1. Introduction
Welcome to PaintSoko (“we,” “our,” or “us”). These Terms and Conditions govern your use of our website paintsoko.com and the purchase of products from PaintSoko. By accessing our website or making a purchase, you agree to be bound by these Terms and Conditions.
2. Definitions
- “Account” means the registered user account created on our website
- “Customer” or “You” means any person who accesses our website or purchases products from PaintSoko
- “Products” means paints, coatings, primers, and related painting materials offered for sale on our website
- “Services” means delivery, color consultation, and other services provided by PaintSoko
- “Order” means a request by a customer to purchase products from PaintSoko
3. Eligibility
To use our services and make purchases, you must:
- Be at least 18 years of age or of legal age to form a binding contract in Kenya
- Provide accurate and complete information during registration and checkout
- Have the legal capacity to enter into binding contracts
If you are accessing the website or placing orders on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms and Conditions.
4. Account Registration
4.1 Account Creation
To access certain features and make purchases, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate and current
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized use of your account
4.2 Account Responsibilities
You are responsible for all activities that occur under your account. PaintSoko will not be liable for any loss or damage arising from your failure to maintain account security.
5. Products and Pricing
5.1 Product Information
We make every effort to display our products as accurately as possible, including:
- Color representation (note: actual colors may vary due to screen calibration)
- Product specifications
- Product availability
- Pricing
Physical shade cards are available at our location or upon request for accurate color matching.
5.2 Pricing
- All prices are displayed in Kenyan Shillings (KES)
- Prices are subject to change without notice
- The price applicable to your order is the price displayed at the time you complete your purchase
- We reserve the right to correct pricing errors
- Prices may not include delivery charges, which will be calculated at checkout
5.3 Product Availability
Product availability is subject to change. If a product becomes unavailable after you place an order, we will notify you and offer:
- A suitable alternative product
- A full refund for the unavailable item(s)
6. Orders and Payment
6.1 Order Acceptance
Your order constitutes an offer to purchase products. We reserve the right to accept or decline any order for any reason, including but not limited to:
- Product availability
- Errors in product or pricing information
- Suspected fraudulent transactions
- Failure to meet eligibility requirements
Order confirmation does not guarantee acceptance. We will notify you if we cannot fulfill your order.
6.2 Payment Methods
We accept the following payment methods:
- M-Pesa
- Bank transfer
- Credit/Debit cards
- Cash on delivery (where available)
6.3 Payment Terms
- Payment must be received before products are dispatched unless credit terms have been agreed upon in writing
- For cash on delivery orders, payment must be made in full upon receipt of products
- All payments are processed securely
6.4 Payment Security
We implement appropriate security measures to protect your payment information. However, we are not responsible for unauthorized access resulting from your own actions or negligence.
7. Delivery and Shipping
7.1 Delivery Areas
We deliver to locations within Kenya. Delivery times and costs vary based on:
- Your location
- Product quantity and weight
- Current demand
7.2 Delivery Timeframes
We aim to deliver products within the timeframe specified at checkout. However, delivery times are estimates and not guaranteed. We are not liable for delays caused by:
- Circumstances beyond our control
- Incorrect delivery information provided by you
- Recipient unavailability
7.3 Delivery Charges
Delivery charges are calculated based on distance and order size. These charges will be clearly displayed before you complete your purchase.
7.4 Risk and Title
Risk and title to products pass to you upon delivery. You are responsible for inspecting products upon delivery and reporting any damage or discrepancies within 24 hours.
8. Returns and Refunds
8.1 Return Policy
Due to the nature of paint products, we have specific return conditions:
- Unopened products in original packaging may be returned within 7 days of delivery
- Custom-tinted colors cannot be returned unless defective
- Products must be in resalable condition
8.2 Defective Products
If you receive defective products:
- Notify us within 48 hours of delivery
- Provide photographic evidence of the defect
- Do not use the defective product
- We will arrange collection and provide a replacement or refund
8.3 Refund Process
Approved refunds will be processed within 14 business days to your original payment method.
