Welcome to EatClean Foods Co. By accessing or using our website, you agree to comply with the following terms and conditions.

Please read them carefully. Your use of this website constitutes your agreement to the Terms and Conditions at the time of your visit, (last updated on 12th of February, 2025). If you do not agree, please do not use our site.

1. About us
1.1 Company details. EatClean Foods Company Ltd (Registration Number [PVT-MKUM3YME]) (we and us) is a company registered in Kenya and our registered office is at [Kileleshwa, Nairobi, Kenya].

1.2 Contacting us. To contact us call us on [+254732885622] or email [info@eatcleanfoodsco.com].

2. Our contract with you

2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract) on our website, social media pages, mobile applications or other digital platforms (collectively “the website or Online Platforms”) and your access to and use of the content, postings, links, pages, services, and/or other materials offered on the website or Online Platforms, and any products purchased through this website or Online Platforms. No other terms are implied by trade, custom, practice or course of dealing.

2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Placing an order and its acceptance

3.1 Placing your order. To place an order, you are required to follow the onscreen instructions provided on our website or contact us directly through our Online Platforms. Each order you submit constitutes an offer to purchase the specified goods (Goods) in accordance with these Terms.

3.2 Accepting your order. Our acceptance of your order takes place after you make the payment after which you will receive a notification of acceptance of your order , at which point the Contract between you and us will come into existence.

4. Our Goods

4.1 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colours, sizes, dimensions and measurements (“Product Display”) accurately, we cannot guarantee that your computer’s Product Display accurately reflects the features of the Goods. The Product Display of your Goods may vary slightly from those images.

4.2 We may occasionally offer promotions on our website and Online Platforms. Please note that these promotions are only available for a limited duration.

4.3 Product descriptions, prices, and availability are subject to change without notice.

4.4 Bulk purchases. We permit bulk purchases of the Goods via our website, including specific botanicals intended for industrial use (Botanicals). Please note that these specific botanicals are not listed on our website or any of our Online Platforms. For all bulk purchases of the Goods on our website and/or the Botanicals you are required to contact us directly to discuss your requirements and to receive a tailored offer.

5. Returns, refunds and exchanges

5.1 Refunds or exchanges shall be granted solely under the conditions stipulated in this section.

5.2 If you have returned the Goods to us under this clause 5 because they are faulty, we shall exchange at our discretion after we have assessed your complaint in accordance with clause 10.

5.3 If an item is sold out but ordered before we update our website, we will process a refund. Refunds may take 3-5 working days.

5.4 Mix-up in an Order

5.4.1. In the event that an incorrect item is received, an exchange may be facilitated under the following conditions:

(a) The item must be returned with the seal and packaging remaining intact; and
(b) Notification of such must be provided within 72 hours of receipt.

5.4.2. The return and re-shipping costs will be borne by us if we determine that the error is on our part.

5.5 Items purchased under promotions cannot be exchanged or refunded under any condition, except in cases of sold-out items or defects.

6. Delivery, transfer of risk and title

6.1 The following delivery costs and times apply to our orders:

Nairobi: KES 499 (Same-day deliveries for orders placed before noon within Nairobi)
Countrywide: via Wells Fargo KES 699
Within East Africa: Rates vary

6.2 You must provide a clear and accurate delivery address when placing your order. You may also arrange for your own delivery if you prefer. Should you require to make alternative delivery arrangements, we require that you contact us directly rather than utilizing our website’s ordering system.

6.3 We will promptly contact you with an estimated delivery date, after we notify you of acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.

6.4 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or your representative or a carrier organised by you to collect them from us and the Goods will be at your risk from that time.

6.5 You own the Goods once we have received payment in full, including of all applicable delivery charges.

6.6 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

6.7 We will inform you once the Goods are ready for delivery and provide an estimated delivery date and time. Subsequently, the Goods will be dispatched to you. Please be advised that the delivery time is an estimate and may be subject to change.

