Terms and Conditions
Effective Date: 1st January 2025
Welcome to ZubeidaAutoSpares.com (the “Website”). These Terms and Conditions (“Terms”) govern all sales of goods and services by Zubeida Auto Spares Ltd (“we”, “us”, “our”) to any purchaser or user (“you”, “your”, “Client”). By accessing or using this Website, you agree to be bound by these Terms.
1. Scope & Applicability
1.1 These Terms apply to all sales of goods and services supplied by us to you.
1.2 These Terms supersede all prior agreements, negotiations, communications, or representations (whether oral or written)
including any terms and conditions proposed by you.
1.3 Any variation to these Terms shall only be valid if agreed in writing and signed by an authorised director of
Zubeida Auto Spares Ltd.
2. Account Creation
2.1 To place an order, you may be required to create an account and provide accurate and complete information, including:
2.1.1 Individual or company name
2.1.2 Tax Identification Number (where applicable)
2.1.3 Valid email address and phone number
2.1.4 Delivery address and contact details
2.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under
your account.
3A. Online Checkout, Order Placement & Acceptance
3A.1 By clicking “Pay Now,” “Confirm Order,” “Proceed to Checkout,” or any similar button on the Website, you submit a
binding offer to purchase the selected goods and/or services.
3A.2 An order confirmation generated automatically by the Website does not constitute acceptance of your order.
Acceptance occurs only when:
3A.2.1 Payment is successfully received; and
3A.2.2 We issue a tax invoice, delivery confirmation, or dispatch notification.
3A.3 We reserve the right to cancel or amend any order prior to dispatch in the event of:
3A.3.1 Stock unavailability;
3A.3.2 Pricing or system errors;
3A.3.3 Incorrect product selection by the customer (including vehicle mismatch).
3A.4 All product images, compatibility tools, vehicle selectors, and descriptions displayed on the Website are for guidance
only and do not constitute a guarantee of fitment.
4. Pricing & Payment
4.1 All invoices are payable in full within twenty-one (21) working days from the invoice date, unless otherwise stated.
4.2 Late payments shall attract interest at 10% per annum, calculated daily on the outstanding balance.
4.3 We reserve the right to suspend deliveries or services without notice where payment is overdue.
5. Debt Recovery
5.1 If payment remains outstanding for more than sixty (60) days after the due date, we may appoint a debt collection
agency.
5.2 You agree to reimburse all reasonable legal, administrative, and collection costs incurred in recovering overdue amounts.
6. Taxes & Withholdings
6.1 All prices are inclusive of VAT, duties, levies, or other applicable taxes.
6.2 Any withholding tax required by law shall be your responsibility and shall not reduce the amount payable to us.
7. Shipping & Delivery
7.1 Delivery timelines are estimates only and are not guaranteed.
7.2 Risk of loss or damage transfers to you upon delivery of the goods.
8. Returns & Refunds
8.1 Returns are accepted only where:
8.1.1 An incorrect item was supplied; or
8.1.2 The product is unused, unfitted, and in its original, undamaged packaging; and
8.1.3 A Return Material Authorisation (RMA) has been issued by us.
8.2 You must notify us in writing within eight (8) days of delivery to request an RMA.
8.3 Returned goods must be accompanied by the RMA reference.
8.4 We reserve the right to charge a restocking fee of up to 25% of the invoice value for unauthorised or non-defective returns.
8.5 Proof of purchase, photographs, or inspection may be required before approval.
9. Warranty Disclaimer
9.1 Except where expressly stated in writing, all goods are supplied “as-is”.
9.2 We disclaim all implied warranties, including warranties of merchantability or fitness for a particular purpose, to the
fullest extent permitted by law.
10. Claims Procedure
10.1 Any claim relating to defective goods or services must be notified in writing to our registered office within eight (8)
days of delivery or service provision.
10.2 Failure to notify within this period shall constitute irrevocable acceptance of the goods or services.
11. Advertising Services
11.1 Third parties may apply to display advertisements on the Website.
11.2 All advertising content is subject to our approval, and we reserve the right to reject or remove any advertisement
without notice.
12. Limitation of Liability
12.1 Our total liability arising under or in connection with these Terms shall not exceed the total amount paid by you for the
relevant order.
12.2 We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits,
data, or goodwill.
13. Force Majeure
13.1 Neither party shall be liable for failure or delay in performance caused by events beyond reasonable control, including
acts of God, strikes, shortages, or governmental actions.
