Terms and Conditions

Website Content

All Goods displayed on CMK’s website are uploaded by including; image(s) of the product, a description, model number, product features, price and warranty duration. Although CMK ensures the information provided maintains dimensional accuracy on relevant Goods, they may contain slight or unintended variations that may be impacted by the brightness of your screen.

Price and Payment

1. The price shall be CMK’s quoted price or the price as listed in CMK’s published price list as at the date of acceptance of an order unless otherwise agreed between CMK and the Customer. All quotations given by CMK are valid for a period of thirty (30) days only from the date they are issued, after which time the quotation shall automatically expire.
2. All quotations shall be subject to the availability of the Goods and the Customer acknowledges that the price quoted or listed at CMK’s published price list may vary at any time before the acceptance of an order. All quotations shall be issued in Kenya Shillings currency unless agreed with the Customer.
3. CMK reserves the right to reject an order from a Customer at their own discretion without having to give a reason to the Customer.
4. The price is inclusive of VAT or any other applicable tax or duty, or government levies payable, or other applicable costs unless quoted separately.
5. The purchase price shall not include special packaging, branding that the customer might require, insurance nor any other incidental cost.
6. Credit terms may be offered subject to satisfactory credit vetting of the Customer by CMK. The offer of credit will be at the sole discretion of CMK and may be amended at any time based on mutual business performance.
7. The payment of the price and any other applicable costs and taxes shall be due within the agreed terms from the invoice/statement date, without any discount and/or setoff. CMK reserves the right to set off any amount owed to the Customer.
8. If payment of the price or any part thereof is not made by the due date, CMK shall be entitled to; charge interest on overdue invoices at a rate of two (2) per cent per month from the date when payment becomes due until the date of payment, require payment in advance of delivery in relation to any Goods not previously delivered, and refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Customer for non-delivery or any delay in delivery.
9. The Customer shall fully pay to CMK all costs incurred as a result of the Customer’s failure to fulfil its obligations under the Agreement in full and/or on time, including interest charge, bank charge, collection costs and legal fees.

Description

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Customer hereby affirms that it does not in any way rely on any description when entering into the contract.

Sample

Where a sample of the Goods is shown to and inspected by the Customer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly because of the manufacturing process.

Stock-out

In the event that the Goods requested by a Customer are out of stock, customers are at liberty to select alternative goods or wait till such goods are procured. CMK will not be liable in any way for any breach of these Terms in the event any Goods requested by a Customer are out of stock.

Delivery

1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Customer on, or as close as possible to the date required by the Customer. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
2. If CMK is unable to deliver the Goods because of actions or circumstances under the control of the Customer, then CMK shall be entitled to place the Goods in storage until such times as delivery may be affected and the Customer shall be liable for any expense associated with such storage.
3. Unless otherwise expressly agreed, the delivery period specified will not be a final deadline and CMK shall not be liable to the Customer for default of this agreement by the mere fact that CMK exceeds the agreed delivery period.
4. Any damages, shortages, over deliveries and duplicated orders should be reported to CMK within 48 hours of signed receipt to enable replacement, refund or alternative solutions.
5. Where the Customer would like to collect an order made, they would be required to show proof of identity through their National ID card or passport. In the event the Customer would like to have someone else collect an order on their behalf, the Customer will provide proof of consent as well as a copy of their ID for purposes of identification.
6. If the installation is required, CMK shall arrange to have this sorted out by confirming a convenient date and time for installation.
7. The Customer may be liable to pay additional charges on delivery from time to time based on the location of delivery as directed by the Customer.

Risk

Risk in the Goods shall pass to the Customer upon receipt of the Goods, being the time that the Goods arrive at the place of delivery, even if the Customer does not expressly accept the delivery. Where the Customer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

Title

1. Title in the Goods shall not pass to the Customer until CMK has been paid in full for the Goods.
2. The Customer acknowledges that it is in possession of the Goods sold by CMK solely as bailee for CMK until such time that all payments (including any interest accruing and other charges) due by the Customer to CMK relating to the sale and purchase of the Goods are settled in full. The Customer’s right to possession of the Goods shall cease if CMK does not receive payment in full within the stipulated time period of all amounts due and owing by the Customer.

