All information on this web site is provided in good faith and for general information purposes only and Vitendi Ltd (`we` or `us`) will use its reasonable endeavors to ensure that the said information is accurate. This web site is provided on an `as is` basis without any representation or endorsement made and Vitendi and its associated companies make no warranties of any kind, whether express or implied, in relation to this web site including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, compatibility, non-infringement, conditions of completeness, accuracy, security, or any implied warranty arising from your access to, use of, reliance on or otherwise of this web site. Vitendi shall not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, use of, reliance on or otherwise of this web site. Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this web site by unauthorized third parties.

In addition, Vitendi shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this web site.

The material on this web site is protected by copyright and all copyright, trademarks and all other intellectual property rights in all material or content contained within this web site shall remain at all times the property of Vitendi Ltd or of their licensors respectively.

Unauthorized copying, reproduction, transmission, publishing, displaying, distribution, commercial exploitation, modification, hiring, lending or broadcasting of such material or content is strictly prohibited.

For your convenience, we may provide links to other web sites or resources. This web site contains links to other web sites which are hosted and maintained by third parties. We have no control over the content or security of any such web site, therefore, you link to such web sites at your own risk. We make no representations regarding the content of any such web site and will not be liable for any loss or damage which may arise from the use of such third party web sites.

To assist your navigation of this web site and our prevention of fraud we may send “cookies” from this web site to your computer. We do not obtain personal data from your computer or gather personal information about you unless you personally give information to our server. Furthermore computer viruses are not passed through the use of “cookies”. You may choose to disallow “cookies” via your browser but this web site may not work properly as a result.

This notice may be amended by Vitendi from time to time without notice.
Core

1          GENERAL

1.1        In these conditions: “Advisor” means our representative(s) who assists you in choosing the Goods and installs the same; “Contract” means the contract, comprising these conditions and the “Order” (as defined below), for supply of Goods and Services; “Consumer” means any customer who is purchasing outside the course of his or her business or trade; “Order” means the order by you for the Goods and Services accepted by us; “you”/“your” means the Consumer submitting an order for Goods and Services; “Goods” means the blinds, window furnishings or other products to be supplied by us as noted in the Order; “Services” means the services relating to the installation of the Goods; “we”/“us”/“our” means Vitendi Limited a company registered in Kenya with number C.163033, registered office, 30 School Lane, Westlands, Nairobi, Kenya P.O. Box 422-00606.

1.2        These conditions: will apply to all your purchases of Goods and Services (as those terms are                  defined below) from us; may only be changed in a document signed by one of our directors; and form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.

1.3        By accepting the Contract you are confirming that you are a Consumer. No third party may claim any rights under this contract.

2          YOUR ORDER FOR THE GOODS AND SERVICES

2.1        The Order shall be detailed on the form attached to these conditions. Once the Order has been completed and signed by you and received by us, the Order shall be deemed to have been accepted by us unless we notify you to the contrary within 7 days of you signing the Contract (in which case we shall promptly refund any sums paid by you in respect of the Order.)

2.2        Where the Order is purchased on credit terms, we will require a purchase order or equivalent document that guarantees payment upon terms agreed. Failure to honor payment terms will incur 5% interest charge above principal order value per month.

2.3        By placing the Order you authorize us, at our discretion, to carry out credit references or other enquiries of your financial status and you shall provide, upon request, any written authorization which may be required for the purpose of such enquiries.

2.4        You warrant to us that you: have the right to contract with us to supply the Goods and Services at the premises where they are to be delivered to and installed; and will supply us with such information, rights of access, and mains electricity that we may reasonably require in order to deliver the Goods and perform the Services and/or check the Goods and their installation where you notify us about a problem with the same.

3          PRICE AND PAYMENT

3.1        The price for the Goods and Services is stated on the Order. All prices are inclusive of the cost of VAT. Certain sites may incur additional delivery and installation charges which will be notified to Consumer. For delivery and installation sites outside Nairobi City, additional out of town charges apply for transport and it is consumer’s responsibility to ensure adequate accommodation and food provision for installation teams.

3.2        Unless credit terms have been agreed with us in writing, payment of the purchase price for the Goods, net of any deposit already paid, is due upon completion of the Services or, in the event of cancellation or refusal to accept delivery of the Goods, upon such cancellation or refusal as the case may be.

3.3        Where you do not make any payment to us under the Contract by its due date, we may, in addition to any other rights which we have under this Contract and in law: withhold further deliveries or supplies, or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us; and/or we may bring action against you for the price of the Goods plus administration & recovery costs at any time.

3.4       In the event that your final balance payment is not received, for example if your card declines or your Cheque bounces, or if you fail to make payment once fitting has taken place, we may instruct internal or external debt collectors to collect the monies due from you under this contract. Where we instruct any debt collector we reserve the right to charge you, in addition to the overdue amount and accrued interest, and any other remedies or rights that we may have, for any charges reasonably incurred by us in instructing a debt collector.

4          DELIVERY OF THE GOODS AND SUPPLY OF THE SERVICES

4.1        We will deliver the Goods and supply the Services to the place noted in the Order.

4.2       Unless otherwise expressly agreed in writing, any delivery or supply date or time specified by us in any Order or otherwise is a best estimate only and we will not be liable to you for any loss or damage (including for the avoidance of doubt any loss of income or revenue, loss of business, loss of anticipated savings, loss of data or any waste of time related to a cancelled fitting appointment) sustained by you if we fail to meet that timescale because of circumstances beyond our reasonable control. The Order relates to a made-to-measure product which is exempt from delivery within a 30 day period, as the delivery time for a made-to-measure product may vary by several weeks.

4.3       Where you fail to meet and/or agree the delivery date, full payment must be made. We will not accept postponement of fitting unless full payment is received.

