Thank you for shopping at Happy Solar Systems
If, for any reason, You are not completely satisfied with a purchase We invite You to review our policy on refunds and returns.
The following terms are applicable for any products that You purchased with Us.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Return and Refund Policy:
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Happy Solar Systems, Kiambu Road.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Service refers to the Website.
- Website refers to Happy Solar Systems, accessible from www.happysolar.co.ke
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Your Order Cancellation Rights
You are entitled to cancel Your Order within 7 days without giving any reason for doing so.
The deadline for cancelling an Order is 7 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
- By email: infp@happysolar.co.ke
- By phone number: 0741 163020
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
Risk
Risk in the Goods shall pass to the Customer upon receipt of the Goods, being the time that the Goods arrive at the place of delivery, even if the Customer does not expressly accept the delivery. Where the Customer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title
- Title in the Goods shall not pass to the Customer until Happy Solar Systems has been paid in full for the Goods.
- The Customer acknowledges that it is in possession of the Goods sold by Happy Solar Systems solely as bailee for Happy Solar Systems until such time that all payments (including any interest accruing and other charges) due by the Customer to Happy Solar Systems relating to the sale and purchase of the Goods are settled in full. The Customer’s right to possession of the Goods shall cease if Happy Solar Systems does not receive payment in full within the stipulated time period of all amounts due and owing by the Customer.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Kenya and the parties hereby submit to the exclusive jurisdiction of the Kenyan courts.
General
- Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms shall be deemed to construe either of the parties as to the agent of the other.
- Unless expressly agreed otherwise in writing, these terms and conditions (the Terms) shall apply to any Agreement to the exclusion of any standard terms and conditions specified by the Customer or implied by law, trade custom, practice or course of dealing.
- Acceptance of the Goods or Services by or on behalf of the Customer shall be deemed to be full and unconditional acceptance of these Terms.
- Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Happy Solar Systems. Happy Solar Systems reserves the right to amend the Terms herein by issuing a notice to the Customer.
- If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
- The contract between the Customer and Happy Solar Systems for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Customer, without the prior written consent of Happy Solar Systems. Happy Solar Systems may assign or transfer any of its obligations under these Terms by issuing notice to the Customer.
- The failure by either party to enforce at any time or for any period any one or more of the Terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms hereunder.
- Each party shall be responsible for their own compliance with the relevant data protection laws including the Data Protection Act, 2019 and all corresponding Regulations under it, any other applicable data protection laws, as well as Happy Solar Systems’ Privacy Policy.
Return of Unused Goods
- All goods are sold on a firm sale basis, i.e. Happy Solar Systems will not take back any Goods not required or sold to the Customer, unless otherwise agreed, in which case the following Terms apply.
- Happy Solar Systems may decide to issue a refund or provide a credit of the same amount to the Customer upon the return of Goods at their own discretion.
- Any returns must be inspected and approved by an authorised representative of Happy Solar Systems before any credit will be given.
- Where Happy Solar Systems agrees to accept the return of goods that are not damaged, the Customer will be responsible for any costs involved in delivering the goods to Happy Solar Systems and will ensure that they are carefully packaged to avoid any damage in transit. Happy Solar Systems will not be obliged to accept any goods that are damaged in any way.
- Happy Solar Systems will not accept goods which have been damaged or tampered with or products which are health-related.
- Happy Solar Systems will not accept returns of goods which have been held by the Customer for more than 6 months even if the goods are in good condition.
Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
- The Goods were purchased in the last 7 days
- The Goods are in the original packaging
The following Goods cannot be returned:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.
Only regular-priced Goods may be refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may not apply to You if it is not permitted by applicable law.
Warranties
The Customer warrants to Happy Solar Systems that:
- the Customer has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
- the Customer will comply with all applicable legal and regulatory requirements necessary for the fulfilment of its obligations under this Agreement; and
- all information provided by the Customer upon registration of an account or otherwise required for the purchase of Goods under this Agreement is true and accurate.
While Happy Solar Systems will ensure the security of its website, the Customer acknowledges that such software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, Happy Solar Systems gives no warranty or representation that the website will be entirely secure.
Limitation of Liability
Happy Solar Systems shall also not be liable for any loss or damage suffered by the Customer more than the contract price.
Prices and Payments
- The price shall be Happy Solar Systems quoted price or the price as listed in Happy Solar Systems published price list as of the date of acceptance of an order unless otherwise agreed between Happy Solar Systems and the Customer. All quotations given by Happy Solar Systems are valid for thirty (30) days only from the date they are issued, after which time the quotation shall automatically expire.
- All quotations shall be subject to the availability of the Goods and the Customer acknowledges that the price quoted or listed at Happy Solar Systems published price list may vary at any time before the acceptance of an order. All quotations shall be issued in Kenya Shillings currency unless agreed with the Customer.
- Happy Solar Systems reserves the right to reject an order from a Customer at its own discretion without having to give a reason to the Customer.
- The price is inclusive of VAT or any other applicable tax or duty, or government levies payable or other applicable costs unless quoted separately.
- The purchase price shall not include special packaging, branding that the customer might require, insurance or any other incidental cost.
- Happy Solar Systems may offer credit terms subject to satisfactory credit vetting of the Customer. The offer of credit will be at the sole discretion of Happy Solar Systems and may be amended at any time based on mutual business performance.
- The payment of the price and any other applicable costs and taxes shall be due within the agreed terms from the invoice/statement date, without any discount and/or setoff. Happy Solar Systems reserves the right to set off any amount owed to the Customer.
- If payment of the price or any part thereof is not made by the due date, Happy Solar Systems shall be entitled to; charge interest on overdue invoices at a rate of five(5) per cent per month from the date when payment becomes due until the date of payment, require payment in advance of delivery in relation to any Goods not previously delivered, and refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Customer for non-delivery or any delay in delivery.
- The Customer shall fully pay to Happy Solar Systems all costs incurred because of the Customer’s failure to fulfil its obligations under the Agreement in full and/or on time, including interest charge, bank charge, collection costs and legal fees.
Delivery
- Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Customer on, or as close as possible to the date required by the Customer. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- If Happy Solar Systems is unable to deliver the Goods because of actions or circumstances under the control of the Customer, then Happy Solar Systems shall be entitled to place the Goods in storage until such times as delivery may be affected and the Customer shall be liable for any expense associated with such storage.
- Unless otherwise expressly agreed, the delivery period specified will not be a final deadline and Happy Solar Systems shall not be liable to the Customer for default of this agreement by the mere fact that Happy Solar Systems exceeds the agreed delivery period.
- Any damages, shortages, over deliveries and duplicated orders, should be reported to Happy Solar Systems within 48 hours of signed receipt to enable replacement, refund or alternative solutions.
- Where the Customer would like to collect an order made, they would be required to show proof of identity through their National ID card or passport. In the event the Customer would like to have someone else collect an order on their behalf, the Customer will provide proof of consent as well as a copy of their ID for purposes of identification.
- If the installation is required, Happy Solar Systems shall arrange to have this sorted out by confirming a convenient date and time for installation.
- The Customer may be liable to pay additional charges on delivery from time to time based on the location of delivery as directed by the Customer.