TERMS & CONDITIONS

CALL IT SERVICES ("PataShop" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites. Please read the Terms and Conditions carefully before placing any orders on PataShop.

Pata.Shopping is a trading name of CALL IT SERVICES, a company registered in Kenya under Business Number: BN/2015/341195) Post Office Box 26200-00504 Nairobi.

Kindly go through our Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

Terms and Conditions will be updated accordingly as time progresses. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

 

Registration & Account Terms and Conditions

To use some of the services or features made available to you on this Site you will need to register for an account in our PataShop Membership Program. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Further registration requirements will be updated accordingly. 

Here are the some of the benefits you’ll avail by registering with us for a PataShop account and becoming a Member:

• Track your orders and review past purchases.
• Listing of exclusive items at discounted prices.
• Tailored on-demand hospitality services.
• Get prompt updates of new items or services.
• Real-time curated Wishlist that of items you desire or were sold-out.
• Save your address so you can shop even quicker next time
• Manage your account details, address book and email preferences

To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details and conclude payment via card or mobile money. Upon successful payment, Email containing a unique code will sent to your respective email address to confirm account and we proceed from there. The account password you create should be unique and kept secure, and you must promptly notify PataShop of any breach of security or unauthorized use of your account.

These benefits and other benefits that may be offered from time to time are available only to active Members and for purchases made and delivery locations within Kenya.

Please note, that by participating in the PataShop Membership, you agree to accept and be bound by the terms and conditions stated in this agreement, including PataShop’s Terms and Agreement, and warrant policies.

NOTE: Each of the policies set forth above is incorporated herein by reference and may be added to, amended, changed, revised, and/or modified by PataShop, from time to time, at PataShop’s sole and absolute discretion, and PataShop will provide notice of such changes if and as required by law.

You also consent to;

• Mandatory arbitration (on an individual basis) to resolve all issues and disputes.
• Waiver of all class actions of any and every type.
• Waiver of all jury trials and all other types of court proceedings.

PataShop retains the discretion to amend or terminate the Member Program at any time (collectively, an “Amendment”). An Amendment, once posted on PataShop’s website, shall be deemed to be effective upon the date set forth therein, which, in no event shall be less than two weeks, and shall control the Parties’ relationship as of the effective date. In the event that you do not agree to the Amendment, you may cancel your Membership at any time without question. However, you shall continue to receive each benefit that was in effect as of the beginning of the applicable Membership through the expiration thereof. Your cancellation will also serve to cancel any auto renewal option then in effect.

Membership Eligibility and Fees

Membership in the Member Program is limited to residents of the Kenya who are at least eighteen years of age. The annual membership fee for PataShop Membership is KES 10,000 (the "Membership Fee") plus applicable tax and currency conversion fee, if any, which provides a one-year Membership in the Member Program from the day you join the program. You may cancel your Membership at any time by following one of the cancellation methods described below. Your cancellation will be effective as of the end of the then-existing Membership year. No refunds of any Membership Fee (or applicable tax and currency conversion fee, if any) will be given, even if you did not utilize the benefits of Member Program. PataShop reserves the right, in the exercise of its discretion, to reject your application for Membership, or to decline to renew and terminate your Membership. To cancel your Membership before the expiration date, please contact PataShop Customer Line +254736400000.

Auto-Renewal Option

PataShop may offer Members the opportunity to auto-renew Memberships annually. If you elect auto-renewal when you join PataShop Membership, you agree that your credit or debit card used to purchase the Membership will be automatically charged KES 10,000 annually (plus applicable tax and currency conversion fee, if any) on or about the anniversary of your initial membership without further notice to you, subject to PataShop’s right, in the exercise of its discretion to change the Membership Fee from year to year, or to decline to renew and terminate your Membership. The annual renewal fee may be refunded within 60 days following the renewal date, provided that you have not used Member benefits during the 60-day grace period. If you elect to auto-renew, but the automatic renewal of your Membership Fee cannot be processed for any reason, your Membership Program will expire at the end of the Membership Year for which you previously paid without further notice.

Exclusions and Limitations

The following items and services are excluded from the Member Program:

• Any other type of sale not expressly permitted herein or any merchandise not having a Member Price, including adjustable motion bases.
• Clearance items.
• Corporate or prearranged group discounts.
• Employee transactions.
• Member pricing cannot be combined with any other savings offers, sales, discounts, coupons, or promotions except applicable financing offers.

Other PataShop promotions, if any, cannot be combined with and/or applied to further reduce Member Price or to expand other benefits unless such other promotion specifically and expressly states otherwise in writing.

