Terms & Conditions

Terms and Conditions

These are the terms and conditions on which we, brainy, a publicly listed company registered and incorporated in the Republic of Kenya, will facilitate the supply and delivery of products and services in the Republic of Kenya.

This agreement was last updated on June 24, 2022.

1. Introduction

1.1 Before you place an order with us, make sure you read these rules and guidelines. They explain who we are, how we provide the products you buy, how we can change or terminate the contract, what to do in case of issues with your order, and other important information.

1.2 By accessing the website, you confirm and agree that you understand and accept these terms, which are legally binding upon you and create a contract between you and us.

1.3 We retain the right to alter, amend, append, or eliminate sections of these terms and conditions at our discretion. In such an instance, any revisions shall become effective on the date of their posting on the website.

2. Our Products

2.1 You understand that the products displayed on this website are not manufactured by us but are stocked by us due to our partnership with suppliers.

2.2 The images of the products on our website are for illustrative purposes. While we have made all efforts to ensure a match between the image and the product, please note that they are for reference only.

2.3 If we are making the product based on measurements you have provided, you have a responsibility to ensure that the measurements are correct.

3. Prices

3.1 Prices of products will be indicated on the product pages and order pages when you place your order.

4. Order

4.1 You shall order and pay for the products using the procedure specified on this website.

4.2 The costs of delivery will be as displayed to you on the website.

4.3 During the order process, we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.

4.4 If the products are one-off services, the services will begin on the date set out in the order.

4.5 We are not responsible for delays outside our control. If the supply of the products is delayed by the supplier, courier, or an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

4.6 If no one is available at your address or any other address provided by you to take delivery, we will notify you of how to rearrange for delivery.

4.7 We may need certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them caused by you not giving us the information we need within a reasonable time of us asking for it.

5. Title and Risk

5.1 You shall take up any risk of any damage or loss to a product from the time we deliver the product to the address provided by you.

5.2 You are responsible for the product from the date we deliver it to you and should take out insurance for it.

5.3 You shall own a product only after we have received full payment for it.

6. Suspension of Supply

6.1 We have the right to suspend the supply of a product for any reason whatsoever, including to deal with technical problems relating to the product or make minor technical changes, or to update the product to reflect changes in any relevant laws and regulatory requirements.

6.2 We will contact you in advance on the contact information provided by you to notify you if we intend to suspend the supply of a product.

7. Termination of Contract

7.1 We may end the contract for a product at any time by writing to you for any reason whatsoever, including if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c) you do not, within a reasonable time, allow us to deliver the products to you or allow us access to your premises to supply the services.

7.2 If we end the contract in the situations set out in clause 7.1 above, we will refund, in accordance with our refunds or returns policy as set out on this website, and as modified by us from time to time and which is hereby incorporated into and forms a part of these terms and conditions, any money you have paid in advance for products we have not provided.

7.3 Where the contract is terminated for reasons related to your conduct, we may deduct or charge you such amount as is specified in our refunds or returns policy or other reasonable amount as compensation for the net costs we will incur as a result of terminating the contract.

8. Warranty for New Laptops:

• 8.1 All brand-new laptops from brainy come with the manufacturer's warranty.
• 8.2 We stay in touch with the manufacturer to fix any problems quickly.
• 8.3 If the manufacturer says we need to, we can replace your laptop.
• 8.4 This happens when we can't get replacement parts.

9. Repair Time for Laptops with Warranty:

• 9.1 Laptops with a manufacturer's warranty might take up to 2 weeks to fix. This includes getting parts from the manufacturer.
• 9.2 We can't give you a new laptop while yours is getting fixed.
• 9.3 You should back up your data before sending the laptop for warranty.
• 9.4 We or the manufacturer aren't responsible if you lose your data.

