Terms and Conditions

NAWAL SHOPPING CENTRE

1. Use Of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

2. Rights

Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or

Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

3. Delivery Policy

When you click to make a purchase with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions as well as our delivery information. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. 

Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions and delivery information for such purchase. Once payment has been made you may not cancel the order. If you would like to cancel your order you must request a refund from our sales department.  If you have any queries please contact us before making any purchase for any service through this website. We are not responsible for delayed deliveries caused by any problems which may arise due to the importation of goods. This includes, but is not limited to, warehouses delaying orders, customs detaining shipments, natural disasters, riots, strikes, customs inspections, Port Health inspections or flight delays. This means that if an order is delayed, the customer is not entitled to a refund.

Delivery estimates are only estimates. Refunds will be made at the discretion of Nawal Shopping Centre. Please do not purchase if you do not agree to these conditions. Further to this, if delivery is made and you are not available at the address and/or your phone number is not working - resulting in the shipment been returned to us - the customer will be liable for shipping costs due to non delivery.

4. Refunds

Should you for any reason wish to cancel your purchase you will be liable for all shipping costs that may arise, caused by the shipping of the requested item back to the original seller. An additional cost of 30% handling fee will also be charged.

You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. Refunds are subject to the supplier authorizing the return.

All return requests must be made less than 48 hours from delivery. Items of a personal nature cannot be returned (jewelry, clothing, etc.). Only items that are unopened in their original packaging may be returned. Not all returns or cancellation requests will be granted.

5. Payment Options

All transactions will be processed in Kenyan Shilling (KES). We accept credit card payments, MPESA, and Airtel Money which are 100% secured.

6. Security Policy

The Merchant does not have access to credit details.

Our Service providers continually reviews and enhances its security in line with technological changes.

7. Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

8. Electronic Communications

When you visit nawal shopping centre or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nawal Shopping Centre or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Nawal Shopping Centre and protected by international copyright laws. All software used on this site is the property of Nawal Shopping Centre or its software suppliers and protected international copyright laws.

10. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nawal Shopping Centre does sell products to children, but it sells them to adults, who can purchase with a credit card and mobile payment via our secure payment gateways. If you are under 18, you may use Nawal Shopping Centre only with involvement of a parent or guardian. Nawal Shopping Centre and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

11. Personal Information

By submitting the information on this website visitor confirms that he/she submits own and correct information, and gives permission to Nawal Shopping Centre to process this information according to website Terms of use.

No user, who submitted their personal information, is allowed to object to further usage or processing of such information according to Terms of use, and by accessing/reading Terms of use of Nawal Shopping Centre and accepting these terms, and further submitting it's personal information, any user of Nawal Shopping Centre gives to Nawal Shopping Centre unrestricted consent to hold or process such information the way Nawal Shopping Centre sees best for the user.

By reading/accessing the Terms of use of Nawal Shopping Centre a user of Nawal Shopping Centre is notified that, he/she submits their information willingly on Nawal Shopping Centre, and a user will be contacted by the means of telephone, sms and/or e-mail, and by submitting such info a user gives its full consent to such communication from Nawal Shopping Centre or on behalf of Nawal Shopping Centre - Users of Nawal Shopping Centre may not object to further communication, which may happen via the telephone, sms and/or e-mail from Nawal Shopping Centre directly at the discretion of Nawal Shopping Centre. Users will be able to opt out from any of such communication at any time. We do however not intend to spam users with unnecessary marketing spam.

Restrictions - Only users of 18 years or older are allowed to use services of this website, - Nawal Shopping Centre only accepts users who are willing to submit complete personal information (according to Nawal Shopping Centre forms) and have a genuine interest in shopping online.

12. Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.

With respect to items sold by Nawal Shopping Centre, we cannot confirm the price of an item until you order; despite our best efforts, a small number of the items in our catalogue may be mis-priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Nawal Shopping Centre. Payments are charged at the time you place your order.

Due to the popularity of some products or services, Nawal Shopping Centre may not always have a product or service ordered by you in stock. Nawal Shopping Centre cannot accept orders for out of stock products or services. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available from a different supplier. Please note that Nawal Shopping Centre cannot be held responsible for price differences between suppliers.

Nawal Shopping Centre reserves the right to cancel an order at any time.

13. Acceptable Use Policy

Use of the Services is subject to this acceptable use policy.
If not defined here, capitalized terms have the meaning stated in the applicable contract ("Agreement") between Buyer, Seller or other authorised User ("You") and Nawal Shopping Centre.