4.4       It is a condition of these terms that access to the property is made available at the mutually agreed dates for Survey, installation and service calls. In order to ensure safe working practices it is a condition of these terms that the area in which the works are to be carried out is cleared of but not limited to pets, plants, furniture, breakable items and household residents. The company requires 72 hours’ notice of a cancelled appointment.

4.5       For larger Orders it may be necessary for Goods to be delivered to the property prior to the installation date. We will inform you where this is necessary and you will be responsible for facilitating such a delivery.

4.6        As every blind is custom made to your precise requirements, once made, our products are suitable only to you, and therefore cannot be cancelled or returned. Because of this, it is extremely important that you are sure about the product that you want and also the size you require. We strongly recommend that you double check any measurements and take advantage of our measuring service to ensure that you order both the correct size and correct design. Any changes to blinds after they have been produced or installed will incur additional charges that will be fully borne by Consumer.

4.7        Our Survey and Installation Teams are under instruction to exclusively provide services for products purchased from Vitendi Ltd only. We will not remove fixtures and fittings unrelated to our products and/or you’re Order with us. If our window treatments are to replace existing old systems, blinds, curtain rods, curtain pelmets or any other fittings in your premises, these are to be removed before hand by the Consumer before our installation is requested to install you new Vitendi window treatments. In the event that our installation team is forced to remove or add fixtures and fittings, the Consumer will be automatically charged additionally for the labor and time at Company rates which will be fully payable.

4.8        For window heights that exceed 3 meters from floor level, the Consumer will have to make arrangements to provide sufficient scaffolding in order to ensure installation safety for our team.

5          WARRANTIES FOR THE GOODS AND SERVICES

Subject to conditions 5.3, 5.5 and 5.6:

5.1        We will supply the Services under this Contract with reasonable skill and care and in accordance with the specification set out in the Order which we have provided to you for those Services.

5.2        If the Services supplied by us are not in accordance with condition 5.1, above, you should notify us in writing within a reasonable time from their supply or of becoming aware of the defects which are not apparent to you on a reasonable inspection of the Services. We will arrange with you a time when we can visit your premises to examine the supplied Services and, if the Services are not in compliance with condition 5.1 we will, either remedy the defect in question or re-supply the defective Services.

5.3        Whilst every attempt will be made by us to ensure that the Goods supplied match in every respect any samples shown or description given to you, any minor or immaterial variation between sample or description and the Goods delivered shall not entitle you to reject the Goods, nor to withhold or reduce payment of the purchase price, nor claim any compensation for such variation or change. Natural products used in production of specific blind types will have inherent difference and colors variations from batch to batch and should be tolerated.

5.4        Subject to clause 5.6, we offer a warranty of 12 months on blinds, shutters and awning from the date of installation.

5.5        We warrant that, subject to condition 5.6, should any defect in material or workmanship occur within the relevant warranty period (noted in condition 5.4) after the date of delivery and installation of the relevant Goods, we will arrange with you to examine the Goods and, if the Goods are defective, we shall either repair or replace the defective Goods free of any charge for labor or materials (always providing that the Goods have not been subject to any misuse or modification).

5.6        The warranties provided in this condition 5 shall not apply: in relation to fading/discoloration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession. Whilst all fabrics supplied by us are tested in accordance with BS EN ISO 105 B02, fading will inevitably occur. However, performance of the product is unimpaired and the warranties provided in this condition 5 shall not apply in relation to fading/discoloration caused by fair wear and tear; and/or where the relevant fault or defect has been caused by your misuse and/or neglect of the Goods; and/or by accidents caused while the Goods are in your possession.

5.7       In order for us to complete any repairs required under the warranty, we will require access to your property at a mutually convenient time. Failure to provide such access will be deemed a frustration of the contract and our obligations as set out within clause 5 will cease.

6          LIMITATION OF LIABILITY

6.1       We do not undertake structural surveys and no liability shall be accepted where damage is caused by existing structural or other defects of your property. It is your responsibility to ensure that the installation of the Goods does not breach any leasehold, planning regulations or warranties that you may hold.

6.2       In order to install the goods, holes will be made in the fabric of the structure. Whilst every effort and care will be taken during this procedure, no liability is taken for any unforeseen damage for holes left when products are subsequently removed.

7          DELAY OR FAILURE TO PERFORM

We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.

8          GENERAL

8.1        No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.

8.2        Each provision of this Contract shall be construed separately and notwithstanding that the whole or any part of any such provision may prove to be illegal or unenforceable the other provisions of this Contract and the remainder of the provision in question shall continue in full force and effect.

8.3        Risk in the Goods passes upon delivery and fitting, but title will only pass to the customer upon payment in full being made.

9          NOTICE OF THE RIGHT TO CANCEL

1. i) Unfortunately, as the goods are made-to-measure to your requirements, you will not be able to cancel your Order once placed (subject to clause 9(iii) below),
2. ii) This Contract is with Vitendi Ltd whose registered office is 30 School Lane,Westlands

Nairobi, Kenya. Registered Number C.163033.

iii)         Notwithstanding clause 9(i) above, as a goodwill gesture, Vitendi Ltd will accept cancellations of Orders placed provided that notice of cancellation is received within 1 hour starting with the date and time the Contract is formed. Your cancellation must be received by email to info@vitendi.co.ke or by telephone on +254 (020) 257 3235. Cancellation of Order after this time will be subject to forfeit of deposit payment and in the case of Order placed by purchase order / LPO, the cost of materials already used in production will be invoiced to Consumer for settlement.

1. iv) The notice of cancellation is deemed to be served from the day it is given to us via the email address in clause 9(iii) above or on the telephone number in clause 9(iii) above.

v)         Any related Credit Agreement will automatically be cancelled if you cancel this Contract.