Return Policy Page

WARRANTY POLICY

Tivui Technologies, having its registered address at 4^th Floor, The RiverFront, Westlands (“Tivui”, “we”, “us” or “our”) is managing and operating the mobile application/ Tivui.co.ke (“Tivui Platform”), through which it inter alia facilitates the sale of its products (“Products”) to the users of the Platform (“User” or “you” or “your”).

Upon your acceptance of terms and conditions as set out under this policy (“Warranty Policy”), we provide this warranty to you that the Products will be free from manufacturing defects and defects in design and workmanship (“Warranty”).

1. Warranty Period: The Warranty provided under this Warranty Policy shall commence on the date of delivery of Product to you and the Warranty for each product shall be listed on the product detail page with the complete description about the product (“Warranty Period”).

Eligibility: This Warranty is non-transferrable and to be eligible for this Warranty, you must present a valid invoice in respect of the Product, as and when requested by us or our representative(s).Any modifications or alterations made to the products post purchase are not recommended and will void the entire Warranty.

2. Tivui Responsibilities: Subject to the conditions listed on the respective product details page and during the Warranty Period, Tivui at its discretion would (a) repair the damaged Product, (b) replace the damaged Product with new Product, or (c) refund to you the purchase price of the damaged Product, as per the following:

(a)               In case of repairing any damaged Product under this Warranty, we will pick up the damaged Product from the address where such Product was delivered and after repairing, we will deliver the repaired Product back to the original delivery address. However, upon your request and at our discretion, we may agree to ship the repaired Product at an address other than the original Product delivery address.

(b)               Replacement of the damaged Product will also be delivered to the address where such damaged Product was originally shipped. At the time of delivery, we will collect the damaged Product as well. However, at our discretion and upon your request, we may agree to ship the replaced Product at an address other than the original Product delivery address.

(c)               Refunds, if any, in case of pre-paid orders, shall be credited to the same account through which the original order for the Product(s) and its payment thereof, was made. A valid refund claim under the Warranty Policy shall only be processed upon successful pick up of the damaged Product by us.

3. Exclusions: This Warranty does not cover following type of damages, defects identified like damages due to inadequate maintenance of the product, Mishandling, excessive loading and negligence in usage. This Warranty will also not cover wear and tear due to regular usage of the product as well as any variations due to natural characteristics of the materials used. Tivui’s decision shall be final with respect to nature of defect and applicability of Warranty.

4. Disclaimer: Tivui shall not, under any circumstance, whether as a result of breach of contract or warranty, tort, or otherwise, be liable for any incidental, special or consequential damages, including loss of profits or revenues or any other costs or damages. This Warranty shall not in any manner extend to personal injury and/ or death caused by the User’s own negligence or omissions. To the maximum extent permitted by applicable laws, the remedies in this Warranty are your sole and exclusive remedies and Tivui’s total liability, relating to or arising out of your purchase or use of Product or damage thereto, regardless of the type or cause of such damage or the characterization of the claim asserted (whether in contract or tort), shall not under any circumstances exceed the Product’s purchase price as on the invoice. This Warranty does not cover: (a) minor imperfections in the Product that broadly meet design specifications, or imperfections that do not materially alter the Product’s functionality; and (b) claims arising out of the Product’s dissimilarity with the images appearing on the Platform. You are required to satisfy yourself regarding the suitability of the Product before making any purchase. Tivui does not make any representation or warranty as to the suitability of the Product for any particular use. Tivui is not liable to fulfill any responsibility in case of an invalid or wrongful Warranty claim. Tivui makes no assurance, representation or warranty that the replaced Product will be identical or similar to the Product you purchased. Tivui reserves the right to be the sole judge as to whether the Product is a damaged Product and its decision in this regard shall be final. Tivui further reserves the right to charge the claimant for any reasonable and applicable costs and expenses (at prevailing rates) relating to or arising out of the repair or replacement of the Product.

In the event that a specific set of warranty(s) for any Product or service is provided by a third party i.e. by a manufacturer of the Product that is offered on the Tivui Platform or a third party from whom the Product has originated or a third party service provider, such warranty claims are amongst and between the third party and you. Tivui shall not be liable or responsible for any such warranty(s).  We do not take any obligation to mediate or resolve any dispute or disagreement between you and such third party.

