Baroneshirts.com (the ‘website’) is owned and operated by Barone Limited, a Kenyan entity registered in the Republic of Kenya under applicable law. Our registered office and operations center is located at Afken Building, Githunguri road, suite B6. More information on other Barone outlets across contact points in the country and authorized dealerships retailing Barone products can be requested for directly from our customer service.

References to ‘Barone’, ‘we’, ‘us’ or ‘our’ are references to Barone Limited, another Barone subsidiary within our Group or to the relevant Brand Partner (where applicable). Please see section on Brand Partners for further information. The Barone Group includes Barone Shirts Limited, Barone Limited and Barone International Limited.

Barone has subcontracted the operation of certain aspects of the website to Woo Commerce. This includes payment processing, hosting and delivery logistics (please see clause 3.3 for more information on payment).

Please note that the delivery logistics service is being provided by Woo Commerce to you, the customer, and as such you are entering into a contract for delivery services provided by Woo Commerce.  Woo Commerce may make a charge for these services which will be shown prior to checkout and your purchase of the products.

By using the website or placing an order, you agree to be bound by these Terms and Conditions. We reserve the right to make changes to the terms at any time. Our new terms will be displayed on the website, and by continuing to use and access the website, you agree to be bound by any variation.

These terms are available in the English language only. Nothing in these terms will affect your statutory rights.

For any further information regarding these terms, please contact our Customer Service team.

2.1 Access

You are provided access to the website for your personal and non-commercial use only. Any access to, or use of, this website will be in accordance with these terms. Please note that we may suspend your access to the website if you do not comply (or we reasonably believe that you are not complying) with these terms, any other terms or policies to which they refer, or any applicable laws.

You may not use the website or its contents to:

• Download or modify the website under any circumstances;
• Interfere with or disrupt any network connected to the website;
• Gain unauthorised access to other computer systems owned by Barone Shirts Ltd; for any purpose which is unlawful.
   

In addition, you may not, in relation to the website, use any:

• Data mining, robots, or similar data-gathering and extraction tools;
• Framing techniques to enclose the trademarks, logos and other proprietary images, text layouts and formats that we use on the website;
• Meta tags or any other ‘hidden text’ that uses our name or trademarks

Using the website does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.

We do not represent or warrant that the material contained in the website, or any of the functions of the website and the server, will operate without interruption or delay or will be error-free, free from defects, viruses or bugs, or compatible with any other software or material. The website is provided ‘as is’. Accessing the website is entirely at your own risk.

Please note: if you choose to access the website from locations outside the Republic of Kenya, you are responsible for compliance with local laws where applicable.

If you have any difficulties using the website, please contact our Customer Service team or refer to our Accessibility Statement.

2.2. Ownership, Use and Intellectual Property Rights

This website and all intellectual property rights in it, including but not limited to any content, are owned by Barone Limited. Intellectual property rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions.

Nothing in these terms and conditions grants you any legal rights in the website other than as necessary to enable you to access the website. You agree not to adjust, circumvent or delete any notices contained on the website (including any intellectual property notices), or any digital rights or other security technology embedded or contained in the website.

2.3. Hyperlinks and Third-Party Sites

The website may contain hyperlinks or references to third-party websites other than the website. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse the third party’s website, products or services. Your use of a third-party website may be governed by the terms and conditions of that third-party website.

3.1. Eligibility to order

You must be over 18 years of age and:

• provide us with your real name, contact information and payment details when creating an order;
• provide us with a delivery address;
• possess a valid payment method that works on our website.

3.2. Order Acceptance

All orders placed on the website are subject to acceptance in accordance with the following:

• You will be given the opportunity to confirm the details of your order, including your address and payment details, prior to completing your order.
• When you place an order, we will send you an acknowledgement email to let you know that we have received your order. This is not an order confirmation or acceptance.
• We will send you a confirmation email to confirm that your order has been dispatched for delivery. This is confirmation and acceptance of your order.
• Unless otherwise agreed, your order will be delivered within 30 days of confirmation of your order. Where we are unable to deliver your order within this period, we reserve the right to cancel your order.
• Once you press the ‘Pay Now’ button, you have given us permission to process your order as requested.
   

We may be unable, or refuse, to accept your order because:

• one or more products in your order are unavailable;
• we are unable to process payment for your order, or your chosen payment method has been refused;
• we have identified a pricing or product description error;
• your order fails to meet the requirements of local import restrictions or requirements at your delivery destination.
• you fail to meet our order eligibility criteria or have failed to comply with our terms.

If we are unable to accept your order, our Customer Service team will be in touch with you as soon as possible.

 3.3. Prices, Payment and Charges

Barone has subcontracted certain aspects of the website’s operation, including payment processing, to Woo Commerce. The specific Woo Commerce entity procuring such payment processing services will depend on your location. If you are located in the USA, Woocommerce.com US LLC will procure the payment processing services; if you are located anywhere else in the world, Woo Commerce Intl. Limited will procure the payment processing services.

We take care to ensure products are priced correctly on our website, but occasionally pricing errors may occur. If we have made an error in the price of a product that you have ordered, our Customer Service team will contact you. You will have the option to reconfirm your order at the correct price or cancel it. 

