Terms and Conditions

1. Definitions

• "Company" means Createch Hobbies, a business registered and operating under the laws of Kenya.
• "Customer / Buyer" means any individual or entity purchasing products or services from Createch Hobbies.
• "Products" means all hobby kits, creative materials, technology accessories, educational toys, craft supplies, remote-controlled devices, and related merchandise offered for sale by the Company.
• "Order" means a confirmed request by the Customer to purchase one or more Products.
• "Payment" means full settlement of the purchase price by any accepted payment method prior to processing of the Order.
• "Delivery" means physical transfer of the Product(s) to the Customer or an authorised representative.
• "Business Day" means any day that is not a Saturday, Sunday, or public holiday recognised in Kenya.

2. General Terms

• 2.1 These Terms constitute the entire agreement between the Customer and Createch Hobbies with respect to any transaction and supersede all prior representations, discussions, or agreements.
• 2.2 Createch Hobbies reserves the right to amend these Terms at any time. Updated Terms will be published on our website and/or displayed in-store and shall apply to all Orders placed after the date of publication.
• 2.3 If any provision of these Terms is found to be unenforceable under applicable Kenyan law, the remaining provisions shall continue in full force and effect.
• 2.4 These Terms shall be governed by and construed in accordance with the laws of Kenya, including but not limited to the Sale of Goods Act (Cap. 31), the Consumer Protection Act, 2012, and the Kenya Information and Communications Act.

3. Products and Ordering

4. Pricing and Taxes

• 4.1 All prices are quoted in Kenya Shillings (KES) and are inclusive of applicable Taxes at the prevailing rate set by the Kenya Revenue Authority (KRA), unless otherwise stated and exclusive of delivery charges.
• 4.2 Prices are subject to change without prior notice. The price applicable to your Order is the price confirmed at the time of Order placement.
• 4.3 Delivery or courier charges, where applicable, will be added separately before Order confirmation.
• 4.4 Promotional prices are valid only for the stated promotional period and cannot be applied retrospectively to completed Orders.

5. Payment Terms

6. Delivery and Collection

• 6.1 Products will be arranged for delivery at the Customer's cost and risk, unless otherwise agreed.
• 6.2 Delivery timelines are estimates only and are not guaranteed. The Company shall not be liable for delays caused by third-party couriers, adverse weather, road conditions, or other circumstances beyond our control.
• 6.3 Risk of loss or damage to Products passes to the Customer upon handover to the courier or upon collection in-store.
• 6.4 The Customer must inspect all Products upon collection or delivery and report any visible damage or shortages immediately and in any event no later than twenty-four (24) hours after receipt.

7. Returns, Refunds, and Exchanges

8. Warranties and Product Liability

• 8.1 Products sold by Createch Hobbies carry a 7-day warranty for defects or missing parts. Warranty claims must be made directly to Createch Hobbies via WhatsApp at +254 742152233, via email at createch.hobbies@gmail.com, or physically at any location where Createch Hobbies is vending.
• 8.2 Createch Hobbies does not provide any additional warranties beyond defects or missing parts.
• 8.3 The Company shall not be liable for any indirect, incidental, or consequential loss, including loss of profit, loss of data, or personal injury, arising from the use or misuse of any Product, except where such liability cannot be excluded under Kenyan law.
• 8.4 The Company's total aggregate liability to any Customer shall not exceed the total amount paid by that Customer for the Product(s) giving rise to the claim.

9. Intellectual Property

• 9.1 All content on the Createch Hobbies website, social media channels, and marketing materials, including logos, images, product descriptions, and branding, is the property of the Company or its licensed suppliers and is protected under Kenyan intellectual property laws.
• 9.2 Customers may not reproduce, redistribute, or commercially exploit any Company content without prior written permission.

10. Customer Data and Privacy

• 10.1 Createch Hobbies collects and processes customer personal data (including names, phone numbers, and payment references) solely for the purpose of processing Orders, communicating regarding transactions, and improving our services.
• 10.2 Customer data is handled in accordance with the Kenya Data Protection Act, 2019. We do not sell or share personal data with third parties for marketing purposes without the Customer's consent.
• 10.3 Mobile money transaction data is subject to the privacy policies of Safaricom (M-Pesa) and Airtel Kenya (Airtel Money) respectively.

11. Customer Conduct

• 11.1 Customers are expected to engage with Createch Hobbies staff and representatives in a respectful and professional manner. The Company reserves the right to refuse service to any individual who engages in abusive, threatening, or fraudulent behaviour.
• 11.2 Any attempt to present false proof of payment, manipulate transaction records, or commit fraud will be reported to the relevant authorities, including the Directorate of Criminal Investigations (DCI) and Communications Authority of Kenya where applicable.

12. Dispute Resolution

• 12.1 In the event of a dispute arising from a transaction, the Customer is encouraged to first contact Createch Hobbies directly to seek an amicable resolution.
• 12.2 Where a dispute cannot be resolved informally within fourteen (14) Business Days, either party may refer the matter to mediation under the Nairobi Centre for International Arbitration (NCIA) rules, or seek redress through the Consumer Federation of Kenya (COFEK) or the relevant court of competent jurisdiction in Nairobi, Kenya.
• 12.3 These Terms shall be construed in accordance with the laws of the Republic of Kenya.

13. Force Majeure

• The Company shall not be held liable for failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond the Company's reasonable control, including but not limited to acts of God, government action, network or power outages, civil unrest, or public health emergencies.

14. Contact Information