This website, www.usnkenya.com, (“our website”) is owned and operated by:

Ultimate Sports Nutrition Pty Ltd (‘USN’), a company registered in accordance with the Company Laws of the Republic of Kenya and with registration number C.145881, which has its principal place of business at Kalson Towers, 3rd Floor, 22 The Crescent, Parklands, Nairobi.

Should you have any queries or questions regarding our products or services, these T’s & C’s and/or our website, please address your queries to sales@usnkenya.com.

Please note that the use of our website, our products and all online orders at www.usnkenya.com are subject to the terms and conditions contained herein. Please ensure that you have read and understood these Terms and Conditions (T’s & C’s) before using this website, placing any orders and/or entering into any sort of credit and/or COD agreement with ourselves.

The T’s & C’s consist of three sections, namely:

1. GENERAL TERMS
2. ONLINE ORDER & PURCHASE TERMS
3. DELIVERY AND RETURNS POLICY

GENERAL TERMS

1. Our website may only be used for personal, non-commercial browsing, shopping and information purposes. No other use is permitted without our prior written consent.
2. The unauthorised use of our website, including but not limited to, copying, reproduction, variation, modification or distribution the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.
3. We do our best to ensure that the information on our website is accurate.
4. Comments and opinions uploaded onto our website by our users and guests are their opinions and do not in any way represent our views, opinions or beliefs.
5. By using our website, you agree to and are bound by these T’s & C’s. Any other terms whether express or implied not contained herein shall not be of any force or effect.
6. We reserve the right to amend these T’s & C’s, from time to time and without giving you prior notice of such amendments. Accordingly, it is incumbent upon you to regularly check for any amendments to these T’s & C’s, which will naturally regulate your continued use of our website.
7. We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these T’s & C’s or for any other reason whatsoever.
8. We use “cookies” to identify and collect data in respect of the device with which you connect to our website. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorized use.
9. When you visit our website, you are not compelled to provide personal information. Our website servers will however collect data in respect of the device with which you connect to our website, as contemplated in clause 8 above. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. We use this information to determine the use of the website, and to improve the content thereon.
10. Your privacy is important to us and we will therefor make reasonable efforts to ensure that any information that you upload on our website will be stored on a secure server.
11. Our secure server encrypts your personal information in order to minimise the risk of unauthorised disclosure or interception. Please see our Privacy Policy for further information.
12. We will not disclose, sell or rent your personal information to third parties without your consent unless we are legally compelled to do so.
13. All sensitive data is secured stored within USN’s payment gate service provider, MyGate’s systems using internationally recognised 256-bit encryption standards. The data that they hold is extremely secure and strict policies are in place ensuring limited and secure access to their servers internally are maintained. The information they store is highly regulated and audited regularly by a Quality Assurance Assessor (QSA). Additionally, MyGate is PCI DSS Level 1 certified, which is the highest level of compliance. They are audited annually by a QSA ensuring that the upmost security is maintained at all times.
14. MyGate maintains multiple private links into the banking network that are completely separate from the Internet and which do not cross any publicly accessible networks. Any cardholder information sent to the banks and any authorisation message coming back is secure and cannot be tampered with.
15. Any credit card would be asked for 3D secure enrollment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank.
16. No credit card data will be stored.
17. No unauthorized access to the payment pages site will be permitted. Only USN as a known entity will be allowed to direct encrypted payloads to the Payment pages.
18. All copyright, trade mark, patent and other Intellectual Property (“IP”) rights embodied in any logos, text, images, video, audio, products or other material on our website are owned by or licensed to USN International Brands Pty Ltd (“our licensor”).
19. All data obtained from our website belongs solely to our licensor.
20. Unauthorised use, reproduction, modification and/or distribution of our licensor’s IP is strictly prohibited, and such use shall only be permitted with our, or our licensor’s, prior written consent.
21. You use our website entirely at your own risk.
22. We shall not be liable for any loss or damages suffered by you, whether direct, indirect, incidental, special or consequential, caused or arising from the use of our website or the purchase of our products.
23. We cannot and do not warrant that the use of our website will be uninterrupted or error free, or that our website or website servers are free from viruses or other harmful components.
24. Should any of these T’s & C’s be found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
25. Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on our part shall not in any way operate as or be deemed to be a waiver by us of any rights under this agreement, or be construed as a novation thereof.
26. These T’s & C’s are governed by the laws of the Republic of Kenya.
27. When registering, you will be required to choose a User ID and a password. Please keep your password private.
28. You will be required to enter your user ID and password each time you visit our online shopping site. To amend any registration particulars please click on MY PROFILE and edit your details.