10. Warranty for Accessories and Ex Uk Laptops:

• 10.1 We give a warranty for accessories, usually 3 to 6 months, and 1 year for Ex Uk Laptops.
• 10.2 It'll say if something is eligible for a 1-year warranty on the product page.
• 10.3 Replacement parts have a 3-month warranty.
• 10.4 If the goods are tampered with or have missing serial numbers, the warranty won't work.
• 10.5 We'll give you a credit note if you qualify for return or refund.

11. Your Shipping Choice:

• 11.1 If you tell us to use your preferred shipping method, we're not responsible if something gets lost.
• 11.2 It's your job to pick a safe and reliable shipping option.
• 11.3 We work with Wells Fargo for smooth shipping.

12. Shipping Policy:

• 12.1 We're all about making your shopping experience great, including how we ship your stuff.
• 12.2 We deliver in Nairobi with our own team or partner with Wells Fargo for deliveries outside Nairobi.
• 12.3 You can choose your own courier if you want.
• 12.4 We don't want to make money on shipping, so we charge what our partners charge us.
• 12.5 How long it takes to get your stuff depends on where you are and the shipping method.
• 12.6 We'll give you a tracking number so you can watch your delivery.
• 12.7 Sometimes things can be delayed because of weather, holidays, or other stuff outside our control.

13. Payment Options:

• 13.1 We have different ways for you to pay.
• 13.2 You can pay with cash in our stores or for deliveries in Nairobi.
• 13.3 There's also an MPESA option with our PayBill number: 222189 and the account "BRAIN."
• 13.4 You can use cheques, too, made out to "Brainy Internet Group Limited."
• 13.5 For bank transfers, we're with Family Bank; the details are in our account.
• 13.6 If you like cards, we take credit and debit cards in our store.
• 13.7 Use secure checkout for credit card and mobile payments at checkout.

14. Complaints and Compliments:

• 14.1 If you have something good or bad to say, tell us at [email protected].
• 14.2 We value your feedback and aim to make improvements.

15. Personal Information:

15.1 "Personal Information" means personal identifiable information as prescribed in the Data Protection Act, which includes but is not limited to name, address, phone number, identification number, location data.

15.2 Collection of Information:

15.2.1 We are required by law to collect certain personal information and are legally obligated to deny you the service if such information is not availed.

15.2.2 Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information, we may not be able to provide quality service.

15.3 Privacy:

15.3.1 We are committed to respecting and protecting the privacy of the information we collect from you. Our privacy statement, as updated from time to time, explains how we treat your personal information, who we share your information with, and measures taken to protect your privacy when you use our service.

16. Notices, Instructions, and Communications

16.1 Any notification or other communication given to us under this contract shall be as specified or required under the website or in writing and sent to the address set out below or such other address as may be notified by us to you, and such notice to us shall take effect upon its actual receipt by us:

Director,
Brainy Internet Group Limited
Purvi House, Westlands

16.2 All written communications by us to you under this contract shall be sent to the last postal or e-mail address notified to us by you or by posting such information on our website and shall be deemed to have been received by you when sent to the relevant address or when posted on our website as the case may be.

16.3 We may record telephone conversations with you without the use of a warning tone and may use the recordings as evidence in the event of a dispute.

16.4 All communications between us under this contract and documents and other information provided by us to you in connection with our services shall be in English.

17. ETR Requests

17.1 ETRs will be available to customers on request.

17.2 ETR should be requested within 7 days of order placement.

17.3 Timeline is 14 days after the request has been made.

18. Applicable Law

18.1 These terms are governed by and construed in accordance with Kenyan law.

18.2 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, the dispute shall be referred by either party to arbitration by the Chartered Institute of Arbitrators, Kenya Branch in accordance with its rules. The Arbitration Act, 1995 will apply.

By doing business with brainy , you agree to these terms and conditions. If you have questions or concerns, please contact us at the provided email address.

20. Changes To This Agreement

20.1 brainy may, at its sole discretion, update or change these Terms and Conditions by publishing the revised terms on the website. If you continue using the website after such modifications, it indicates your agreement to the updated Terms and Conditions.