Terms of Service

Welcome to Avenue Fashion, a platform operated and powered by Nyota Imara ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Avenue Fashion website (avenuefashion.co.ke), our native mobile applications, and all associated products, content, and services (collectively, the "Platform").

Please read these Terms carefully. By registering for an account, browsing the catalog, or making a purchase, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the Platform or use our services.

1. Account Registration and Nyota ID

To complete a purchase or save shipping details on Avenue Fashion, you are required to authenticate using our centralized identity provider, Nyota ID.

• Auto-Provisioning: Upon your first successful authentication via Nyota ID, a customer profile is automatically provisioned for you in our systems.
• Account Security: You are responsible for safeguarding your login credentials and any devices associated with your account. You agree to notify us immediately of any unauthorized access to your account.
• Accuracy of Information: You represent and warrant that all information you provide, including your email, phone number, and delivery addresses, is accurate, current, and complete. We reserve the right to suspend or terminate accounts containing fraudulent or misleading information.

2. Products, Pricing, and Availability

• Product Descriptions: We make every effort to display the colors, sizes, and features of our products as accurately as possible. However, the actual colors you see will depend on your device's display, and we cannot guarantee that your device will accurately reflect the true color of the item.
• Inventory Constraints: All orders are subject to product availability. Placing an item in your shopping cart does not reserve the inventory. We reserve the right to cancel an order if a product is out of stock or if there was a pricing error in our catalog.
• Pricing: All prices are displayed in Kenyan Shillings (KES) and include applicable taxes unless otherwise noted. We reserve the right to modify prices at any time without prior notice. Price changes will not affect orders that have already been confirmed and paid for.

3. Payments and M-Pesa Transactions

• M-Pesa STK Push: We facilitate secure, instant payments via Safaricom M-Pesa, processed through our gateway partner, PayHero. By initiating a checkout, you authorize us to send an STK push prompt to your designated phone number.
• Transaction Finality: An order is only deemed "Confirmed" once our backend systems receive a successful webhook receipt from the payment provider. We are not liable for delayed, timed-out, or failed transactions caused by insufficient funds, network outages, or Safaricom downtime.
• Refunds and Disputes: In the event of a duplicated charge or a valid refund request, resolutions are handled strictly via the original M-Pesa transaction reference code stored on your order receipt. Please refer to our Returns & Refunds Policy for detailed eligibility criteria.

4. Shipping and Delivery

• Delivery Zones: Avenue Fashion delivers nationwide across Kenya. Delivery fees are dynamically calculated at checkout based on the specific County and Region selected in your shipping profile.
• Dispatch and Timelines: We strive to dispatch all confirmed orders within 24 to 48 hours. However, delivery timelines are estimates and are not guaranteed. We are not liable for delays caused by severe weather, traffic disruptions, or third-party courier logistical failures.
• Transfer of Risk: The risk of loss and title for items purchased from Avenue Fashion pass to you upon our delivery of the items to the carrier. If a package arrives damaged, you must notify our Support team within 24 hours of receipt.

5. Prohibited Conduct

By using the Platform, you agree not to:

• Attempt to bypass, breach, or disable any security mechanisms, Row Level Security (RLS) rules, or payment gateways.
• Use the Platform to conduct any fraudulent activities, including utilizing stolen M-Pesa lines or exploiting promotional discounts.
• Scrape, extract, or mine product data, pricing, or images from the Platform using automated bots or scripts without our express written consent.
• Upload or transmit viruses, malware, or any other malicious code.

We reserve the right to terminate your access to the Platform, without notice, for conduct that we believe violates these Terms or is harmful to other users, our business interests, or third parties.

6. Intellectual Property

All content included on the Platform—such as text, graphics, logos, button icons, images, editorial lookbooks, audio clips, and software—is the property of Avenue Fashion, Nyota Imara, or its content suppliers and is protected by Kenyan and international copyright, trademark, and intellectual property laws. You may not reproduce, duplicate, copy, sell, or commercially exploit any portion of the Platform without express written permission from us.

7. Disclaimer of Warranties and Limitation of Liability

The Platform and all information, content, materials, and products included on or otherwise made available to you through it are provided on an "as is" and "as available" basis.

To the full extent permissible by law, Avenue Fashion makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on it.

In no event shall Avenue Fashion, Nyota Imara, its directors, employees, or logistics partners be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Platform or the purchase of any products.

8. Dispute Resolution and Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, or validity thereof, shall be resolved through good-faith negotiation. If a resolution cannot be reached within thirty (30) days, the dispute shall be subject to the exclusive jurisdiction of the courts located in Nairobi, Kenya.

9. Modifications to the Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website or mobile app. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

10. Contact Information

Questions about the Terms of Service should be sent to us via our official support channels:

Avenue Fashion / Nyota ImaraEmail: legal@avenuefashion.co.ke

Support Desk: avenuefashion.co.ke/support