TERMS AND CONDITIONS

Membership Eligibility

The use of thesparesguy.com is available only to persons who can form legally binding contracts under Kenyan governing laws. If you are a minor (under the age of 18 years) you shall not register as a member of thesparesguy.com and shall not transact or use thesparesguy.com website.

As a minor if you wish to use or transact on thesparesguy.com, such use or transaction may be made by your legal guardian or parents who have registered as users of thesparesguy.com. thesparesguy.com reserves the right to terminate your membership and refuse to provide you with access to thesparesguy.com if it is brought to The Spares Guy Online Shopping notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use thesparesguy.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete that thesparesguy.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use. thesparesguy.com has the right to indefinitely suspend or terminate or block access of your membership with thesparesguy.com and refuse to provide you with access to the Website.

Communications.

When you use the Website or send emails or other data, information, or communication to thesparesguy.com, You agree and understand that You are communicating with thesparesguy.com through electronic records and You consent to receive communications via electronic records from thesparesguy.com periodically. thesparesguy.com may communicate with you by email or by such other mode of communication, electronic or otherwise. 

Online Store Conditions.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service or any contacts on this website through which the service is provided, without express written permission by us.

Products and Services.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Modification, Accuracy and Timeliness of Products and Services.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primarily, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

Product and Service Pricing.

Prices for our products and services are subject to change without notice. Unless otherwise stated, all fees shall be quoted in Kenya Shillings.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Third Party Links and Tools.

You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Billing and Account Accuracy.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
Please note that some or limited customers within Nairobi County are eligible to POD (Payment on Delivery) upon consideration by us. All customers are required to make payments as soon as their orders are confirmed. when you order via our online system.

For more detail, please review our Return Policy.

Copyright Claims.

The trademarks, names, logos, and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website owner and affiliate brand owners or partners on this website. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner and brands or partners shown on the website.

User Comments, Feedback and Submissions.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Limitation of Liability; Disclaimer of Warranties.

In no case shall thesparesguy.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In particular, thesparesguy.com may at its sole discretion introduce new services and modify some or all the existing services offered on thesparesguy.com. In such an event thesparesguy.com reserves, without notice to You, the right to introduce fees for the new services. You shall be solely responsible for compliance of all applicable laws including those in Kenya for making payments to thesparesguy.com.

Severability and Termination.

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Delivery and Pickup.

After your order has been accepted, we will confirm with you about the delivery time and date regarding delivery of the product(s). If payment was delayed due to bank approval process, delivery date will be adjusted accordingly. Before the arrival of the goods, you will receive a call notification from our courier. Please check whether all your ordered items are fully delivered. All expected delivery dates and time are estimates only. We shall not be liable for any loss or damage incurred or suffered by the customer because of any late delivery. You shall give no less than 24 hours’ notice from 9:00am to 4:00pm (Sunday and public holiday excluded) to our Customer Service Department hotline or specified means via our e-store in respect of any request for change in delivery time, date and/or place, delivery of additional purchase, or change of purchased item. Please note if installation is required for any item, such installation fee is not included in the delivery fee and will be charged separately. 

When you pick up the product in our agreed pick-up point, you or your authorized representative will be required to produce the unique Code under your email order confirmation for identity verification.  We may need you to provide further information to verify your identity (such as your full name or other personal information under your account profile).  If we are not satisfied that the person requesting to collect your order(s) is yourself or your authorized representative, we will refuse the collection of the order(s) to safeguard your interest. Please collect your purchased item(s) within the designated date of collection.

Customer Communication Contacts.

Questions about the Terms and Conditions of Service should be sent to us using the following address sales@thesparesguy.com or +254 780 914 034.

Updated on 14th November,2024.

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