Centerstar Terms and Conditions of Sale

In this document, the following words have the following meanings. These Terms are applicable to all sales channels.

  • “Customer” means the organisation or person who buys Goods.
  • “Goods” means the articles to be supplied to the Customer by Centerstar.
  • “Centerstar” means Centerstar.
  • “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.

Website content

All Goods displayed on Centerstar’s website are uploaded with image(s) of the product, a description, model number, product features, price and warranty duration. Although Centerstar ensures the information provided maintains dimensional accuracy on relevant Goods, they may contain slight or unintended variations that may be impacted by the brightness of your screen.

Price and payment

  • The price shall be Centerstar’s quoted price, or the price listed in Centerstar’s published price list as at the date of acceptance of an order, unless otherwise agreed. All quotations are valid for thirty (30) days from the date issued, after which they automatically expire.
  • All quotations are subject to availability of the Goods, and the Customer acknowledges that the price quoted or listed may vary at any time before acceptance of an order. Quotations are issued in Kenya Shillings unless agreed otherwise.
  • Centerstar reserves the right to reject an order at its own discretion without giving a reason.
  • The price is inclusive of VAT or any other applicable tax, duty, government levy or other applicable cost unless quoted separately.
  • The purchase price does not include special packaging, branding the Customer might require, insurance, nor any other incidental cost.
  • Credit terms may be offered subject to satisfactory credit vetting. The offer of credit is at Centerstar’s sole discretion and may be amended at any time based on mutual business performance.
  • Payment of the price and any other applicable costs and taxes is due within the agreed terms from the invoice / statement date, without discount and/or set-off. Centerstar reserves the right to set off any amount owed to the Customer.
  • If payment is not made by the due date, Centerstar may charge interest on overdue invoices at two (2) per cent per month from the due date until payment, require payment in advance of delivery for any undelivered Goods, and refuse to deliver any undelivered Goods without liability for non-delivery or delay.
  • The Customer shall fully pay Centerstar all costs incurred as a result of the Customer’s failure to fulfil its obligations in full and/or on time — including interest charges, bank charges, collection costs and legal fees.

Description and sample

Description. Any description given or applied to the Goods is given by way of identification only, and its use does not constitute a sale by description. For the avoidance of doubt, the Customer affirms that it does not in any way rely on any description when entering into the contract.

Sample. Where a sample of the Goods is shown to and inspected by the Customer, the parties accept that such a sample is representative in nature and the bulk of the order may differ slightly because of the manufacturing process.

Stock-out

In the event that the Goods requested are out of stock, Customers are at liberty to select alternative goods or wait until such goods are procured. Centerstar will not be liable in any way for any breach of these Terms in the event any Goods requested are out of stock.

Delivery

  • Unless otherwise agreed in writing, delivery takes place at the address specified by the Customer on, or as close as possible to, the date required by the Customer. The Customer shall make all arrangements necessary to take delivery whenever the Goods are tendered.
  • If Centerstar is unable to deliver because of actions or circumstances under the Customer’s control, Centerstar may place the Goods in storage until delivery can be effected, and the Customer is liable for any associated storage expense.
  • Unless expressly agreed, the delivery period specified is not a final deadline, and Centerstar is not liable merely because it exceeds the agreed delivery period.
  • Any damages, shortages, over-deliveries and duplicated orders should be reported to Centerstar within 48 hours of signed receipt, to enable replacement, refund or alternative solutions.
  • Where the Customer collects an order, they must show proof of identity (National ID or passport). If someone else collects on the Customer’s behalf, the Customer must provide proof of consent and a copy of their ID for identification.
  • If installation is required, Centerstar will arrange this by confirming a convenient date and time.
  • The Customer may be liable to pay additional delivery charges from time to time based on the delivery location directed by the Customer.

Risk & title

Risk. Risk in the Goods passes to the Customer upon receipt — being the time the Goods arrive at the place of delivery — even if the Customer does not expressly accept the delivery. Where the Customer collects the Goods, risk passes when the Goods are entrusted to it or set aside for collection, whichever happens first.

Title. Title in the Goods does not pass to the Customer until Centerstar has been paid in full. The Customer acknowledges that it possesses the Goods solely as bailee for Centerstar until all payments (including any interest and other charges) due relating to the sale and purchase are settled in full. The Customer’s right to possession ceases if Centerstar does not receive full payment of all amounts due within the stipulated time period.