Your Consent to Receive Marketing, Promotional Materials, and Other Communications from PataShop

By becoming a Member of the PataShop Membership Program, you agree to provide to PataShop all of your Contact Information (including your name, mailing address, email address and telephone number), and agree to receive electronic and print marketing and promotional materials and other communications from PataShop, including by means of social media (“Communications”). If you elect to pay Membership Fee by means of the auto-renewal option, then, in addition to the foregoing, you also agree to provide to PataShop current and valid credit or debit card information, including the account number, expiration date, security code, and the billing address associated with the card.

To the extent that the laws of any applicable jurisdiction limit or prohibit our ability to send Communications to you without additional steps having been taken, the foregoing shall not be deemed to apply to you until such additional legally required steps have been taken.

Facilitation of Marketing and Email Services

Unless you expressly opt out, by joining the Membership Program, to the extent permitted by applicable law, you agree that PataShop may, in accord with our Privacy Policy, provide, transmit, deliver, and/or share Communications, Contact Information, credit or debit card information, and other personally identifiable information with individuals and/or entities which provide services to PataShop including, business services such as email management, catalog and address management, and promotional service. Personally identifiable information may be accessed/processed by the software and/or hardware of the foregoing service providers and/or may be kept on a remote server, belonging to a third-party service provider, which is designated to store such information electronically. PataShop also maintains your name, contact information, and other personally identifiable information on its internal corporate systems and databases.

Disclaimer

To the fullest extent permitted by applicable law, you agree that

• your use of the PataShop Membership Program and any and all of the benefits provided thereunder shall be, at all times, at your sole risk;
• the benefits afforded by the PataShop Membership Program are provided on an "as-is" and "as-available" basis, and there is no assurance that any such benefits will be available at a particular time, time frame, or otherwise, and you recognize and agree that PataShop is entitled to change and/or modify the benefits and terms and conditions of the Member Program at any time at PataShop’s discretion;
• PataShop retains the discretion to accept or reject your application for membership in the Member Program and/or to decline to renew and terminate your membership;
• PataShop makes no warranty that
• the PataShop Membership Program will be operational, uninterrupted, timely, secure, error free, or work optimally;
• PataShop will meet your expectations and/or requirements;
• the quality of any products, services, website, information, instructions, and/or terms or conditions will satisfy your expectations or be error free; and

To the fullest extent permitted by applicable law,

• PataShop shall not be liable for any direct or indirect damages of any kind arising out of or in connection with your application for, registration for, joinder in, maintenance of, use, participation in, receipt of the benefits of, cancellation, and/or termination of your membership in the PataShop Membership Program, and
• the foregoing is a comprehensive limitation of liability and damages that shall apply to all damages of every kind and nature including, without limitation, direct, indirect, compensatory, incidental, punitive, and/or consequential damages, losses, misappropriation, and/or theft of data, goodwill, income, or profit, losses related to property damage of whatever type, and any other tangible or intangible losses or claims of third parties resulting from
• the use or the inability to use the PataShop Membership Program or to use or receive any of the benefits thereof;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or the inability to purchase or obtain messages received or transactions entered into in connection with Member Program;
• unauthorized access to or alteration of your name, contact information, or other membership information; or
• any other matter, issue, or dispute pertaining to your membership in the Member Program, or your attempt to become a Member, and any actions on the part of PataShop pertaining to any of the foregoing.

 

Limitation of Liability

To the fullest extent permitted under applicable law, you agree that the maximum collective liability of PataShop for all claims, causes of action, losses, or damages, however arising and by way of whatever type of proceeding, shall be no greater than ten thousand Kenyan Shillings (KES 10,000). Except as is otherwise prohibited by applicable law, the limitations set forth herein shall apply to any theory of legal liability, including, among all others, breach or repudiation of contract, violation of statute, violation of common law, tort, negligence, gross negligence, recklessness, intentional misconduct, strict liability, or any other claim or damage for any type of civil liability, or based upon any other legal theory and irrespective of whether damages, actual or otherwise, are deemed to exist.

To the fullest extent permitted under applicable law, by applying, accepting Membership in, joining, maintaining, using, participating in, or partaking of the benefits of the PataShop Membership Program and agreeing to these terms and conditions, you voluntarily agree that you have relinquished your right to seek damages from PataShop as and to the extent stated herein and that the agreement to accept such limitations reflects a reasonable allocation of risk.

 

Eligibility to Purchase

In order to make purchases on the Site you will be required to register and provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. Two way verification will be mandated.