ONLINE ORDER AND PURCHASE TERMS

These are the terms and conditions on which we will contract with you (“the Conditions”).

1. Definitions

1. “Buyer” – the person, firm or company who purchases the Goods from the Company.
2. “Company” – Ultimate Sports Nutrition Pty Ltd, Reg No. C. 145881 (also known as “USN”)
3. “Contract” – any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions.
4. “Goods” – any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

2. Application of Terms

1. All Contracts shall be subject to these Conditions (T’s & C’s) to the exclusion of all other T’s & C’s (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2. Any alternative T’s & C’s or any addition, alteration or variation to these T’s & C’s or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company.
3. Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.
4. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an e-mail shall constitute confirmation or acceptance of such order. The order confirmation e-mail will state the following: the goods to be delivered; the delivery fees; Value-Added Tax and the amount debited from your payment card.
5. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

3. Description

All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues, brochures or on its website are issued, published or displayed for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and shall not be treated as constituting any warranty, representation or condition in relation to any of the Goods. This is not a sale by sample.

4. Delivery

1. Goods will only be delivered once payment has been confirmed by USN where after the Goods will be delivered as follows:
2. to the Buyer by courier services.
3. to the specified physical delivery address as stated on the online order form.
4. on any day from Mondays to Fridays, between 09:00 and 16:00.
5. If the Buyer does not properly accept delivery, the Goods will be deemed to have been delivered and risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence).
6. Any complaint of short delivery or defects discoverable on reasonable inspection must be notified to the Company within 7 days of receipt of the Goods and confirmed in writing at that time by the Buyer to the Company.
7. The Company shall give credit for any defective Goods provided that condition 4.4 has been complied with and that the defective Goods have been returned to the Company, accurately identified and packaged appropriately. The Company’s liability for non-delivery of Goods shall be limited to issuing a credit note at the appropriate rate within a reasonable time.
8. Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be of the essence.
9. No delivery fees are charged for orders over KES 5,000. Orders under KES 5,000 have a KES 300 flat rate delivery fee.
10. No deliveries will be made on weekends and public holidays. We will use our best endeavors to effect deliveries within the above stated time. Whilst we will endeavor to ensure that goods are delivered timeously, we shall not be responsible for any delays in the delivery of such goods, and you will not be entitled to refuse acceptance of such late deliveries.
11. Upon delivery of the goods, you or any other person to be found at the specified delivery address will sign our official delivery note or the delivery note of any authorised independent carrier which signature will constitute delivery of the goods purchased.
12. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
13. Should no one be in attendance at the time of delivery, the driver of the courier service will return the products to our warehouse and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternative delivery time. We reserve the right to charge an additional delivery fee should it be required in the circumstances.

5. Risk/Title

1. Risk in the Goods shall pass to the Buyer upon delivery.
2. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of:
3. the Goods; and
4. all other sums which are or which become due to the Company from the Buyer on any account.

6. Price and Payment

1. Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out on the Company’s website (inclusive of Value Added Tax) as at the date of delivery or deemed delivery. The Company reserves the right to alter the prices of any goods and services from time to time and without prior notice to you.
2. Payment for the Goods shall be made, without any set-off, deduction or counterclaim whatsoever. We will debit the total value of your online order against the payment card tendered by you during the online order process. Time for payment shall be of the essence.
3. No payment shall be deemed to have been received until the Company has received cleared funds via the payment gate with a 3D Secure enabled card or Instant EFT. Only bank cards of Kenyan banks are accepted, no foreign bank cards.
4. By submitting your order, name, ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
5. All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision or any act or proceedings which involves the solvency of the Buyer.

