Please read these website terms and conditions carefully before using MyHQ website operated by Iconic Living of Shop No. 15 Rongai Business Hub& One Stop Shopping Complex, along Magadi Road (‘the company’/’we’/ ‘us’). By using the company’s website, you (‘the user ’) agree to be bound by the terms herein. If you (‘the user’) do not agree to these Terms, you are advised to leave the website immediately. These terms are to be accepted online and thereafter constitute a binding contract.
Definitions
“Company/We/US” means Iconic Living, a limited liability Company incorporated under the laws of Kenya of Shop No. 15 Rongai Business Hub & One Stop Shopping Complex, along Magadi Road.
“User” means the person using our Website.
“Website” means the MyHQ hosted at https://www.myhqafrica.com
“Purpose” means utilising the Website for personal shopping services.
“Privacy and Cookie Policy” means such policies forming a part of this Agreement.
Ordering process
To ensure a simple, transparent order, payment and delivery services, we’ve provided all the information you need here. We advise all our customers to carefully read our Terms and Conditions prior to ordering to avoid any inconvenience for either side.
Order acceptance will take place once you have received a written form of acceptance from us unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions in Ordering Information.
Completion of the contract between you and MyHQ will take place on the dispatch and subsequent delivery of the products ordered by you at the indicated address.
Non-acceptance of an order may be a result of one of the following:
The product you ordered being unavailable from stock
Our inability to obtain authorisation for your payment
The identification of a pricing or product description error
Not meeting the eligibility to order criteria set out in the Terms & Conditions
Right to Reject
We reserve the right to reject any offer to purchase by you at any time. If there are any problems with your order, you will be contacted by our Customer Services Representatives.
Data Protection
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure in accordance with all the Kenya data protection laws and where applicable, UK data protection laws and as per the Terms of GDPR as per our privacy and cookie policy .
You will be liable and you hereby agree to keep US indemnified and hold us harmless for any data breach occasioned by yourself due to negligence in handling your account and associated password.
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to, your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Contract Cancellation
You are entitled to cancel this contract if you wish to do so within 24 hours of ordering, provided you exercise your right before your personal shopper order has been shipped from London.
To exercise your right of cancellation you must give written notice, please email us at sales@myhq.co.ke immediately. Notification by telephone is not sufficient. Cancellation outside 24 hours will attract a cancellation fee of 20% of the amount paid.
If your order has already been dispatched from London, it cannot be cancelled.
Product Description
Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system.
Although we aim to keep the Website as up to date as possible, the information, including Product Descriptions, appearing on this Website at a particular time may not always reflect the position at the exact moment you place an order.
We will endeavor to ensure that the images displayed are of high resolution and are as close as possible to the actual item. You however acknowledge that the colour may slightly vary and you agree not bring a claim based on reasonable colour variations.
Payment
All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the products ordered plus delivery.
Mode of Payment
We accept payment using the Pesapal Gateway.
Options offered by Pesapal include Mpesa, Visa, Mastercard, American Express, Airtel and through Co-operative Bank.
We do not ship products paid for by BACS until we have verified that the payment has been received. You will receive a message during the ordering process informing you that goods will not ship until payment has cleared.
In case of any queries please email us at sales@myhqafrica.com
Our payments are in Kenya Shillings (KES).For all other countries, payments are taken in Kenyan shillings based on the current currency conversion rate.
Credit/Debit Cards: You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Exchange Rates:
Our exchange rates are based on the pound sell rate on the Forex market. Our rate may be slightly higher than the market sell rate, this is to include any bank charges we incur when transferring currencies
Custom Charges and Taxes
Custom Charges and Taxes are covered in our product charges when you use our 4 week service . If you wish to use the express service, you’ll have to pay the charges when the goods arrive at the airport.
Please note, if you choose express delivery, we won’t be able to determine the customs charges you may incur. This is determined by the customs team in your country.
Refusal of Transaction
We reserve the right to withdraw any products from this Website at any time and/or remove or edit any materials or content on this Website.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party by reason of our withdrawing any product from this Website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Eligibility to Transact
To be eligible to purchase products on this Website and lawfully enter into and form contracts on this website you must:
Register by providing your real name, phone number, email address, payment details and other requested information
Be over 18 years of age
Stipulate an accurate delivery address or postal address in Kenya or Uganda.
