Welcome to Barakaphones.com, a service provided by Baraka Phones Limited. In using the Barakaphones.com service of Baraka Phones Limited you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on Barakaphones.com constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Barakaphones.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Barakaphones.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
Account and Registration Obligations
You also agree to:
- Provide true, accurate, current, and complete information about yourself as prompted by Baraka Phones’ registration form (such information being the “Registration Data”)
- Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Barakaphones.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Barakaphones.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While Barakaphones.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Barakaphones.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Barakaphones.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, Barakaphones.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Barakaphones.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Barakaphones.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to the Barakaphones.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No cash disbursement shall be made under any condition whatsoever. We strive to provide you with the best prices possible on Barakaphones.com as well as in all our stores under Baraka Phones LLC. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without prior notice.
It takes 2 – 5 business days to deliver your order within KENYA. In the case of items such as refrigerators, televisions of size 50” and above, washing machines, and other major appliances, which are delivered by the supplier, the delivery happens within 5-7 business days. Delivery outside City limits is subjected to additional charges based on the category of the products. To know non-serviceable areas and remote areas,
Cancellation by Barakaphones.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department, cases where we find that the customer is manipulating the account to place multiple orders. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, the said amount will be reversed back in your Card Account. No cash disbursement shall be made under any condition whatsoever.
In order to ensure top quality customer experience, we do a quality check on orders dispatched at our end. If we find any fault in the product(s) in your order, we reserve the right to cancel the order partially or fully. In such cases, we shall notify you about the same.
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. Barakaphones.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Barakaphones.com and accepts Barakaphones.com’s decision regarding the cancellation.
Credit Card Details
You agree, understand, and confirm that the credit card details provided by you for availing of services on Barakaphones.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Barakaphones.com. Further, the said information will not be utilized and shared by Barakaphones.com with any of the third parties unless required for fraud verifications or by law, regulation, or court order. Barakaphones.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
Fraudulent /Declined Transactions
Barakaphones.com reserves the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Site fraudulently. Barakaphones.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
The website will not allow orders to get placed in any of the below events occur. Customers can claim a refund in such cases where money is deducted from their account. However, the order will not be fulfilled under any circumstances.
- Cards issued outside GCC and Egypt are not accepted
- Multiple attempts within a day (Max 2 allowed)
- Multiple transactions within a day (Max 2 allowed)
- Unauthorized use of any credit/debit card.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Barakaphones.com for redelivery shall be claimed from you.
- That you will use the services provided by Barakaphones.com, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. Barakaphones.com reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), Barakaphones.com has the right in its sole discretion to reject the registration and debar you from using the Services of Barakaphones.com and/or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site/ mobile app for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offense results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate
Shipping costs are based on a combination of the following:
- Weight and dimensions of the package.
- Method of shipment such as Ground, Air, etc.
- The location you are shipping from (city, state, country)
Costs can be considerably higher for international destinations. Generally, buyers pay additional costs such as duties, taxes, and customs clearance fees. For example, international rates may or may not include pickup and door-to-door delivery with customs clearance. An “extended area surcharge” may apply to buyers depending on their international locations.
Cash on Delivery
Terms and conditions
- The cash on Delivery payment option is available for all Products.
- In case of Store pick up, orders placed using the Cash on Delivery payment method will be kept reserved for 3 days only, after which the order will be canceled.
- Cash on Delivery orders will be fulfilled within 1 – 2 business days.
- Cash on delivery provision will be revoked for any user account if such orders are canceled more than 2 times.
Orders are available for Store Pickup at the below Baraka Phones Store Locations at no additional Shipping Charge:
- Jamia Plaza ground floor
- Luthuli Avenue at Tawakal Electronics
Products that are not available for Store Pickup are:
- Mobile Phones
- Sound Systems
- Online Exclusive items – Products mentioned as Online Exclusive will be home delivered only
You will be informed on your registered email ID once your order is available at the store pickup location of your choice.
This shipping information is provided to you for general information purposes and may not be applicable or accurate for shipments processed with some carriers or for goods shipped across certain international borders. For international shipments, please also check with countries whose borders your shipment may cross for any additional rules, regulations, duties, or taxes that apply.
