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Kindly carefully read the below Terms and Conditions below before placing any order for any of the Goods or Services from https://market.artcaffe.co.ke/.
By placing an order for any of the Goods or Services from this Website, or by any other available channel, you agree to be bound by these Terms and Conditions.
We are Artcaffé Market operating under the Artcaffé Coffee and Bakery Ltd. umbrella unless otherwise stated.
2.1. “Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you;
2.2. By “Privacy Policy” we mean the policy accessible on our Website which details how we collect and store your personal data;
2.3. “you”, “your” and “yours” are references to you, the person accessing this Website, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Artcaffé Coffee and Bakery Ltd. will also bound you to these Terms and Conditions;
2.4. “we”, “us”, “our”, and ” Artcaffé Coffee and Bakery Ltd. ” are references to the Company;
2.5. “Goods” is a reference to any goods which we may offer for sale from our Website from at a given time;
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;
2.7. “Food Delivery” references perishable goods and any form of delivery service of which we take full responsibility.
2.8. “Website” is a reference to our website https://market.artcaffe.co.ke/ or any other platform we will choose to offer our goods or services.
3.1. All items remain the property of Artcaffé Group until payment has been made in full
3.2. Artcaffé Group reserves the right to refuse to sell any goods
3.3. Payments can be made via mobile money or by debit card payments
3.4. Artcaffé Group holds stock of all items and has a policy to dispatch within 24 hours of receipt of your order. If for any reason there is likely to be a delay, we will contact you immediately with the details.
3.5. Under no circumstances can we be held liable or accountable for failed deliveries due to inaccurate address details provided to us by a customer. It is the customer’s responsibility to check details thoroughly, both at the time of order and in the Order Confirmation.
3.6. To cancel your order you must notify us in writing before the end of the 7 days.
3.7. In the unlikely event that your item reaches you faulty or damaged, we will be happy to take them back and refund your money.
3.8. Artcaffé Group reserves the right to refuse refunds where it is deemed either by us or by-product manufacturer that product misuse has occurred. Items claimed as faulty may be returned to us for testing, and in the event that no manufacturing defect is present, these items will be returned to you.
3.9. You have up to 30 days after dispatch of your order to inform us via our customer care of any items not received. After this time it is more difficult for us to trace packages and so we cannot be held responsible.
4.1. All products are subject to availability
4.2. Artcaffé Group reserves the right to change any product price before you place an order.
4.3. Artcaffé Group reserves the right to cancel orders where incorrect pricing has been listed.
4.4. Artcaffé Group reserves the right to alter these Terms and Conditions at any time
5.1. Allergies Advice: If you have a food allergy, intolerance or sensitivity, please be advised that food prepared here may contain these ingredients: dairy, eggs, wheat, cereal, soybean, peanuts, tree nuts, sesame seeds, mustard, fish, shellfish, sulphites and celery. While we take the utmost care in preparing our dishes due to our operations and shared cooking equipment, we cannot guarantee you that these ingredients would not have come into contact with your dish. Neither staff nor managers can alter this advice nor assure otherwise.
These Terms and Conditions govern the purchase and use of Artcaffe Gift Cards. By purchasing, receiving, holding or redeeming an Artcaffe Gift Card, you accept these Terms and Conditions. Please read them before use.
1.1 "Artcaffe", "we", "us" or "our" means Artcaffe Coffee & Bakery Limited, a company incorporated in the Republic of Kenya under registration number C.147873, with its registered office at Allied Industries, Godown 3 & 4, Babadogo Road, Babadogo, Nairobi, Kenya.
1.2. "Artcaffe Account" means an account opened by a person or an entity with Artcaffe on the Artcaffe Market online store platform.
1.3 "Balance" means the monetary value remaining on a Gift Card at any given time.
1.4 "Bearer instrument" means an instrument issued by Artcaffe that entitles any person in possession of it to exercise the rights it carries, without any requirement for Artcaffe to establish that such person is a Purchaser, Recipient or otherwise authorized Holder.
1.5 "Business Day" means any day other than a Saturday, Sunday, or official public holiday that has been gazetted in the Republic of Kenya in which Banks are open for business.