5. Governing Law & Jurisdiction: This Warranty Policy shall be governed by laws of Kenya and all claims arising from this Warranty Policy shall be subject to the exclusive jurisdiction of courts in Nairobi,Kenya.

6. Amendment: Tivui reserves the right to modify or amend the terms and conditions herein due to change(s) in availability of services, Products and/ or spare parts or for the purposes of complying with applicable policies, rules, regulations and law, with or without notice.

7. Contact Us: If you want to make a Warranty claim during the Warranty Period, please contact our customer support team at the details provided below, along with the invoice and Product details, who will assist you with the Warranty claim process:

Contact Details: hodi@tivui.co.ke

CANCELLATION, RETURN AND REFUND POLICY

Tivui Technologies, having its registered address at 4^th Floor, The RiverFront, Westlands (“Tivui”, “we”, “us” or “our”) is managing and operating the mobile application/website www.tivui.co.ke (collectively referred to as the “Tivui Platform”) through which it inter alia facilitates the sale of furniture and related products (“Products”) to the users of the Tivui Platform (“User” or “Users” or “you” or “your”).

We aim to provide the best customer experience to our Users beginning from placing an order to initiating a return. While transacting on the Tivui Platform, you can expect a hassle-free experience in returning the Product that you have ordered and can rely on us as your preferred shopping destination.

This cancellation, return and refund policy (“Policy”), together with the Terms sets out our procedures and policies in accepting Product cancellation, return and refund thereof.

1. APPLICABILITY OF POLICY

1.1           By agreeing to use the Tivui Platform and/or initiating a request for purchase of Product(s) on the Tivui Platform, you agree to be bound by the terms contained in this Policy without modification. If you do not agree to the terms contained in this Policy, you are advised not to transact on the Tivui Platform.

1.2           Please note that we may from time to time change the terms of the Policy that govern your return, refund or cancellation of an order for Products on the Tivui Platform. Every time you wish to use the Tivui Platform, please check the Policy to ensure you understand the terms and conditions that apply at that time.

2. TERMS FOR CANCELLATION, RETURN AND REFUND OF ORDERS

2.1.         Cancellation of Products

(a)               You can cancel orders for Products partially or fully prior to the shipment of the Products is initiated. Orders cannot be canceled once the Product has been shipped.

(b)               In case you change your mind in relation to a particular order of the Products, you may cancel the placed purchase order, by referencing the unique tracking identity number (which enables the User in tracking the status of delivery of the purchased Products) received by you from us and requesting us to process a cancellation by sending an email to Tivui.

(c)               On receipt of the cancellation, we shall cancel the order and initiate the refund for the Products within 30 (thirty) business days from the receipt of the cancellation request from you or pick up of the products, if applicable. The amount shall be refunded to you through the same mode of payment used by you for the purchase. All refunds shall be subject to applicable policies and charges of the User’s bank/ financial institution.

(d)                In case of any made-to-order Product (“MTO”), a full refund will be initiated only if a cancellation is made within 24 hours of placing the order. Post the 24-hour period, no cancellation will be allowed.

(e)               The cancellation policies mentioned here do not apply to certain pin codes. To know the specific cancellation policy for your delivery location, please enter your pin code in the box provided on the Tivui Platform.

(f)                The Product specific cancellation policy will be mentioned on the product listing page. The cancellation policy for third party Products will be mentioned on such Product listing page.

2.2           Return of Products

(a)               You may initiate the request for return of the Product if: (i) Product is damaged; (b) both the Product and shipping package have been damaged; (iii) Product is defective or is not in working condition; (iv) parts of the Product or accessory is missing; or (v) the Product ordered is different from what was ordered basis the Product description provided on the Tivui Platform; You shall initiate such requests for a return within 7 (seven) days from the date on which you receive the delivery of the Product (“Return Period”).

(b)               You shall keep the Products in its unused, original condition, along with the original invoice/ sale receipt, brand outer box, MRP tags attached, user manual, warranty cards, and original accessories in manufacturer packaging for a successful return pick-up. We would accept the request for return of such Product subject to the terms of this Policy.

(c)          If you have received any Product which is subject to return in terms of this Policy, we suggest you to immediately register a request in this regard on the Tivui Platform. We will in our sole discretion verify if: (a) the defects and damages in the Products or the non-compliances claimed in such Products are acceptable by us, or (b) such defects, damages or non-compliances are due to our default, and will accordingly post verification, accept or reject the request for return. For such verification, we may request you to send us images of the damaged or defective Product received and/or allow our personnel to schedule a visit to assess the damage, defect or non-compliance in the Product. Further to the assessment of the damage or the concern reported in the return request, we may in our sole discretion resolve the issue subject to the assessment report, in a manner as we may deem fit.

