Terms and conditions

By accessing the OrderMania website, creating an account, placing an order, making a purchase or otherwise using our services, you agree to be bound by these Terms & Conditions.

Please read them carefully before placing an order.

These Terms & Conditions are governed by the laws of the Republic of Kenya.

1. ABOUT ORDERMANIA

OrderMania is an online retail business providing customers with access to a range of consumer products through its online platform and other authorised sales channels.

Our website is:

ordermania.co.ke

In these Terms:

"OrderMania", "we", "us" or "our" means OrderMania.
"Customer", "you" or "your" means the person accessing our services or purchasing a product from us.
"Website" means the OrderMania website and associated online services.
"Product" means any product offered for sale by OrderMania.
"Order" means a request made by a customer to purchase one or more products.
"Delivery Partner" means a courier, rider, logistics provider or other third party engaged to deliver products.
"Business Day" means a day other than a Saturday, Sunday or public holiday in Kenya, unless otherwise stated.
2. ACCEPTANCE OF THESE TERMS

By using OrderMania or placing an order, you confirm that:

You have read and understood these Terms.
You agree to comply with them.
The information you provide to OrderMania is accurate to the best of your knowledge.
You have the legal capacity to enter into a transaction under applicable Kenyan law.

If you do not agree with these Terms, you should not use the OrderMania website or place an order.

3. ELIGIBILITY TO PURCHASE

You must have legal capacity to enter into a purchase contract.

Where a person below the age of majority attempts to purchase a product, the transaction should be made with the involvement and responsibility of an appropriate parent or legal guardian where required by law.

OrderMania reserves the right to refuse or cancel an order where there is reasonable evidence that a person does not have legal capacity to enter into the transaction.

4. ABOUT OUR PRODUCTS

OrderMania sells a wide variety of consumer products.

Product information may include:

Product name.
Images.
Description.
Price.
Size.
Colour.
Specifications.
Available quantity.
Warranty information.
Delivery information.

We make reasonable efforts to ensure that product information is accurate.

However:

Product images may differ slightly from the physical product because of lighting, photography or screen settings.
Packaging may change.
Manufacturers may make minor changes to product appearance or packaging.
Product specifications may change where manufacturers update a model.
Availability may change without notice.

Where a product's characteristics are material to the purchase, OrderMania will make reasonable efforts to provide accurate information.

5. PRODUCT AVAILABILITY

Products displayed on the website are subject to availability.

Adding a product to a cart does not guarantee that the product will remain available until checkout.

If a product becomes unavailable after an order is placed, OrderMania may:

Offer an equivalent alternative.
Offer another available option.
Cancel the affected order.
Refund any amount paid for the unavailable product.

Where an alternative product is offered, the customer is not required to accept it.

6. PRODUCT IMAGES

Product images are provided primarily for identification and illustration.

Actual colours may appear different depending on:

Device screen settings.
Lighting.
Photography.
Manufacturing variations.

Where a particular colour, design or model is specifically selected by the customer, OrderMania will make reasonable efforts to supply the selected option.

7. PRICES

All prices displayed by OrderMania are in Kenyan Shillings (KES) unless expressly stated otherwise.

Prices may change from time to time.

A price change will not affect an order that has already been validly accepted and confirmed, except where:

There was an obvious pricing error.
The transaction was fraudulent.
The law permits cancellation or adjustment.
The customer agrees to a change.

Where a genuine pricing error is discovered before fulfilment, OrderMania may contact the customer and offer the option to proceed at the correct price or cancel the affected order.

8. PRICING ERRORS

OrderMania takes reasonable care when displaying prices.

However, technical or human errors may occasionally occur.

Examples include:

A product displayed at KES 100 instead of KES 10,000.
A missing zero.
An incorrect promotional discount.
A system-generated pricing error.

Where an obvious pricing error occurs, OrderMania will not be required to fulfil an order at the erroneous price where doing so would be contrary to applicable law or the circumstances indicate that the error was obvious.

If payment has already been made, OrderMania will communicate with the customer and provide the appropriate lawful remedy, including a refund where applicable.

9. PROMOTIONS AND DISCOUNTS

OrderMania may offer:

Discounts.
Coupons.
Flash sales.
Free gifts.
Bundle offers.
Free delivery promotions.
Limited-time offers.
Other promotional campaigns.