1.6 "Date of Issue" means the date on which a Gift Card is successfully activated and delivered to the Purchaser’s email address or phone number.
1.7 "Expiry Date" means the date as indicated on the Gift Card and in the notification received by the Purchaser.
1.8 "Gift Card" means a digital gift card issued by Artcaffe, identified by a unique code and carrying stored monetary value in Kenya Shillings.
1.9 "Gift Card Code" means the unique code indicated on the Gift Card.
1.10 "Holder" means any person in possession of a valid Gift Card code and includes a Purchaser or a Recipient.
1.11 "Promotional Gift Card" means a Gift Card issued by Artcaffe, at the sole discretion of Artcaffe, and on terms that will be communicated by Artcaffe at the point of issuance.
1.12 "Purchaser" means the person who buys a Gift Card and includes a Corporate Purchaser.
1.13 "Participating Outlets" means Artcaffe Market, Artcaffe (café), and Artcaffe Gastro Bar outlets in Kenya, together with the Artcaffe Market online store at artcaffemarket.co.ke and the Artcaffe Call Centre. A current list of Participating Outlets is available at this link or this other link.
1.14 "Recipient" means the person to whom a Gift Card is delivered.
2.1 Gift Cards are sold exclusively through the Artcaffe Market online store at artcaffemarket.co.ke. Gift Cards are not sold at Artcaffe outlets, by telephone, or through any third-party reseller unless expressly authorised by Artcaffe in writing.
2.2 Gift Cards are issued in Kenya Shillings only. The minimum value is KES 1,000 and the maximum value is KES 100,000 per card.
2.3 Payment is processed through our authorised payment provider, Paystack. A Gift Card is issued only once payment has been received by Artcaffe and confirmed in full and the Purchaser shall receive a digital receipt.
2.4 No fee is charged for the purchase, issue, holding or redemption of a Gift Card. No dormancy, service or inactivity fee is deducted from the Balance at any time.
2.5 Gift Cards are issued in digital form only. Artcaffe does not currently issue physical gift cards. Purchasers agree to be solely liable for the digital custody of their Gift Cards upon issuance by Artcaffe.
3.1 Once payment is confirmed, the Gift Card is activated and delivered to the email address and, where provided, the mobile number supplied by the Purchaser at checkout. The Purchaser may elect to have the Gift Card delivered immediately or on a future date selected at checkout.
3.2 It is the Purchaser's responsibility to ensure that the Recipient's contact details are entered accurately. Artcaffe is not liable for a Gift Card delivered to an incorrect address or number supplied by the Purchaser.
3.3 Artcaffe will send notifications by email and SMS when a Gift Card is issued, when it is redeemed, and before it expires. Notifications are sent to the contact details recorded against the Gift Card.
3.4 Non-receipt of a notification does not extend the validity period or otherwise affect these Terms.
4.1 A Gift Card is valid for six (6) months from the date of issue. The expiry date is stated on the Gift Card and in the issuing notification.
4.2 On expiry, any unredeemed Balance is forfeited and the Gift Card ceases to have value. An expired Gift Card cannot be redeemed, extended, renewed, reactivated, refunded, topped up, carried forward, resold, reversed, converted for cash or exchanged, and no replacement card will be issued for a forfeited balance.
4.3 Artcaffe will send an expiry reminder to the contact details recorded against the Gift Card before the expiry date. Sending such a reminder is a courtesy and does not create any obligation to extend validity. The Purchaser acknowledges the Expiry date indicated on the Gift Card and accepts sole responsibility for redeeming the Balance before the Expiry Date.
4.4 Partial redemption does not extend the validity period. The original expiry date continues to apply to any remaining Balance.
5.1 A Gift Card may be redeemed against the purchase of goods and services at Participating Outlets, as follows:
Artcaffe Market — in store and online at artcaffemarket.co.ke
Artcaffe (café) — in store and on orders placed through the Artcaffe Call Centre
Artcaffe Gastro Bar — in store and on orders placed through the Artcaffe Call Centre
5.2 The same Gift Card code is used for both online and in-outlet redemption. To redeem, the Holder presents or enters the Gift Card code at checkout.
5.3 A Gift Card may be redeemed in part and used on more than one occasion until its Balance is exhausted or it expires, whichever occurs first.
