with the Credit Card.
9.3. The Store will not be responsible for lateness in the delivery of the product under circumstances that arise to force majeure and/or under circumstances beyond its control.
9.4. In areas with access restricted to the Store’s delivery service and/or supplier, they may deliver the products to the customers in a
nearby and acceptable location agreed upon ahead of time with the customer.
9.5. The deliveries will be made to areas where registered mail reaches by the Postal Corporation of Kenya and/or areas where UPS company
reaches and/or courier mail according to the chosen method of delivery.
9.6. It should be made clear that there is a different rate for delivery to remote destinations. The rate will be provided by telephone following the purchase according to the type of package.
9.7. Times of delivery of the products and/or services as specified in the Sale Page include business days only, namely
Sunday-Thursday, not including Friday and Saturday, holiday eves and holidays.
9.8. Products are delivered to the customer’s home by courier service of to the postal service branch near the customer’s home according to the specifications of the order and according to the procedure of mail distribution in the location.
9.9. The term shipment and supply in these Terms and Conditions means: all the necessary actions from the moment the product is
received in the suppliers warehouses to its actual delivery to the customer. These actions include reception, sorting, packing,
marking, sending, delivery and insurance.
9.10. In some cases, a product appearing in the Website may have run out from the Store’s stock and it will only be found out after the purchase was made. In this case, the Store will contact the customer, he will not be charged and the order will be cancelled.
9.11. Delivery supply time is measured starting from reception of order confirmation by the Store.
9.12. Courier service delivery – the courier will arrive at the address of delivery between the hours 8:00 and 18:00 until the end of the
business day via courier mail during these hours and without appointment.
10. Intellectual Property
10.1. The Website and information it contains, including the Website’s design, sketches, designs, illustrations, pictures, photographs,
maps, video clips, text, graphics, etc., are the property of the Store and/or third parties represented in the Store and are protected
by Kenya Copyright Legislation, international treaties and other countries’ copyright laws.
10.2. Do not copy, fax, distribute, present, reproduce, create derivative works, change or sell any part of the content included in the
Website without the prior explicit written approval of The Orthoshop.
10.3. Do not copy and/or reproduce and/or distribute and/or publish and/or use the contents presented in the Website and/or do
anything to them, directly or indirectly, that constitutes a breach or violation of The Orthoshop’s intellectual property unless we allowed it explicitly in writing ahead of time.
11. Customer Service
For information and clarifications as to the operation of the Website and its activity, you can contact us
(Please specify telephone number when sending an Email).
12. Information Security
12.1. The Store takes best practice security measures to safeguard, as much as possible, the confidentiality of information given by
12.2. Any transfer of a credit card number from the Website is encrypted in accordance with the PCI DSS standard. In instances beyond
its control and/or arising from force majeure, the Store will not be responsible for damage of any kind, indirect or direct, caused to
the customer or his representative and/or if that information is lost or reaches a hostile entity and/or used without permission.
12.3. The Store undertakes no to use the information of the customers registered in the Website except for the operation of the Website
and in order to enable the purchase in accordance with the instructions of the Terms and Conditions and any legislation.
12.4. The customer undertakes neither to commit nor attempt to commit: (i) any change to the Website and/or (ii) copy and/or download
material stored in the Website including via: “Spider”, “Page-Scrape”, “Robot”, “Peep-Link” or any other method, algorithm, or
manual procedure and not to download or copy and/or pass to another information stored in the Store’s Website that is not intended
for download and/or transfer; (iii) not to try to receive access to transactions carried out by others by any means; (iv) not to do
anything that might jeopardize the Store’s intellectual property, compromise the privacy of other users, change information in the
Website and/or damage the Store Website and/or its users, or any of them.
12.5. Without limitation and without derogating from any other remedy or procedure, it is hereby clarified that the Store will be permitted
to deny access from a user who, by the sole and exclusive discretion of the Store, performed or attempted to perform in the
Website any action against any legislation and/or the instructions of these Terms and Conditions.
Your privacy is important to us. In order to improve our protection of your privacy, we provide this information about our privacy protection policy and the options you face while visiting the Website as well as our conduct regarding Website information gathering.
14. The Information We Gather
In the Website pages where you can order a product or a service, order information etc., the following information is required: name, address, Email, telephone, etc. Sometimes you can list information that is relevant to another person; for example, when you order a present for another person you list their name, ID number, Email, address, telephone, etc.
15. What Do We Do With the Information?
15.1. We only use the information given to carry out an order of a product, service or information solely for the purpose of carrying
out that order and the tasks it entails. The information is not transferred to any other party. A person’s information provided for
a present’s delivery will be used for that purpose only. Should you send us an Email, we will use the Email address you sent
from for a reply and nothing else, nor will we provide any other party with the address.
15.2. If you are interested in additional information, you are welcome to inform us of this and we will act accordingly. We will not use
your information to this end in any case unless you specifically asked us to.
15.3. We use non-identifying information, namely information that cannot be associated with a specific person, to improve our
Website and update our business conduct and our services, and provide this information to other parties, including the ones
advertising in our Website. For example, the number of visitors to the Website, number of women registered for a specific
questionnaire in the Website, etc., but no information personally identifying the visitor to the Website.
16. Our Commitment to Information Security
We take reasonable steps to prevent unauthorized access to the Store’s computers. We make every effort to keep the information up to date and ensure correct use of data. We have implemented physical, technological and electronic procedures to secure the information we gather in the Website.
17.1. The Store and/or its representatives will not bear any direct, indirect, special or consequential damages caused to the user or to
a third party as a result of using the Website or purchasing through it, whatever the grounds for the claim may be, including loss
of income and/or prevention of profit for any reason whatsoever.
17.2. The store will not be responsible for the assembly and/or installation of products purchased through the Website and this liability
will apply to the customer and at his expense unless written otherwise.
17.3. Only the customer will be responsible for the maintenance and service required for the product purchased through the Website
unless written otherwise.
17.4. The Store’s computer records regarding activities undertaken through the Website will be an alleged evidence for the correctness
of the operations.
17.5. The store reserves the right to change the Terms and Conditions at any time. The latest version is the binding one.
18. Choice of Law and Arbitration
The law applicable to these Terms and Conditions, its interpretation, effect, application and enforcement is the law of the Country of Kenya alone. Any dispute or disagreement between the parties (The Store and the customer) in connection with this Terms and Conditions, their implementation, interpretation, applicability or effect, will be submitted, exclusively and conclusively, to an arbitration process conducted by the Kenya Institute of Commercial Arbitration in accordance with its rules, while rejecting the authority of any other judicial or quasi-judicial entity. Should the decision by law will state the ruling should be made by another judicial and/or quasi-judicial entity, such authority shall be assigned to a competent court in the central region only. The laws of the Country shall apply exclusively.