Return of Unused Goods

1. All goods are sold on a firm sale basis, i.e. CMK will not take back any Goods not required or sold to the Customer, unless otherwise agreed, in which case the following Terms apply.
2. CMK may decide to issue a refund or provide a credit of the same amount to the Customer upon the return of Goods at their own discretion.
3. Any returns must be inspected and approved by an authorised representative of CMK before any credit will be given.
4. Where CMK agrees to accept the return of goods that are not damaged, the Customer will be responsible for any costs involved in delivering the Goods to CMK and will ensure that they are carefully packaged to avoid any damage in transit. CMK will not be obliged to accept any goods that are damaged in any way.
5. CMK will not accept goods which have been damaged, or tampered with or products which are health-related.
6. CMK will not accept returns of goods which have been held by the Customer for more than 6 months even if the Goods are in good condition.

Customer’s Obligations

To facilitate the supply of the Goods and in consideration of CMK agreeing to supply the Goods on these Terms, the Customer hereby undertakes to:

• Pay the purchase price and any other amounts due by the Customer to CMK strictly within the credit terms specified by CMK from time to time; and
• Comply and fully perform its obligations under these Terms promptly and without delay.

Warranties

The Customer warrants to CMK that:

1. the Customer has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
2. the Customer will comply with all applicable legal and regulatory requirements necessary for the fulfilment of its obligations under this Agreement; and
3. all information provided by the Customer upon registration of an account or otherwise required for the purchase of Goods under this Agreement is true and accurate.

While CMK will ensure the security of its website, the Customer acknowledges that such software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, CMK gives no warranty or representation that the website will be entirely secure.

Limitation of Liability

CMK shall also not be liable for any all loss or damage suffered by the Customer more than the contract price.

Intellectual Property Rights

All Intellectual Property Rights produced from or arising because of the performance of this Agreement shall, so far as not already vested, become the absolute property of CMK, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in CMK by the execution of appropriate instruments or the making of agreements with third parties.

Promotions

CMK may, from time to time, offer different types of promotions on their Goods. Such promotions shall be undertaken as per the terms and conditions issued by CMK or as may be agreed upon with the Customer.

Offers to Customers have a validity period and can only be claimed within the specified time

Product Warranty

1. All products and Goods are covered by warranties against manufacturing defects and faults.
2. CMK shall offer a 24 months warranty on all LG and Bosch products and a 12 months warranty on all other brands offered. Some brands may offer additional warranties on certain parts of a product e.g. some fridges may come with up to 10 years warranty on the compressor.
3. CMK also offer the above warranties to all Authorised ClickMart Kenya Dealers

Third-Party Links

Some content, products and services may include materials from third parties – we advise that you familiarize yourself with their terms and conditions as you engage in any transactions and sign-ups. CMK shall not be responsible for any transactions or activity on third party sites.

Force Majeure

CMK shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, as well as failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, and CMK shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as CMK considers unreasonable, it may, without liability on its part, terminate the contract.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Kenya and the parties hereby submit to the exclusive jurisdiction of the Kenyan courts.

General

1. Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms shall be deemed to construe either of the parties as to the agent of the other.
2. Unless expressly agreed otherwise in writing, these terms and conditions (the Terms) shall apply to any Agreement to the exclusion of any standard terms and conditions specified by the Customer or implied by law, trade custom, practice or course of dealing.
3. Acceptance of the Goods or Services by or on behalf of the Customer shall be deemed to be full and unconditional acceptance of these Terms.
4. Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by CMK. CMK reserves the right to amend the Terms herein by issuing a notice to the Customer.
5. If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
6. The contract between the Customer and CMK for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Customer, without the prior written consent of CMK. CMK may assign or transfer any of its obligations under these Terms by issuing notice to the Customer.
7. The failure by either party to enforce at any time or for any period any one or more of the Terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms hereunder.
8. Each party shall be responsible for their own compliance with the relevant data protection laws including the Data Protection Act, 2019 and all corresponding Regulations under it, any other applicable data protection laws, as well as CMK’s Privacy Policy.