5.4 Where the transaction value exceeds the Balance, the Holder shall pay the difference using any other payment method accepted at that outlet, or, where the redemption is for Artcaffe goods and not services, elect to limit the goods selected so that their total value falls strictly within the Balance of the Gift Card.
5.5 A Gift Card is a bearer instrument. It is not linked to a named customer or account, and any person in possession of a valid code may redeem it, whether or not they are logged in to an Artcaffe account and whether or not they are the intended Recipient.
5.6 The Holder may check the Balance at any time here.
5.7 Gift Cards may not be used to purchase other gift cards, and may not be applied to [ANY EXCLUDED CATEGORIES — e.g. alcohol, tobacco, delivery fees, third-party platform orders. Confirm with Finance and Legal].
5.8 Gift Cards cannot be redeemed on third-party delivery platforms, including Uber Eats, Glovo and Bolt Food.
6.1 A Gift Card cannot be exchanged for cash, in whole or in part. No change is given on redemption; any unspent value remains on the card as a Balance until it is used or expires.
6.2 A Gift Card is not a bank account, an electronic money instrument, a payment card or a deposit. It carries no interest and confers no rights other than those set out in these Terms.
7.1 Gift Card purchases are final. A Gift Card is non-refundable and cannot be cancelled or returned once it has been issued and delivered, except where required by applicable Kenyan law, by an order from a court or by an order from a regulatory authority.
7.2 Where a Gift Card has been issued in error on the part of the Purchaser, has not been redeemed in any part, and the Purchaser notifies Artcaffe within fourteen (14) business days of purchase, Artcaffe may at its discretion cancel the Gift Card and refund the Purchaser through the original payment method.
7.3 Where goods purchased using a Gift Card are returned in accordance with the Artcaffe returns policy, any refund due is credited back to a Gift Card and not paid in cash. A refund credited in this way carries the expiry date of the original Gift Card.
8.1 The Gift Card code is the sole means of redemption. The Holder is responsible for keeping the code secure and must not disclose or publish it.
8.2 Artcaffe is not responsible for Gift Cards that are lost, stolen, deleted, forwarded, shared or redeemed without the Recipient's authority. Because a Gift Card is a bearer instrument, Artcaffe cannot verify that the person redeeming it is the intended Recipient.
8.3 A lost or stolen Gift Card cannot be replaced and any Balance on it cannot be recovered. We may, however, issue a new card subject to internal approval and upon the Purchaser providing proof of purchase. Each decision to issue a new Gift Card in replacement of a stolen Gift Card shall be reviewed on a case-by-case basis.
8.4 Artcaffe is not liable for any loss arising from the disclosure of a Gift Card code by the Purchaser, the Recipient or any Holder. The Purchaser agrees to hold Artcaffe harmless from any loss arising from the disclosure of the Gift Card or any of its content after delivery of the Gift Card to the address provided by the Purchaser.
9.1 The purchase of a Gift Card is the purchase of stored value and not the supply of goods or services. Accordingly, no KRA eTIMS tax invoice or eTIMS QR code is issued at the point of purchase.
9.2 An eTIMS-compliant receipt is issued at the point of redemption, when the Gift Card is applied to the purchase of goods or services at a Participating Outlet.
9.3 Corporate Purchasers requiring documentation for accounting purposes will receive a Shopify invoice at the point of purchase, and eTIMS receipts as and when the Gift Cards are redeemed.
10.1 Companies, organisations or any such entity that may be regarded as a Corporate Purchaser for purposes of this Clause 10, may purchase Gift Cards in bulk. To place a corporate order, contact our Corporate Sales team through corporatesales@artcaffe.co.ke or 0113 717 538.
10.2 Corporate orders are processed as follows: Artcaffe raises a draft order and issues an invoice link; the corporate Purchaser settles the invoice in full; Artcaffe then issues the Gift Cards. Gift Cards are not issued before payment is received in full. The Corporate Purchaser shall provide Artcaffe with a complete and accurate list of Gift Card Recipients as a CSV file, in a format provided or communicated by Artcaffe, for the limited purpose of issuing, delivering and administering the Gift Cards.