You agree not to use or allow third parties or your end users to use the Service for the following reasons:

i.        To generate or facilitate unsolicited bulk email.
ii        To violate or encourage the violation of the legal rights of others.
iii        For any unlawful, invasive, infringing, defamatory or fraudulent purpose.
iv        To intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other Products of a destructive or deceptive nature.
v.        To interfere with the use of the Services or the equipment used to provide the Services, by Buyers, Sellers or other authorized Users.
vi.       To alter, disable, interfere with or circumvent any aspect of the Services.
vii.      To test or reverse-engineer the Services to find limitations, vulnerabilities or evade filtering capabilities.
viii.     To use the Services or a component of the Services in a manner not authorized by Nawal Shopping Centre.
ix.       Your failure to comply with the acceptable user policy may result in suspension and/or termination of the Services pursuant to the Agreement.

14. Activities Not Allowed

The following list outlines activities Nawal Shopping Centre members are not permitted to do through the Service:

The sale, solicitation, offering, exchange or service of the following:

  • Hazardous materials, combustibles and/or corrosives.
  • Gambling and/or casinos.
  • Payment processors or any aggregation type services.
  • Credit repair services, applications for loans and/or collection services.
  • Sites that promote hatred, racism, sexism, religious persecution and/or any other prejudicial views.
  • Illegal downloads or any other goods and services infringing intellectual property rights of a third party, including streaming video/audio.
  • Pornographic content of any kind.
  • Weapons
  • Money laundering.
  • Infringing on any third party's copyright, patent, trademark, trade secret or other property rights or rights of publicity or privacy.
  • Violating any law, statute, ordinance, contract or regulation, including but not limited to those governing financial services, consumer protection, unfair competition, anti-discrimination or false advertising.
  • Submitting altered verification documents.
  • Being misleading, false or inaccurate in respect to Nawal Shopping Centre or any other User.
  • Any activity similar to or consisting of giving yourself a cash advance from your credit card or bank account, factoring or helping others to do so.
  • Any defamatory, trade libelous, unlawfully threatening or harassing statements or information.
  • Spamming.
  • Using Nawal Shopping Centre as a virtual terminal.
  • Using currency exchangers or aggregation.
  • Transmitting personal information of other Nawal Shopping Centre members to third parties.
  • Using or selling any form of e-cash, web cash or other matter, tangible or not, that is redeemable by a Buyer for a product or service from a third party.

Furthermore, anything that causes us to lose or become liable for, in whole or in part, the services of our sponsoring banks, Internet Service Providers or other suppliers is not allowed. If you use or attempt to use the Service for purposes other than sending and receiving payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution if necessary.

15. Disclaimer Of Warranties And Limitation Of Liability

This site is provided by www.nawalcentre.com on an "as is" and "as available" basis. www.nawalcentre.com makes no representations or warranties of any kind express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Nawal Shopping Centre disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nawal Shopping Centre does not warrant that this site, its servers, or e-mail sent from Nawal Shopping Centre are free of viruses or other harmful components. Nawal Shopping Centre will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Neither Nawal Shopping Centre, nor it's directors, employees, officers, suppliers, or service providers make any representations or warranties of any kind, express or implied, as to the operation of the Nawal Shopping Centre website or the information, content, materials, or products included on the website. You expressly agree that your use of the Nawal Shopping Centre website is at your sole risk.

To the full extent permissible by Kenyan law, Nawal Shopping Centre its directors, employees, officers, suppliers, or service providers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Nawal Shopping Centre does not warrant that the Nawal Shopping Centre website, its servers, or e-mail sent from Nawal Shopping Centre are free of viruses or other harmful code. Nawal Shopping Centre will not be liable for any damages of any kind arising from the use of the Nawal Shopping Centre website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

In no event shall Nawal Shopping Centre, it's directors, employees, officers, or its suppliers or service providers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the use of Nawal Shopping Centre website, our services or this agreement (however arising, including negligence). The liability of Nawal Shopping Centre its directors, employees, officers, suppliers, and service providers to you or any third parties in any circumstance is limited to KES 00.00.

16. Location Rights

By accepting the terms and conditions you agree that on submission/processing of your online payment and credit card payment Nawal Shopping Centre may verify your geographical location through GSM Network technology. You therefore warrant that the mobile number entered on your account is correct and that you are the legal owner. This acceptance will be deemed as written consent to have information relating your location to be made available to Nawal Shopping Centre.

17. General

Nawal Shopping Centre grants you a limited license to access the Nawal Shopping Centre website however any changes to the site, without prior notice and written consent are not allowed.

This license does not permit any resale or commercial use of the Nawal Shopping Centre website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Nawal Shopping Centre website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

The Nawal Shopping Centre website or any portion of the Nawal Shopping Centre website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Nawal Shopping Centre.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nawal Shopping Centre and our affiliates without prior written consent.

In some circumstances there may be a surcharge for handling dangerous goods. The surcharge is dependent on numerous factors and therefore cannot be predetermined. The customer will be contacted and made aware of these surcharges before the order is placed.

18. Arbitration

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Mombasa. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

19. Applicable Law And Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.

Should you have any questions or concerns in this regard please contact us via email at info@nawalcentre.com