Terms of Service

Overview

Dewy Skincare is an online store offering natural and organic beauty and skincare products. This website is operated by Dewy Skincare (dewyskincare.co.ke) a business registered and incorporated in Kenya. Throughout the website, the terms “we”, “us” and “our” refer to Dewy Skincare.

Dewy Skincare offers this website, including all information, products and services available from this site to you, the user, on condition that you accept all terms, conditions, policies and notices stated here. By visiting our website and/or purchasing something from us, you engage in our “Service” and you confirm and agree that you understand and accept the following terms and conditions (“Terms of Service”, “Terms”), including privacy policy, additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not Agree to All the Terms of Service, your Sole and Exclusive Remedy is to Discontinue using this Website and any of its Services.

Product and Services

Although we have made every effort to display as accurately as possible the colors and images of products that appear on our shop, we cannot guarantee the images fully reflect the products and as such, the actual product and packaging may vary slightly from those images.

We reserve the right to limit the quantities of any products and services that we offer. At our sole discretion, prices and descriptions for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Service.

We do not warrant that the quality of any products and services purchased or obtained by you will meet your expectations, or that any errors in the products will be corrected. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

Prices and Payments

Dewy Skincare reserves the right to change pricing at any time without prior notice. Prices of products will be indicated on product and order pages when you place your order, and your total order price will include the price of the purchase plus any applicable sales tax and shipping charges.

You are solely responsible for all legal and regulatory obligations including tax obligations arising from placing an order on our website. We accept payment for the Service by way of mobile money payments or any other designated mode of payment indicated on our website.

Cash payment (cash on delivery) may not be an accepted method of payment on this site. Please contact us prior to placing an order if none of the accepted payment methods are available to you so that we can see if we can assist you.

Orders and Delivery

You shall order and pay for products and services using the procedure specified on this website. Subject to availability and receipt of payment, orders will be processed within two working days. Order processing will not begin until we receive a confirmed order and full payment.

We sell products and services to you on the following basis: (1) we will bear the delivery cost and we will choose the way of packaging unless agreed otherwise; (2) we will do our best to dispatch the products and services as soon as possible after you have placed an order; (3) risks related to the products and services pass to you on delivery; and (4) ownership of the products and services passes to you on payment of the prices in full.

We are not responsible for delays outside our control. If the supply of products and services is delayed by the courier or an event outside our control then we will contact you as soon as possible to let you know.

If you made an address error, this includes, but is not limited to: providing an incorrect address and/or old address, you are fully responsible for the additional shipping or address correction fee charged by the shipping company as well as a fee if we need to fill and process a replacement order. You will not be issued a refund/replacement if you mistakenly have your items delivered to the wrong address. No exceptions.

If you refuse your shipment or reshipment, or despite our reasonable efforts, we are unable to contact you to arrange delivery or collection, the order will considered a non-authorized return and will attract a restocking fee of 25% of the total order value, plus shipping, convenience and handling charges. This value is deducted from your payment and the remaining amount is refunded to your account.

We reserve the right to ship large orders in increments to cut down on expensive shipping costs. Large orders are not guaranteed to all arrive on the same day. We will send updates on anticipated delivery for orders as they are available.

You accept that in order for us to prove delivery of an order, we do not have to prove that you personally received the goods, but rather that any person at the delivery address signed for the delivery. Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.

You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Cancellations and Order Changes

Unfortunately, all orders are final and cannot be canceled or altered. We advise you to check your order before placing it and make sure you are certain before making payment. Dewy Skincare, in its sole discretion, reserves the right to refuse service to anyone, at anytime, with or without cause or reason.

In the event of conflicting interests, disputes, or policy violation, Dewy Skincare reserves the right to refuse future service and refund monies payed by the customer (unless order has already been filled and/or shipped) without notice.

Dewy Skincare reserves the right to cancel pending orders for issues due to failure/refusal to review/agree to our Order Policy, suspicious activity/unverified and unconfirmed accounts and conflict.

Refunds and Return Policy

All sales are final, non-refundable, non-returnable, non-replaceable and non-exchangeable. In the event that your products are damaged during transit, we may send you replacements within 7 business days. Customers have 1 business day (24 hours) to inform us of discrepancies, after this point the order is considered final and completed. There are no exceptions. Products that are out of stock will immediately be refunded.

Personal & Account Information

Your submission of personal information through our website is governed by our Privacy Policy and you agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

Every user of the website 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 passwords or accounts. We 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.

By using the website, you agree to receive promotional information from our website. You can opt out of receiving such promotional messages at any time. By using the website, you hereby allow us to use your personal information to provide Service. You also grant us the authority to provide such information to third party suppliers and providers who we may engage to provide Service.

User Submissions

If you send certain submissions (creative ideas, suggestions, reviews, feedback, proposals, plans, or other materials collectively, ‘comments’) with or without a request from us whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dewy Skincare, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Disclaimer on Medical Information/Advice

It is our mission that all information on this website is as accurate and up to date as possible, and that all products promoted cause no harm to our customers or the environment. However, due to the possibility of human and technical error, Dewy Skincare accepts no responsibility for the accuracy or completeness of information provided on the website. Neither do we accept responsibility for any adverse reactions that any of our products may cause.

While we have taken every reasonable measure to ensure that the products promoted on this website are of the highest quality and safety, the recommendations on this site are not the advice of a medical practitioner. We therefore advise you consult a medical practitioner if there is ever any doubt as to the use of the products.

Dewy Skincare does not provide or offer any medical advice or diagnoses. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Dewy Skincare website. Information and statements on this site are for informative purposes only, and are not intended to diagnose, treat, or prevent any disease or health condition.

Idemnification

You agree to indemnify, defend and hold harmless Dewy Skincare and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof)

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These terms are governed by and construed in accordance with Kenyan law. Any dispute arising between us from these terms shall be determined at first instance by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. In the default of settlement in the first instance by reference by either Party to arbitration by the Chartered Institute of Arbitrators.

Changes to these Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.