Contract of Sale
SELLER: KIDY PHYLLIS INTERIORS
EMAIL: INFO@KIDYPHYLLISINTERIORS.COM
P.O BOX: 59638-00200, NAIROBI, KENYA
PHONE: +905350330379
BUSINESS NO: BN-X2C85YM
A person who is a member of Kidy Phyllis Interiors website as a customer. The address and contact information used when becoming a member are taken as basis.
The basic features of the goods or services are available on the Kidy Phyllis Interiors website. You can review the main features of the product during the campaign.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Products/Services consist of the information at the time the order is terminated.
The shipping fee, which is the product shipping cost, will be paid by the BUYER and will not be refunded.
ARTICLES
ARTICLE 1 – GENERAL PROVISIONS
1.1) Buyer’s Declaration
The BUYER expressly acknowledges and warrants that:
(i) They have thoroughly reviewed the essential characteristics, sale price inclusive of all applicable taxes, payment methods, and delivery terms pertaining to the contracted goods as displayed on the Kidy Phyllis Interiors website;
(ii) They have electronically confirmed this preliminary information constitutes their informed consent to be bound by these terms.
1.2) Delivery Terms
(a) The SELLER shall ensure delivery of the contracted goods to the BUYER or their designated recipient at the address specified in the order confirmation within the period indicated in the preliminary information, accounting for the BUYER’s geographical location.
(b) For contracts specifying a delivery date, performance shall occur on said date or within thirty (30) calendar days thereafter, unless the parties execute a written amendment extending this period.
(c) For contracts without an explicit delivery date, the SELLER shall deliver within thirty (30) calendar days from contract formation.
1.2)(a) Reasonable Delivery Period
Where no delivery date is specified, the SELLER shall dispatch goods within a commercially reasonable timeframe considering:
(i) The nature of the goods;
(ii) Delivery destination;
(iii) Prevailing logistical circumstances.
1.3) Courier Limitations
The SELLER shall bear no liability for:
(a) Delivery failures attributable to the courier service provider;
(b) Delays arising from incorrect/incomplete address information furnished by the BUYER.
1.4) Delivery Condition
The SELLER warrants that goods shall be delivered:
(a) In pristine condition, free from material defects;
(b) Accompanied by all manufacturer warranties, user manuals, and standard accessories;
(c) In strict conformity with the specifications enumerated in the order confirmation.
1.5) Product Substitution
The SELLER reserves the right to substitute goods of equivalent quality and value upon:
(a) Prior written notification to the BUYER;
(b) Obtaining the BUYER’s express written consent before the original delivery deadline.
1.6) Contractual Non-Performance
Should fulfillment of the order become impossible, the SELLER shall:
(a) Notify the BUYER in writing before the performance deadline;
(b) Refund all monies paid within fourteen (14) calendar days of notification.
1.7) Payment Verification
(a) This contract is contingent upon successful payment authorization.
(b) The SELLER shall be automatically released from delivery obligations if:
(i) The financial institution reverses payment;
(ii) The transaction is flagged as fraudulent.
1.8 Unauthorized Card Use
Where delivered goods are paid via credit card later deemed compromised:
(a) The BUYER shall return goods to the SELLER within three (3) calendar days of receiving notice;
(b) All associated return shipping costs shall be borne by the BUYER.
1.9 Force Majeure
(a) The SELLER shall be relieved of liability for delays caused by:
(i) Acts of God;
(ii) Governmental actions;
(iii) Transportation embargoes;
(iv) Other unforeseeable events beyond reasonable control.
(b) The SELLER shall notify the BUYER within forty-eight (48) hours of such occurrence.
(c) The BUYER may elect to:
(i) Cancel for a full refund within fourteen (14) days;
(ii) Accept substitute goods of comparable value;
(iii) Extend the delivery period until resolution of the disruptive event.
1.10) Address Accuracy
The BUYER assumes full responsibility for:
(a) Providing complete and accurate delivery information;
(b) Any delays or additional costs resulting from erroneous particulars.
