Welcome to Burn Manufacturing’s online store. These Terms and Conditions govern your use of our website and the purchase of products. By accessing or using our website, you agree to comply with these terms. If you do not agree with our terms of use of this website, please visit any one of our physical stores where you will be assisted to purchase our products.
Registration and account
You must be at least 18 years old to use our website and purchase products. By using this site, you confirm that you have the legal capacity to enter into a binding contract.
You will be required to provide an email address/user ID and password to register an account and you agree to:
a) keep your password confidential and notify us in writing immediately if you become aware of any disclosure of your password. If you authorize any third party to manage your account on your behalf this shall be at your own risk.; and
b) be responsible for any activity on our website arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.
Burn may, in its sole discretion, suspend or cancel your account, and/or edit your account details, at any time and without notice or explanation if you have breached these general terms and conditions, provided that we will refund you in respect of any products that have been paid for but not received in accordance with our refund policy.
If we permit the registration of an account on our website it will remain open indefinitely, subject to these general terms and conditions. You may cancel your account on our website by contacting us on [*]
Acceptance of Terms
By placing an order through our website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Website Content
All Goods displayed on BURN’s website are uploaded by including; image(s) of the product, a description, model number, product features, price and warranty duration.
Although BURN strives to ensure the accuracy of information provided on the Goods and on this website generally, such information (such as product images) may be impacted by the brightness of your screen, may contain slight or unintended errors or may not be updated to display prevailing market conditions.
If details published about a product are incorrect due to a typographical error, BURN reserves the right to update such information and may cancel any orders placed. In such case, BURN will contact you to communicate the variation and seek your confirmation to proceed with or cancel the order.
Definitions
In this document, the following words shall have the following meanings:
1. “Affiliates” means persons Controlled by, Controlling or under common Control with BURN and “Control” means the power to direct, directly or indirectly, the management of another person or entity.
2. “BURN” means Burn Manufacturing USA LLC and its Affiliates.
3. “Customer” means the organisation or person who buys Goods from this website;
4. “Goods” means the articles presented on this website to be supplied to the Customer by Burn through an order made on this website;
5. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
6. “Term” means these terms and conditions for sale and purchase of Goods, as read together with other terms set out in BURN’s website.
These Terms are applicable to all sales channels and the definitions in this section shall apply to other information available on this website, unless the context demands a different interpretation.
Ordering Process
• Placing an Order: You can place an order through our website by selecting your desired products and proceeding through the checkout process. Once you have finished adding items to your shopping cart and are ready to complete your transaction, Select the ‘Checkout’ button in the cart area. Follow the steps by entering the requested details for your delivery and the payment details until you receive the order confirmation and the e-mail summary of your order.
• Order Confirmation: You will receive a confirmation email/SMS/WhatsApp message once your order has been successfully placed.
You acknowledge and agree that a contract for the sale and purchase of a product or products will come into force between you and Burn, and accordingly you commit to buying the relevant product or products, upon confirmation of purchase via email or call.
Price and Payment
1. The price shall be BURN’s quoted price or the price as listed in BURN’s published price list as at the date of acceptance of an order unless otherwise agreed between BURN and the Customer.
2. BURN reserves the right to reject an order from a Customer at their own discretion without having to give a reason to the Customer.
3. The price is inclusive of VAT or any other applicable tax or duty, or government levies payable, or other applicable costs unless quoted separately.
4. The purchase price shall not include special packaging, branding that the customer might require, insurance nor any other incidental cost.
5. The payment of the price and any other applicable costs and taxes shall be due within the agreed terms from the invoice/statement date, without any discount and/or setoff. BURN reserves the right to set off any amount owed to the Customer.
6. The Customer shall fully pay to BURN all costs incurred as a result of the Customer’s failure to fulfil its obligations under the Agreement in full and/or on time, including interest charge, bank charge, collection costs and legal fees.
7. We accept the following payment methods: Pesapal, Ipay Mpesa and Mpesa on Delivery where you can pay via Mpesa at the time of actual delivery of your order to your doorstep, without requiring you to make any advance payment online.
8. For split orders, delivery fee is charged separately for each individual invoice.
9. For any failed or unsuccessful transaction where payment has been made, please contact our customer service through [*]Products out of stock
In the event that the Goods requested by a Customer are out of stock, customers are at liberty to select alternative Goods or wait till such Goods are procured. BURN will not be liable in any way for any breach of these Terms in the event any Goods requested by a Customer are out of stock.
Terms of Delivery
1. Delivery will only occur after our Customer Care agents have verified the order with you via phone. Delivery fees may vary based on location and the method chosen (home delivery or pick-up service).
2. Delivery of the Goods shall take place at the address specified by the Customer on, or as close as possible to the date required by the Customer unless otherwise agreed between the parties. The Customer shall make all arrangements necessary to take delivery of the Goods at the place and time they are tendered for delivery. Acceptance of the Goods by or on behalf of the Customer shall be deemed to be full and unconditional acceptance of these Terms
3. If BURN is unable to deliver the Goods because of actions or circumstances under the control of the Customer, then BURN shall be entitled to place the Goods in storage until such times as delivery may be affected and the Customer shall be liable for any expense associated with such storage.
4. The delivery periods and dates specified on this website shall not be treated as a final deadline and BURN shall not be liable to the Customer for default of this Agreement by the mere fact that BURN exceeds the agreed delivery period. Please reach out to our customer service desk [*] to get the status of delivery of your purchase.
