Welcome to www.uncovershop.com the online lingerie and garment shopping site of Sprout Limited a company incorporated in Kenya. The supplier of the goods featured is UNCOVER, a trading name of Sprout Limited.
The following are the terms of the agreement between yourself as the buyer/user and UNCOVER (the Seller) for the sale of goods through the Sellers website - www.uncovershop.com (the Site).
www.uncovershop.com offers buyers the opportunity to shop for lingerie, garments and beauty products ("the products") online. All visitors to the site ("users" or "you") will be able to see the products that UNCOVER has on offer, but only visitors that have registered for an account (Account holder) on www.uncovershop.com will be able to buy from the online store.
2.Legally binding contract
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age or that you are using the site under the supervision of your parent or legal guardian. All users and Account holders, including those that buy from the site ("buyers") will be bound by these terms and conditions as may be amended from time to time ("Ts & Cs").
The Buyer agrees to these Ts & Cs with respect to the purchase of the Products provided by or through the Site. These Ts & Cs constitute the entire and only agreement between UNCOVER and the Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Products provided by or through the Site.
All purchases made through the Site shall be subject to these Ts & Cs and the Buyer agrees to review these terms and conditions prior to purchasing any Products. By registering or using the Site at all, the Buyer confirms that he/she has read and accepted these Ts & Cs. If you do not agree to these Terms and Conditions of use, you shall not use this website.
UNCOVER reserves the right to amend the terms and conditions at any time and your use of the Site following any amendments will represent your agreement to be bound by these Ts and Cs as amended. We therefore recommend that each time you access the Site you read these terms and conditions. Any changes to the Site will take effect on the date they are posted on the Site and your continued use of the Site following the posting of changes to these Ts and Cs constitutes your acceptance of those changes.
3.Products and availability
Stock of all items on offer is limited. Please note that there are events in which the order cannot be processed for various reasons. Should it happen that UNCOVER is unable to fulfill any order at the advertised price due to stock being sold out, UNCOVER will let you know and you will be entitled to a reimbursement for the Kenyan Shilling value you have paid for such product.
The user, can place electronic orders ("order") for one or more products on offer on www.uncovershop.com as long as such products are available and not sold out.
We try to describe our products as accurately as possible within reasonable limits. However, we do not guarantee that our descriptions on the Site are 100% accurate, complete, reliable, current or error-free. Where we become aware of any mis-description, we reserve the right to correct any error or omission. If a product is not as described, your sole remedy is to return it to us in an unused condition. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
Products on UNCOVER cannot be reserved to be bought at a later stage. Placing an item in your basket without completing the order does not amount to a sale or an order. UNCOVER may remove any item from your basket (shopping cart) before the sale takes place, in the event of the product going out of stock.
A contract for sale ("sale") between you and UNCOVER only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket ("shopping cart") AND your payment has been authorised by UNCOVER (or has been received into UNCOVER bank account). Please note the above is dependent on the product being available.
5.Cancelling and ending orders
UNCOVER reserves the right, in the interest of preventing fraud, to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. UNCOVER will reimburse you the Kenyan Shilling value paid only if you have already paid for the cancelled order and this is confirmed by the payment service provider.
Please note that there are cases when an order cannot be processed for various reasons. UNCOVERreserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you share with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
6.What you pay for
The price of each product is given in the product information in Kenyan Shilling. The prices quoted on the Site do not include delivery or insurance and may change without notice. You will also be liable for any Customs Duty in accordance with the laws of the relevant country where the products are to be delivered, should this be outside the borders of Kenya.
In case of a sale or special offer, the discount price will be shown. In the case of a sale, two prices are indicated alongside each product, as follows:
Purchase price: This is the price that has not been crossed out and is the price you pay if you buy the product from UNCOVER.
RRP (regular retail price): The other price (indicated by the crossed-out RRP) is the supplier's usual ("RRP") and is given purely as an indication of approximately how much you save by buying the product from UNCOVER. The RRP shown is determined according to the market and prices of other suppliers. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the supplier's RRP at the time of your purchase. As such, UNCOVER offers no guarantee whatsoever regarding accuracy of any RRPs displayed.
UNCOVER makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), UNCOVER will not be obliged to supply products at the incorrect price/delivery fee. UNCOVER will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.
