Terms Of Service

INTRODUCTION

1.1 Documentary & Reality Television Limited operates an e-commerce platform, comprising a website, as well as supporting IT, logistics, and payment infrastructure, for the sale and purchase of consumer products within its designated territory.
1.2 These general terms and conditions apply to both buyers and sellers using the marketplace, governing your utilization of the marketplace and associated services.
1.3 By accessing our marketplace, you agree to these general terms and conditions in their entirety. If you do not agree with any part of these terms and conditions, you must refrain from using our marketplace.
1.4 If you use our marketplace for business or other organizational purposes, you:
     1.4.1 Confirm that you possess the requisite authority to accept these general terms and conditions.
     1.4.2 Bind yourself and the entity operating the business or organizational project to these general terms and conditions.
     1.4.3 Acknowledge that "you" in these general terms and conditions applies to both the individual user and the pertinent business entity or legal entity, unless the context dictates otherwise.

INTERPRETATION

2.1 The clause headings in this Agreement are not to be used for interpreting this Agreement. Unless a term's meaning conflicts with the context, the following terms shall have the meanings specified herein: "Agreement" refers to an agreement in which you purchase goods and/or services from Betty Beauty, as per these terms and conditions. "Goods" denotes the products sold by D&R TV Limited under the trademark “UNAPOLOGETIC” to you. "UNAPOLOGETIC" signifies the Make-up brand/trademark owned by D&R TV Limited. "UNAPOLOGETIC Website" denotes the website and e-commerce platform for buying and selling goods. "Party" pertains to either D&R TV Limited or you, and "Parties" denotes both D&R TV Limited and you. "Quotation" refers to the written quotation, if provided, by D&R TV LIMITED for the supply and/or sale of Goods. "VAT" stands for value-added tax or sales tax imposed under the Kenyan legislation, the territory in which D&R TV Limited operates. "Standard Quantities" denotes the typical quantities in which Goods are packaged and/or sold by D&R TV Limited, which quantities may vary depending on the type of Goods sold. "Standard Quantity" has a corresponding meaning. "You" and "Customer" represent the individual purchasing Goods and any person making purchases on behalf of others. 2.2 An Agreement for purchasing Goods under these terms and conditions is considered established between D&R TV Limited and you at the time when we issue an Invoice to you or as otherwise agreed upon in writing ("Sale Date").
2.3 In the event of a conflict between these standard terms and conditions and any Schedule to this Agreement, these standard terms and conditions shall prevail.

REGISTRATION AND ACCOUNT

3.1 Age Requirement
 3.1.1 You must be at least 18 years of age to register with our marketplace. By using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you meet this age requirement.
3.2 Account Registration
 3.2.1 When you register for an account on our marketplace, you will be required to provide an email address/user ID and create a password. 
 3.2.2 You agree to: i.Keep your password confidential. ii.Notify us in writing immediately (using our contact details provided in section 26) if you become aware of any unauthorized disclosure of your password. iii.Be responsible for any activity on our marketplace resulting from any failure to keep your password confidential. You acknowledge that you may be held liable for any losses arising from such a failure.
3.3 Account Usage
 3.3.1 Your account is intended for your exclusive use, and you may not transfer your account to any third party. If you authorize a third party to manage your account on your behalf, you do so at your own risk.
3.4 Content Editing
 3.4.1 Unless expressly permitted by these general terms and conditions, you must not edit or modify any material on our website.
3.5 Material Usage
 3.5.1 Unless you own or control the relevant rights in the material, you must not: i.Republish material from our website (including republication on another website). ii.Sell, rent, or sub-license material from our website. iii.Display any material from our website in public. iv.Exploit material from our website for commercial purposes. v.Redistribute material from our website.
3.6 Sharing and Forwarding
 3.6.1 You are permitted to forward links to products on our website and redistribute our newsletter and promotional materials in both print and electronic form to others.
3.7 Account Suspension and Cancellation
 3.7.1 We reserve the right to suspend or cancel your account and may edit your account details at any time at our sole discretion, without notice or explanation. If we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will provide a refund for those products or services.
3.8 Website Access
 3.8.1 We retain the right to suspend or restrict access to our website, specific areas of our website, or certain website functionalities. This may occur during server maintenance or when updates are applied to the website. You must not attempt to circumvent or bypass any access restrictions on the website.
3.9 Account Cancellation
 3.9.1 You can cancel your account on our marketplace by contacting us via email at info@bettybeauty.com

