Terms and Conditions

Section 1: Farm Fanatics Introduction

We are Farm Fanatics, a brand of http://www.farmfansco.ke, unless otherwise stated.

Section 2: Definitions

2.1. “Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you, and any other form we might provide to you;
2.2. By “Privacy Policy” we mean the policy accessible on our Website which details how we collect and store your personal data;
2.3. “you”, “your” and “yours” are references to you, the person accessing this Website, and placing the orders for the products we display on it. Access through any other channel provided by Farm Fanatics will also bound you to these Terms and Conditions;
2.4. “we”, “us”, “our”, and “Farm Fanatics” are references to the Company;
2.5. “Products” is a reference to any goods which we may offer for sale from our Website at a given time;
2.6. “Delivery” references perishable goods and any form of delivery service, provided by our delivery drivers.
2.7. “Website” is a reference to our Website https://soko.farmfans.co.ke, our mobile applications, or any other platform we will choose to offer our products or services.

Section 3: Ordering

3.1. By placing an order through our Website, you enter into an agreement with Farm Fanatics with respect to the processing of that order. If you are paying using the provided methods, Farm Fanatics is also responsible for any returns or refunds, preparation, quality, and delivery of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
3.2. Any Products and Services which you might buy from this Website are intended for your use and resale only for wholesalers customers.
3.3. When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
3.4. Any order that you place on our website or related platforms is subject to availability, delivery capacity, and acceptance. Once you place an order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct.
3.5. The confirmation email will specify delivery details including the delivery date and time you specified during check out, payment method, and the price of the Products ordered.
3.6. If the products you want are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Section 4: Prices and payment

4.1. Any contract for the supply of products from this Website is between you and Farm Fanatics. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. Y
4.2. All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and delivery charges. We also reserve the right to alter the Products available for sale on the Website and to stop listing Products.
4.3. All prices listed on the Website for Farm Fanatics reflect the price of the product at the time of listing. We give great care to keep them up to date. In case the price listed is not current and the customer informs us immediately after placing the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
4.4. All prices for delivery by Farm Fanatics listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.
4.5. The total price for Products, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Products to be dispatched. Payment has to be made using the M-PESA pay bill number provided on the website.

Section 5: Delivery

5.1. Delivery is done the next day after placing your order. Products will be sent to the delivery address you stated when placing the order.
5.2. In the case delivery is done by Farm Fanatics or a third party delivery partner assigned by Farm Fanatics, we will make our best effort to deliver in a timely manner. Still, we take no responsibility for late delivery.
5.3. In any of two cases above, all orders will be always delivered by a reputable courier. If the Products are not delivered within the estimated delivery time quoted, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
5.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by Farm Fanatics.
5.5. All risk in the Products shall pass to you upon delivery.
5.6. If you fail to accept Products at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such Products shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
5.7. You must ensure that at the time of delivery of Products adequate arrangements, including access where necessary, are in place for the safe delivery of such products. We cannot be held liable for any damage, cost, or expense incurred to such products or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.8. Farm Fanatics will prepare your order, with the aim;
5.8.1. to deliver the product to you at the place of delivery requested by you in your order;
5.8.2. to deliver within the time requested by you;
5.8.3. to inform you if they expect that they are unable to meet the estimated delivery time.
5.9. Farm Fanatics shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery;
5.10. Please note that it might not be possible for Farm Fanatics to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;

Section 6: Cancellation

6.1. You must notify Farm Fanatics if you decide to cancel your order, preferably by phone, and quote your order number. If Farm Fanatics accepts your cancellation, no cancellation fee applies. If Farm Fanatics refuses cancellation, e.g. because preparation of your order has been completed and/or delivery personnel has already been dispatched, it may not be canceled. Notwithstanding the foregoing, in case you paid for your order, you should only contact Farm Fanatics with respect to a refund of your payment. You can always contact Farm Fanatics with any complaint or concern you may have with respect to an order for which you paid.
6.2. We may cancel your order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
6.3. If the cancellation was made in time and once Farm Fanatics has accepted your cancellation, we will refund the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Products, as applicable.
6.4. In the unlikely event that Farm Fanatics delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If Farm Fanatics can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

Section 7: Information

7.1. Where we have requested information from you to provide Product Delivery, you agree to provide us with accurate and complete information.
7.2. You authorize us to use, store, or otherwise process your personal information in order to provide the Product to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Product to you. More information can be found in our Privacy Policy.
7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.

Section 10: Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this website is correct and error-free. If it came to occur, we apologize for any errors or omissions that we might publish on our website. We cannot warrant that use of the Website will be error-free or fit for purpose. We will take our best to correct such errors in a timely and effective manner. Also, Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website.
10.3. We disclaim any and all liability to you for the supply of the Products to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Product. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
10.5. We shall not be held liable for any failure or delay in performing Services or delivering Products where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
10.6. If we have contracted to provide identical or similar orders to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force, we may decide at our absolute discretion which orders we will fill and to what extent.
10.7. The products sold by us are provided for private domestic, consumer use, and resale only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property, and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10.9. In the event Farm Fanatics has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Farm Fanatics may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Farm Fanatics reserves the right to seek compensation from any and all violators.
10.10. Offers are subject to Farm Fanatics discretion and may be withdrawn at any time and without notice.

Section 11: General

11.1. All prices are in Kenya Shillings.
11.2. We may subcontract any part or parts of the Products that we provide to you from time to time and we may assign part or parts of our rights under these T&Cs without your consent or any requirement to notify you.
11.3. We may alter or vary the Terms and Conditions at any time without notice to you.
11.4. Payment must be made at the time of ordering the product With regards to our minimum order: Ksh 1000. Failure to pay will result in the cancellation of your order.
11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
11.7. The T&Cs together with the Privacy Policy, any order form, and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between this T&Csand any other term or provision on the Website, these T&Cs shall prevail.
11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya.
11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
11.11. These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Kenya Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Kenya Courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.