1. Our Products

• a. By shopping on this website, you acknowledge that some of the products displayed may originate from third-party suppliers, including Outgrowers, Partners, and Agents.
• b. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the products accurately (including the colours), we cannot guarantee that the images fully reflect the products. Therefore, your received product may vary slightly from those images.
• c. The packaging of the product may vary from that shown in images on our website.
• d. If we are making the product to measurements you have provided, you are responsible for ensuring that the measurements are correct. ICF shall not accept any liability where the provided measurements are inaccurate.
• e. Product availability may vary based on factors such as seasonality, market and supply chain dynamics, or other unforeseen events.

2. Product and Service Information

• a. ICF makes every reasonably possible effort to provide accurate information about our products and services.
• b. The actual products and services may differ from the images and descriptions provided on the website, due to seasonal changes or other unforeseen factors that may arise from time to time.

3. Order and Delivery

• a. You shall order and pay for the products using the guidelines specified on our website.
• b. You will receive a confirmation email or other notification once your order is confirmed.
• c. When a product shipping option is available, delivery charges will be calculated and clearly shown on our website during your purchase process.
• d. During the order process, we will let you know when we will provide the products to you, for shipping, delivery, or pickup.
• e. If the product is a service, the commencement of the service will align with the date specified in your order, as long as payment terms and service delivery timing still apply.
• f. We shall not be liable for delays that are beyond our control. Should there be a delay in the delivery of your products due to the supplier, courier, or unforeseen circumstances, we will promptly inform you and make every effort to reduce the impact of the delay.
• g. In the event that there is no one present at your specified address, or any alternate address provided by you, to receive the delivery, we will notify you of how to rearrange for delivery.
• h. In the event of a failed delivery attempt to you, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection, we reserve the right to terminate the order contract in accordance with clause 10 below.
• i. If you prevent us from accessing your property to deliver the products or otherwise perform the services as arranged (without a valid reason), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we reserve the right to terminate the contract in accordance with clause 8 below.
• j. We may need certain information from you to deliver your products to you. If necessary, we will contact you to ask for this information. If you fail to provide this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the contract or impose an additional charge to cover any extra work required as a result. Please note that any delay in product delivery or failure to deliver any part of your order due to your delay in providing the required information within a reasonable time will not be our responsibility.

4. Price and Payment

• a. Prices of products (which may or may not be inclusive of applicable taxes) will be indicated on the order pages when you place your order.
• b. You are solely responsible for all legal and regulatory obligations, including tax-related obligations, arising from placing an order for a product on our website.
• c. Payment must be made in full at the time of shopping.
• d. ICF accepts payment for the products by way of mobile money M-PESA payments or any other designated mode of payment indicated on our website and online shopping page.

5. Cancellation

• a. Cancellation requests can be made using the Cancel Shopping link on the ICF website online shopping page or by contacting us by phone call at +254 713 254646.
• b. Cancellation requests will be declined if received after the order has already been harvested, packaged for transit, dispatched (on the way to the customer), or delivered.
• c. Any approved cancellations of shopping orders will incur a cancellation administration fee. This fee will be the greater of Kes 400 or 15% of the total order value. In addition, the refund payment service provider may apply extra charges for processing the refund.
• d. Cancellation refunds will be processed within seven (7) business days from the date a successful shopping order cancellation is confirmed by ICF.

6. Changes or Suspension of Supply by ICF

• a. ICF reserves the right to make changes to your confirmed shopping order request due to changes in any relevant laws and regulatory requirements, unforeseen circumstances, including weather conditions or other factors that may negatively affect the quality of your ordered product, customer experience, our staff safety, or the availability of the ordered product.
• b. For changes by ICF, we will make reasonable efforts to communicate promptly and offer a cost-free cancellation option and allow you to submit a new or modified shopping order request. In instances where an alternative or order modification may not be appropriate or convenient for you, we will allow you to cancel the order and receive a full refund of the order payment.

7. Ownership and Risk

• a. You shall own the product only after we have received full payment for it.
• b. You shall take up any risk of any damage or loss to a product from the time you collect it, or we deliver the product to the address or location provided by you.
• c. You are responsible for the product from the time you collect it, or we deliver it to you.

8. Return and Refund

• a. You are eligible for a refund if your order/product(s) received is:
  • not what you have ordered,
  • damaged, or
  • defective.
• b. You shall thoroughly examine your order or product(s) upon receipt. If you find any issues that meet our refund eligibility criteria, please inform us at enquiries@idealconceptfarms.co.ke and provide video or photographic evidence within 24 hours of receipt to qualify for a return and refund. Alternatively, you may opt for a replacement of the returned items instead of a refund.
• c. Upon receiving and approving your notification to return the purchased product(s), please ensure that the items are returned in the same condition as depicted in the video or photographic evidence provided in the refund eligibility notification. We must receive these items within seven (7) business days for the refund payment to be approved.
• d. If we reject your returned product for failing to meet our refund policy conditions, we will contact you via phone or email to explain the issue and how you can collect, forfeit, or dispose of the rejected product.
• e. On approval, a refund will be processed to the originating payment mode used for the order.
• f. A processed refund may take up to seven (7) business days to reflect in the originating account.