Unless expressly stated otherwise:

Promotions are subject to availability.
Promotions may have specific eligibility requirements.
Promotions cannot be combined unless expressly permitted.
A promotion may end when the stated period expires or available promotional stock is exhausted.

OrderMania reserves the right to withdraw or modify a promotion where there is a genuine technical, pricing, security or operational error, subject to applicable law.

10. FREE GIFTS

Where a promotion includes a free gift:

The gift is subject to availability.
The gift may vary from the promotional image where reasonably disclosed.
The gift may be limited to one per qualifying order.
The gift may be subject to minimum purchase requirements.

Where an order is returned or cancelled and the qualifying conditions for the free gift are no longer met, OrderMania may require the gift to be returned or account for its value where legally permissible.

11. PLACING AN ORDER

An order may be placed through:

The OrderMania website.
WhatsApp.
Telephone.
Social media where OrderMania expressly accepts orders through that channel.
Other authorised OrderMania sales channels.

You must provide accurate information when placing an order.

This may include:

Name.
Telephone number.
Email address where applicable.
Delivery location.
Product selection.
Quantity.
Payment information where required.
12. ORDER CONFIRMATION

When you place an order, OrderMania may send an acknowledgement confirming that your order request has been received.

Receipt of an order acknowledgement does not necessarily mean that the order has been accepted.

An order becomes accepted when OrderMania confirms the order for fulfilment, dispatches the product, or otherwise communicates acceptance in a manner that establishes the transaction.

OrderMania may reject or cancel an order before acceptance where permitted by law.

13. ORDERMANIA'S RIGHT TO CANCEL AN ORDER

OrderMania may cancel an order before fulfilment where reasonably necessary, including where:

The product is unavailable.
There is an obvious pricing error.
Payment cannot be verified.
Fraud is suspected.
The customer has provided materially incorrect information.
Delivery cannot reasonably be completed.
The product was incorrectly listed.
A technical error materially affected the order.
The transaction would breach applicable law.
Another legitimate operational or legal reason exists.

Where payment has already been received and OrderMania cancels the order, the customer will be entitled to the applicable refund, subject to lawful deductions where applicable.

14. CUSTOMER CANCELLATION

A customer may request cancellation of an order before dispatch.

Whether cancellation is possible may depend on the stage of fulfilment.

Once an order has been dispatched, the customer may need to use the applicable returns or cancellation procedure.

Nothing in this clause limits any cancellation right granted to a customer under Kenyan law.

15. PAYMENT

OrderMania may accept payment through approved payment methods including:

M-Pesa.
Mobile-money services.
Card payments.
Bank or electronic payment methods.
Cash on Delivery where offered.
Other payment methods expressly made available by OrderMania.

Payment must be made through the official payment instructions provided by OrderMania.

16. M-PESA PAYMENTS

Where M-Pesa is used:

The customer must follow the official payment instructions.
Payment confirmation may be required before fulfilment.
OrderMania may verify the transaction.
The customer remains responsible for ensuring that payment information is entered correctly.

OrderMania will never require a customer to disclose an M-Pesa PIN.

Customers should not send payment to an unofficial number or individual claiming to represent OrderMania.

17. CASH ON DELIVERY

Cash on Delivery may be available for selected:

Locations.
Products.
Order values.
Customers.
Delivery services.

OrderMania may limit or suspend Cash on Delivery for legitimate operational, security or fraud-prevention reasons.

The amount payable at delivery will be the amount confirmed for the order.

18. PAYMENT CONFIRMATION

An order will not necessarily be processed until payment has been successfully confirmed where prepayment is required.

A screenshot or customer-generated payment message does not by itself constitute proof of payment if OrderMania's payment system does not confirm the transaction.

19. FRAUDULENT PAYMENTS

OrderMania may investigate transactions that appear fraudulent, suspicious or unauthorised.

Where fraud is reasonably suspected, OrderMania may:

Suspend fulfilment.
Cancel the order.
Request verification.
Restrict an account.
Report the matter to the relevant authorities where appropriate.
20. DELIVERY

OrderMania delivers products through its own logistics arrangements and/or authorised third-party delivery providers.

Delivery availability, charges and estimated delivery periods vary depending on:

Location.
Parcel size.
Weight.
Product type.
Courier availability.
Delivery method.
Order value.
Other operational considerations.

Full details are contained in the OrderMania Shipping & Delivery Policy.

21. DELIVERY ESTIMATES

Delivery times provided by OrderMania are estimates unless a specific delivery commitment has expressly been agreed.

Delivery may be affected by:

Traffic.
Weather.
Public holidays.
Courier capacity.
Road conditions.
Supplier delays.
Security conditions.
Incorrect customer information.
Events outside OrderMania's reasonable control.

OrderMania will make reasonable efforts to communicate material delays.

22. CUSTOMER DELIVERY RESPONSIBILITIES

Customers are responsible for providing:

Correct telephone numbers.
Accurate delivery addresses.
Useful landmarks or directions where necessary.
Reasonable availability to receive orders.

Where a failed delivery results from inaccurate customer information or repeated failure to receive an order, reasonable re-delivery charges may apply where legally permitted.

23. DELIVERY TO THIRD PARTIES

A customer may request delivery to another person where the arrangement is reasonably identifiable.

The customer remains responsible for ensuring that the nominated recipient can receive the order.

Once properly delivered to an authorised recipient, the order may be treated as delivered.

24. INSPECTION OF PRODUCTS

Customers should inspect products within a reasonable period after delivery.

Where practical, customers should report:

Damage.
Missing items.
Wrong products.
Material discrepancies.

Customers retain their applicable statutory rights concerning defective or non-conforming goods.

25. RETURNS, REFUNDS AND EXCHANGES

Returns, refunds and exchanges are governed by the OrderMania Returns, Refunds & Exchanges Policy.

That policy forms part of these Terms & Conditions.

Nothing in the Returns Policy or these Terms is intended to remove mandatory rights available to consumers under Kenyan law.

26. DEFECTIVE PRODUCTS

Where a product is defective, OrderMania will assess the issue and provide the appropriate remedy in accordance with:

The nature of the defect.
The applicable warranty.
The product's condition.
The transaction.
Applicable Kenyan law.

Possible remedies may include:

Repair.
Replacement.
Exchange.
Refund.
Other lawful remedy.
27. WARRANTIES

Some products may be covered by:

Manufacturer warranty.
Supplier warranty.
OrderMania warranty.
Statutory consumer protections.

The applicable warranty period and conditions will be communicated where relevant.

A warranty does not generally cover damage caused by misuse, unauthorised modification, accidental damage or other circumstances excluded by the applicable warranty, subject always to mandatory legal rights.

28. CONSUMER RIGHTS

OrderMania recognises and respects consumer rights provided under Kenyan law.

These include applicable rights relating to:

Quality.
Safety.
Accurate information.
Fair treatment.
Remedies for defective or non-conforming goods.
Cancellation where legally available.
Protection from unfair business practices.

The Consumer Protection Act, 2012 prohibits certain unfair practices and provides remedies for consumers in specified circumstances. (new.kenyalaw.org)

Nothing in these Terms is intended to waive a right that cannot lawfully be waived.

29. ELECTRONIC CONTRACTING

OrderMania may enter into contracts with customers electronically.

Electronic records, communications, order confirmations and other electronic communications may form part of the contractual record.

The Kenya Information and Communications Act provides a legal framework recognising electronic records, electronic communications and electronic transactions. (new.kenyalaw.org)

30. ELECTRONIC COMMUNICATIONS

By using OrderMania's services, you agree that we may communicate with you electronically for purposes including:

Order confirmation.
Payment.
Delivery.
Customer support.
Returns.
Refunds.
Warranty.
Account security.
Important service notices.

Marketing communications will be handled in accordance with applicable law and the OrderMania Privacy Policy.

31. WHATSAPP COMMUNICATION

OrderMania may use WhatsApp as a customer communication channel.

Where you contact OrderMania through WhatsApp:

Your messages may contain personal information.
Order information may be processed through the relevant communication infrastructure.
Customer support records may be retained for legitimate business and legal purposes.

WhatsApp is a third-party communication service and may process information according to its own terms and privacy practices.

Further information is provided in the OrderMania Privacy Policy.

32. CUSTOMER ACCOUNTS

Where OrderMania allows customers to create accounts, customers are responsible for:

Providing accurate information.
Keeping login credentials confidential.
Reporting suspected unauthorised access.
Updating inaccurate account information.

Customers should not share passwords or authentication credentials.

33. SUSPENSION OF ACCOUNTS

OrderMania may suspend or restrict an account where reasonably necessary to:

Prevent fraud.
Investigate abuse.
Protect other customers.
Protect OrderMania systems.
Enforce these Terms.
Comply with law.

