Terms & Privacy

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Privacy Policy

Here at Coloursoft we take your privacy very seriously, treating you the same way we’d want our own details handled. Your information is collected lawfully and fully in accordance with the Access to Information Act (No. 31 of 2016), the Kenya Information and Communications Act (No. 2 of 1998) and the Consumer Protection Act (No. 46 of 2012)

Why We Collect Your Information

Your personal information is used to help us process your order and deliver it to your quickly. For example, we can’t deliver an order without knowing your delivery address.

Is Your Data Shared With Anyone

Your information is only ever used in two areas crucial to our service:

  • Your email address is passed to our email provider so we can send service-critical emails (such as your order confirmation email)
  • Your delivery address is passed to a delivery company or supplier, so that they can ship certain orders or items to you.

Your information is never shared with any other third party companies. Ever.

The Information We Collect Includes

  • Your Name
  • Address
  • Phone Number
  • Email address

We never collect information without your consent, and you can check or update any information we hold of yours by emailing us at info@tos.co.ke. Any inaccuracies or information you want removing, we can delete or correct as you need.

This information is stored 100% securely in line with our internal Data Protection Policy, indefinitely in our systems unless otherwise requested.

Card Details

We never store card details, and all card processing is done externally by PesaPal, a payment processing company. This is 100% secure and your card is never at risk.

Website Data & Cookies

We use technology to track anonymous user behaviour on our website to help us improve our performance. This data is 100% anonymous and cannot be used to identify you. This is used by nearly every website on the internet and is crucial to help make website improvements.

For example, if we see 100 anonymous users get an error on one page, we know to fix that page.

This technology includes using a “cookie” that is stored on your browser, and you can modify your browser to prevent this happening. If you have any questions about your privacy you can email us at info@tos.co.ke

Emails & Unsubscribe Options

Quite simply, spam email is the worst. We will not send any unsolicited email to your email address, and all marketing emails have a clear opt-out/unsubscribe option.

Terms & Conditions

Our terms and conditions are as follows:

  • We send orders as quickly as possible when they’re received.
  • Orders before 12pm are typically sent the same day, and after 12pm, the customer can usually expect goods the next day.

1 Definitions

In these Terms and Conditions of business the following meanings shall apply: –

“The Company”shall mean Total Office Solutions (EA) Ltd who’s office and place of business is at:

3rd Floor, Empress Office Suites, Jalaram Road, Westlands, Nairobi – PO BOX 14645 – 00800

“The Customer”shall mean any person or persons, firm or company who buys or agrees to buy goods from the Company

2 Conditions Applicable

These Terms and Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company. All conditions of the Customer or other terms and conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing, and these terms and conditions shall be deemed to be incorporated in any quotation received from the Company and the Customer’s own conditions shall not be regarded as a counter offer.

The exercise by the Company of any right pursuant to these Terms and Conditions shall be without prejudice to any other right available to it whether hereunder or under general law.

3 Quotations

The Customer acknowledges that no contract was entered into in reliance on any representations other than those incorporated in the Company’s quotation and these Conditions, and particularly no catalogue or price list shall form part of the contract documents.

A quotation by the Company shall not constitute an offer and there shall be no binding contract until the Company has confirmed acceptance of an order placed by the Customer, either in writing or by fulfilling that order. Telephone orders will not be dispatched without a signed faxed confirmation of order.

Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the rate in force on the date of the Company’s invoice to the Customer.

Quotations assume the accuracy of information provided the Customer and are not valid in the event of any information supplied to the Company being incomplete, inaccurate or misleading. Any modifications to specifications required after the Company has provided a quote will entail an extra charge being raised at a reasonable rate having regard to the nature of the modification.

4 Delivery

The Company will endeavour to meet any delivery time stated in a quotation or order acknowledgement. If an order is received from a customer before 12pm the Company will endeavour to dispatch the ordered goods the same day. However, delivery dates and times specified by the Company are approximate only. Unless expressly agreed by the Company in writing, time is not and shall not be deemed to be of the essence of the contract. The Customer shall make all arrangements necessary to take delivery of goods whenever they are tendered for delivery.

If goods are sold and delivered to the Customer in installments each delivery shall constitute a separate contract, and failure by the Company to deliver any one or more of the installments or any claim by the Customer in respect of any one or more installments shall not entitle the Customer to treat the contract as a whole as repudiated. Further the Customer shall have no right of set-off against any monies due to the Company under this or any other contract.

5 Cancellation and Variation

No cancellation, suspension or variation by the Customer of any order accepted by the Company shall be valid unless agreed by the Company in writing and such agreement may only be given on terms which compensate the Company for any loss, costs, damages, charges and expenses thereby incurred by the Company, such compensation to be decided by the Company in its absolute discretion. In particular, the Company reserves the right to charge a handling fee for goods which are accepted back into stock for credit, although the Company’s claim in this regard may not be limited to this sum.

The Company reserves the right to make any changes in the specification of goods which are required to conform with any applicable safety or other statutory requirements or where the goods are supplied to the Customer’s specification which do not materially affect their quality or performance.

6 The Price and Payment

The price to be paid by the Customer shall be the sum(s) shown by the Company’s invoice(s) which shall be based on the sum quoted or the Company’s list price for the goods but which may take into account any increase in the cost of goods and materials, increased labour, transport, storage, fuel and power charges arising after the date of the quotation or contract or during the performance of the contract.

Payment of the price and VAT shall be due within the agreed payment terms of the date of invoice unless a different time for payment is specifically stated within the Company’s quotation or acceptance of order. Time for payment shall be of the essence.

All other sums due to the Company from the Customer are payable on demand.

Where goods are delivered in installments the Company may invoice each installment separately and the Customer shall pay such invoices in accordance with these Terms and Conditions.