9. User Warranties

By accessing or using our website, you hereby confirm and warrant that:

• a. the information you have supplied in your account opening, log in, or otherwise under this contract is current, accurate, truthful, and complete;
• b. you have the necessary power, authority, and capacity to execute and fulfil this contract, each transaction, and any other documentation relating thereto, and to perform your obligations under this contract and have taken all necessary action to authorize such execution, delivery, and performance;
• c. you shall be fully and directly responsible to us for all of the liabilities and obligations that we incur under this contract;
• d. the execution, delivery, and performance of any transaction through our website shall not violate or conflict with any law or contract that applies to you, us, or any other legally recognized entity;
• e. all necessary regulatory permits, approvals, and consents from governmental and other relevant regulatory authorities related to this contract must have been acquired by you, remain valid, and all conditions of any such consents have been complied with;
• f. you shall comply with all laws, rules, regulations, and disclosure requirements of any relevant jurisdiction or regulatory authority which apply in respect of us or you at any given time;
• g. you shall promptly provide us with any information and assistance we may reasonably require from you to enable us to fulfil our obligations under this contract;
• h. you have been and are compliant with all tax and reporting obligations relating to this contract; and
• i. if you are a corporate or business entity, no order has been made or resolution passed or petition presented for your dissolution or for the appointment of a provisional liquidator in respect of you, and no meeting has been convened for the purpose of your winding-up and no receiver has been appointed in respect of you or of all or any of your assets.

10. Termination of Contract

We reserve the right to end the contract for a product or service at any time by calling or writing to you for any reason whatsoever, including if:

• a. you do not make any payment to ICF when it is due; or
• b. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product or service; or
• c. you do not provide the required information for product or service delivery within a reasonable timeframe upon our request; or
• d. you do not permit us to deliver the products to you or allow us access to your premises to supply the services within a reasonable time.

If we terminate the contract in the situations set out above, we may refund payments you have made to us in advance for products we have not provided in accordance with our return and refund terms and conditions in clause 8 above, and as modified by us from time to time and which is hereby incorporated to and forms a part of these shopping terms and conditions.

Where the contract is terminated for reasons related to your conduct, we reserve the right to apply a deduction or charge you such amount as is specified in our cancellation terms and conditions in clause 5 above, or other reasonable amount as compensation for the net costs we will incur as a result of terminating the contract.

11. Disclaimer and Limitation of Liability

Ideal Concept Farms Limited (ICF) shall not be responsible or liable, directly or indirectly, in any way for any loss, damage, or harm of any kind incurred because of, or in connection with, your failure to comply with any section or sections of these shopping terms or conditions.

All the information, content, materials, products, and services provided or made accessible to you through the website are offered “as is” and “as available” unless explicitly stated otherwise on the website. Ideal Concept Farms Limited (ICF) does not make any express or implied representations or warranties regarding the operation of the website or the information, content, materials, products, or services provided or made accessible to you through the website unless explicitly stated in writing. By using the website, you acknowledge and agree that you are doing so at your own risk.

Notwithstanding anything contrary to these terms and conditions, in any event, Ideal Concept Farms Limited (ICF) and its directors, officers, employees, and agents shall not be liable (whether in contract, warranty, tort (including, but not limited to, negligence), product liability, or other theory), to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or exemplary damages (including damages for loss of revenues, loss profit or anticipated profits, loss of goodwill, loss of business or data) arising out of or in relation to these terms and conditions. ICF's entire liability to you under these terms and conditions or under any applicable law or equity shall be limited solely to actual and proven direct damages sustained by you as a result of the gross negligence or willful misconduct of ICF and its directors, officers, employees, and agents in the performance of their respective services and other obligations under these terms and conditions. In no event shall ICF be liable, vicariously or otherwise, to you or any third party claiming through you for any losses, damages, liabilities, costs (including reasonable legal costs), and expenses (including taxation) which are in the aggregate more than the amounts paid by you to ICF for the products.

12. Personal Information

The use of Ideal Concept Farms Limited (ICF) Online shopping websites or certain services may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to:

• a. Provide accurate and current information about yourself, and promptly update such information if there are any changes.
• b. Solely take responsibility for keeping passwords and other linked account identifiers safe and secure.
• c. Entirely take responsibility as the account owner for all activities that occur under this password and other linked account identifiers.
• d. Promptly notify ICF in writing at enquiries@idealconceptfarms.co.ke or by phone call at +254 713 254646 of any unauthorized use of your password or account.

You also agree that your personal information will be required by ICF to provide the online shopping service and product delivery. By using the website, you hereby grant us authorization to use such personal information to provide the products and services. You also grant ICF the authority to provide such information to third-party suppliers, agents, and partners whom we may engage as part of our supply value chain to provide or deliver goods or services.

