Returns Policy

1. Preliminary and purpose of the Returns Policy
   1. The Neviive Africa regards all those involved in purchase of our products, their organization, their colleagues and other members of staff as its clients. Client satisfaction is our priority
   2. At Neviive Africa, we highly value our clients and would like to maintain a healthy relationship with them while maintaining the reputation of our organization. This Returns Policy (hereinafter called the “Policy”) applies to every client in order to improve their customer experience and provide basic guidelines whenever a client purchases, returns or intends to return purchased products.
   3. Neviive Africa may at its sole and unfettered discretion define and limit any parameters concerning returns of items once they have been sold, delivered and / or distributed.
   4. Since not every issue has been comprehensively provided for in this Policy, any mater that has not been adequately addressed in this Policy shall be handled in good faith by the Partners of Neviive Africa. The decision of the Partners shall be final and binding.

2. General guidelines on returns and refunds
   1. If you are unhappy with your purchase, please contact Neviive Africa and we will be happy to assist you. We would be happy to either exchange the items, give a refund and/or issue you with a Neviive Africa store credit / loyalty card for use on a future purchase on www.neviive.com or directly from our stores.
   2. Refunds only apply to items that are defective. For any other reasons whatsoever that make you dissatisfied with your product, we can either exchange and/or offer you a store credit / loyalty card. If you believe that you have received an incorrect item, please contact us within twenty-four (24) hours of receiving your package.
   3. In order to receive a refund or exchange your product, customers must notify Neviive Africa within two (24hours) of receiving their order. Once Neviive Africa has been notified, instructions on the return will be given to the customer. Neviive Africa must receive the item back within seven (1) day of issuing return instructions.
   4. All product returns must be unworn, unwashed, free of any stains from makeup, unaltered and in the same condition they were delivered in with the original tags, packaging and accessories. You must include the original invoice/ packing slip for returned items.
   5. Pursuant to Kenyan health and safety laws, lingerie and swimwear cannot be returned, refunded and/or exchanged for any reasons whatsoever due to hygiene considerations. 
   6. If returning by mail, customers will be responsible for covering shipping costs to return items and shipping charges must be prepaid. We are not responsible for lost packages or stolen packages. Without proof of receipt and delivery, Neviive Africa will not issue return credit or Loyalty Cards.
   7. Please note further that original shipping fees are non-refundable and return shipping costs are the customer’s responsibility.

3. Reserved rights
   1. At its sole and unfettered discretion, Neviive Africa reserves the right to reject requests for refunds, returns, exchanges and/or store credit because of suspicious activity, abusive behaviour, multiple / excessive returns behaviour or any other suspected fraudulent behaviour.
   2. Similarly, Neviive Africa reserves the right to refuse service (both in-store and online) to any customer or entity, due to similar actions as noted above. 
   3. Neviive Africa is under no obligation to give details of the reason for rejecting a refund, return, exchange or issue of a store credit. However, Neviive Africa representatives may reach out to you to discuss the situation and the best way to resolve the issue.
   4. Non-Neviive Africa items and stale returns sent to our distribution center will be discarded upon receipt.
   5. In the event of an unauthorized return, Neviive Africa reserves the right to discard the items without compensating the returning party.

4. Indemnity and extent of liability

The client hereto agrees to defend and indemnify Neviive Africa from; without limitation, any obligation, loss or penalty arising from their fault, willful misconduct or negligence arising from returns of already purchased or distributed items that do not comply with this Returns Policy.

5. Confidentiality

The client and Neviive Africa shall maintain the confidentiality of any correspondence or information marked as private and confidential which shall be obtained or offered in the course of purchasing or returning items to Neviive Africa in particular and the customer-seller relationship in general. Disclosure can only be made when required by law. This is a continuing obligation that survives the termination of the customer-seller relationship. Provided that confidentiality shall not apply to the fact that a customer-seller relationship exists.

6. Severability clause

This Returns Policy is severable where any provision is determined to be invalid, inoperable, illegal or unenforceable and such provision shall be deemed to be deleted without affecting the remaining parts of this Policy. 

7. Entirety clause
   1. This Policy, including its incorporated documents and authorized notices, shall embody the entire and complete understanding and agreement between the parties on returning of items. It contains all the matters determining and governing the mutual rights, duties and liabilities of the parties during the customer-seller relationship. 
   2. Provided that, this Policy is operable as between the customer and Neviive Africa and neither party may assign or transfer a portion or the entire portion of any matter related hereto, and/or ancillary, incidental or connected with the return of purchased or distributed items to a third party without prior and mutual consent of the parties hereto.

8. Jurisdiction and dispute resolution
   1. This Policy was issued in Nairobi, Kenya and as such, all matters related hereto, and/or ancillary, incidental or connected with the return of purchased or distributed items shall be governed and interpreted in accordance with the Laws of Kenya which shall be in force from time to time.
   2. The parties shall work together in good faith to boost customer and service provider satisfaction. However, where any dispute, difficulties or doubts arise between the parties regarding the obligations, validity, implementation, interpretation as well as the propriety of anything done or omitted to be done under this Policy, the parties shall try to resolve the matter amicably by mutual agreement through alternative dispute resolution mechanisms (for example negotiation, mediation and arbitration).
   3. In case a consensus is not reached, within fourteen (14) consecutive calendar days, then every such dispute or question shall be referred to arbitration by a single arbitrator appointed by the parties and in default of such agreement; three arbitrators in accordance with the rules of United Nations Commission of International Trade Law (UNCITRAL) Model Arbitration Law or any statutory modification or re-enactment thereof for the time being in force together with its practice and procedure. The seat of such arbitration shall be in Nairobi, Kenya unless Online Dispute Resolution is preferred. If the parties so agree, they can adopt The Arbitration Act, Chapter 49 of the Laws of Kenya (Act no. 4 of 1995) or any statutory modification or re-enactment thereof for the time being in force together with its practice and procedure.
   4. The award or decision of the Arbitrator shall be final and binding on both all parties when any matter is referred for arbitration. Unless the Arbitrator(s) rules otherwise, the costs of the arbitration shall be shared equally by the parties. 

9. Certificate of compliance

     By purchasing products from Neviive Africa, you acknowledge and agree that you have read and understood the terms and obligations of this Return Policy; that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by Policy is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.