Starsam Naturals Pay on Delivery Terms and Conditions

STARSAM NATURALS PAY ON DELIVERY TERMS AND CONDITIONS

1. Eligibility
1.1 Pay on Delivery is available only in towns where the service is offered by Starsam Naturals.
1.2 Customers must provide a valid phone number and location for delivery.
1.3 Starsam Naturals reserves the right to refuse Pay on Delivery services to any customer based on past non-compliance with these terms.

2. Payment Terms
2.1 To confirm an order, customers must make a non-refundable deposit as follows:
a) KES 10 via till number 4150554 for general orders.
b) KES 1 for customers outside Nairobi.
c) For customers in Nairobi Metropolitan, no deposit is needed.
2.2 The remaining balance must be paid in full upon delivery before receiving the parcel.
2.3 Failure to make full payment upon delivery will result in the parcel being returned at the customer's expense.

3. Delivery Method and Time
3.1 Orders will be dispatched through Speedaf, G4S, Pickup Mtaani, or a designated rider service.
3.2 Estimated delivery time is between one (1) to three (3) days from dispatch.
3.3 Customers must ensure they are available to receive their parcels during this timeframe.

4. Delivery Costs
4.1 The customer shall bear all delivery costs, payable upon receiving the parcel.
4.2 If the customer refuses to pay for delivery, the parcel shall be returned, and the customer shall be liable for all associated costs.

5. Pickup Obligation
5.1 Customers must collect their parcels within twenty-four (24) hours of receiving a notification of arrival.
5.2 Failure to pick up the parcel shall result in the following consequences:
a) The customer must reimburse the entire cost incurred in the delivery process.
b) A mandatory return fee of KES 300 shall apply if the item is returned to the sender.

6. Consequences of Failure to Pick Up
6.1 If a customer fails to pick up a Pay on Delivery parcel and does not pay the return fee, Starsam Naturals reserves the right to:
a) Publish the customer's personal details, including name and phone number, on its website and social media platforms (TikTok, Facebook, Instagram, X).
b) Add the customer’s details to a "List of Shame" for a period of six (6) months or until payment is made.
c) Contact the customer’s personal contacts regarding the outstanding debt.
d) Initiate debt recovery proceedings to reclaim costs incurred.

7. Waiver of Rights and Legal Implications
7.1 Data Protection Waiver
7.1.1 By choosing Pay on Delivery, the customer voluntarily waives their right to data protection under the Data Protection Act, 2019, for the purposes stated in Clause 6.1.
7.1.2 Starsam Naturals shall have the right to disclose the customer’s personal details in cases of non-compliance.

7.2 Legal Recourse Waiver
7.2.1 The customer waives the right to initiate any legal action against Starsam Naturals regarding actions taken to recover costs incurred due to the customer’s failure to pick up the parcel.
7.2.2 The waiver applies to claims of defamation, breach of privacy, or any other civil liability arising from the enforcement of Clause 6.1.

7.3 Debt Recovery and Financial Obligations
7.3.1 If a customer fails to pay the return cost, Starsam Naturals reserves the right to:
a) Report the debt to credit reference bureaus (CRBs) in accordance with the Credit Reference Bureau Regulations, 2020.
b) Engage debt collection agencies to recover outstanding amounts.
c) File a claim under the Small Claims Court Act, 2016 for debt recovery.

7.4 Indemnity Clause
7.4.1 The customer agrees to indemnify and hold harmless Starsam Naturals from any claims, losses, or damages resulting from the enforcement of these terms.
7.4.2 This includes any legal fees or administrative costs incurred in debt recovery.

7.5 Jurisdiction
7.5.1 These terms and conditions shall be governed by and construed in accordance with the laws of Kenya.
7.5.2 Any disputes arising from these terms shall be subject to the jurisdiction of Kenyan courts or resolved through arbitration as per the Arbitration Act, 1995.

By placing an order with Starsam Naturals under the Pay on Delivery option, the customer acknowledges and agrees to be bound by these terms and conditions.