SALE OF GOODS AND DELIVERY

4.1 Standard Quantities
 4.1.1 You acknowledge that most Goods are sold by D&R TV Limited in Standard Quantities.
 4.1.2 Accordingly, if you place an order for a quantity of Goods that is not a Standard Quantity, considering the nature of the Goods, D&R TV Limited may provide a Quotation for the nearest number of Standard Quantities of the Goods, not less than the quantity you ordered. If you accept this Quotation, the resulting agreement will be for the supply of the quantity of Goods specified in the Quotation, notwithstanding the original quantity requested in the order.
4.2 Correction of Errors
 4.2.1 Quotations are subject to correction for good faith errors by D&R TV Limited to the extent permitted by applicable law.
4.3 Confirmation of Goods and Services
 4.3.1 You confirm that the Goods and/or services listed on any Tax Invoice issued to you accurately represent the Goods and/or services you ordered at the agreed-upon prices. 4.4 Inspection and Satisfaction
 4.4.1 If delivery and/or performance occur on or before the Sale Date, you confirm that you have had a reasonable opportunity to inspect the Goods and/or services, have conducted such inspection, and are satisfied that they conform to the quality and quantity ordered, and are free from defects.
 4.4.2 Color Information While Company has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. 4.5 Quotation Validity
 4.5.1 Quotations are valid for 14 days, subject to the availability of Goods and services, unless withdrawn earlier or otherwise specified, and will expire at the end of that period.
4.6 Delivery Arrangements
 4.6.1 If you require D&R TV Limited to facilitate the transportation and delivery of Goods to you, and D&R TV Limited agrees to do so, D&R TV Limited will include on a Tax Invoice the necessary Delivery Details, including the Delivery Goods, Delivery Charge, and Delivery Address, as provided by you.
4.7 Duty of Care
 4.7.1 D&R TV Limited will exercise a reasonable degree of care, diligence, and skill in handling, safeguarding, and utilizing the Delivery Goods while they are in D&R TV Limited's possession.
4.8 Requested Delivery Date
 4.8.1 The estimated date of delivery ("Requested Delivery Date") will be communicated to you once confirmed with the transporter.
4.9 Assumption of Risk
 4.9.1 You assume full risk and hereby indemnify and hold D&R TV Limited harmless from any loss, liability, damage, or claims arising from the transportation and/or delivery of the Delivery Goods, or any failure or delay thereof, to the extent permitted by law. 4.10 Acceptance of Tax Invoice
 4.10.1 By accepting a Tax Invoice containing Delivery Details and/or paying Delivery Charges as specified in any Tax Invoice, you agree to the additional terms in this clause 4 and confirm the correctness of all Delivery Details reflected on the Tax Invoice. 4.11 Proof of Delivery
 4.11.1 Any delivery note or waybill (including electronic signature) signed by you, a third party transport provider, or their representative, shall serve as prima facie proof of the delivery of Goods to you, unless proven otherwise. 4.12 Passing of Risk
 4.12.1 In the event that you fail to take delivery of the Goods without valid cause, the risk shall transfer to you from the date the Goods are prepared for dispatch.
4.13 Ownership
 4.13.1 Ownership of the Goods remains with D&R TV Limited until you have paid the full purchase price of the Good

PRICE AND PAYMENT

6.1 Payment
 6.1.1 You are required to make payments in accordance with the Payment Information and Guidelines provided on the marketplace.
6.2 Payment Terms
 6.2.1 Prices and other specified amounts on the Tax Invoice issued by D&R TV LIMITED, including Delivery Charges, shall be payable by you as follows:
 6.2.2.1 If you are a Credit Approved Customer, payment must be made within the period specified in your Credit Agreement (30 days or 60 days) after the end of the month in which the relevant Tax Invoice was issued.
 6.2.2 In all other cases, payment must be made on or before the issuance of the Tax Invoice, prior to the release or delivery of the Goods.
 6.2.3 D&R TV Limited bills through an online billing account for purchases of Products and/or services. You agree to pay Company all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method.  
 6.2.4 Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time. All payments shall be in Kenyan Shillings.
6.3 Transaction Interference
 6.3.1 You must not interfere with a transaction by: (i) Contacting another user to buy or sell an item listed on the marketplace outside of the marketplace. (ii) Communicating with a user involved in an active or completed transaction to discourage them from a particular item. (iii) Contacting another user with the intent to collect any payments outside of the marketplace.

