Terms & Conditions

Introduction

S.T Mobiles International welcomes you to the S.T Mobiles International service. You are presumed to have accepted the terms and conditions specified below by using the S.T Mobiles International service. S.T Mobiles International displays all products/services and information as a “invitation to offer.” Your purchase order constitutes a “offer” that is subject to the terms and conditions outlined below. Your offer is subject to acceptance or rejection by S.T Mobiles International. If you provide us with a valid email address, we will send you an email as soon as possible to confirm receipt of your order and then send you another email to confirm details and execute the order. The shipping of the product(s) purchased will constitute our acceptance of your order. S.T Mobiles International’s act or omission prior to the actual shipping of the product(s) requested does not constitute acceptance of your offer..

Membership Eligibility

The Site is only available to those who are legally capable of entering into legally binding contracts under applicable legislation. The Site is not available to people who are “incompetent to contract” according to local contract laws. If you are a minor, you may use this Site only with the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are under the age of 18, your parents or legal guardians, if they are registered users/members, can transact on your behalf. You are prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. S.T Mobiles International reserves the right to terminate your membership and refuse to provide you with access to the Site if S.T Mobiles International discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by S.T Mobiles International for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Those who choose to access this Site from outside Kenya are responsible for compliance with local laws if and to the extent local laws are applicable. S.T Mobiles International will deliver the products only within its jurisdiction and will not be liable for any claims relating to any products ordered from outside its jurisdiction. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of S.T Mobiles International you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

“Your Information” is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the 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. S.T Mobiles International shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If S.T Mobiles International has reason to believe that there is likely to be a breach of security or misuse of the S.T Mobiles International Site, we may require you to change your password or we may suspend your account without any liability to S.T Mobiles International.
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by S.T Mobiles International’ registration form (such information being the “Registration Data”)
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if S.T Mobiles International has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, S.T Mobiles International has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Pricing Information

While S.T Mobiles International makes every effort to provide correct product and pricing information, errors in pricing or typography may occur. S.T Mobiles International cannot confirm a product’s price until after you place an order but rest assured our team works hard to make sure all prices are updated reguraly. If a product is posted at an inaccurate price or with incorrect information owing to a pricing or product information error, S.T Mobiles International reserves the right to refuse or cancel any orders placed for that product, unless the product has already been sent, at our sole discretion. In the event that an item is wrongly priced, S.T Mobiles International may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and S.T Mobiles International will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that S.T Mobiles International accepts your order the same shall be debited to your credit card account or payment information provided and duly notified to you by email that the payment has been processed. The payment may be processed prior to S.T Mobiles International dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account or payment method used. No cash disbursement shall be made under any condition whatsoever. We strive to provide you with the best prices possible on S.T Mobiles International online platforms as well as in all our stores under S.T Mobiles International. However, sometimes a price online may not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without prior notice.

Delivery

Within Kenya, your order will be delivered in 48 hours.Express delivery charges may vary depending on the clients address or shipping information provided which is normally processed within the same day. We have free shipping in Nairobi CBD and priority same day shipping to clients in Nairobi Metropolitan Area who can all pay on delivery. Delivery outside of the city and its environs limits is subject to additional charges dependent on the product type. Must be aware of non-serviceable and isolated regions.

Shipping

Shipping costs are based on a combination of the following:
• Weight and dimensions of package.
• Method of shipment such as riders, Couriers etc.
• The location you are shipping from (city, town, country)

Costs can be considerably higher for international destinations. Generally, buyers pay additional costs such as duties, taxes, and customs clearance fees. For example, international rates may or may not include pickup and door-to-door delivery with customs clearance. An “extended area surcharge” may apply to buyers depending on their international locations.

Cash on Delivery

Terms and conditions:

• Cash on Delivery is only available for clients in Nairobi CBD and Nairobi Metropolitan Area region.
• Cash on Delivery payment option is available for all Products.
• In case of Store pick up, orders placed using Cash on Delivery payment method will be kept reserved for 3 days only, after which the order will be cancelled.
• Cash on Delivery orders will be fulfilled within 48hrs.
• Cash on delivery provision will be revoked for any user account if such orders are cancelled more than 2 times.

Store-pick up

Orders are available for Store Pickup at the below S.T Mobiles International Store Locations at no additional Shipping Charge:
• Kimathi Chambers, Kimathi Street 2nd Floor, Suite 2
You will be informed on your registered email ID once your order is available at the store pickup location of your choice.
Note:

Cancellation by S.T Mobiles International

Please keep in mind that there may be times when we are unable to accept orders and must cancel them. We have the right to refuse or cancel any order for any reason at our sole discretion. Limitations on available quantities for purchase, inaccuracies or errors in product or pricing information, or problems identified by our management, such as cases where we discover that the customer is manipulating the account to place multiple orders, are all examples of situations in which your order may be canceled. Before approving any order, we may demand extra verifications or information. If your order is canceled in whole or in part, or if additional information is required to accept your order, we will contact you. If you cancel your order after it has been charged to your credit card or mpesa, the amount will be refunded to your Account. There will be no cash disbursement under any circumstances.

Quality check

In order to ensure top quality customer experience, we do a quality check on orders dispatched at our end. If we find any fault in the product(s) in your order, we reserve the rights to cancel the order partially or fully. On such cases, we shall notify you about the same.

