General
These Terms and Conditions (“CLAIRE.Solar Online Store Terms”) apply to all transactions concluded with you, the customer, when you shop via the ‘CLAIRE.solar’ website (“the Website”); the online store which is owned and operated by CLAIRE AFRICA LTD and the physical store owned and operated by CLAIRE SOLAR. Please read them carefully before placing your order and print a copy for your future reference. By visiting the online store you accept and agree to be bound by the Online Store Terms and the Terms and Conditions of both stores, which together shall constitute the entire agreement between you (“The Buyer”) and “CLAIRE SOLAR” or “we” or “our” or “The Company”.
CLAIRE SOLAR reserves the right to alter these Online Store Terms from time to time by amending this page without any prior notification or announcements. You should check this page from time to time to take notice of any changes we have made, as they are binding on you.
This page and any documents referred to on it dictate the terms and conditions on which we supply any of the products listed on our website to you (“products”). Please read these terms carefully before ordering any products from the Website as, by doing so, you accept these terms and conditions.
These Online Store Terms apply to the Website, and all of its divisions, subsidiaries, and affiliate operated Internet sites, which reference the Online Store Terms. By accessing the Website, you confirm your understanding of the terms and conditions. If you do not agree to these Online Store Terms, you shall not use the Website.
The Online Store Terms are subject to Laws of the Republic of Kenya and the exclusive jurisdiction of the Kenyan courts. If any Online Store Terms shall be deemed unlawful, void or for any reason unenforceable then that Online Store Term shall be severable and shall not affect the validity and enforceability of the remaining Online Store Terms.
If you are under 18 years old, you may purchase products only with the involvement of your parent or guardian.
Acceptance of orders
After placing an order, you will receive an email from CLAIRE SOLAR acknowledging that CLAIRE SOLAR has received your order and confirming whether or not CLAIRE SOLAR can accept that order. The contract between us (Contract) will be formed when we send you an acknowledgement email, which confirms our acceptance of your offer to purchase the products. The Contract will relate only to those products indicated in the acknowledgement email. CLAIRE SOLAR will not be obliged to supply any other products, which may have been part of your order until acceptance of your order for those products has been confirmed in a separate acknowledgement email.
CLAIRE SOLAR is only able to take orders through the online store for delivery in East Africa. If the country that you require delivery to is not visible then CLAIRE SOLAR will not be able to process your order.
CLAIRE SOLAR uses MPESA to validate credit or debit card details you submit to us before your order can be accepted. Your order will remain pending until MPESA verifies and charges your payment. CLAIRE SOLAR also accepts payment by most major credit and debit cards. Payment will be debited from your account before the dispatch of your purchase. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer and our banker. CLAIRE SOLAR will not be liable for any delays to your order this may cause. If the issuer of your payment card refuses to authorise payment to us, or you fail any of our security checks, CLAIRE SOLAR will not be liable for any delay or non-delivery.
CLAIRE SOLAR accepts cash as a means of payment for transactions but does so at its discretion. CLAIRE SOLAR may or may not accept cash payments in excess of a stated amount.
CLAIRE SOLAR also accepts wire transfers from the Buyers’ accounts into any of its bank accounts. CLAIRE SOLAR reserves the right to delay or refuse processing of the your order until any said payments have been verified and cleared by our banks. CLAIRE SOLAR will not be liable for any delays to your order this may cause.
Availability of Products
Should your order be likely to be delayed (such as where items are out of stock), we will contact you. If you have any queries regarding the shipping of your order, please contact CLAIRE SOLAR at ea@claire.solar, or by telephone on +254 751 55 0000. The products will be at your risk from the time of delivery and ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charge.
If online store products become temporarily unavailable, CLAIRE SOLAR may hold your order until CLAIRE SOLAR has the product back in stock and will then deliver the product to you in the usual way. In the event that an individual product becomes permanently unavailable then CLAIRE SOLAR will seek to offer you a suitable alternative or give you a full refund.
Products and Pricing
All product prices include Value Added Tax (“VAT”) where applicable. These may change in line with Kenya Revenue Authority and other legal interpretations issued by relevant authorities. Promotions and prices you see in CLAIRE SOLAR stores and catalogues do not necessarily apply to the online store, and vice versa.
Import duties and local taxes are NOT included in the quoted price of goods being delivered to outside East Africa. In the event CLAIRE SOLAR, at its own discretion, delivers products outside East Africa, you will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt.
The Website contains a large number of products and it is always possible that, despite best efforts, some of the products listed on our website may be incorrectly priced. CLAIRE SOLAR will normally verify prices, as part of our dispatch procedures so that, where a product’s correct price is less than the Website stated price, CLAIRE SOLAR will dispatch the product to you. If a product’s correct price is higher than the price stated on the Website, CLAIRE SOLAR will normally, at its discretion, reject your order and notify you of such rejection. CLAIRE SOLAR is under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an acknowledgement email, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
CLAIRE SOLAR reserves the right to amend any prices without any prior notice and at any time and the right to add or withdraw any product at any time.
Guidance
To the extent that CLAIRE SOLAR is permitted by law to limit our liability to you in connection with any order, that liability will not exceed the total price charged for the relevant product(s).