Once the Goods arrive at the delivery address, we shall make reasonable efforts to contact you or your representative to facilitate the delivery. If you or your representative fail to take delivery after being notified that the Goods have been dispatched for delivery, or if you provide an incorrect delivery address, you shall bear any additional delivery charges incurred, including the cost of returning the Goods to us before the Goods are re-released to you. Should you fail to cover any additional costs imposed due to the failure to take delivery of the Goods on time, we reserve the right to retain the Goods and refund you the amount paid for the order, after deducting all costs associated with delivering the Goods to you and returning them to us.

7. International delivery

7.1 We deliver to the countries within East Africa (hereinafter referred to as (“International Delivery Destinations”). Such orders must be placed by contacting us directly via our phone number, WhatsApp or email address and delivery times and courier services will vary depending on the destination.

7.2 . If you order Goods from us for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

7.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

7.4 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.

8. Price of goods and delivery charges

8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in Kenya for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges in schedule 6.1.

8.5 We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9. How to pay

9.1 We accept payment for Goods in cash or M-Pesa where applicable and PesaPal (Mobile Money & Card payments) for online purchases.

9.2 All prices are listed in Kenyan Shillings and include applicable taxes unless stated otherwise.

9.3 If you require a KRA ETR receipt, please provide your company’s PIN number when placing the order and confirm receipt with us before the order is processed. Note that we will not issue an ETR receipt after the final receipt has been generated.

9.4 Payment for the Goods, as well as delivery charges, must be made in advance. Should you elect an alternative delivery method, you will be responsible for any additional delivery charges incurred.

10. Our warranty for the Goods

10.1 The goods are in compliance with Kenya’s established quality standards. We provide a warranty that on delivery, the Goods shall:

(a) subject to clause 4, conform in all material respects with their description; and
(b) be free from material defects; and
(c) be of satisfactory quality.

10.2 Subject to clause 10.4, if:

(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 10.2, there has been an order mix-up or the Goods are sold-out;
(b) we are given a reasonable opportunity of examining the Goods and/or the order placed; and
(c) we ask you to do so, you return the Goods to us at your cost,
we will, at our option, replace the defective Goods.

10.3 We will not be liable for breach of the warranty set out in clause 10.2 if:

(a) you make any further use of the Goods after giving notice to us under clause 10.3;
(b) you alter the Goods without our written consent; or
(c) the defect arises as a result of your wilful damage or negligence,.

10.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 10.2 to the extent set out in this clause 10.

10.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

11. Links to Other Sites

11.1 We provide links to other websites on our site. Links to such websites are provided as a convenience to you, and your use shall be at your own risk. We do not endorse linked sites and is not responsible for the content or practices of any linked site. The content of the linked site and your use of the linked site are governed in accordance with the terms of use for those websites. You should refer to each such website’s individual terms of use and not rely on this Agreement when accessing a linked site.

11.2 In no event will we be liable, directly or indirectly, to anyone for any damage or loss arising from or related to any use, continued use, or reliance on any content, material, or products on any linked website.

12. Our liability

12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

12.2 We only supply the Goods for internal use and you agree not to use the Goods for any resale purposes.

12.3 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) any other liability that cannot be limited or excluded by law.

12.4 Subject to clause 12.3, we will under no circumstances be liable to you for:

(a) any loss of profits, sales, business, or revenue;
(b) loss of business opportunity;
(c) loss of anticipated savings;
(d) loss of goodwill; or
(e) any indirect or consequential loss.

12.5 Subject to clause 12.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the aggregate the price of the Goods.

13. Events outside our control

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 14 days or as otherwise specified by you. Please note that a cancellation does not entitle you to any refund. To initiate a cancellation, please contact us.

14. General

14.1 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

14.2 Intellectual Property. All content on this site, including images, text, and logos, is the property of EatClean Foods Co. and are protected by intellectual property laws.

14.1 Changes to Terms and Conditions. We reserve the right to update these terms or make changes to the website, including content, services, or products, at any time without notice to you. We reserve the right to update these terms at any time. Changes will be posted on this page with the updated date. You should review the latest postings on each visit to our website. Please note that your use of the website following such revision, modification or amendment indicates your acceptance to such revision, modification or amendment.

14.2 Governing law and jurisdiction. The Terms and Conditions are is governed by the Laws of Kenya and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of Kenyan courts.