If the Customer is in default in paying any sum as and when it becomes due, the Company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered thereunder.

In the event that the Customer fails to pay any monies by the due date, the Company shall be entitled to charge interest on the outstanding monies both before and after Judgment from the due date to the date of actual payment at the rate of 3%. In addition the Company reserves the right in its absolute discretion to recharge discounts previously agreed on orders should payment not be made by the due date. The customer shall also indemnify the Company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred.

The Company shall have a general lien on all and any goods for the time being under its control belonging to the Customer for all sums due and for all claims of every description by the Company against the Customer in respect of any order or account and if any sum or sums remain owing to the Company fourteen days after the Customer has been given notice in writing of the exercise of such lien the Company shall have the power to sell the whole or any part of such goods to discharge the same sums and claims and all expenses incurred in connection with the sale of the goods and any balance of the proceeds of such sale shall be paid by the Company to the Customer.

The Customer shall not in any event, until all monies due have been paid to the Company, be entitled to pledge, or in any way charge by way of security for any reason, any of the goods which remain the property of the Company, but if the Customer does so all monies due to the Customer shall become immediately due and payable without prejudice to any other right or remedy of the Company.

7 Title and Risk

The risk in goods sold to the Customer shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration of the goods or a part thereof at the time of the tender or if the Customer wrongfully fails to take delivery of the goods when tendered or from the time when the same leave the premises of the Company (or the premises where the same were stored for or by the Company or to the Customer’s order) save that if the goods are sold “ex works” and are not collected by the Customer by the due date for collection the goods shall be at the sole risk of the Customer thereafter. Where the goods are delivered by carrier any claims for loss or damage in transit must be made by the Customer against the carrier in accordance with any terms and conditions of business of the carrier.

Title in the goods or any part thereof shall only pass to the Customer when payment in full therefor has been made and the Customer shall permit so far as it is able and shall use its best endeavours to assist any officer, employee, representative or agent of the Company to enter onto any premises where the goods may from time to time be situate and to repossess the goods at any time prior to title passing to the Customer and until such time as title passes the Customer shall hold the goods as the Company’s fiduciary agent and bailee.

The Customer shall at all times until payment in full keep the goods separate from all other goods in the Customer’s possession, clearly marked as the property of the Company and shall store the goods in a safe and proper manner. The Customer shall insure the goods at all times and account to the Company for any proceeds of any such insurance and the amount of such proceeds received by the Company shall be set off against the sum due for the goods or any part thereof outstanding. Any proceeds of such insurance shall at all times be kept separate from any and all other monies held by or on behalf of the Customer.

8 Insolvency

If any distress or execution shall be levied on the Customer’s property or assets or any part thereof, or if the Customer shall make or offer to make any arrangement or composition with its creditors generally or if the Customer: –

(a) being an individual, commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against him; or

(b) being a partnership, if the said partnership is dissolved for whatsoever reason or if any partner commits any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy shall be presented or made against any partner or the partnership; or

9 Restriction on Liability

Should the Company be restricted, hindered, delayed in or prevented from carrying out its obligations under the contract by any circumstances whatsoever outside the Company’s reasonable control including, without prejudice to the generality of the foregoing and without limitation, any act of God, war, riot, strike, lock-out, trade dispute or other labour disturbance, fire, flood, difficulty in obtaining workmen, fuel, materials or transport, government restrictions or the exercise of government authority, whole or partial failure of equipment or the Company’s suppliers then the Company shall not be liable to the Customer for any loss or damage whether direct or indirect which may thereby be suffered by the Customer and furthermore the Company shall be at liberty to determine or suspend the contract without incurring any liability for any loss or damage resulting to the Customer. The apportionment of available goods between separate orders and separate Customers shall be entirely within the discretion of the Company.

The Company shall not in any event be liable for indirect or consequential loss or damage including without limitation loss of profits, of use, or of contracts arising out of the supply or failure of supply of goods or services by the Company (other than liability for death or personal injury resulting from the negligence of the Company) and whether arising in contract, tort or otherwise and in all other cases liability shall be limited to the contract price, and the’ provisions of this sub-clause shall survive the termination of an order or contract however arising.

No liability for any other losses shall attach to the Company unless details of such losses are notified to the Company in writing within two days of the date of delivery or the date of the event giving rise to such loss if delivery is not accomplished. In cases of alleged non-delivery claims must be notified to the Company within 7 days of dispatch of the goods by the Company.

10 Applicable Law

These Terms and Conditions and the rights and obligations of the parties to the contract shall be governed, interpreted and construed solely in accordance with the Laws of Kenya.

11 Returned Goods

The Customer wishing to return goods for any reason must first contact the Company’s Customer Services Department (between 10am and 4pm within 30 days of invoice date) to obtain a return acceptance. The Customer will be asked to provide invoice number and date, quantity, full reason for the return and appropriate evidence of defect. The Customer is responsible for the return of the goods to the Company. Each faulty product must be clearly marked with the defect and clearly associated with the evidence of defect. The issue of a goods returns number is not an agreement to credit.

Returns of unused product requires prior approval.

Guarantee of Product

The Company guarantees its products to be free from defects in material and workmanship. Liability under this warranty is limited to obligation to replace any product found to be defective under normal use and service.

In the event of a product damaging a printer/copier, the Customer must firstly notify the Company and then after Company authorization, obtain a Service Report from a qualified independent service engineer. Should the report prove that the Company’s product has damaged the printer/copier, the Company will reimburse the cost of the Service Report and replace or repair the damaged product as deemed necessary.

IMPORTANT NOTICE

The brands and trademarks owned by original equipment manufacturers (OEMs) which may be referred to on the Company’s literature, brochures, lists, quotations or other documents are referred to only for the purpose of identifying those OEM products that are compatible with those supplied by the Company