Please note: prices for products on our website may change and offers may be withdrawn at any time. Offers and promotions may be available online only or in-store only. Please check the terms of the relevant offer.

If you are viewing the website from the Republic of Kenya, the product prices advertised are inclusive of the Kenyan VAT. Delivery costs are not included in the prices and will be charged in addition at checkout.

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items internationally, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or if you need to pay them separately. If they are not included, we do not have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local Customs office for further information and a ‘landed cost estimate’ before placing your order.

All credit and debit cards are subject to validation checks and authorisation by your card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment, we will not be liable for any delay or non-delivery.

Should you choose to cancel or return products purchased in a promotion or at a discounted price, you will be refunded for the goods at the price charged at the Checkout. Please note: you are subject to our Returns Policy (see clause 5.4. below) when returning products purchased in a promotion or at a discounted price.

3.4. Product Descriptions, Ingredients and Restrictions

We do not guarantee that the product images you see on our website are an accurate representation; occasionally, colours may differ from the images shown on the website due to your computer/device screen resolution or settings. For further information on products prior to making a purchase with us, please contact our Customer Service team.

All products are subject to availability at the point of purchase. Once a product is sold out, it will be taken off the website and may not be available again. If any products you order are out of stock, we will contact you so that you can cancel the whole or part of your order.

Substitutions will only be made with your prior consent, with the exception of hampers as stated in clause 5.1. If a replacement product has a higher price, you will be liable to pay for the difference in price. If we are unable to contact you, we may cancel the whole order, or cancel the relevant parts and proceed with the transaction.

We cannot be held liable for any allergic reactions in relation to the use or consumption of products. For specific information about materials and allergies in any of our clothing, please refer to the specific product page or contact our Customer Service team.

4.1.         Delivery Options

Our delivery options vary by shipping destination, product and service. Please contact our Customer Service team for further details.

 4.2.         Delivery Carriers and Time

Deliveries will be carried out by third-party couriers. By placing an order on the website, you agree to the conditions of carriage of our delivery partners. Please refer to their website for full details or see our FAQs.

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 30 days after the date of dispatch. We will try to ensure that your order is delivered by the estimated delivery date; however, there may be circumstances where delivery is delayed because of events beyond our reasonable control. If this happens, we will try and arrange for your products to be delivered as soon as possible; we will not be liable for any losses caused as a result of such delay. Please note: there may be occasional delays with delivery due to busier periods such as the Barone Sale or Rewards promotions. In such instances, our Customer Service team can advise you further on the expected delivery date for your order.

In certain circumstances, our delivery partner may offer alternative delivery options, including the following options: signature release – opting out of the requirement to provide a signature on delivery; and/or leave with neighbour – redirecting the delivery to a neighbour (‘On Demand Delivery Service’). By selecting to receive your order via one of these options, you acknowledge and agree that we are neither responsible nor liable for any loss or damage that may result from this service.

Nominated Day Delivery

This service is only available on products purchased on our website.
The nominated delivery day will be stated in your order confirmation email. 
On occasion, we may experience delivery delays for reasons beyond our control. In such instances, our Customer Service team will contact you as soon as possible.
Orders must be placed before 3pm to arrive the next day using our nominated day delivery service.
Please note: product exclusions apply including but not limited to third party companies and our brand partners.

4.3.         Proof of ID

For some orders, products may require proof of ID upon delivery.

4.4.         Delivery Restrictions

Please note: we may be restricted from delivering certain products outside of the Republic of Kenya. These restrictions are subject to change dependent on a number of factors, including local import restrictions. Please note: information on delivery restrictions is also shown on individual product pages. We can only deliver to one shipping address per order, including hamper orders.

4.5.         Delivery Taxes & Duties

Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items internationally, you may need to pay import duties upon receipt of the products. We might not notify you during the check-out process if import duties are included. Unfortunately, we have no control over these charges and we cannot advise on their amount. The payment of any such import duties or taxes is your responsibility. Before placing your order, please contact your local Customs office for further information and a ‘landed cost estimate’. Barone Limited is not responsible for items confiscated or delayed by local Customs authorities.

For US customers, we do not collect sales or use tax in all states. Your purchase may be subject to sales or use tax, unless your state is exempt from taxation. Many states require a sales/use tax return filing at the end of the year for taxable purchases that were not taxed (including internet purchases) and payment of use tax on those purchases. For more details, please contact your local customs office/respective tax authority.

It is your responsibility to comply with all requirements imposed by the local Customs authority in relation to your order. This may include the provision of identification information in order to receive your order. Before placing an order, we recommend that you make yourself aware of local import duties or other requirements. We will not be liable or responsible if you breach any such laws.

Certain countries may also require other certification or information for your order to be delivered, which may delay your delivery (by approximately seven days on top of the destination’s standard delivery time). Please note: if we are unable to obtain the relevant documentation required for your delivery, we may need to cancel your order.

4.6.         Click and Collect Orders

We offer a Click and Collect service to collect your order at certain Barone locations. If Click and Collect is available for your order, this will be displayed at the checkout. Please note that Click and Collect is not available for all purchases or at all Barone locations. Once you have selected Click and Collect as your delivery option and completed your order, we cannot re-direct your order to another location or address.