13. Authority Delegation

If you wish to authorize any person (who is legally able to enter into contracts) the power to act on your behalf, please notify us in writing by sending an email to enquiries@idealconceptfarms.co.ke. Please do not include Personally Identifiable Information in your email notification; we shall contact you to obtain such details regarding your authorized person. We reserve the right to approve or discontinue the recognition of any appointed individual at our absolute discretion. Unless and until we receive written notice that the appointed individual’s authority has been withdrawn, any action taken by us based on instructions given under such authority will be considered as authorized by you and shall be binding on you. These terms shall also be binding to your authorized person.

We may act on instructions given by authorized persons and may disclose account balances and any other details about your account or transactions to such authorized persons.

We shall not be liable to you for any loss that may arise from carrying out instructions provided by or interacting with an authorized person, and you shall be solely responsible for the following:

• a. entering into agreements with us for the provision of further products or services which they consider to be in your interests;
• b. providing us with instructions and establishing security procedures for issuing instructions in connection with services and products; and
• c. changing the list of authorized persons as needed.

14. Anti-Money Laundering

You shall not pay, or deposit funds received from unknown or suspicious sources into your account. You will use your account solely in your personal capacity, and in the event of any changes to your account information or documents, it is your responsibility to update these details in a timely manner, and in accordance with the laws, regulations, guidelines, or directives applicable in the Republic of Kenya.

You shall not use the website in furtherance of money laundering or terrorism, nor will you provide access to your account to any individual, government, private entity, or corporate body that is affiliated with entities supporting such activities.

If we suspect any form of money laundering or terrorism financing, we shall immediately alert the appropriate law enforcement authorities and will provide them with any requested information related to your account that we hold, in compliance with the applicable laws, regulations, guidelines, or directives within the Republic of Kenya.

You hereby represent and warrant (and these representations and warranties shall be deemed repeated by you each time a transaction occurs under this contract) that you are the principal holder of, and the sole beneficiary in respect of your account, and that you shall not pay to us, or deposit funds received from unknown or suspicious sources into your account. You will use the website solely in a personal capacity and will update the information and documents provided concerning your use of the website if there emerge any reasons or changes so requiring, as required by the provisions of anti-money laundering and counter-terrorist financing laws or other laws or regulations in the Republic of Kenya.

15. Privacy

We are committed to respecting and protecting the privacy of the information we collect from you.

• a. Personal information: means personally identifiable information as prescribed in the Data Protection Act (2019) which includes but is not limited to name, address, phone number, identification number, and location data.
• b. Collection of information: We are required by law to collect certain personal information and are legally obligated to deny you the service if such information is not provided.
• c. Optional/quality service delivery Information: Apart from the legal obligation mentioned above, we also need to collect your Personal Information for quality service delivery. Please note that although this is voluntary, without such information we may not be able to provide quality service.
• d. Privacy policy: Our privacy policy is updated from time to time and explains how we treat your personal information, who we share your information with, and measures taken to protect your privacy when you use our Service. This can be found on the Ideal Concept Farms Limited (ICF) website footer or by using this Privacy Policy link. If unable to access the link or our website, please reach us at enquiries@idealconceptfarms.co.ke to receive a copy.

16. Intellectual Property

All intellectual property rights, whether registered or unregistered, on the website, information content on the website and all the website design, including, but not limited to text, graphics, software, photos, videos, animations, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of Ideal Concept Farms Limited (ICF), and we reserve all rights. If you desire to use any content in a manner not permitted by these shopping terms and conditions, please contact us by addressing your request to enquiries@idealconceptfarms.co.ke.

For the purposes of this clause “intellectual property rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

17. e-TIMS Receipt

• a. Will be available to customers on request. Contact us at enquiries@idealconceptfarms.co.ke.
• b. Should be requested within 7 days of order placement.
• c. Allow a timeline of up to 14 days after the request has been made to receive your e-TIMS receipt.

18. Governing Law, Jurisdiction, and Language

• a. These Shopping Terms and Conditions are governed by and construed in accordance with the laws of Kenya.
• b. Any dispute arising between us from these terms shall be determined at first instance by mutual negotiation and settlement within twenty-eight (28) days of the notification of a dispute by either party.
• c. In the default of settlement in the first instance by reference by either Party to arbitration by the Chartered Institute of Arbitrators, Kenya Branch in accordance with its rules. The Arbitration Act, of 1995 will apply. Else, the parties agree to submit to the exclusive jurisdiction of the courts of Kenya.
• d. All contracts are concluded in English.

19. Contact Information

For any questions or issues regarding your shopping, product, returns, or refund, kindly reach out to us at enquiries@idealconceptfarms.co.ke.

20. Changes to Shopping Terms and Conditions

ICF reserves the right to change, modify, add, or remove portions of these booking terms and conditions at any time. In this event, any new changes will take effect from the date when the new terms are posted on our website.

By shopping on the ICF website, you acknowledge that you have read, understood, and agree to these Shopping Terms & Conditions.