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Terms and Conditions

Terms and Conditions

Please carefully read the terms and conditions (“Terms and Conditions") below before placing any order for any of the Goods or Services from www.blueroom.co.ke or www.blueroomonline.com. By placing an order for any of the Goods or Services from these Websites, whereas it is by phone, through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.

Section 1: Blue Room Introduction

We are www.blueroom.co.ke, a brand of Mombasa Blue Room Ltd, unless otherwise stated.

Section 2: Definitions

2.1. “Agreement" references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you;

2.2. By “Privacy Policy" we mean the policy accessible on our Websites which details how we collect and store your personal data;

2.3. “you", “your" and “yours" are references to you, the person accessing these Websites, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Mombasa Blue Room Ltd will also bound you to these Terms and Conditions;

2.4. “we", “us", “our", “Mombasa Blue Room Ltd” and “Blue Room" are references to the Company;

2.5. “Goods" is a reference to any goods which we may offer for sale from our Websites from at a given time;

2.6. “Service" or “Services" is a reference to any service which we may supply and which you may request via our Websites;

2.7. “Seller" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.

2.8. “Food & Drinks Delivery" references perishable goods and any form of delivery service, both provided by us;

2.9. “Websites" is a reference to our Websites www.blueroom.co.ke, www.blueroomonline.com our white label sites & mobile applications or any other platform we will choose to offer our Goods or services.

Section 3: Ordering

3.1. By placing an order through our Websites, you enter into an agreement with Blue Room with respect to the processing of that order and forwarding it to the Participating Seller. If you are paying online, Blue Room is also responsible for any returns or refunds. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

3.2. In case you chose to pay with a debit or credit card you warrant that you are the legal holder of the card and the funds backing it. You should also warrant that you have sufficient funds to make the payment.

3.3. Any Goods and Services or Food & Drinks Delivery which you might buy from these Websites are intended for your use only. Resale of any of such Goods and Services or Food & Drinks Delivery or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should order the Services.

3.4. Please note that some of our Food & Drinks may not be suitable for certain age ranges. Please make sure, by carefully reading product descriptions, that the product or products you order suits the recipient’s age.

3.5. When ordering from these Websites you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.

3.6. Any order that you place in our websites or related platforms is subject to availability, delivery capacity and acceptance by us. Once you place an order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fulfill your order. Once we have sent the confirmation email we will check availability and delivery capacity.

3.7. If we accept the order it, we will confirm by calling you or sending you a text message (SMS).

3.8. The confirmation message will specify delivery details. We do not guarantee delivery time.

3.9. If the Food & Drinks Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Section 4: Prices and Payment

4.1. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

4.2. All prices listed on the Websites are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax (14% VAT and 2% Catering Levy/Tourism Fund) and delivery charges. We also reserve the right to alter the Goods or Services available for sale on the Websites and to stop listing goods or services.

4.3. We give great care to keep prices on our website up to date. In case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.

4.4. All prices listed on the Websites for Goods and Services by Blue Room reflect the price at the time of listing. We give great care to keep them up to date. In the case the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.

4.5. All prices for delivery by Blue Room or a third party provider assigned by Blue Room listed on the Websites are correct at the time of publication, however, we reserve the right to alter these in the future.

4.6. The total price for Food & Drinks Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made on the website, by online payment, e.g. credit or debit card or mobile money.

4.7. You must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

4.8. In some cases, additional packaging and/or delivery charges which are not listed or indicated on the website may apply. If this is the case, we will call you before processing your order to request you to make the additional payment. If you do not agree to the additional charges, we will refund your payment (if you have made payment) in full. If you do agree to the additional charges and make the payment, the other terms and conditions listed in this document will apply.

Section 5: Food and Delivery

5.1. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be sent to the delivery address you stated when placing the order.

5.2. Blue Room will not be held responsible for any untimely delivery. We will, however, make our best effort to deliver in a timely manner.

5.3. all orders will be always delivered by a reputable courier. If the Goods are not delivered within the estimated delivery time quoted by us, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

5.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by Blue Room.

5.5. All risk in the Goods and the Food & Drinks Delivery shall pass to you upon delivery.

5.6. If you fail to accept delivery of Food or Drinks Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

5.7. You must ensure that at the time of delivery of Food or Drinks Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.8. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;

5.11. Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;

5.12. Foods are prepared in environments where dairy and nut products are also used. If you have any allergies or special dietary requirements, please make a note of it in the “notes” section whilst ordering.

5.13. If we are unable to accommodate your dietary requests, we will call you and cancel the order and provide you with a refund of your payment if you have already made payment.

Section 6: Cancellation

6.1. You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If we accept your cancellation, no cancellation fee applies. If we refuse cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled.  Notwithstanding the foregoing, in case you paid for your order online, you should only contact Blue Room with respect to a refund of your payment. You can always contact Blue Room with any complaint or concern you may have with respect to an order for which you paid online.

6.2. We may cancel a order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;

6.3. If the cancellation was made in time and once we have accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.

6.4. In the unlikely event that we deliver a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If we can only do a partial delivery (a few items might be not available), our staff will inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

Section 7: Information

7.1. Where we have requested information from you to provide Food & Drinks Delivery, Goods or Services you agree to provide us with accurate and complete information.

7.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food & Drinks Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food & Drinks Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

7.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

7.4. During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

7.5. Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

7.6. By completing an order or signing up, you agree to:

a) receive emails associated with finalizing your order, which may contain relevant offers from third parties,

b) receive emails asking you to review Blue Room and your purchase

c) receive promotional emails, SMS and push notifications from Blue Room.

d) automatically be enrolled in and participate in Blue Room’s loyalty program – BR Rewards Program. Details and terms and conditions can be found on www.blueroom.co.ke/br-rewards

7.7. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service email address [email protected] However, if you place an order again, each time you place an order, your details will be re-entered and retained into our system again and will require you to request removal again.

Section 8: Linked Sites

There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.

Section 9: Complaints

We take complaints very seriously and place customers at the core of our processes. We aim to respond to your complaints within 5 business days. Please submit any complaints to the following email address: [email protected]

Section 10: Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish in our websites. We cannot warrant that use of the Websites will be error free or fit for purpose. We will make our best to correct such errors in a timely and effective manner. Also, Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Websites and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party websites, or your consumption of any food or beverages from us.

10.3. We disclaim any and all liability to you for the supply of the Food & Drinks Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Websites.

10.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

10.6. If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

10.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Websites or for any products or services purchased from us.

10.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

10.9. In the event Blue Room has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Blue Room may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should their exist an abuse of vouchers or discount codes, Blue Room reserves the right to seek compensation from any and all violators.

10.10.  Offers are subject to Blue Room’s discretion and may be withdrawn at any time and without notice.

Section 11: General

11.1. All prices are in Kenya Shillings.

11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign part or parts of our rights under these T&Cs without your consent or any requirement to notify you.

11.3. We may alter or vary the Terms and Conditions at any time without notice to you.

11.4. Payment must be made either at the time of ordering the Food & Drinks Delivery, Goods or Services from us by credit card or mobile money. Failure to pay on time will result in the cancellation of your order.

11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality;

11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the websites, or scrape or hack the websites.

11.7. The T&Cs together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these T&Cs and any other term or provision on the Websites, these T&Cs shall prevail.

11.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya.

11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

11.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Kenya Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Kenya Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

11.12. Accessibility of Website: Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

www.blueroom.co.ke and www.blueroomonline.com are owned by Mombasa Blue Room Ltd. In case of problems or questions with online payments please call 0721-786868

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