Return of unused goods

All goods are sold on a firm-sale basis — i.e. Centerstar will not take back any Goods not required or sold to the Customer, unless otherwise agreed, in which case the following terms apply:

  • Centerstar may provide a credit of the same amount upon the return of Goods, at its own discretion.
  • Any returns must be inspected and approved by an authorised representative of Centerstar before any credit is given.
  • Where Centerstar agrees to accept the return of goods that are not damaged, the Customer is responsible for any costs of delivering the Goods to Centerstar and must carefully package them to avoid damage in transit. Centerstar is not obliged to accept any goods damaged in any way.
  • Centerstar will not accept goods which have been damaged or tampered with, or products which are health-related.
  • Centerstar will not accept returns of goods held by the Customer for more than 6 months, even if the Goods are in good condition.

Customer’s obligations

To facilitate the supply of the Goods, and in consideration of Centerstar agreeing to supply on these Terms, the Customer undertakes to:

  • Pay the purchase price and any other amounts due strictly within the credit terms specified by Centerstar from time to time.
  • Comply with and fully perform its obligations under these Terms promptly and without delay.

Warranties & limitation of liability

The Customer warrants to Centerstar that:

  • The Customer has the legal right and authority to enter into this Agreement and to perform its obligations under it.
  • The Customer will comply with all applicable legal and regulatory requirements necessary for the fulfilment of its obligations under this Agreement.
  • All information provided by the Customer upon registration of an account, or otherwise required for the purchase of Goods, is true and accurate.

While Centerstar will ensure the security of its website, the Customer acknowledges that such software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, Centerstar gives no warranty or representation that the website will be entirely secure.

Limitation of liability. Centerstar shall not be liable for any loss or damage suffered by the Customer in excess of the contract price.

Intellectual property rights

All Intellectual Property Rights produced from, or arising because of, the performance of this Agreement shall — so far as not already vested — become the absolute property of Centerstar. The Customer shall do all that is reasonably necessary to ensure that such rights vest in Centerstar, by the execution of appropriate instruments or the making of agreements with third parties.

Promotions

Centerstar may, from time to time, offer different types of promotions on its Goods. Such promotions are undertaken as per the terms and conditions issued by Centerstar or as agreed with the Customer. Offers to Customers have a validity period and can only be claimed within the specified time.

Product warranty

  • All products and Goods are covered by warranties against manufacturing defects and faults.
  • Centerstar offers a 24-month warranty on all LG and Bosch products, and a 12-month warranty on all other brands offered. Some brands may offer additional warranties on certain parts — e.g. some fridges may come with up to 10 years’ warranty on the compressor.
  • Centerstar also offers the above warranties to all Authorised Centerstar Dealers.

Third-party links

Some content, products and services may include materials from third parties — we advise that you familiarise yourself with their terms and conditions as you engage in any transactions and sign-ups. Centerstar shall not be responsible for any transactions or activity on third-party sites.

Force majeure

Centerstar shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control — including acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, shortage or unavailability of raw materials from a natural source of supply, failures of the internet or any public telecommunications network, hacker attacks, denial-of-service attacks, virus or other malicious software attacks or infections — and Centerstar shall be entitled to a reasonable extension of its obligations.

If the delay persists for such time as Centerstar considers unreasonable, it may, without liability on its part, terminate the contract.

Governing law & jurisdiction

This Agreement is governed by and construed in accordance with the laws of Kenya, and the parties submit to the exclusive jurisdiction of the Kenyan courts.

General

  • Nothing in these Terms establishes or implies any partnership or joint venture between the parties, nor construes either party as the agent of the other.
  • Unless expressly agreed otherwise in writing, these Terms apply to any Agreement to the exclusion of any standard terms specified by the Customer or implied by law, trade custom, practice or course of dealing.
  • Acceptance of the Goods or Services by or on behalf of the Customer is deemed to be full and unconditional acceptance of these Terms.
  • Any variation to these Terms (including any special terms agreed between the parties) is inapplicable unless agreed in writing by Centerstar. Centerstar reserves the right to amend these Terms by issuing a notice to the Customer.
  • If any term is held invalid, illegal or unenforceable by any court of competent jurisdiction, that provision shall be severed and the remainder shall continue in full force and effect.
  • The contract for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, by the Customer without Centerstar’s prior written consent. Centerstar may assign or transfer any of its obligations by issuing notice to the Customer.
  • The failure by either party to enforce any of these Terms at any time is not a waiver of them, or of the right to subsequently enforce all Terms.
  • Each party is responsible for its own compliance with the relevant data protection laws, including the Data Protection Act, 2019 and all corresponding Regulations, any other applicable data protection laws, as well as Centerstar’s Privacy Policy.