14. Intellectual Property
14.1 All intellectual property rights in materials supplied by us remain our exclusive property.
14.2 You are granted a limited, non-transferable licence solely for the intended purpose.
15. Data Protection
15.1 We process personal data in accordance with applicable data protection laws.
15.2 Further details are set out in our Privacy Policy.
16. Severability & Waiver
16.1 If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.
16.2 Failure to enforce any right shall not constitute a waiver.
17. Governing Law & Jurisdiction
17.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
17.2 Any dispute shall be subject to the exclusive jurisdiction of the courts of Mombasa, Kenya.
18A. Consumer Rights & Statutory Protections
18A.1 Nothing in these Terms excludes, restricts, or limits any consumer rights granted under the Consumer Protection
Act, 2012 (Kenya) where such exclusion is prohibited by law.
18A.2 Where goods are supplied to a consumer for personal use:
18A.2.1 Goods must be of acceptable quality, safe, and reasonably durable;
18A.2.2 Goods must correspond with the description provided at the time of sale.
18A.3 The consumer’s statutory remedies (repair, replacement, or refund) shall apply only where:
18A.3.1 The defect existed at the time of delivery; and
18A.3.2 The product has not been installed, altered, misused, or damaged by improper handling.
18A.4 No refund or replacement shall be due where a part is incompatible due to incorrect vehicle details provided by the
customer.
🚗 Spare Parts Fitment & Vehicle Compatibility
19. Vehicle Information & Fitment Responsibility
19.1 You are solely responsible for ensuring that the spare part ordered is compatible with your vehicle.
19.2 Where vehicle details (registration number, VIN, engine type, model year) are provided:
19.2.1 We rely entirely on the accuracy of the information supplied by you;
19.2.2 We shall not be liable for incompatibility arising from incorrect or incomplete details.
19.3 Installation or attempted installation of a part constitutes acceptance of the product.
🔩 Repairs, Services & Third-Party Garages
20. Repair & Service Orders
20.1 From time to time, we may offer repair, installation, or service options through independent third-party garages
(“Partner Garages”).
20.2 Where you select a repair or service option:
20.2.1 The service may be performed by a Partner Garage nominated by us or selected by you;
20.2.2 The service fee may be charged through our Website or invoiced separately.
20.3 Zubeida Auto Spares Ltd acts solely as:
20.3.1 A facilitator; or
20.3.2 A booking and payment intermediary and not as the provider of repair or mechanical services.
21. Limitation of Liability – Repairs & Services
21.1 We do not warrant or guarantee the workmanship, timelines, or outcomes of repairs performed by Partner Garages.
21.2 Any claim relating to:
21.2.1 Poor workmanship;
21.2.2 Mechanical failure;
21.2.3 Delays or negligence during repairs shall be pursued directly with the Partner Garage.
21.3 Our liability, if any, shall be limited strictly to:
21.3.1 The supply of the spare part; or
21.3.2 Refund of the service facilitation fee (if charged by us).
🧾 Service Fees, Estimates & Variations
22. Service Pricing & Variations
22.1 Any service fee quoted online is an estimate unless expressly stated as fixed.
22.2 Additional work identified during inspection may require:
22.2.1 Your prior approval; and
22.2.2 A revised quotation.
22.3 We are not responsible for cost variations imposed by Partner Garages without our involvement.
🔐 Payments, Credits & Refunds
23. Payments, Credits & Refunds (Online Orders)
23.1 Payments made through the Website are processed via secure.
23.2 Refunds (where applicable) may be issued:
23.2.1 To the original payment method; or
23.2.2 As store credit, at our discretion.
23.3 Processing times for refunds may vary depending on the payment provider.
Privacy Policy
Effective Date: 1st January 2025
1. Data We Collect
1.1 We may collect the following information:
1.1.1 Name (individual or company)
1.1.2 Email address
1.1.3 Phone number
1.1.4 Tax Identification Number (optional)
1.1.5 Delivery address
2. How We Use Your Data
2.1 Your personal data is used to:
2.1.1 Process and fulfill orders
2.1.2 Communicate with you
2.1.3 Provide customer support
2.1.4 Maintain transaction and accounting records
3. Data Sharing
3.1 We do not sell your personal data.
3.2 Data may be shared only:
3.2.1 With logistics or delivery providers for order fulfillment; or
3.2.2 Where required by law or court order.
4. Data Storage & Security
4.1 Personal data is stored securely.
4.2 Access is restricted to authorised personnel only.
5. Your Rights
5.1 You have the right to:
5.1.1 Access your personal data
5.1.2 Request correction or deletion
5.1.3 Withdraw consent where applicable
5.2 Requests may be sent to: info@zubeidaautospares.com
6. Cookies & Tracking
6.1 We do not currently use tracking technologies such as Google Analytics or Meta Ads.
7. Policy Updates
7.1 We may update this Privacy Policy from time to time.
7.2 Any changes will be published on this page with a revised effective date.
Contact Information
info@zubeidaautospares.com
+254 795 158 351
Zubeida Auto Spares Ltd