COPYRIGHT AND TRADEMARKS

7.1 Ownership of Intellectual Property  
 7.1.1 Subject to the specific provisions of these general terms and conditions: We, along with our licensors, hold and control all copyright and other intellectual property rights in our website and the materials on our website. All copyright and other intellectual property rights in our website and the materials on our website are reserved.
7.2 Trademarks
 7.2.1 "D&R TV Limited" and "D&R TV Limited" logos, along with our other registered trademarks, are proprietary trademarks owned by us. We do not grant permission for the use of these trademarks, and any such use may constitute an infringement of our rights. 8. DATA PRIVACY
 8.1 Personal Data Processing
 8.1.1 Buyers consent to the processing of their personal data in accordance with D&R TV Limited's Privacy Notice and Cookie Notice.
8.2 Privacy Policy Compliance
 8.2.1 D&R TV Limited will process all personal data obtained through the marketplace and related services in compliance with the terms outlined in our Privacy Notice, Cookie Notice, and Privacy Policy. These terms are hereby incorporated by reference and agreed upon by you.
8.3 Commitment to Privacy
 8.3.1 D&R TV Limited values your privacy rights and is committed to your protection. We process your personal information to provide products and services under this Agreement and to keep you informed about products and services that may be of interest.
8.4 Data Usage
 8.4.1 The purposes for which D&R TV LIMITED will use your personal information include, but are not limited to: i.Identifying you and conducting necessary checks and audits. ii.Marketing and promotions, including contacting you for these purposes. iii.Administering and managing the products and services we offer. iv.Addressing and resolving customer complaints. v.Participation in promotional competitions. vi.Providing access to D&R TV LIMITED's premises. vii.Gaining insights into your needs and interactions with us for product and service research, development, and business strategy.
9. LIMITATION OF LIABILITY
 9.1 Liability Cap
 9.1.1 To the extent permitted by law, D&R TV LIMITED's total liability for damages, whether arising from contract or tort, related to the supply of Goods, shall be limited to an amount equal to a refund of the purchase price of the Goods.
9.2 Exclusions
  9.2.1 In no event shall D&R TV LIMITED be liable for: i.Any loss, liability, damage, claim, or injury, including indirect or consequential loss, related to the supply of Goods. This includes any loss or injury (whether direct, indirect, or consequential) resulting from any negligent act or omission by D&R TV LIMITED, its servants, or agents. ii.Any incidental or consequential damages, such as loss of profits, loss of sales, expenses incurred in anticipation of D&R TV LIMITED's performance, or lost production, whether suffered by you or any third party.
9.3 Benefit to Third Parties
 9.3.1 In cases where D&R TV LIMITED's obligations are fulfilled by its servants, agents, subcontractors, associates, or subsidiaries, the provisions of this clause shall also apply to their benefit, and D&R TV LIMITED accepts such benefits on their behalf.
9.4 Innocent or Negligent Misrepresentations
 9.4.1 To the extent permitted by law, you agree that neither D&R TV LIMITED nor any of its employees or agents shall be liable for any innocent or negligent misrepresentations made to you.
9.5 Exclusion of Warranties
 9.5.1 To the extent permitted by law, all warranties implied by law regarding the fitness of any Goods for your purpose are hereby excluded.
9.6 Indemnification
 9.6.1 To the extent permitted by law, you hereby indemnify and hold D&R TV LIMITED harmless against all loss, liability, damage, and claims arising from any undertakings given by you, whether orally or in writing, to any third party regarding the supply of Goods. This includes any issues arising from your supply of Goods to, or their use by, any person.
10. GENERAL
 10.1 Severability
 10.1.1 The invalidity of any part of this Agreement shall not affect the validity of any other part.
 10.2 Governing Law
 10.2.1 This Agreement shall be governed by the laws of the Republic of Kenya, in which D&R TV LIMITED trades.
10.3 Dispute Resolution
  10.3.1 To the extent permitted by law, any dispute arising out of or in connection with this Agreement or its subject matter (including disputes related to its existence, conclusion, interpretation, and/or termination) shall be conclusively resolved through arbitration, without recourse to ordinary courts of law. An independent arbitrator, nominated by the parties, will make the final determination. This clause does not prevent either party from seeking urgent interim relief from any court of competent jurisdiction. 10.4 Legal Costs
 10.4.1 To the extent permitted by law, you agree that D&R TV LIMITED is not required to furnish security for legal proceedings. In any dispute resolution process, the prevailing party may recover all legal costs, including costs on the scale as between an attorney and his or her own client, collection charges, and tracing costs.
10.5 Entire Agreement
 10.5.1 This document constitutes the entire agreement between D&R TV LIMITED and you regarding the matters covered herein. Neither party shall be bound by any undertakings, representations, warranties, promises, or the like unless specifically set out in this Agreement or implied by the Consumer Laws.
10.6 Amendments
 10.6.1 No addition to, variation, or consensual cancellation of this Agreement, including this clause, and no waiver of any right contained herein, shall be effective unless reduced to writing and signed by both you and an authorized representative of D&R TV LIMITED.
10.7 Waiver
 10.7.1 Neither party shall be deemed to have waived or precluded from exercising any right under this Agreement due to: i.Granting any extension of time for, or showing indulgence to, the other party regarding any payment or performance hereunder. ii.Failure to enforce, or delay in enforcing, any right of action against the other party.
10.8 Addresses for Service
 10.8.1 Each party designates the following address as its domicilium citandi et executandi (address for service of legal process): D&R TV LIMITED: The address specified in this Agreement and any other address specified on the relevant Tax Invoice. and Customer: The Customer's address as provided by the Customer and reflected on the Tax Invoice.
10.9 Notice
 10.9.1 Any notice, demand, or other communication properly addressed by a party to the other party at the latter's domicilium for the time being and sent by prepaid registered post shall be deemed received on the tenth business day following the date of posting by prepaid registered post to the relevant address provided in this Agreement. 10.10 Assignment
 10.10.1 D&R TV LIMITED is entitled to cede, assign, or delegate its rights and obligations arising from this Agreement: i.Without your consent, to any person acquiring all or part of the business and/or assets of D&R TV LIMITED. ii.With your consent, in all other cases.