This section, (together with the documents referred to on it) tells you about the terms and conditions on which we supply any of the products listed on our website takeandgo.co.ke (our site). Please read these terms and conditions carefully before using our sites or ordering any products.

  1. General

The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with Take and Go Ltd, hereinafter referred to as “TAG”, “us” or ”we”, at the TAG website, mobile website, or mobile application, or via telephone.

By using takeandgo.co.ke and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.

Our site is not intended for use by children under the age of 18, and we will not knowingly collect any information from any person below the age of 18.

The inclusion of any products or services on takeandgo.co.ke at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.

We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on takeandgo.com at the time you place your order.

TAG wants to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the takeandgo.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site, report any such breach to the relevant law enforcement authorities and disclose your identity to them, and close the account of any user who violates this provision or any other provision in these terms and conditions.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

  1. Terms of Sale

Changing our terms of sale
All possible amendments will be made public on this site. These terms of sale were last updated on 25 April 2018.

Information about us

Takeandgo.co.ke is a site operated by Take and Go Limited, a company registered in Kenya.

Ordering

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

After placing an order, you will receive an email from us acknowledging that we have safely received it. This does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will send you a second email to confirm acceptance and dispatch of your order. The contract between us (‘contract’) will only be made when we send you this email to confirm acceptance and dispatch. Only those products listed in the email as being dispatched will be included in the contract.

Availability

All products are subject to stock availability. We will inform you as soon as possible if all the products in your order are not available and we will cancel your order. If only some of the products in your order are available this will be explained in your acceptance and dispatch email. If you pay by credit or debit card we will not charge you for products which are not available. If you pay using PayPal any payment made for products which are not available will be credited back to your PayPal account.

Colours
We make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.

Withdrawal or changes to order
You are able to make changes to your order up to the point at which you click on the Place Order button in checkout. After this point, should you wish to make changes or cancel your order, and you have not yet received confirmation that your ordered items have been dispatched, contact us via email at orders@takeandgo.co.ke or telephone on 0797661178.

If your order has already been dispatched, you may cancel or return your order in line with our returns policy.

Prices

Please be aware that the prices displayed on our site include Value Added Tax where applicable but exclude delivery costs, which will be added to the total amount due. The applicable delivery costs will be clearly displayed during the checkout process.

Due to the large number of products on our site, it is always possible that some of the products listed on our site may be incorrectly priced, despite our best efforts. If we discover there is a pricing error, we will normally, at our discretion, either: (i) contact you and give you the option of reconfirming your order at the correct price or cancelling it; or (ii) reject your order and notify you of the rejection.

Payment

We accept payment with the following: Visa credit and debit cards, MasterCard credit and debit cards, American Express credit and Charge Cards, mPesa, airtel money, Pesapal, Pesa Pap, KCB mobile, Coop mobile, Chase mobile, K-Rep mobile, ABC mobile and CBA mobile.

By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in Kenyan Shillings. Non-Kenyan credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-Kenyan card holders will be liable to pay.

Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your credit/debit card and paypal will be charged at checkout and you will receive your order email/text once payment is complete. If we reject or cancel your order for any reason this charge will be credited back to the account used to make the payment.

You will receive the legally required invoice document in the Shipping Confirmation e-mail.

  1. Delivery

TAG exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order to an address in Kenya, in accordance with your selected delivery option.

TAG endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 3 days following confirmation of an order, unless otherwise agreed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

For more on delivery, please visit our FAQs section on delivery here.

  1. Returns

TAG guarantees full store credit of returned items, provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.

You will find more detailed information regarding our return process on the delivery note and in our Returns Policy.

  1. Privacy Policy

By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

What customer information do we collect
We will collect personal data that you submit to us, for example, when you place orders, contact our customer service or participate in competitions. The personal data that you submit to us may for example include contact information, date of birth and payment information. In addition we may collect certain personal data from external sources such as credit information and address updates.

How customer information is used

We may use your personal data for the following purposes:

  • To create and manage your personal account on our site
  • To process your orders and returns via our online services
  • To send text message notifications of delivery status
  • To contact you in the event of any problems with the delivery of your items
  • To answer your queries and to inform you of new or changed services
  • To send marketing offers such as newsletters and catalogues
  • To notify the winners in competitions arranged online
  • To manage your account by carrying out credit checks
  • To make analyses in order to provide you with relevant marketing offers and information
  • To validate that you are of legal age for shopping online
  • To send you surveys in order to give you a possibility to influence our offer and services
  • To test and improve our systems by which the services are provided
  • To prevent misuse or improper use of our services
  • To calculate the member points you are entitled to

We will keep your data for as long as necessary to fulfil the purposes above or for as long as we are required by law. In other words, while your account is in existence, or as needed to be able to provide the Services to you, or (in the case of any contact you may have with our Customer Care team) for as long as is necessary to provide support-related reporting and trend analysis only.

We will NOT share or sell your personally identifiable information – including your name, address, e-mail address, or credit card information – to any third party.  We believe this is absolutely essential to receive and repay your trust in us.

Customer rights
You have the right to request information about the personal data we hold on you at any time (free of charge once a year). If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed. We cannot remove your data when there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as unsettled debts. You can withdraw your consent to us using the data for marketing purposes at any time.

Securing your data
We take security of any information you share with us very seriously. Although, no data transmissions over the Internet can be guaranteed to be 100% secure, we make
sure we offer the highest possible security at all times to protect your data and aim to
continually adapt our security measures in line with technological progress and
developments.

We use Secure Sockets Layer (SSL) technology to encrypt all information sent between us and you so that card details and personal information cannot be read by external parties. Furthermore, your credit card purchase is transacted directly with an authorised credit card processor, which means we never see, store or hold in any way your credit card information.

In the unlikely incidence of unauthorised use of your card, you must report the incident immediately to your credit card provider in order to qualify for security protection.

You should be careful to maintain the secrecy of your passwords and/or account information and be responsible about protecting your personal information and identity whenever you are online.

Cookies
Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and storage of items in your Shopping Cart. You can change the settings on most browsers to change or disable cookies.

If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies.

There are two types of cookies: permanent and temporary (session cookies). Permanent cookies are stored as a file on your computer or mobile device for no longer than 12 months. Session cookies are stored temporarily and disappear when you close your browser session. We use session cookies when you use the product filtration function, to check whether you are logged in or if you put an item in your shopping bag.

You can easily erase cookies from your computer or mobile device using your browser. For instructions on how to handle and delete cookies please look under “Help” in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device.

Dispute Resolution
If you choose to visit our website, your visit and any dispute over privacy is subject to this Policy. By using this website, you agree that any dispute with TAG shall be resolved by arbitration in accordance with the processes and procedures of the Chartered Institute of Arbitrators (Kenya branch). TAG will not be liable for any damages arising from the use of any TAG service or from any information provided by TAG. TAG will not be liable for any direct, indirect, incidental, punitive or consequential damages, unless otherwise specified in writing.

If you have any concern about privacy at TAG, please contact us with a thorough description, and we will try to resolve it. Our business changes, and this Policy will change. Please check our Web site frequently to see recent changes. Unless stated otherwise, this Policy applies to all information that we have about you.

  1. Intellectual Property
    The intellectual property rights in all software and content made available to you on or through this Website remains the property of TAG or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
  1. Governing Law and Jurisdiction
    These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
  1. Indemnity
    You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use.
  2. Linking to our website
    You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    You must not establish a link from any website that is not owned by you.

    This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
  1. Complaints

Should you have any complaints, please contact our customer care team via email or telephone.