Where appropriate, OrderMania will provide the customer with an explanation.

34. PROHIBITED CONDUCT

Customers must not use OrderMania to:

Commit fraud.
Impersonate another person.
Submit false information.
Manipulate promotions.
Abuse refund systems.
Attempt unauthorised access to OrderMania systems.
Introduce malicious software.
Interfere with website operations.
Scrape or copy website content unlawfully.
Use OrderMania for an unlawful purpose.
Engage in conduct that causes unreasonable harm to OrderMania, its customers or service providers.
35. WEBSITE CONTENT

Unless otherwise stated, OrderMania owns or has permission to use the website's:

Text.
Product descriptions.
Graphics.
Logos.
Images.
Layout.
Branding.
Software.
Other content.

You may use the website for ordinary personal or legitimate commercial purchasing purposes.

You may not reproduce, redistribute, modify or commercially exploit OrderMania's proprietary content without permission.

36. CUSTOMER REVIEWS AND CONTENT

Where customers submit:

Reviews.
Comments.
Photographs.
Videos.
Feedback.
Testimonials.

the customer confirms that the submission is lawful and does not infringe another person's rights.

OrderMania may moderate, remove or refuse content that:

Is unlawful.
Is fraudulent.
Is defamatory.
Contains personal information belonging to another person without permission.
Is abusive.
Is misleading.
Contains malicious material.
Violates these Terms.

Where a customer voluntarily submits content for publication, the customer grants OrderMania a non-exclusive permission to use that content for legitimate OrderMania business purposes, subject to applicable law.

37. INTELLECTUAL PROPERTY

The OrderMania name, logo, branding, website design and associated intellectual property may be protected by applicable Kenyan law.

Nothing in these Terms transfers ownership of OrderMania intellectual property to a customer.

38. THIRD-PARTY SERVICES

OrderMania may rely on third-party services including:

M-Pesa and other payment providers.
WhatsApp.
Google services.
Meta services.
Hosting providers.
Courier platforms.
CRM systems.
Chatbot systems.
Analytics providers.
Other technology providers.

These third parties may have their own terms and privacy policies.

OrderMania will remain responsible for its obligations under applicable Kenyan law concerning personal data processed on its behalf or under its control.

39. DATA PROTECTION

OrderMania processes personal data in accordance with applicable Kenyan data protection law.

This includes the:

Constitution of Kenya, 2010.
Data Protection Act, 2019.
Data Protection (General) Regulations, 2021.
Other applicable data protection regulations and requirements.

Details concerning collection, use, storage, sharing, retention and customer rights are contained in the OrderMania Privacy Policy.

The Privacy Policy forms part of these Terms & Conditions.

40. THIRD-PARTY LINKS

The OrderMania website may contain links to third-party websites or services.

OrderMania is not responsible for the content, security or privacy practices of third-party websites that it does not control.

Customers should review the relevant third party's terms and privacy information.

41. PRODUCT SAFETY

Customers must use products according to their intended purpose and applicable instructions.

Where instructions, warnings or safety information are provided with a product, customers should read and follow them.

Customers should not modify electrical, mechanical or other products in ways that could create safety risks.

Where a product is subject to a safety recall or material safety notice, OrderMania may contact affected customers where appropriate.

42. ELECTRICAL PRODUCTS

Electrical products should be connected and used according to their stated specifications.

Where a product requires professional installation, the customer should use an appropriately qualified person.

OrderMania is not responsible for damage caused by:

Incorrect installation.
Incorrect voltage.
Unauthorised modification.
Improper use.
Failure to follow safety instructions.

This clause does not exclude any liability that cannot legally be excluded.

43. LIMITATION OF LIABILITY

To the maximum extent permitted by Kenyan law, OrderMania will not be liable for losses that are:

Not reasonably foreseeable.
Indirect.
Incidental.
Consequential.
Caused by circumstances outside OrderMania's reasonable control.

However, nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by Kenyan law.

In particular, nothing in these Terms is intended to exclude liability for:

Fraud.
Fraudulent misrepresentation.
Death or personal injury caused by negligence where liability cannot legally be excluded.
Breach of mandatory consumer protections.
Other liability that Kenyan law does not permit a business to exclude.
44. EVENTS BEYOND OUR CONTROL

OrderMania will not be responsible for failure or delay caused by circumstances beyond its reasonable control.