Warranty Help, Repairs & Recovery

• All equipment/s are received, kept, repaired and operated at Owner’s consent.
• Warranty covers only Manufacturer’s defect.
• Warranty does not cover Misuse / Liquid damage / Physical damage / Tampered / Virus Infection etc.
• Quotation Rejection charges will be applicable.
• Out of warranty deliveries will be against payment.
• Units should be collected within 60 days after notification or S.T Mobiles International reserves the right to dispose any unclaimed units.
• Service, Delivery, installation charges, Quote rejection charges are NON-REFUNDABLE once paid by the customer.
• Software once sold will not be exchanged or refunded.
• Once diagnose or repair performed on unit, changes cannot be returned to original/initial state.
• The receipt should be produced at the time of item collection.
Disclaimer:
• Customer authorize S.T Mobiles International technician/Engineer(S) to work on their device.
• Customer understand that S.T Mobiles International is not responsible for any data loss, which occur as a result of work done on their device.
• Further customer agrees to release, indemnify, and hold harmless, S.T Mobiles International from liability of any claims or damages of any kind or description that may arise from any system work performed on my any abandonment of said items.

Cancellations by the Customer

In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. S.T Mobiles International has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept S.T Mobiles International’s decision regarding the cancellation.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on S.T Mobiles International will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to S.T Mobiles International. Further the said information will not be utilized and shared by S.T Mobiles International with any of the third parties unless required for fraud verifications or by law, regulation or court order. S.T Mobiles International will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.

Transaction Currency:

The standard transaction currency on our e-commerce portal is KENYA Shillings (KES). If the customer is using a credit card supplied by banks other than those in the KENYA, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited. Country of Merchant Domicile: SETRA TELECOMMS MOBILES INTERNATIONAL COMPANY LIMITED( S.T Mobiles International) is a Limited Liability Company registered in Kenya.

Fraudulent /Declined Transactions

S.T Mobiles International reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. S.T Mobiles International reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Transactional Restrictions

The website will not allow orders to get placed if any of the below event occur. Customer can claim a refund in such cases where money is deducted from their account. However, the order will not be fulfilled under any circumstances:

• Multiple attempts with in a day (Max 5 allowed)
• Multiple transactions within a day (Max 5 allowed)
• Unauthorized use of any credit/debit card.

Electronic Communications

You are communicating with us electronically when you visit the Site or send us emails. You agree to receive electronic communications from us. We’ll send you emails or publish notices on the Site if we need to contact you. You acknowledge that any legal requirement that such communications be in writing is satisfied by all agreements, notices, disclosures, and other communications that we provide to you electronically.

You Agree and Confirm
• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by S.T Mobiles International for redelivery shall be claimed from you.
• That you will use the services provided by S.T Mobiles International, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
• You will provide authentic and true information in all instances where such information is requested of you. S.T Mobiles International reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), S.T Mobiles International has the right in its sole discretion to reject the registration and debar you from using the Services of S.T Mobiles International and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site/ mobile app for any of the following purposes:
• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Site.
• Breaching any applicable laws
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colours

We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate

Modification of Terms & Conditions of Service

S.T Mobiles International may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on S.T Mobiles International. You should regularly review the Terms & Conditions on S.T Mobiles International. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of KENYA. The Courts at Kenya shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by S.T Mobiles International and his decision shall be final and binding on the parties hereto. The arbitration shall be held in Kenya. The laws of KENYA shall be applicable in such aspects. Reviews, Feedback, Submissions, All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to S.T Mobiles International on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain S.T Mobiles International property. Such disclosure, submission or offer of any Comments shall constitute an assignment to S.T Mobiles International of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, S.T Mobiles International owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. S.T Mobiles International will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. S.T Mobiles International is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. S.T Mobiles International does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant S.T Mobiles International the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify S.T Mobiles International and its affiliates for all claims resulting from any Comments you submit. S.T Mobiles International and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. S.T Mobiles International’s customer touchpoints including website, mobile web, social media, are for customers to interact with S.T Mobiles International to enquire about products, promotions, availability and to resolve any related issues in accordance with the prevailing KENYA laws governing such interactions. S.T Mobiles International reserves the right to take appropriate action including legal recourse incase customers act against any such prevailing laws at any of the S.T Mobiles International customer touchpoints.

Copyright & Trademark

S.T Mobiles International and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of S.T Mobiles International or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to S.T Mobiles International. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of S.T Mobiles International. You may not modify, distribute or re-post anything on this website for any purpose. The S.T Mobiles International names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of S.T Mobiles International. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply S.T Mobiles International endorsement, sponsorship or recommendation of the third party, information, product or service. S.T Mobiles International is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of S.T Mobiles International or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by S.T Mobiles International, one of its affiliates or by third parties who have licensed their materials to S.T Mobiles International and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of S.T Mobiles International and is also protected by international copyright laws. Objectionable Material You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, S.T Mobiles International and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless S.T Mobiles International, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to S.T Mobiles International or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or S.T Mobiles International. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. S.T Mobiles International may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to S.T Mobiles International. Upon any termination of the User Agreement by either you or S.T Mobiles International, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. S.T Mobiles International’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and S.T Mobiles International with respect to the S.T Mobiles International sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and S.T Mobiles International with respect to the S.T Mobiles International sites/services. S.T Mobiles International’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Privacy Policy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in Kenya that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.