5. To facilitate the supply of the Goods and in consideration of BURN agreeing to supply the Goods on these Terms, the Customer hereby undertakes to pay the purchase price and any other amounts due by the Customer to BURN strictly prior to accepting delivery of the Goods.
6. Any damages, shortages, over deliveries and duplicated orders should be reported to BURN within 48 hours of signed receipt to enable replacement, refund or alternative solutions.
7. Where the Customer would like to collect an order made, they would be required to show proof of identity through their National ID card or passport. If the purchase is to be collected on the Customer’s behalf, the Customer will be required to provide proof of consent as well as a copy of the collector’s identification document.
8. The Customer shall be liable to pay additional charges on delivery from time to time based on the location of delivery as directed by the Customer.
Title
1. Title in the Goods shall only pass to the Customer upon receipt of full payment of the purchase price to BURN.
The Customer acknowledges that holds possession of any and all Goods purchased on this website solely as bailee for BURN until such time that all payments due by the Customer to BURN relating to such Goods are settled in full. The Customer’s right to possession of the Goods shall cease if BURN does not receive payment in full within the stipulated time period of all amounts due and owing by the Customer.
Risk
Risk in the Goods shall pass to the Customer upon receipt of the Goods, being the time that the Goods arrive at the place of delivery, even if the Customer does not expressly accept the delivery. Where the Customer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Warranties
The Customer warrants to BURN that:
1. the Customer has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement;
2. the Customer will comply with all applicable legal and regulatory requirements necessary for the fulfilment of its obligations under this Agreement; and
3. all information provided by the Customer upon registration of an account or otherwise required for the purchase of Goods under this Agreement is true and accurate.
While BURN will ensure the security of its website, the Customer acknowledges that all software is never entirely free from security vulnerabilities; and subject to the other provisions of this Agreement, BURN gives no warranty or representation that the website will be entirely secure.
Return and Exchange of Unused Goods
1. All Goods are sold on a firm sale basis, i.e. BURN will not take back any Goods purchased by the Customer for any reason other than a defect in the Good, in which case the Return Policy shall apply.
2. BURN may decide to issue a refund or provide a credit of the same amount to the Customer upon the return of Goods in accordance with its Return Policy.
3. Inspection: The returned Goods will be inspected and approved by an authorised representative of BURN upon receipt to verify its condition. Customers will be promptly notified if the product qualifies for an exchange.
4. Exchange: If eligible, the Customer will be offered a replacement product.
5. Where BURN agrees to accept the return of Goods that are not damaged, the Customer will be responsible for any costs involved in delivering the Goods to BURN and will ensure that they are carefully packaged to avoid any damage in transit. BURN will not be obliged to accept any Goods that are damaged in any way.
6. BURN will not accept Goods which have been damaged, or tampered with or products which are health-related.
7. BURN will not accept returns of Goods which have been held by the Customer for more than 1 month even if the Goods are in good condition.
Limitation of Liability
1. BURN’s aggregate liability to a Customer in respect of any sale contract concluded on this website under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. For purposes of this clause, each separate transaction on the website shall constitute a separate contract.
2. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.
3. Notwithstanding paragraph 1 above, Burn will not be liable for:
a) any losses occasioned by any interruption or dysfunction to the website;
b) any losses arising out of any event or events beyond its reasonable control;
c) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
d) any loss or corruption of any data, database or software; or
e) any special, indirect or consequential loss or damage.
Intellectual Property Rights
Subject to the express provisions of these Terms, the Customer acknowledges that:
a) Burn, together with its licensors, own and control all the copyright and other intellectual property rights in this website and the material on the website; and
b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Any third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and Burn cannot grant any license to exercise such rights.
Promotions
BURN may, from time to time, offer different types of promotions on their Goods. Such promotions shall be undertaken as per the terms and conditions issued by BURN.
Offers to Customers have a validity period and can only be claimed within the specified time.
Product Warranty
BURN shall offer a 12 months warranty on all wood and charcoal products. All products and Goods are covered by warranties against manufacturing defects and faults.
Third-Party Links and Cookies
Some content, products and services may include materials from third parties – we advise that you familiarize yourself with their terms and conditions as you engage in any transactions and sign-ups. BURN shall not be responsible for any transactions or activity on third party sites.
Force Majeure
BURN shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to failures of the internet or telecommunications network, virus or other malicious software attacks or infections which affect Burn’s website r payment systems, acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or unavailability of raw materials, hacker attacks, denial of service attacks, and BURN shall be entitled to a reasonable extension of its obligations. If the delay persists for more than 14 days, Burn may terminate the contract without liability on its part in which case any prepaid amount for such product shall be refunded to the Customer within 5 Business Days.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Kenya and the parties hereby submit to the exclusive jurisdiction of the Kenyan courts.
General
1. Burn Manufacturing reserves the right to modify these Terms at any time without prior notice, as permitted by law.
2. Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms shall be deemed to construe either of the parties as to the agent of the other.
3. These Terms shall apply to any Agreement for purchase of Goods on this website, to the exclusion of any standard terms and conditions specified by the Customer or implied by law, trade custom, practice or course of dealing.
4. .If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
5. The contract between the Customer and BURN for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Customer, without the prior written consent of BURN. BURN may assign or transfer any of its obligations under these Terms by issuing notice to the Customer.
6. The failure by either party to enforce at any time or for any period any one or more of the Terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms hereunder.
7. Each party shall be responsible for their own compliance with the relevant data protection laws including the Data Protection Act, 2019 and all corresponding Regulations under it, any other applicable data protection laws, as well as BURN’s Privacy Policy.
Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact us at