(g)               Your return will be processed only when the conditions as may be stipulated by us are fulfilled at the time of return of such Products, such as the Product being returned in original condition, along with the price tag intact including original packaging of the product, the brand outer packaging and all accessories therein, no damage having occurred post-delivery of the Product while in your possession etc.

(h)               You agree that we will not accept the return of any Product: (i) if you have placed the order for a wrong product model, colour or incorrect Product, (ii) if the Product belongs to non-returnable Product category (For instance, personalised Products or made to order Products that are not suitable for return based on their nature), (iii) if you fail to request return/register a complaint in relation to the Product within the Return Period. Any damage to the Product caused by your improper wearing or safekeeping of the Product, or any modification or change to the Product by you the User or a third party or any depreciation in the value for other reasons will not be deem such Product returnable and will not be considered a quality problem. Any decision by us in this regard shall be final and binding.

(f)           You can return the Product(s), purchased from us provided the Product(s) satisfy below mandatory conditions:

(i)      The Product has not been used, cleaned or tampered with by you.

(ii)      The price tag /bar code, brand tags, original packaging material, accompanying accessories is intact and not altered, damaged or discarded by you.

(iii)     The Product is not altered, unless proven vendor defect.

(iv)     Return is being initiated against the order under which it was bought and from same account and the serial number/ bar code of the Product matches our records.

(v)      There is no foul odour, perfume, stains, dents, scratches, tears or damage on the Product.

(vi)     The Product(s) if bought as a set should be exchanged as the complete set.

(vii)    Products returned should be in unused, undamaged, unwashed and in a saleable condition.

(viii)   We are satisfied that the Product has not been rendered defective or unusable.

We reserve the right to reject the return request for a Product if it does not satisfy the aforementioned conditions.

(g)        Return of purchased Products are facilitated through our reverse-logistics partners. On receipt of request for return of the Product on the Tivui Platform and the same being duly acknowledged by us, our reverse-logistics partners may get in touch with you in order to collect the purchased Products from you.

(h)     There can be a difference in fabric color and wood finish between the images of the Product listed on the Tivui Platform and the actual Product which may be caused due to the difference in screen calibrations and resolutions across different displays. Products may not be eligible for return in such cases and some other cases, including cases of buyer's remorse such as incorrect model or color of Product ordered or incorrect Product ordered.

2.3       Refund

(a)               At the time of raising a request for return or cancelling the Products on the Tivui Platform, you may seek refund for the Product. Such refund will be made to you only in the event the payment has been received by us for the Product.

(b)               Please be informed that when you opt to cancel or return the Products, upon our verification and assessment of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per the terms of this Policy, will be processed within a period of 15 (fifteen ) business days from the date of us verifying the defect or the non-compliance in the Product. Your refund will be processed only when the conditions as may be stipulated by us are fulfilled, such as the Product being returned in original condition, along with the price tag intact including original packaging of the product, the brand outer packaging of the Product and all accessories therein. For the sake of abundant clarity, it is clarified that we shall not make any refund in respect of a Product that is deemed ineligible for a refund based on our verification and assessment. The refund amount will be credited to the original payment mode opted by you. You acknowledge that after initiation of refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider terms and conditions.

(c)               We do not make any cash refunds. The amount will be refunded to you within 15 (fifteen) working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us, and we will gladly help you.

(d)               Refund to be made to the User shall not include any amount paid towards shipping charges or any other such charges applicable from time to time. However, in the event a Product has been delivered with a defect or damage (for reasons attributable to, and accepted by us after due verification at its sole discretion) we may refund the shipping charges to you. You will be provided with a refund if you have received a non-returnable Product in a damaged or defective condition subject to verification and examination of the damage or defect of the Product by us.

(e)               We reserve the right to reject a refund request for a Product, if it does not satisfy the quality conditions specified under this Policy on our assessment pursuant to its return. We may in such cases notify you and send the returned Product back without initiating a refund.

3. Customer Support

Any queries or concerns relating to the return, refund and cancellation may be directed by you to our customer support team who can be contacted at hodi@tivui.co.ke