Modification of Terms & Conditions of Service
Barakaphones.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Barakaphones.com. You should regularly review the Terms & Conditions on Barakaphones.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of KENYA. The Courts at Kenya shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Baraka Phones Limited. and his decision shall be final and binding on the parties hereto. The arbitration shall be held in Kenya. The laws of KENYA shall be applicable in such aspects. Reviews, Feedback, Submissions All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to Barakaphones.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Barakaphones.com property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Barakaphones.com of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, Barakaphones.com owns exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Barakaphones.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Barakaphones.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy, or another personal or proprietary right (s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Barakaphones.com does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Barakaphones.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Barakaphones.com and its affiliates for all claims resulting from any Comments you submit. Barakaphones.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. Baraka Phones’ customer touchpoints including website, mobile web, social media, are for customers to interact with Baraka Phones to enquire about products, promotions, availability, and to resolve any related issues in accordance with the prevailing KENYA laws governing such interactions. Baraka Phones reserves the right to take appropriate action including legal recourse in case customers act against any such prevailing laws at any of the Baraka Phones customer touchpoints.
Copyright & Trademark
Barakaphones.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Barakaphones.com or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to Barakaphones.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Barakaphones.com. You may not modify, distribute or re-post anything on this website for any purpose. The Barakaphones.com names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Baraka Phones Limited. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner. References on this Site to any names, marks, products, or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Barakaphones.com endorsement, sponsorship, or recommendation of the third party, information, product or service. Barakaphones.com is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Barakaphones.com or its suppliers and protected by international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Barakaphones.com, one of its affiliates, or by third parties who have licensed their materials to Barakaphones.com and are protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Barakaphones.com and is also protected by international copyright laws. Objectionable MaterialYou understands that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Barakaphones.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Barakaphones.com, its employees, directors, officers, agents, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Barakaphones.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or Barakaphones.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Barakaphones.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Barakaphones.com. Upon any termination of the User Agreement by either you or Barakaphones.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Barakaphones.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
Stock Status “On Demand”
Please note that items marked as “On Demand” will be ordered on your demand after payment. This will not guarantee the stock availability within our supplier and we will do our best to provide you the item as soon as possible.
When you visit the Website or send emails to Barakaphones.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. DISCLAIMER: Baraka Phones holds the right to cancel any order in any of the below cases.
Fraudulent Transactions: Baraka Phones holds the right to cancel orders made with fraudulent email ID, payment method, and all kinds of bulk purchases.
Wrong Image: Images are meant for illustrative purposes only. The customer buys a product where the image was wrongly advertised.
Wrong Price: Prices are updated in bulk. If a wrong price is advertised on the website.
Wrong Description: Mistakes may occur while capturing information from the internet. Certain products may have different features in different regions. The customer buys a product that may not have a feature that is advertised.
- This is an exclusive “online” coupon.
- It can only be used on the Baraka Phones KENYA website (Barakaphones.com).
- It can be used only once and is not transferable.
- The coupon expires within a one-week issue date.
- The coupon cannot be used in conjunction with other coupons/vouchers.
- A minimum spends of Kes 12000 is required to use our vouchers.
The product visuals shown are for illustrative purposes only prices are subject to change.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Barakaphones.com with respect to the Barakaphones.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Barakaphones.com with respect to the Barakaphones.com sites/services. Barakaphones.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
- Deliveries are subjected to delays if the information is incomplete/incorrect.
- Orders may be placed on hold if the bank raises concern for authentication of the transaction.
The standard transaction currency on our e-commerce portal is KENYA Shillings (KES). If the customer is using a credit card supplied by banks other than those in the KENYA, the amount on the credit card bill may differ due to exchange rate fluctuations and any charges that the card issuer/bank may have debited. Country of Merchant Domicile: Baraka Phones is a Limited Liability Company registered in Kenya, KENYA.
Baraka Help Repairs & Recovery
- All equipment/s is received, kept, repaired, and operated at the Owner’s consent.
- The warranty covers only the Manufacturer’s defect.
- Warranty does not cover Misuse / Liquid damage / Physical damage / Tampered / Virus Infection etc.
- Quotation Rejection charges will be applicable.
- Out of warranty deliveries will be against payment.
- Units should be collected within 60 days after notification or Baraka Phones reserves the right to dispose of any unclaimed units.
- Service, Delivery, installation charges, Quote rejection charges are NON-REFUNDABLE once paid by the customer.
- Software once sold will not be exchanged or refunded.
- Once diagnose or repair performed on the unit, changes cannot be returned to the original/initial state.
- The receipt should be produced at the time of item collection.
- Customers authorize Baraka Phones technician/Engineer(S) to work on their device.
- The customer understands that Baraka Phones is not responsible for any data loss, which occur as a result of work done on their device.
- Further customer agrees to release, indemnify, and hold harmless, Baraka Phones from liability of any claims or damages of any kind or description that may arise from any system work performed on my any abandonment of said items.