Welcome to Eva Nairobi Art Supplies! These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Please read these Terms carefully before using our Services.

1. Acceptance of Terms
By creating an account, making a purchase, or otherwise using our Services, you signify your acceptance of these Terms. These Terms constitute a legally binding agreement between you and Eva Nairobi Art Supplies, a business registered under the laws of Kenya.

2. Eligibility
To use our Services, you must be at least 18 years old or have reached the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract. By using our Services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration
You may be required to register an account to access certain features of our Services.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4. Products and Services

Product Descriptions: We strive to be as accurate as possible in the descriptions of our products. However, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free.

Pricing: All prices displayed on our website are in Kenya Shillings (KES) unless otherwise stated. Prices are subject to change without notice. We reserve the right to correct any errors in pricing.

Availability: Product availability is subject to change. We do our best to ensure stock levels are accurate, but occasionally items may become unavailable after an order is placed. In such cases, we will notify you promptly and offer a suitable alternative or a full refund.

Colours: We have made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

5. Orders and Payment

Order Acceptance: Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.

Payment: We accept various payment methods as indicated on our website (e.g., M-Pesa, major credit/debit cards via secure payment gateways). You agree to provide accurate and complete payment information.

Fraud Prevention: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

6. Shipping and Delivery

Shipping Partner: We deliver orders across Kenya using Wells Fargo Courier Services. Delivery charges and timelines may vary depending on your location.

Delivery Fees:

• Within Nairobi: Flat rate of KES 280
• Outside Nairobi: Charges vary by location and will be communicated during checkout or upon order confirmation.

Delivery Timelines:

• Within Nairobi: Next-day delivery (for orders placed before 3:00 PM).
• Outside Nairobi: 1–3 working days depending on your location.

Delivery Address Accuracy: Please ensure your shipping address is accurate and complete. We are not responsible for delays, non-delivery, or additional costs due to incorrect or incomplete address information.

Risk of Loss: All items purchased from Eva Nairobi Art Supplies are made pursuant to a shipment contract. This means the risk of loss and title for such items passes to you upon our delivery to the courier (Wells Fargo).

7. Returns and Refunds

We want you to be satisfied with your purchase. If there’s an issue, we’re here to help.

Return Policy:

• Returns are accepted within 2 days of purchase or delivery.
• Items must be unused, in their original packaging, and in resalable condition.
• Items that are opened, used, or damaged after delivery are not eligible for return.
• Custom or personalized orders are non-returnable, except in cases of defect or error on our part.

Return Process: To initiate a return, please contact us via phone or email with your order number and a brief explanation. Returns must be approved in advance.

Refunds:

• Refunds for spoilt or defective items will be processed within 3 working days after we receive and inspect the returned product.
• Refunds are issued via the original payment method.
• Delivery charges are non-refundable, unless the return is due to our error or a defective item.

Damaged or Incorrect Items: If you receive a damaged or incorrect product, please notify us immediately upon delivery and share clear photographs of the item. We will arrange for a replacement or issue a full refund.

8. Intellectual Property

All content on this website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Eva Nairobi Art Supplies or its content suppliers and protected by Kenyan and international copyright laws.

The Eva Nairobi Art Supplies name and logo are trademarks of Eva Nairobi Art Supplies. You may not use these trademarks without our prior written permission.

You may not use any robot, spider, or other automated means to access the Service for any purpose without our express written permission.

9. User Conduct

You agree not to use the Services for any unlawful purpose or in any way that might harm, defame, or otherwise injure Eva Nairobi Art Supplies, its users, or third parties. Prohibited activities include, but are not limited to:

• Posting or transmitting any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content.
• Engaging in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
• Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means.

10. Disclaimers and Limitation of Liability

"As Is" Basis: The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

Limitation of Liability: To the fullest extent permitted by applicable Kenyan law, Eva Nairobi Art Supplies shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

Consumer Protection: Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded under Kenyan law.

11. Indemnification

You agree to indemnify and hold harmless Eva Nairobi Art Supplies from any claims or demands, including legal fees, made by any third party due to or arising out of your violation of these Terms or your violation of any law or the rights of a third party.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Kenya. Any disputes arising shall first be attempted to be resolved amicably. If unresolved, disputes will be submitted to the competent courts of Kenya.

13. Electronic Communications and Signatures

You consent to receive communications from us electronically. 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.

14. Changes to These Terms

We may update these Terms at any time. If a revision is material, we will notify you at least 30 days before the new terms take effect. By continuing to use our Services, you agree to be bound by the revised Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Eva Nairobi Art Supplies and supersede all prior agreements.

17. Contact Us

Email: nairobiartsupplies@gmail.com
Phone: +254 777 438 481 / +254 745 054 049
Business Hours:
Monday – Friday: 9:00 AM – 5:00 PM
Saturday: 9:00 AM – 1:00 PM
Sunday: Closed

Address:
Eva Nairobi Art Supplies
Magunas Building, 2nd Floor
Behind Naivas Mountain Mall
Roasters Stage, Thika Road
Nairobi, Kenya

Last Updated: July 15, 2025