The Site is available only to individuals and others who meet the PataShop terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to PataShop, whose applications are acceptable to PataShop and who have authorized PataShop to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise and services which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, PataShop reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where PataShop feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

PataShop offers products and services for sale that are in stock and available for dispatch from various distribution centers. Occasionally however, we may be waiting for order fulfillment from our designer or service suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to PataShop. PataShop will only take Advance Purchase orders for stock that has been scheduled for delivery by a designer or service supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at PataShop. Your registered email address will receive notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

Pricing Policy

Prices shown on the Site are in KES or USD and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site. All prices and offers remain valid as advertised from time to time. The KES or USD price of a product displayed on the Site at the time the order is accepted will be honored. Prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. If you are a customer whose credit/debit card is not denominated in KES or USD, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

Order Acceptance 

Once you have made your choice of item or service, place order and conclude payment, you will receive an email acknowledging the confirmation of your order. Another Email confirming dispatch of item or services will be sent to you accordingly. The sale contract is therefore concluded in Nairobi, Kenya and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of PataShop.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, failing two way authorization process, shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms and Conditions.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise or service from the Site whether or not that merchandise or service has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able.

Payment

We accept all major Mobile and 3D Secure Card Payment Service Provider. Once this transaction is complete, you will then return to Pata.Shopping. Payment will be debited and cleared from your account upon confirmation of your order by PataShop. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to two way verification checks, where unique code will be sent to your mobile phone number to validate the payment and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to PataShop, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using InterSwitch Payment Gateway, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered PataShop user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, PataShop uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Insurance and Delivery

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

PataShop insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by PataShop, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

Our courier can deliver to certain destinations without collecting a signature. If this option applies to your delivery address, you can update your preference on the shipping page at checkout before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that PataShop can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, our courier may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please note that we aim to dispatch all orders within 3 hours, or 24 hours during sale periods. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. PataShop is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

 

Returns and Exchanges

Our policy

Items should be returned unused and with all Certifications and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Returned items must comply with our returns policy:

• Items must be returned unworn, undamaged and unused, with all tags attached and the original packaging included and certifications.
• Footwear and accessories must be returned with the original branded boxes and dust bags, where provided, and placed inside a protective outer box for as initially received.
• When trying on footwear, please take care not to mark the soles or damage the shoe box.
• If an item has a security tag or brand tag attached, it must be returned with the tag in its original position.
• Beauty and cosmetic products must be returned unopened and unused, with the seals of any packaging still intact.
• Jewelry must be returned in the same condition it arrived in, including all branded packaging and documents provided with it.
• Skincare, cosmetics and hair care must be returned unused, unopened, and in their original packaging otherwise we will not accept them. Please note, fragrance, nail polish and aerosols are final sale and may not be returned due to transport restrictions.
• Electronic products are non-refundable or exchanged, unless there is a defect prompted by the device manufacturer and should be returned in the original packaging.

 

Please take care when trying on your purchases and return them in the same condition you received them. Any returns that do not meet our policy will not be accepted. To return or cancel an item that has been made to your specifications, please contact PataShop for further information.

Please email info@pata.shopping if any of your purchases have been delivered without designer tags or product certifications.

All returns are handled in real-time where our courier will wait for 30mins for you to scrutinize the items purchased. In case of any changes, our courier will return the same to the sender and delivery it at the earliest. Unidentified returns will be returned to the sender to scrutinize. Kindly notify PataShop customer care of the same, so as to avoid further inconveniences and ensure you have the right items. 

Please note: We can only offer a free returns pick up from the same destination your order was delivered to.

Various Services offered in the Site:

No refund or exchange policy on all service and e-commerce items, as services are tailor made for your taste.

Faulty goods

Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty.

If your item is faulty when you receive it, you can return it for a refund within 24 hours from the date you received it.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on PataShop. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

Cancelling an order

Depending on where you live, you can also choose to cancel your order. If you choose this option we will refund you the full price for any returned item that meets our Returns Policy without original delivery fee; however, you will be responsible for the cost and arrangement of returning the item(s) to the PataShop partner(s) you ordered from.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your PataShop account or future orders being refused or account being terminated.

 

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including PataShop Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by PataShop and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. PataShop tries to ensure that the information on this site is accurate and complete. PataShop does not promise that PataShop’s Content is accurate or error-free. PataShop does not promise that the functional aspects of the Site or PataShop’s Content will be error free or that this Site, PataShop Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Activities

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions set forth, we may deny you access to this Site on a temporary or permanent basis.

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than PataShop, including advertisers. PataShop has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Limitations of Liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

If PataShop fail to comply with the Terms and Conditions, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the Terms and Conditions. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and PataShop knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us PataShop harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms and Conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and PataShop as a result of the Terms and Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of PataShop, and we shall not be liable for any representation, act, or omission on your part.

No Waiver

If you breach the Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and Conditions.

Complaints and Governing Law

If you have a complaint about us email info@pata.shopping giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance to the Kenyan law and the relevant courts of Kenya will have exclusive jurisdiction.