Possess a valid payment method
Amendments
The Company may amend these Terms from time to time and will endeavour to notify the user of such changes via email. If you continue to use the Company’s website, your use will be governed by the updated Terms.
The Company may also decide to cease providing all part of the Website at any time, and nothing in these Terms is to be taken as a guarantee that the Website will always be available, either in its current form or an updated version.
Account Information
You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in case of any changes in order to ensure that it remains true, accurate, and current and complete.
Intellectual Property
The user agrees that the Company owns all of the Company intellectual property rights existing in the Website and associated Software. Under the terms of this Agreement, the Company grants the User non-exclusive, non-transferrable, and time-limited rights to use the software, interfaces, content, documentation and any data, whether in read-only memory, on any other media or in any other form.
The user undertakes not to challenge or do anything inconsistent with such ownership.
The User grants the Company by using the website a royalty-free, irrevocable, perpetual license to use information and/or data collected from the website users provided that the information or data is anonymised before use.
Other than this right, the Company claims no intellectual property rights in relation to the images, information or contents that are displayed on the website and obtained as copyrighted from third party vendors, designers and/or retailers or from any other source for the purposes of enhancing user experience notwithstanding that the information, images and content may be freely available online. Subject to this Clause 14.4, User agrees to indemnify and hold harmless the Company for any breach of third party intellectual property however occasioned.
The user may provide the Company with feedback, alternative options, comments or suggestions on the Software and website, and the user agrees that the Company will be free to use, modify and incorporate such suggestions without any obligation to the user.
The Company retains ownership of the software and website itself and reserves all rights not expressly granted to the User.
The Website is provided “as is”
The Website is provided on an “as is” and “as available” basis. The use of the Website is the sole risk of the user. The Company will endeavor to promptly address any technical hitches encountered while using the website.
The company does not warrant that: (a) the website will meet the user’s specific requirements; (b) the quality of the website will meet all the user’s expectations;(c) the website will always be accurate or reliable; (d) or the website will be uninterrupted, timely, secure, or error-free (e) any/all errors in the website will be corrected.
The Company may subcontract or sell the business or merge, without having to obtain the user’s consent, any or all part of the provision of the Services and obligations under the Terms and conditions.
Non-Assignment
User is not permitted to assign, sub-license, and novate or transfer the benefit of these Terms or any of the rights conferred.
No Partnership
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use, and User does not have any authority of any kind to bind the Company in any respect whatsoever.
Permitted Use
Subject to the terms herein, all rights conferred by these terms are granted to using the Website for Personal Shopping. No part of the website may be used for other purposes including but not limited to research, study, competitor analysis or any other activity prohibited by this agreement.
The User must not: (a) use the Website/Software in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe on the intellectual property rights or those of any third party in relation to their use of the Software; (c) use the website/Software in a way that could damage, disable, overburden, impair or compromise the Company’s systems or security or interfere with other users; (e) collect any information or data from the Website/Software (f) disclose or distribute information relating to another user of the software to any third party, or use any other User’s information for any marketing purposes unless they have obtained the User’s express permission to do so; or (g) access or register User logins via any automated methods.
Liability is Limited
To the maximum extent permitted by law, the Company shall not be liable for any direct, consequential or exemplary damages, indirect, incidental, special, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible and tangible losses. Such losses may result from: (a) the use or the inability to use the Website (in whole or in part) or any technical malfunctions; (b) unauthorized access to, or alteration of, your communications or data; (c) the cost of procurement of substitute goods and services; (d) conduct or actions of any third party regarding the Software; or (e) any other matter relating to the Software/website.
Authority to Use
By assenting to this Agreement the User represents and warrants that they have the full right, power and authority to access and use the Software/website and, to the extent necessary, that they have obtained all necessary corporate or other authorizations or consents to access and use the Services. Thus, if you are an individual acting on behalf of an Organization, you represent and warrant that you have obtained all necessary authorizations or consents (i.e., you must be an authorized representative) to accept the Terms of Use on behalf of such Organization so that, in addition to yourself, such Organization is bound by the Terms and Conditions.
Entire Agreement
These Terms and Conditions and the attached Privacy and Cookie Policy constitute the entire Agreement between the Company and the User which supersedes any prior written or oral agreement with respect to the subject matter hereof.