8.4 Non-Returnable Items
The following cannot be returned:
- Opened paint cans or containers
- Custom-tinted products (unless defective)
- Products damaged due to improper use or storage
9. Product Use and Safety
9.1 Proper Use
You agree to:
- Use products in accordance with manufacturer instructions
- Follow all safety guidelines and warnings
- Store products appropriately
- Ensure adequate ventilation during application
9.2 Safety Information
- Keep products away from children and pets
- Avoid contact with eyes and skin
- In case of contact, wash with plenty of clean water and seek medical attention if symptoms persist
- Do not ingest or inhale vapors
- Use appropriate personal protective equipment
9.3 Professional Application
For best results, we recommend professional application for certain products. PaintSoko is not responsible for results from improper application.
10. Intellectual Property
10.1 Ownership
All content on our website, including but not limited to:
- Trademarks and logos
- Product images and descriptions
- Text, graphics, and designs
- Software and code
is the property of PaintSoko or licensed to us and is protected by Kenyan and international intellectual property laws.
10.2 Restrictions
You may not:
- Reproduce, distribute, or display our content without written permission
- Use our trademarks or branding without authorization
- Modify or create derivative works from our content
11. Limitation of Liability
11.1 Disclaimer
To the maximum extent permitted by Kenyan law:
- Products are provided “as is” without warranties of any kind
- We do not warrant that products will meet your specific requirements
- We are not liable for indirect, consequential, or incidental damages
11.2 Liability Cap
Our total liability for any claim arising from your use of our website or products shall not exceed the amount you paid for the products in question.
11.3 Exceptions
Nothing in these Terms limits our liability for:
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded by Kenyan law
12. Color Consultation Services
If you utilize our color consultation services:
- Consultations are provided for guidance only
- Final color selection is your responsibility
- We recommend reviewing physical samples before making final decisions
- Color appearance may vary based on lighting, surface preparation, and application method
13. Customer Obligations
You agree to:
- Provide accurate delivery and contact information
- Be available to receive deliveries or arrange for someone to receive on your behalf
- Inspect products upon delivery
- Use products safely and in accordance with instructions
- Not use our website for any unlawful purpose
14. Prohibited Activities
You may not:
- Attempt to gain unauthorized access to our systems
- Transmit viruses or malicious code
- Interfere with the proper functioning of our website
- Use our website to distribute spam or unsolicited communications
- Impersonate PaintSoko or our representatives
- Engage in fraudulent activities
15. Modification of Terms
We reserve the right to modify these Terms and Conditions at any time. Changes become effective upon posting to our website. Your continued use of our website after changes constitutes acceptance of the modified Terms.
We will notify registered users of material changes via email or website notification.
16. Termination
We may terminate or suspend your account and access to our website immediately, without notice, for:
- Breach of these Terms and Conditions
- Fraudulent activity
- Misuse of our website or services
- Any reason at our sole discretion
Upon termination, your right to use our website ceases immediately.
17. Dispute Resolution
17.1 Governing Law
These Terms and Conditions are governed by the laws of Kenya.
17.2 Dispute Resolution Process
In the event of a dispute:
- Contact our customer service team via email or phone
- We will attempt to resolve the issue amicably within 14 days
- If unresolved, disputes may be referred to mediation or arbitration
17.3 Jurisdiction
You agree to submit to the exclusive jurisdiction of the Kenyan courts for any legal proceedings arising from these Terms.
18. Force Majeure
We are not liable for failure to perform our obligations due to circumstances beyond our reasonable control, including:
- Natural disasters
- Government actions or restrictions
- Labor disputes
- Supplier failures
- Pandemics or health emergencies
- Civil unrest
19. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
20. Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and PaintSoko regarding your use of our website and purchase of products.
21. Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
22. Contact Information
For questions about these Terms and Conditions, please contact us:
PaintSoko
Email: info@paintsoko.com
Phone: +254 718 291301
Address: Bamboo Gardens, Ruiru-Tatu City Road
Website: paintsoko.com
23. Acknowledgment
By using our website or purchasing products from PaintSoko, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
PaintSoko – Quality Paint Solutions for Kenya