Terms of Service

Welcome to Brown The Label!

Our online shop operated under https.brownthelabel.com is owned and operated by Beib Body Limited, which is a private company limited by shares, incorporated under the laws of Kenya (Company Number: PVT-JZUQKM7) having its registered offices at Hyundai Complex, Mombasa road, Nairobi, Kenya.

The terms and conditions set out below govern all transactions on this site and your use of the site. By accessing, browsing and ordering products from this site, you agree to be legally bound by the set terms and conditions. 

 

We continuously update these terms to ensure that we are providing you with the best products and services. Remember to review this page before you shop, as the latest set will apply.

In case you need any clarification, get in touch with our customer care team- we’ll be happy to help!

ACCESS & SITE USAGE

To use this site you need to:

  •  
  • be at least 18 years old;

  • have an acceptable debit or credit card with sufficient funds in the account that is in your name or you have permission to use

 

You must not nor attempt to

  • use our website for any illegal or unauthorised purpose  or solicit others to perform or participate in any unlawful acts

  • undermine the rights of any individual or group through harassment, intimidation or mistreatment in any form including via email, live chat and comments you submit to our website. or use of abusive language or material. 

  • tamper with or disrupt our website or the servers that host the site by hacking, introducing trojans, viruses or any other material that is technologically harmful.

  • use any software or automated systems to extract any data on our website 

  • adjust or cause harm to any security-related features on our site

  • create user accounts under false pretences or by automated means

  • post, upload, transmit or make available any content that is defamatory, obscene, unlawful or inappropriate

  • use the site for any purposes other than personal use. Using the site or services provided through the site for commercial use prohibited and may warrant legal action

PRICES & PRODUCT DESCRIPTIONS

We try our best to provide accurate information on our website. In the rare case that errors occur in relation to product descriptions, prices or stock availability, we reserve the right to update any information without notice.  We apologise for any inconvenience this may cause.  

ORDERS & ACCOUNTS

All orders are subject to availability and confirmation as set out in our ordering process.

 

Orders can be placed with or without an existing member account. We encourage you to create an account to expedite the check-out process or use some account features like creating wish lists. 

 

You are entirely responsible for your account and any activity associated with it such as orders. You mustn’t use someone else’s account without their consent. Although we have taken all necessary requirements to keep your account information secure, we shall not be held liable for any unauthorised activity on your account arising from failure to keep your login information secure. We may however report fraudulent, abusive or illegal activity to the relevant authority.

DELIVERY & RETURNS

Prior to submitting an order, you’ll be given a delivery date depending on the delivery address. You must ensure that you are available to receive your delivery on the specified date as per our confirmation email. Our warehouse team will send you a text message or email notification once and order has been dispatched with an approximate period of delivery. Should you be unable to take delivery kindly give us notice within reasonable time to re-route the package or change delivery dates. 

 

If we are unable to deliver your order as per the stipulated time, we shall give prior notice with the expected date of delivery. 

 

We reserve the right to approve any returns or exchanges as per our returns policy.

GIFT CARDS & PROMO CODES

Promo codes are available through our site or marketing communications authorised by us. Purchase of gift vouchers and cards is available through our website and may be subject to security checks. Currently we only offer e-gift cards, which can be redeemed at check-out. Gift cards and promo codes are subject to the following terms;

  • Only one promo code can be used per order but multiple gift cards can be used on one order.

  • Promo cards are only valid for the stipulated time and for certain products as communicated on our site or marketing efforts. 

  • Purchased gift cards will be emailed to you or your chosen recipient. We shall not accept any liability for the loss or theft of your gift card, if your email is hacked

  • If we become aware of misuse or fraud in relation to a gift card or promo code we reserve the right to block your account and/or require a different payment method.

  • Redeemed gift cards cannot be transferred to another account or user.

  • Gift cards are non-refundable and cannot be exchanged for cash 

  • The validity period of gift cards is 12 months from date of purchase. Any unredeemed gift cards or balances will be voided

  • If your order is less than the gift card value, the balance shall be stored in your account and cannot be transferred to other accounts. The balance can be used for future purchases within 12 months of issue

  • If you return an item paid for with a gift card that is entitled to a refund, 80% of the value will be treated as store credit and 20% refunded through Mpesa or a debit or credit card attached to the account.

MARKETING PROMOTIONS

On a periodic basis we may run marketing promotions that may be in respect to certain products, transaction value, bundle and/or delivery discounts, social media campaigns or co-branding promotions. These promotions are subject to both these terms and any additional promotion-specific terms. Ensure that you read and understand any conditions that apply to specific promotions. By proceeding to participate you implicitly agree to the terms of the promotions.

INTELLECTUAL PROPERTY

All content on this site, inclusive of but not limited to images, video, audio, text, design,  and the site are subject to copyright, trademarks, trade secret rights and other intellectual property rights. These rights including the trademark “Brown the Label” are the exclusively property of the company. No site content can be reproduced, modified, copied, distributed, transmitted, framed, adapted, downloaded or published in any form for any purpose whatsoever without our written consent.   

DISCLAIMER

BY USING THIS SITE YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS SOLELY AT YOUR RISK. ALL CONTENT, PRODUCTS AND SERVICES IS PROVIDED “AS IS” WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND WITH REGARD TO ITS ACCURACY OR RELIABILITY. THE COMPANY DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE COMPANY DISCLAIMS ANY REPRESENTATION AND WARRANTY THAT;

  • THE OPERATION OF THIS SITE MEET MEET YOUR EXPECTATIONS OR REQUIREMENTS

  • THE SITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS

  • ANY DEFECTS IN ANY SOFTWARE USED ON THE SITE OR ITS SERVICES WILL BE CORRECTED

  • THE SITE WILL BE FREE FROM TROJANS, VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WHILE THE COMPANY STRIVES TO DELIVER ACCURATE AND RELIABLE SERVICES THROUGH THIS SITE, WE SHALL NOT BE HELD LIABLE FOR DAMAGES, DISRUPTIONS OR FAILURE OF PERFORMANCE DUE TO FACTORS OUTSIDE OF OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, ACTS OF THE CUSTOMER OR ANY OF ITS REPRESENTATIVES, ACTS OF WAR, TERRORISM, RIOTS, STRIKES, LOCKDOWNS, EPIDEMIC, WEATHER,  FIRE OR OTHER CASUALTIES OR TECHNOLOGICAL INTERRUPTIONS.

 

DUE TO MAINTENANCE REQUIREMENTS THIS SITE MAY BE UNAVAILABLE FOR USE OCCASIONALLY.

LIMITATION ON LIABILITY

THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS AND AFFILIATES,  SHALL NOT BE HELD LIABLE  (TO THE EXTENT PERMISSIBLE BY LAW) FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT EXEMPLARY DAMAGES, OR DAMAGES RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICES AND PRODUCTS PROVIDED ON THIS SITE, LOST OR ADULTERATED DATA, LOST PROFITS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL THE COMPANY’S LIABILITY, OR THAT OF ITS AFFILIATES OR PARTNERS EXCEED THE PRICE PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.

INDEMNITY

You expressly agree, by use of this site, to indemnify and hold the company, its shareholders, directors, employees, agents, officers and that of its affiliates free from all harm, liabilities, claims, losses, damages, demands, costs and expenses (including legal fees), made by you or any third party arising from your violation of this agreement and the use or misuse of the site and its services. 

GOVERNING LAW

This agreement shall be governed and construed by the laws of the Republic of Kenya. Your use of this site implicitly suggests acceptance to the exclusive jurisdiction of the courts of the Republic of Kenya.