Terms and Conditions

Terms and Conditions

Definitions

In this document, the following words shall have the following meanings:

  • Customer means the organisation or person who buys Goods.
  • Goods means the articles to be supplied to the Customer by Toplady Lingerie.
  • Intellectual Property Rights means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.

These Terms are applicable to all sales channels.

Website Content

All Goods displayed on Toplady Lingerie website are uploaded by including images of the product, a description, product features, and price. Although Toplady Lingerie ensures the information provided maintains size accuracy on relevant Goods, they may contain slight or unintended variations that may be impacted by the brightness of your screen.

Price and Payment

  1. The price shall be the quoted price or the price as listed in the Toplady Lingerie published price list as at the date of acceptance of an order unless otherwise agreed between Toplady and the Customer.
  2. All quotations shall be subject to the availability of the Goods and the Customer acknowledges that the price quoted or listed in the Toplady Lingerie published price list may vary at any time before the acceptance of an order. All quotations shall be issued in Kenya Shillings (KES) unless otherwise agreed with the Customer.
  3. Toplady reserves the right to reject an order from a Customer at its own discretion without having to provide a reason.
  4. The purchase price shall not include special packaging, branding required by the Customer, or any other incidental costs.

Stock-out

In the event that the Goods requested by a Customer are out of stock, customers are at liberty to select alternative goods or wait until such goods are procured. Toplady Lingerie will not be liable in any way for any breach of these Terms in the event any Goods requested by a Customer are out of stock.

Delivery

  1. Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Customer on, or as close as possible to the date required by the Customer. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
  2. If Toplady Lingerie is unable to deliver the Goods because of actions or circumstances under the control of the Customer, then Toplady shall be entitled to place the Goods in storage until such times as delivery may be affected. Unless otherwise expressly agreed, the delivery period specified will not be a final deadline and Toplady Lingerie shall not be liable to the Customer for default of this agreement by the mere fact that delivery exceeds the agreed delivery period.
  3. The Customer may be liable to pay additional charges on delivery from time to time based on the location of delivery as directed by the Customer.

Risk

Risk in the Goods shall pass to the Customer upon receipt of the Goods, being the time that the Goods arrive at the place of delivery, even if the Customer does not expressly accept the delivery. Where the Customer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

Promotions

Toplady Lingerie may, from time to time, offer different types of promotions on their Goods. Such promotions shall be undertaken as per the terms and conditions issued by Toplady Lingerie or as may be agreed upon with the Customer. Offers to Customers have a validity period and can only be claimed within that period.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Kenya and the parties hereby submit to the exclusive jurisdiction of the Kenyan courts.

General

  1. Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms shall be deemed to construe either of the parties as to the agent of the other.
  2. Unless expressly agreed otherwise in writing, these terms and conditions (the Terms) shall apply to any Agreement to the exclusion of any standard terms and conditions specified by the Customer or implied by law, trade custom, practice or course of dealing.
  3. Acceptance of the Goods or Services by or on behalf of the Customer shall be deemed to be full and unconditional acceptance of these Terms.
  4. Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Toplady Lingerie. Toplady Lingerie reserves the right to amend these Terms by issuing notice to the Customer.
  5. If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions shall continue in full force and effect as if these Terms had been agreed without the invalid, illegal or unenforceable provision.
  6. The failure by either party to enforce at any time or for any period any one or more of these Terms shall not be a waiver of them or of the right at any time subsequently to enforce all Terms hereunder.
  7. Each party shall be responsible for their own compliance with the relevant data protection laws, including the Data Protection Act, 2019 and all corresponding Regulations under it, any other applicable data protection laws, as well as the Toplady Lingerie Privacy Policy.