North Bahari Adventures – Mombasa, Kilifi, Kenya

Terms & Conditions

Last updated: 01/12/2025

Welcome to North Bahari Adventures
These Terms & Conditions govern your use of our website https://northbahariadventures.co.ke/ and any orders you place with us. When you use the Website or place an order, you agree to these Terms. If you don’t agree, please don’t use the Website or buy anything—simple as that.

1. Who we are and how to contact us

Business name / legal name: North Bahari Adventures
Business address: Bamburi Beach, Mombasa, Kenya
Email: boatcaptain@northbahariadventures.co.ke

You can contact us for any questions, returns, complaints, or anything else relating to the Website, products, or services.

2. Definitions

Consumer: a natural person acting for purposes outside their trade, business, craft or profession.
Goods: physical products we sell.
Services: non‑physical offerings, such as digital content, online courses, bookings, or consultancy.
Order: your request to purchase Goods or Services via the Website.

3. Applicability & acceptance

These Terms apply to every Order placed through the Website.
By placing an Order, you confirm that you:
1. accept and agree to be bound by these Terms, and
2. have the legal capacity to enter into a contract (for example, you’re at least 18 years old where required).

4. Pre‑contract information and how the contract is formed

Before you place an Order, we will provide:

a clear description of the Goods or Services;
the total price, including any taxes, duties, delivery or other charges;
payment, delivery, and performance details relevant to the product or service.

Contract formation: your Order becomes binding only once we send you an Order confirmation by email, unless we expressly state otherwise.

5. Prices and payment

Prices shown on the Website are inclusive of applicable taxes and fees, unless stated otherwise.
Payment must be completed by the methods shown at checkout.
We will not add a surcharge for a payment method beyond any actual cost we incur, unless such charges are clearly disclosed.

6. Delivery or performance

Goods: we dispatch to the delivery address you provide. Estimated delivery times are shown at checkout or in the confirmation.
Services or digital goods: we supply or grant access as described on the product or service page and in the Order confirmation.
If there’s any delay, we’ll notify you as soon as reasonably possible.

7. Right of withdrawal / cooling‑off period for consumers in the EU

If you are a consumer buying online from within the EU, you have a minimum 14‑calendar‑day right to withdraw from the contract without giving any reason—this is often called the cooling‑off period. For goods, the period runs from the date of delivery; for services, from the day the contract is agreed. (European Union)

What this means in practice:

You may cancel the Order within 14 days, provided you notify us in writing before the period expires.
You are responsible for the cost of returning the goods during this period, unless we offer to cover it or failed to inform you beforehand. (European Union)
Exceptions apply—certain goods and services are excluded from this right, such as:
- perishable goods, personalised or made‑to‑order items, sealed audio/video/software once unsealed, online digital content once performance has started after your agreement, and others listed by EU guidance. (European Union)

How to withdraw:
To exercise your right to withdraw, contact us at [contact email] with your Order details and your decision to cancel. We will confirm receipt, explain the next steps, and process any refund as required.

8. Legal guarantee for faulty or non‑conforming goods (EU consumers)

Under EU law, consumers are entitled to a minimum 2‑year legal guarantee protecting against faulty goods or goods that do not match the description or are not fit for purpose. (European Union) (eccnet.eu)

If goods turn out faulty or not as described:

You may request remedies such as repair, replacement, price reduction, or a refund, depending on the situation. EU guidance explains these redress options and expectations. (eccnet.eu) (eccnet.eu)
This statutory guarantee is separate from any voluntary commercial warranty we may provide, and does not replace your rights under law.

What we expect from you:

Provide proof of purchase, a description of the defect or issue, and any supporting materials we reasonably need to assess the problem.

9. Returns, refunds, and complaints handling

If you want to return goods, request a refund, or file a complaint:

Contact us at [contact email] with your Order number, description of the issue, and any photos or documents that help explain the problem.
We will acknowledge your message promptly and outline next steps: return instructions, replacement, repair, or refund, as applicable.
We aim to resolve issues fairly and quickly, in line with your statutory rights and these Terms.

Note on refund timing: refund processing times may vary depending on payment method and banking systems. We will try to keep delays minimal.

10. Use of the Website — rules

When using our Website you agree not to:

use it for unlawful or fraudulent purposes;
disrupt or interfere with the Website, servers, or networks;
reproduce or exploit Website content without permission;
impersonate others or misrepresent affiliation.

We may block or suspend access if you violate these rules.

11. Intellectual property

Content on the Website—text, images, logos, graphics, code, and other assets—is owned by us or licensed to us.
You may not copy, distribute, modify, or otherwise use this content unless we give express written permission.

12. Liability and disclaimers

The Website, Goods, and Services are provided as is. Except as required by law, we make no additional warranties.
We are not liable for indirect, incidental, special, or consequential losses arising from use of the Website or purchase of Goods or Services.
Our total liability for any Order is limited to the amount you paid for that Order, to the extent permitted by law.

Important: nothing in these Terms is intended to limit or exclude rights you have under mandatory consumer‑protection laws in your jurisdiction.

13. Changes to these Terms

We may update these Terms from time to time.
Changes take effect when posted on the Website with a new Last Updated date.
Continuing to use the Website or placing an Order after changes are posted means you accept the revised Terms.

14. Governing law and jurisdiction

These Terms are governed by the laws of [Your Country / Jurisdiction].
Any dispute arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction], unless mandatory laws provide otherwise.

If you sell to consumers in other jurisdictions, local mandatory laws may also apply; you should make sure this section aligns with those requirements.

15. Alternative dispute resolution and consumer complaints

Out‑of‑court dispute resolution:
The EU supports alternative dispute resolution (ADR) as a way to resolve consumer disputes quickly and inexpensively without going to court. (European Commission)

What we offer or recommend:

If a consumer dispute arises, you can contact us first at [contact email] and we will explore amicable resolution.
Where applicable, you may choose to use an ADR body in your country or region. EU guidance and tools also discuss ADR and related developments. Note that EU rules have been evolving, including steps to revise ADR frameworks and discontinue the old ODR platform to improve dispute resolution tools. (European Commission)

Optional details to fill in:

Name of ADR entity we participate with: [Name, if any]
Website or contact details of ADR entity: [URL, email, phone]
Note that participation in ADR may be voluntary depending on jurisdiction and our own policies.

16. Data protection and privacy

Your use of the Website and Orders is also governed by our Privacy Policy [link to Privacy Policy]. Please read that policy to understand how we handle your personal data, cookies, and security.

17. Miscellaneous

Severability: if any part of these Terms is held unenforceable, the rest remains in force.
No waiver: if we don’t enforce a right or provision, that doesn’t waive our right to do so later.
Entire agreement: these Terms plus any documents referenced (like the Privacy Policy) form the full agreement between you and us regarding the Website, Goods, and Services.