1.11) Failed Delivery Attempts
Where the BUYER or their agent fails to accept timely delivery after proper notification:
(a) The SELLER may arrange storage at the BUYER’s expense;
(b) Risk of loss transfers to the BUYER upon first delivery attempt.
ARTICLE 2 – RIGHT OF WITHDRAWAL
2.1) Withdrawal Period
Pursuant to the Consumer Protection Act 2012 and Sale of Goods Act 1993, the BUYER may withdraw from this contract within fourteen (14) calendar days of:
(a) Receiving the goods; or
(b) Receipt by a third party designated by the BUYER.
2.2) Withdrawal Procedure
To exercise this right, the BUYER must:
(a) Submit written notice via email to returns@kidyphyllisinteriors.com;
(b) Return goods in their original, unaltered condition including:
(i) All packaging materials;
(ii) Manufacturer seals and protective elements;
(iii) Standard accessories;
(iv) Original invoice.
2.3) Corporate Returns
For invoices issued to business entities:
(a) A return invoice must accompany the goods;
(b) Failure to provide this document voids the return.
2.4) Refund Timeline
The SELLER shall:
(a) Refund all payments within twenty-one (21) calendar days of receiving the withdrawal notice;
(b) Process credit card refunds within seven (7) business days (note: bank processing may require 2-3 weeks).
2.5) Diminished Value
The BUYER shall compensate the SELLER for:
(a) Any reduction in goods’ value attributable to their actions;
(b) Total loss where return becomes impossible.
2.6) Promotional Adjustments
Returned items originally purchased under promotional pricing shall be refunded at the discounted rate.
2.7) Defective Goods
For goods non-conforming to contract specifications:
(a) The SELLER bears return shipping costs;
(b) Original shipping fees remain non-refundable.
ARTICLE 3 – NON-RETURNABLE GOODS
The right of withdrawal is expressly excluded for:
(a) Financial market-sensitive goods;
(b) Custom-made/personalized items;
(c) Perishable goods;
(d) Unsealed hygiene-sensitive products (including children’s items);
(e) Goods irreversibly combined with other items post-delivery;
(f) Opened digital content;
(g) Time-sensitive service contracts.
INTERNATIONAL DELIVERY
ARTICLE 4 – INTERNATIONAL DELIVERY
4.1) Scope of International Delivery:
The SELLER may offer international delivery to select countries. The list of countries to which international delivery is available will be specified on the Kidy Phyllis Interiors website during the checkout process.
4.2) Shipping Costs:
(a) The BUYER shall pay all international shipping fees calculated during checkout based on:
(i) Destination country;
(ii) Package weight/dimensions;
(iii) Selected shipping method.
(b) The SELLER shall clearly display these costs prior to payment authorization.
4.3) Delivery Estimates
(a) Provided delivery timeframes are approximations only;
(b) The SELLER cannot guarantee exact dates due to:
(i) Variable customs processing times;
(ii) Carrier scheduling fluctuations.
4.4) Import Compliance
(a) The BUYER assumes full responsibility for:
(i) All import duties, taxes, and clearance fees;
(ii) Ensuring goods comply with destination country regulations.
(b) The SELLER reserves the right to refuse orders violating export/import restrictions.
4.5) Customs Cooperation
(a) The BUYER shall promptly provide any documentation required for customs clearance;
(b) Delays attributable to customs procedures shall not constitute contractual breach by the SELLER.
4.6) International Returns
(a) General return provisions under Article 2 apply, with these additions:
(i) The BUYER bears all return shipping costs unless the return results from SELLER error;
(ii) No refunds shall be issued for originally paid customs duties;
(b) Refunds shall be processed in the original transaction currency;
(c) The SELLER assumes no liability for exchange rate fluctuations.
ARTICLE 5 – GOVERNING LAW & JURISDICTION
(a) This contract shall be construed under Kenyan law;
(b) Any disputes shall be subject to the exclusive jurisdiction of:
(i) The Kenyan Consumer Protection Tribunal; or
(ii) Courts within the BUYER’s locality of purchase/residence in Kenya.

Kidy Phyllis Interiors