UNCOVER shall specify the applicable delivery charges prior to completing the sale.UNCOVER delivers within business hours in Kenya. As a buyer, you will be required to indicate the physical address within Kenya where you require the products to be delivered (including the relevant road, street or building where available), as well as the contact telephone numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify during the checkout process. The speed of delivery can also be selected upon checkout which would determine the delivery charges.
You will become the owner of the goods when they are delivered to the courier or shipping agent in Kenya. You will be required to sign the courier s confirmation of receipt once the goods are delivered to you.
If nobody is present at the address at the time of delivery and the courier is unable to reach you through the telephone number provided, the courier will return the goods to UNCOVER and it will be your responsibility to call the UNCOVER call centre [+254 719 733 337] or send an email to info[at]uncovershop.com to arrange for re-delivery at your own cost.
If you don't contact the UNCOVER call centre within 2 working days of the failed delivery, UNCOVER shall be entitled to assume that you have cancelled the order and UNCOVER's only obligation will be to reimburse you for the cost of the goods less any expenses incurred as at the time of the deemed cancellation of the order.
Delivery time and delays
Save in exceptional circumstances, the delivery time shall be as indicated prior to completing your Order on the Site. All UNCOVER deliveries shall take place during business hours and there shall be no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address and the courier s acknowledgement of receipt is signed. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of UNCOVER by calling our call centre at [+254 719 733 337] (Monday to Friday, 08:00 to 17:00).
If neither the courier nor the tracking system (under "My Account > Order History") provides any indication of where the parcel is, you need to call the call centre at [+254 719 733 337] or send an email to info[at]uncovershop.com. You will be required to notify UNCOVER of any claim of a lost parcel in the event that the parcel is not delivered within 2 days of the expected delivery date.
If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause. If the parcel is declared lost, UNCOVER will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
9.Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to UNCOVER within 7 days of delivery, free of charge, and either receive a UNCOVER account credit or a refund, or have the product repaired or replaced, depending on the situation, all at the discretion of UNCOVER. No item will be accepted for return without the original tags and packaging and if it has been worn or not complete (missing components).
Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted. UNCOVER will claim civil damages from such person if UNCOVER suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You allow UNCOVER to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All payments are managed by the company nominated by UNCOVER from time to time (the Payment Processing Company ). UNCOVER will ensure that Security is assured by the Payment Processing Company. All personal user data will be protected by both the Payment Processing Company and UNCOVER. UNCOVER has no access to any confidential information regarding your payment method. For this reason your bank details are requested a new with each purchase. Only UNCOVER's banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time. UNCOVER's registration documents and the registered domain name are verified and underwritten by Thawte.
Neither UNCOVER nor any of its representatives will be held responsible for any loss of any kind that arises from the use of (or inability to use) the Site, its services or content. Furthermore, UNCOVER provides no guarantee, implied or otherwise, that the content or technology attached to the Site is free of errors or omissions nor is there any guarantee whatsoever that the service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info[at]uncovershop.com. Otherwise call the call centre at [+254 719 733 337] (Monday to Friday, 08:00 to 17:00).
Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these Ts & Cs, to determine whether the Products available through this Site satisfy your individual needs and that the software on the Site is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as UNCOVER's official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
Should you choose to register or subscribe, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
This site is offered, controlled and run from the Republic of Kenya. As such, the validity, construction and performance of this Agreement shall be governed in accordance with Kenyan law. You and UNCOVER shall be subject to the non-exclusive jurisdiction of the Kenyan courts.
Each and every section of these Ts & Cs must be read as individual and separable from the rest of the Ts & Cs. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the Ts & Cs will remain standing, despite invalidity or unenforceability of an individual term.
Uncover undertakes to take all due care with any personal information which you may provide to us when accessing the Site. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to maintain confidentiality of such information and to preserve such information in a secure manner.
In the event of any disputes of any kind between you and UNCOVER, arising out of any situation catered for in these Ts & Cs (or that arises out of these Ts & Cs) and that cannot be resolved amicably through the client service centre, the dispute may be presented for confidential arbitration. Such arbitration will be referred to arbitration under the Kenya Arbitration Act 1995 and the rules of the Kenyan branch of the Chartered Institute of Arbitrators. The tribunal shall consist of one arbitrator to be appoi