Terms and Conditions
Introduction and procedure
This website can be accessed at www.wurth.co.ke (the “Website”) and is owned and operated by Wuerth Kenya Ltd (Würth, “we”, “us”).
These Website introduction and procedure govern the ordering, sale and delivery of Goods, the use of the Website as well as the Terms and Conditions thereof.
These Procedures together with the Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by all of these Terms and Conditions.
If there is any provision in this text that you do not understand, it is your responsibility to make an enquiry at Würth via firstname.lastname@example.org before you accept any of the Terms and Conditions or continue using the Website.
Würth Kenya permits the use of this Website subject to all conditions being adhered to. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to any of the Terms and Conditions.
1. Standard Terms and Conditions
Please refer to the “Standard Terms and Conditions” policy governing the conditions of sale for the supply of products by Wuerth Kenya Ltd as found in your account application (should you have an account with Wuerth Kenya Ltd. The Standard Terms and Conditions Policy is incorporated by reference (which means that it forms part of this text as if specifically stated herein).
Please refer to our Return and Refund / Exchange Policy on www.wurth.co.ke for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of this test as if specifically stated herein).
3. Registration and use of the website
Only registered users may see pricing and order goods on this website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Wuerth Kenya Ltd. You will need to use your unique username and password to access the Website in order to purchase goods.
You agree and warrant that your username and password shall:
be used for personal use only; and not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Würth representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Würth representative.
5. Security Policy
Your security is important to us at Wuerth Kenya Ltd.
SSL encryption has been implemented and our website is audited regularly.
Data and website security is our priority. If you have discovered a security vulnerability on our website, we encourage you to contact us immediately at email@example.com
No employee or other person has access to your online passwords and passwords are protected by encryption. We can however not take any responsibility, should you pass your login on to any third party.
If you are a current customer and suspect any fraudulent activity on your account or suspect your account data has been compromised, please contact us immediately at firstname.lastname@example.org Your issue will be investigated thoroughly.
Wuerth Kenya Ltd does not permit any access or modification to customer account data, execution of any form of security attack, posting, uploading or linking of any malicious software, sending of any unauthorised mail or messages, violation of any law of the Republic of Kenya, performance of any testing that would result in any of the above. Contravening in this policy in any way may result in us terminating your access to our service and us contacting relevant authorities and/or pursuing legal action.
6. Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Wuerth Kenya Ltd may accept or reject. Whether or not Würth accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Würth for the Goods.
NOTE: Würth will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Würth come into effect (the “Sale”). This is regardless of any communication from Würth stating that your order or payment has been confirmed. Würth will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery or your collection of the Goods, you may cancel an order before receiving the dispatch notice (usually same day after 4pm). After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you.
In the case of Goods for sale by Würth, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Payment can be made for Goods via - debit card;
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order with the correct reference. Würth will not accept your order if payment has not been received;
Instant EFT via DPO Paygate
We will send you email communications about your order and payment.
8. Delivery Policy
Wuerth Kenya Ltd offers two methods of delivery for online orders:
1. Self- collection at any of our Express Shops
2. Courier service.
Würth Kenya uses a third party courier company for delivery. It is your responsibility to ensure that the delivery address given to us is as detailed as possible. We deliver to registered customers within certain specified delivery areas, such as main cities/centres, regional towns and most suburbs and towns. If your specified delivery address is in an outlying area such as small towns, farms, mines and townships, you might be contacted to collect your order at the closest depot.
A Delivery fee will be charged for all deliveries outside Nairobi based on the distance.
The estimated delivery period is 2 (two) to 5 (five) working days from confirmation of order (payment or account) for all cities and towns in Kenya. Should you require delivery to outlying/ farming areas, you might experience delays.
Wuerth Kenya Ltd cannot take any responsibility for late deliveries due to any unforeseen event. Should it be unavoidable to exceed delivery times, you will be notified either telephonically or electronically.
Wuerth Kenya Ltd’s obligation to deliver goods is fulfilled when we receive proof of delivery to the physical address nominated by you from our third party courier company. Wuerth Kenya Ltd is not responsible for any loss or unauthorised use of a product after the product was delivered to the physical address nominated by you. It is your responsibility to ensure that persons present at your premises are aware whether they have authority to sign such delivery documents.
We can currently only offer delivery on Monday to Friday between 8am and 5pm and do not offer delivery on Saturdays, Sundays or public holidays.
Collection times at our Express Shops and warehouse are within 1 to 5 working days. These times vary according to stock availability at the chosen location, we will notify you electronically as soon as your stock is available and can be collected.
We are currently unable to deliver any online orders outside of Kenya. Should you have an enquiry about delivery outside of Kenya, please contact our customer service on +254 2430095 or email@example.com
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
Please refer to the Warranty Policy for your information on warranties regarding hand tools, torque wrenches, electrical power tools, pneumatic tools and chemicals. The warranty policy is in corporate by reference (which means that it forms part of this text as if specifically stated herein).
11. Limitation of liability
Würth cannot be held liable for any inaccurate information published on the Website or via any other media and/or any incorrect prices displayed or published, save where such liability arises from the gross negligence or wilful misconduct of Würth, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our firstname.lastname@example.org.
WÜRTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE AND/OR OTHER PUBLICATIONS OR THE CONTENT CONTAINED IN THE WEBSITE AND/OR OTHER PUBLICATIONS; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
YOU HEREBY INDEMNIFY WÜRTH AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
12 Compliments and Complaints
We at Würth Kenya value your input and feedback. Should you have any compliment, concern or complaint, we will attend your email at email@example.com or contact customer support on 020-2430095.
Full name: Wuerth Kenya Ltd,
PIN No. P051114404G, VAT No. 0106230S
Physical address for receipt of legal service (also postal and street address):
Mombasa road Alpha Centre unit 26 P.O. Box 18446 -00500 Nairobi, Kenya
Director: John Anderson
Phone number: +254 724 257 046
Email address: firstname.lastname@example.org