Examples include:

Natural disasters.
Flooding.
Severe weather.
Fire.
Major infrastructure failure.
Government restrictions.
Civil unrest.
War.
National emergencies.
Major telecommunications outages.
Widespread payment-system failures.
Significant courier-network disruptions.

OrderMania will make reasonable efforts to resume affected services as soon as reasonably possible.

45. NO UNLAWFUL WAIVER OF RIGHTS

Nothing in these Terms:

Removes statutory consumer rights.
Removes data-protection rights.
Prevents a customer from exercising a lawful right.
Prevents a customer from making a lawful complaint.
Prevents a customer from approaching a competent Kenyan authority or court.

Where a clause is found to be inconsistent with a mandatory provision of Kenyan law, the mandatory legal provision will prevail.

46. COMPLAINTS AND DISPUTE RESOLUTION

OrderMania encourages customers to contact us first so that complaints can be resolved quickly.

A complaint should include:

Customer name.
Order number.
Contact details.
Description of the issue.
Relevant supporting information.

OrderMania will investigate the complaint and communicate the appropriate resolution.

47. ESCALATION OF DISPUTES

Where a dispute cannot be resolved through customer support, the parties should first attempt to resolve the matter through good-faith communication.

Nothing in this section prevents a customer from exercising a statutory right to complain to a competent regulatory authority or seek a legal remedy.

48. GOVERNING LAW

These Terms & Conditions are governed by and interpreted in accordance with the laws of the Republic of Kenya.

Kenyan law applies to transactions between OrderMania and its customers, subject to any mandatory legal rights that may apply.

49. JURISDICTION

Subject to any mandatory statutory rights or jurisdictional rules, disputes arising from these Terms or an OrderMania transaction may be submitted to the competent courts or legally established dispute-resolution bodies in Kenya.

Nothing in this clause prevents a consumer from exercising a right to approach a competent court, tribunal or regulatory authority where Kenyan law gives that consumer such a right.

50. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or disregarded only to the extent necessary.

The remaining provisions will continue to apply.

51. NO WAIVER

If OrderMania does not immediately enforce a provision of these Terms, that does not mean that OrderMania has permanently waived its right to enforce that provision later.

52. ASSIGNMENT

OrderMania may transfer or assign its rights and obligations under these Terms as part of:

A business restructuring.
Sale of the business.
Merger.
Acquisition.
Transfer of relevant business assets.

Any such transfer will remain subject to applicable Kenyan law and customer rights.

Customers may not transfer their contractual rights or obligations without OrderMania's prior consent where such consent is legally required.

53. CHANGES TO THESE TERMS

OrderMania may update these Terms from time to time.

Changes may be made because of:

Changes in the law.
Changes in our business.
New products or services.
Changes in payment methods.
Changes in delivery arrangements.
Changes in technology.
Changes in security requirements.

The latest version will be published on the OrderMania website.

Changes will not retrospectively alter rights or obligations that have already accrued under a completed transaction unless permitted or required by law.

54. ENTIRE AGREEMENT

These Terms, together with the policies expressly incorporated into them and the specific terms of an accepted order, form the agreement between OrderMania and the customer concerning the relevant transaction.

Where there is a conflict:

Mandatory Kenyan law prevails.
The specific terms expressly agreed for the particular order prevail over general website information.
These Terms apply to matters not specifically addressed by the order.
The applicable OrderMania policies provide additional operational detail.
55. ORDER RECORDS

OrderMania may retain records relating to transactions, including:

Orders.
Payment confirmations.
Customer communications.
Delivery records.
Returns.
Refunds.
Complaints.
Warranty claims.

These records may be used to:

Fulfil transactions.
Provide customer service.
Resolve disputes.
Meet legal obligations.
Prevent fraud.
Maintain business records.

Such information will be handled in accordance with the OrderMania Privacy Policy and applicable law.

56. CUSTOMER NOTICES

OrderMania may provide notices through:

Website notices.
Email.
SMS.
WhatsApp.
Telephone.
Customer account notifications.
Other authorised communication channels.

Customers should keep their contact information accurate.

57. CONTACT INFORMATION

For questions, complaints or contractual matters, contact:

ORDERMANIA

Website: ordermania.co.ke

Email: info@ordermania.co.ke

Customer Support: 0141894824

WhatsApp: 0141894824
LOCATION: Geencourt business center, F15, latema road, Nairobi