TERMS AND CONDITIONS OF SALE

Last Updated: December 12, 2025

These Terms and Conditions ("Terms") govern your use of the website operated by HARDVANT ENTERPRISES LTD (operating the brand Asali Organics) and your purchase of products from us. By accessing our website or purchasing our products, you agree to be bound by these Terms.

1. Definitions and Interpretation

• "Company," "We," "Us," "Our": Refers to HARDVANT ENTERPRISES LTD, a company duly incorporated under the Laws of Kenya, operating the brand Asali Organics.

• "Customer," "You," "Your": Refers to any person or entity purchasing goods from the Company.

• "Goods": Refers to the honey and related products sold by the Company, specifically including Asali Organics Pure African Acacia Honey.

• "Website": Refers to the website located at hardvant.com.

• "Kenyan Law": Refers to the applicable legislation in Kenya, including the Consumer Protection Act, 2012, and the Data Protection Act, 2019.

2. Basis of Sale and Product Information

2.1. Contract Formation: A contract for the sale of Goods is formed only when we dispatch the Goods and confirm acceptance of your order. Any prior communication is merely an acknowledgment of your offer to purchase.

2.2. Product Accuracy (Consumer Protection Act): We ensure all descriptions of the Goods, including sourcing and ethical practices, are accurate. However, as our honey is a natural product, slight natural variations in color, flavor, and texture may occur seasonally.

2.3. Implied Warranties (Consumer Protection Act, Section 5): The Company warrants that the Goods supplied are of a reasonably merchantable quality and are fit for the purpose for which goods of that kind are commonly supplied (consumption).

2.4. Raw Product Disclaimer: Our honey is raw and unfiltered. Customers acknowledge and agree that raw honey is not recommended for infants under the age of twelve (12) months due to the risk of botulism spores.

3. Pricing and Payment

3.1. Pricing: All prices are quoted in Kenyan Shillings (KSh) unless explicitly stated otherwise for international sales. Prices include applicable taxes (such as VAT or DST) as required by the Kenya Revenue Authority (KRA), unless specifically exempted. Delivery charges, if any, will be stated clearly before final checkout.

3.2. Payment Methods: We accept payment via M-Pesa, major credit/debit cards, and other specified electronic payment gateways.

4. Order Fulfillment, Delivery, and Risk

4.1. Delivery Location: We deliver to all counties within the Republic of Kenya and selected international destinations.

4.2. Delivery Time: Delivery estimates are calculated from the point of order confirmation. We are not liable for any losses or expenses arising from delivery delays due to factors beyond our control (e.g., courier delays, traffic, weather).

4.3. Risk and Title (Sale of Goods Act): The risk of damage to or loss of the Goods passes to you at the time of delivery, meaning when the Goods are physically placed in your possession or the possession of your appointed agent or carrier. Title to the Goods passes upon receipt of full payment.

4.4. Cancellation: Orders can only be cancelled if they have not yet been processed for dispatch. Once processing or shipping has commenced, cancellation is not possible due to the nature of the product.

5. Returns, Refunds, and Consumer Rights

5.1. Defective Goods: In compliance with Kenyan Consumer Protection Law, if the Goods delivered are defective, damaged, or significantly inconsistent with the description, you must notify us within seven (7) days of delivery.

5.2. Return Conditions: Due to the perishable nature of honey, returns are generally accepted only if the product is sealed, unopened, and verifiable as damaged during transit or defective upon arrival. We reserve the right to request proof (photographs) of damage before processing a return or refund.

5.3. Refund Process: If a return is accepted, refunds will be processed within fourteen (14) days of our acceptance of the return, using the original payment method where possible.

6. Intellectual Property (IP)

6.1. All content on the Website, including the Asali Organics brand name, the HARDVANT ENTERPRISES LTD name, logos, product imagery, descriptions, and proprietary information, is the property of HARDVANT ENTERPRISES LTD and is protected by Kenyan and international intellectual property laws.

6.2. You may not use, copy, reproduce, or exploit any content without our express written permission.

7. Data Protection and Privacy (Data Protection Act, 2019)

7.1. We are committed to protecting your personal data in compliance with the Data Protection Act, 2019 (DPA).

7.2. By using the Website and making a purchase, you consent to the collection, processing, and storage of your personal data (name, address, contact, payment details) necessary to process your order and comply with Kenyan legal obligations.

7.3. Data Subject Rights (DPA): As a data subject, you have the right to: be informed about how your data is used; access and request corrections to your data; object to or request restriction of data processing; and request the deletion of your personal data (Right to be Forgotten).

7.4. For complete details on how we handle and protect your personal data, please refer to our separate Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by Kenyan Law, HARDVANT ENTERPRISES LTD shall not be liable for any indirect, incidental, or consequential damages resulting from the use or inability to use the Goods or the Website. Our total liability to you for any claim arising out of or related to these Terms or the Goods shall be limited to the amount paid by you for the Goods in question.

9. Governing Law and Dispute Resolution

9.1. Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the Laws of the Republic of Kenya.

9.2. Jurisdiction: You irrevocably agree that the Courts of Nairobi, Kenya shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms.