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Our Terms & Conditions

The following terms and conditions govern all use of the babymama.co.ke website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Ruchir Holdings Ltd ("Babymama"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Baby Mama’s Privacy Policy) and procedures that may be published from time to time on this Site by Baby Mama (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Baby Mama, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

1.The Estimated delivery date from the time and date of purchase are as follows:-

  • 1-3 Working days: Within Nairobi
  • 1-3Working days: Outside Nairobi
  • 1-5Working days: Outside Kenya (Within East Africa region)

 ** Working days (Monday – Friday 8am to 5pm, excluding Public Holidays)**

Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Baby Mama of all information & payment to be furnished by the Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Supplier’s reasonable control.
Babymama shall in good faith endeavor to meet estimated delivery dates. Babymama reserves the right to withhold delivery of the Product if, for any reason, Buyer fails to pay to Supplier any portion of the purchase price for the Product(s) in the amount(s) and at the time(s) specified in the Contract.
Babymama shall not be responsible for claims for error in quantity, weight or number not made within ten (10) days after Buyer’s receipt of Product.

2. How to Cancel an Order:

Call our Customer Care Hotlines [+254(0)700 325089; +254(0)770 155138] within 24 Hours of making a purchase. Be ready to provide the following information. This is for verification purposes only.

  • Your Full Name
  • Your Order Number
  • Amount of Purchase & Product Description.
  • Payment method used to pay. (M-PESA, VISA, MASTERCARD etc)

All payments are non-refundable unless:-

a) Delivery is delayed by more than 12 days than the Estimated time of arrival of your purchase *(ETA) and buyer does not wish to wait any longer.

b) The product is not functional/spoilt at the time of delivery.

c) The Buyer informs Babymama of an order cancellation within TWENTY FOUR (24) hours of making payment.  (See cancelling an order above)

* The Estimated delivery time (ETA) for your purchase will be sent to you as soon as we receive your full payment.

We cannot be able to process any cash refunds requested after the 24 hour window expires. The buyer will be given a similar credit amount to purchase other items from Babymama with the same value. Your statutory rights are not affected.

3. Getting back Your Refund.

1.  Refund will be made to customers who cancel their purchase within TWENTY FOUR HOURS (24) of making the payment. Please note that this timeline strictly applies.

A 2% processing fee will be deducted to cater for the costs of wiring payment back to you. Refunds will be made through the following methods:-

  • PesaPal transfer to customer’s account
  • Cheque payable in Customer’s Full Name
  • M-PESA Money transfer

4. Returns

BabyMama has a NO RETURNS, NO REFUNDS policy.

Exceptions.

a) The product is not functional/spoilt at the time of delivery.

b) The product is fundamentally different from the one shown on the pictures in this website. (This excludes colour).

Please note: Sometimes colours may differ slightly from the products shown in the pictures.

 

5. Your babymama.co.ke Account and Site.

If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Babymama may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Baby Mama Liability. You must immediately notify Babymama of any unauthorized uses of your blog, your account or any other breaches of security. Babymama will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

6.Disclaimer of Warranties.

The Website is provided "as is". Babymama and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Babymama nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

7.Limitation of Liability.

In no event will Babymama, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smart Baby under this agreement during the one (1) month period prior to the cause of action. Smart Baby shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

8. General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Babymama Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

9.Indemnification.

You agree to indemnify and hold harmless Babymama, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

10. Termination.

Babymama may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your babymama.co.ke account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Babymama if you materially breach this Agreement and fail to cure such breach within thirty(30) days from Babymama’s notice to you thereof; provided that, Babymama can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Changes.

Babymama reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Babymama may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.