7. Cancellation

1. You must notify us in writing within 24 hours after submission of the online order of your intention to cancel the Contract/order. Notification of cancellation must be submitted to: sales@usnkenya.com. It will only be possible to cancel the order if it has not already been sent out for delivery. If it has been sent out for delivery already you will have to wait for the parcel to arrive and then still email us at sales@usnkenya.com. You will be able to view the status of your order in your ‘My Account’ profile.
2. Cancellation of Contracts/orders will be accepted at our sole and absolute discretion and we do not provide a warranty that any cancellation of any order will be accepted.
3. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the Contract and the cancellation thereof.

8. Limitation of Liability

1. The following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
2. any breach of these T’s & C’s; and
3. any representation, statement, act or omission including negligence arising under or in connection with the Contract.
4. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from the Contract.
5. The Company shall not be liable for:
6. loss of profits; or
7. loss of business; or
8. depletion of goodwill and/or similar losses; or
9. loss of anticipated savings; or
10. loss of goods; or
11. loss of contracts; or
12. any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
13. The Company’s total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss.

9. Assignment

The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

10. Force Majeure

The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 6 months, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

11. General

1. Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
2. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
3. Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
4. Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
5. The parties to the Contract do not intend that any term of the Contract shall be enforceable by any person that is not a party to it.
6. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of the Republic of Kenya and the parties submit to the exclusive jurisdiction of the Kenyan courts.
7. Notices: Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and addressed to the other party at its registered office, principal place of business or, where the Buyer is a consumer, home or such other address as may at the relevant time have been notified to the party giving the notice where such notice shall be deemed to have been given when delivered if delivered by hand and 2 working days following the date in which the said notice was so posted.

DELIVERY AND RETURNS POLICY

Delivery

Please see details of our delivery and shipping terms and conditions in our FAQ’s: Delivery Policy, which are incorporated by reference. In order to consider and process your registration, USN will require you to provide USN with information, including personal details and your delivery address. Please ensure that you provide a valid street address where somebody will be available to receive the parcel between 9am and 4pm as the courier service cannot provide specific delivery times. If you are unlikely to be at home during those hours, please provide an alternative address at the time of ordering.

Orders are dispatched from our warehouse within 24 hours of being received, except on a Saturday, when orders are dispatched the following Monday. Delivery normally takes place within 48 hours of placing an order to metropolitan areas. Regional deliveries can take up to 3 working days. All orders place before 2pm on a business day will be dispatched that day. Orders received after 2pm will be dispatched the following business day.

Tracking order

You can track your order via the ‘My Profile’ functionality on www.usnkenya.com, otherwise please contact us www.usnkenya.com, Mon – Fri 09:00 – 16:00.

Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). If you are not satisfied with your purchase and would like to return the goods, please email us at www.usnkenya.com within 7 days (unless otherwise specified) after receiving your parcel, specifying the reason for the return. If the return request is valid, a collection of the product in question will be done and it will be returned to USN for inspection. If you receive your order and find that it has been damaged, is defective in any way or is not the item which you ordered, then USN will arrange a refund by means of a voucher code which can be used again on www.usnkenya.com. The voucher code will be sent to you by email. USN will only refund your credit card if no other resolution can be found for the situation. Please do not return an item without informing USN and please ensure that all returned goods are clearly marked with your name and original order details.

PLEASE NOTE: Returned products, excluding products that have been found to be defective, must meet the following criteria to be eligible for a refund:

1. be in resalable condition, unsoiled and with no damage to the container, lid, seal or label.
2. be unopened.
3. be in the original packaging.
4. be returned to USN within 7 days of receipt.

If the product has been opened, USN will only issue a refund if the product is found to be faulty/defective/inconsumable. You have 7 days to email us about it. The Quality Control team will inspect the product and compare it versus the retention sample before issuing the customer with a voucher code to the same amount of that of the product purchased initially. If the product has been opened and isn’t defective, it cannot be returned to USN.

Please contact USN on sales@usnkenya.com if you have any questions or queries regarding your return. Please note that returns can take between 7-10 business days to be received and processed, however, USN will do our best to minimise any delay.