Delivery
Your order will normally be dispatched within 2 – 3 (two to three) working days of placing the order. Whilst CLAIRE SOLAR makes every effort to deliver goods within such timescales, however, some delays are inevitable. CLAIRE SOLAR shall not be liable for any delay that you may suffer in this regard. The Terms and Conditions of our third party delivery agencies transfer to you automatically. If you would like to view the status of your order please visit ‘Order History’ in the ‘My Account’ section of the online store. If, after checking your Order History, you have any questions about the status of your order then please don’t hesitate to contact us.
CLAIRE SOLAR is authorised to share your personal information with third parties who are used to fulfil your order or satisfy our obligations to you.
Cancellation/Returns Policy
CLAIRE SOLAR has the right to cancel any order you make for any product if you fail our validation or security checks. In certain instances you may not receive email confirmation of an order being cancelled. If payment has been processed you will receive a full refund using the same method originally used by you to pay for your purchase.
You have the right to cancel any order you make for any product purchased through the online store for a full refund. If for any reason you are not satisfied with your purchase, return it to us at your own cost and risk within 7 (seven) days of receipt in an unworn/unused condition with its original packaging for a full refund or exchange. This returns policy applies to all products from CLAIRE SOLAR except batteries. When returning products to us for refund or exchange, you must pay for the appropriate delivery costs. Full orders returned from customers who have paid for delivery will receive a full refund including delivery charges.
If you wish to exchange or return any product then please send the product (in its unworn/unused state with its original packaging) back with complete returns form (if available) in person or through the post to:
CLAIRE AFRICA LTD,
Blessed House, Thika Road
Nairobi, Kenya
Please wrap products securely, fix the returns label safely to the parcel and attach appropriate postage. Please remember to include your completed returns form (if available) and give the reason for return and any new requirements. CLAIRE SOLAR advises that returns are sent via recorded delivery, as CLAIRE SOLAR will not accept liability for lost returns. You have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we may have a legal right to claim compensation from you. In the instance CLAIRE SOLAR is liable for return delivery costs, CLAIRE SOLAR will not refund return postage above or beyond the initial postage charge. Should you have any queries regarding a return then please don’t hesitate to contact us.
Warranty
Subject to the Terms and Conditions set out in this clause CLAIRE SOLAR warrants to the Buyer that the Goods will correspond with their specification and will be free from defects in material and workmanship at the date of delivery.
The warranty given by CLAIRE SOLAR is subject to the following conditions:
CLAIRE SOLAR shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, inappropriate storage conditions, failure to follow CLAIRE SOLAR’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without approval of CLAIRE SOLAR.
CLAIRE SOLAR shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid, by the due date.
The Buyer must be aware that Goods incorrectly installed or operated may be a serious danger to people and property. The Buyer is responsible for the proper installation and operation of the Goods and CLAIRE SOLAR cannot accept any liability in respect of any omissions, errors or failures on the part of the Buyer to install the Goods correctly.
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications) shall be notified to CLAIRE SOLAR in writing within 7 days from the date on which the defect or failure became apparent. Were a valid claim is notified to the Company in accordance with this clause, the Company shall be entitled to repair or replace the Goods free of charge. The Company will not be responsible for any direct or indirect costs arising from any defect.
Except in respect of death or personal injury caused by the Company’s negligence, CLAIRE SOLAR shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty of law, or under the express terms of the contract for any loss of profit or any indirect, special or consequential loss or damage (whether for loss of revenue, loss of business, loss of contract, or any financial or economic loss or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of CLAIRE SOLAR, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use of resale by the Buyer, except as expressly provided in these Terms and Conditions.
The Buyer shall indemnify the Company and keep it indemnified against all damages, penalties, costs and expenses for which the Company becomes liable as a result of third party claims or demands made against the Company with any of its obligations under the contract.
Any warranty claims must be made within 2 years of delivery or lesser warranty period as advertised for specific Goods.
CLAIRE SOLAR shall not be liable to the Buyer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform the its obligations in relation to the Goods if the delay or failure was due to a cause beyond the reasonable control of CLAIRE SOLAR including, without limitation:
Shipping or transportation damages
Improper installation
Exposure to unsuitable environmental conditions, including but not limited to damage due to lightning strikes
Corrosion or rust
Unauthorized or abnormal use or operation
Negligence or accidents, including but not limited to lack of maintenance or improper maintenance
Material or workmanship not provided by CLAIRE SOLAR or its authorized service centres
Relocation of the commercial inverter from its original installation location
Alteration of equipment without prior approval by CLAIRE SOLAR
Acts of God, such as earthquake, flood or fire
War or threat of war, sabotage, riot, national emergency, civil commotion
Governmental, parliamentary or local authority actions
Lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce or that of a third party)
The Warranty does not cover fuses, filters, and the value of lost energy production or costs related to the removal, installation, or troubleshooting of customer electrical systems.
Termination
CLAIRE SOLAR shall be entitled to cancel this contract if:
The Buyer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a Company) becomes subject to an administration order into liquidation; or
An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
The Buyer ceases or threatens to cease to carry on business; or
The Buyer is unable to pay its debts as they fall due; or
CLAIRE SOLAR reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly;
In each case without incurring any liability for any loss or damage and without prejudice to the Company’s right to payment under these Terms and Conditions.
Your Rights
The above terms do not affect your statutory rights.