We will notify you when your order is ready to collect at your chosen Click and Collect location during the relevant store opening hours (please note that delivery timeframes are provided as an estimate only). You must bring your order confirmation email and valid proof of ID to collect your order.

You may also be permitted (at our discretion and subject to availability) to try on some or all of your items at the Click and Collect location (limited to select items only).  

We will keep Click and Collect orders for 10 days at your chosen Barone location before retuning items to our warehouse. We will issue a refund when the order has been received at our warehouse.

Barone shall not be liable for any losses or expenses suffered, or any disappointment caused by your failure to collect your order within the timeframes above, if you fail to provide appropriate documentation to collect your order, or if the fittings rooms are unavailable at the time of collection. 

5.1.         Online Returns and Cancellations

Please see Barone’ Returns Policy in section 5.5 for information on returns and exchanges.

5.2.         Returns Process

We offer a full refund (excluding delivery costs) on any items returned to us within 14 days of the delivery date. For your convenience, we provide a free pick-up service for all returns. 

For Click and Collect orders, you can also return your unwanted items to any Click and Collect location.

Please see our FAQs for further information.

If you wish to return any products delivered directly by Barone, please follow the specific instructions provided with your order. We cannot process your returns in-store or via Barone’s distribution Centre. Please see Brand Partners section for further information.

5.3.         Order Cancellation

Depending on where you live, you have a legal right to cancel your order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or equivalent consumer legislation in the world. You are entitled to cancel your order within 14 days of receipt. Please note: your right to cancel does not apply to products listed in Non-Returnable Products.

Once the products are returned to us, you will receive a full refund, including the original delivery costs. You will be liable to arrange and cover the full cost of returning the order to us.

To exercise this right, please contact our Customer Service team. Please ensure that you state clearly that you wish to cancel, providing your order number, your contact details and details of the products you wish to cancel.

If an order has already been dispatched for delivery, please wait until you have received your order before exercising your return rights.

5.4.         Refunds of Shipping and Duties

While we offer free returns for all orders, the original delivery cost won’t be included in your refund. Please note: if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, you will be responsible for reclaiming duty directly from your local Customs office.

5.5.         Barone Returns Policy

In addition to your statutory rights, Barone offers the following rights of return:

Unwanted products may be returned for a refund or exchange if they are returned unused and in their pristine condition. Please note: the removal of security tags will be taken as evidence of a product’s use by you; the product cannot be returned in these circumstances.

Refunds will be provided against the original form of tender, except for in-store purchases of special orders and sale items; which will be refunded as a Gift Card

If through your handling the products have decreased in value, we may deduct the amount of such loss from the amount reimbursed to you. If you are returning your product by post, please include your personal details and the best way for us to get in touch with you; otherwise we will be unable to process your refund. 

Refunds and exchanges on purchases made on an event day or with other promotional discount will be calculated at the reduced price. Where a complimentary gift has been issued with a purchase, the gift must also be returned.

Subject to your cancellation rights under the Rights of Cancellation (Consumer Contracts Regulations 2013), returns must be made within 14 days with proof of purchase. Returns are subject to the exclusions and restrictions listed below (please see ‘Non-Returnable Products’ below). If you need to return large or heavy items, please contact our Customer Service team.

Purchases made during our Christmas or Summer Sale periods may be subject to different returns policies. Please refer to our FAQs for further details.

Please contact our Customer Service team to arrange a return for a product purchased in one of our affiliate stores.

If you believe your products are faulty, please contact our Customer Service team.

This policy may be changed from time to time at our discretion.

Non-Returnable Products

The following products cannot be returned:

– Products that are personalised, bespoke, altered or otherwise made to your specification

– Limited Edition Goods

– Out of season products

– Flash sale items

– Any other products designated as non-refundable at the time of purchase
 

In addition to the list above, the following items cannot be returned for purchases made in-store at Barone-designated shopping points:

– Fur items and exotic skins

 – Limited-edition items

– Eveningwear

Please note that special Terms and Conditions apply regarding certain returns. Please contact our Customer Service team for further information.

Refunds and exchanges will not be permitted for purchases made in-store on Sale purchases after the last day of the applicable Sale.

– How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.  

– Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

– If a court finds part of this contract illegal, the rest of the contract will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any parts of them are unlawful, the remaining paragraphs will remain in full effect.

– Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking of this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not follow you but we continue to provide the products, we can still require you to make the payment at a later date.

– These terms are governed by Kenyan law and legal proceedings should be brought to the appropriate courts. You can bring legal proceedings in respect of the products in the Kenyan courts. If you live in the capital, you can bring legal proceedings in respect of the products in either the county-level or the magistrate courts.

– Unresolved disputes are handled by an independent body. Alternative dispute resolution (ADR) is a process where the independent body considers the facts of a dispute and produces a written determination which is binding on Barone, meaning that you do not need to go to court. The ADR scheme is free for consumers to use. If you are not happy with how we have handled any complaint, you may want to contact a Government approved ADR provider.