10.3 The corporate Purchaser supplies the list of Recipient email addresses and mobile numbers after payment has been received. The corporate Purchaser is responsible for the accuracy of that list and for obtaining any consent required to share Recipients' personal data with Artcaffe for the purpose of issuing the Gift Cards.
10.4 All other provisions of these Terms, including the six-month validity period and the non-refundable nature of Gift Cards, apply equally to corporate and bulk purchases.
10.5 Purchasers must not resell Artcaffe Gift Cards to the public or through any third-party platform without the prior written consent of Artcaffe. In the event of breach of this Sub-Clause, Artcaffe reserves the right to take any action it considers appropriate, including cancelling or suspending affected Gift Cards under Clause 12 of these Terms and Conditions, pursuing all remedies available in law or in equity or restricting the Purchaser’s ability to place further orders with Artcaffe.
10.6 Corporate Purchasers are reminded that no eTIMS QR code is issued at the point of purchase. Clause 9 applies.
11.1 Artcaffe may issue Gift Cards free of charge as part of a promotion, campaign, goodwill gesture or compensation.
11.2 Promotional Gift Cards may carry a shorter validity period, a restricted redemption scope, or other terms and conditions at the sole discretion of Artcaffe, which will be stated at the time of issue. Where such terms and conditions conflict with these Terms and conditions, the terms and conditions stated at issue shall prevail.
11.3 Promotional Gift Cards carry no cash value, are non-refundable in all circumstances, and are not replaceable if lost.
11.4 After their expiry, Promotional Gift Cards cannot be redeemed, extended, renewed, reactivated, refunded, topped up, carried forward, resold, reversed, converted for cash or exchanged for an ordinary Gift Card.
12.1 Artcaffe may refuse, suspend, cancel or void a Gift Card, and may decline a redemption, where it reasonably suspects fraud, unauthorised acquisition, tampering, misuse, resale in breach of clause 10.5, breach of any valid legislation in the Republic of Kenya or any other breach of these Terms and Conditions.
12.2 Artcaffe may void a Gift Card where the payment for it is reversed, charged back, declined or otherwise not honoured.
12.3 Where a Gift Card is cancelled under this clause, Artcaffe will notify the Purchaser at the contact details held on record and will refund any sum properly due to the Purchaser.
13.1 Artcaffe collects and processes the personal data of Purchasers and Recipients — including name, email address and mobile number — for the purposes of issuing, delivering, notifying on and administering Gift Cards.
13.2 This data is processed in accordance with the Data Protection Act, 2019 and the Artcaffe Privacy Policy available here.
13.3 Artcaffe is a registered Data Controller in the Republic of Kenya and undertakes to:
13.3.1 Process Personal Data only in accordance with the purposes in Clause 13.1 of this Agreement;
13.3.2 Ensure the reliability of any of our personnel with access to such personal data and that such personnel have a binding obligation to protect the confidentiality of such Personal Data;
13.3.3 Comply with the specific security and data protection obligations imposed on our personnel by the prevailing data protection laws and subsequent regulations in the Republic of Kenya; and
13.3.4 Implement and maintain all such technical and organizational security measures and procedures necessary or appropriate to preserve the security and confidentiality of Personal Data; and
13.3.5 To protect such Personal Data against unauthorized or unlawful disclosure access or processing accidental loss destruction or damage.
14.1 Artcaffe may amend these Terms from time to time. The version in force at the date a Gift Card is issued governs that Gift Card, save where an amendment is required by law or operates to the benefit of the Holder.
14.2 The current version of these Terms is published here. We encourage Purchasers, Recipients and Holders to review these Terms and Conditions from time to time to remain up to date on the prevailing Terms and Conditions.
15.1 Artcaffe's total liability in respect of any Gift Card is limited to the unredeemed Balance of that Gift Card.
15.2 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including any rights the Holder may have under the Consumer Protection Act, 2012 or under any current legislation in the Republic of Kenya.
16.1 These Terms are governed by the laws of the Republic of Kenya.
16.2 Any dispute, claim or controversy arising out of or in connection with a Gift Card shall be subject to the exclusive jurisdiction of the courts of Kenya. Artcaffe and the Purchaser/Recipient/Holder (herein the aggrieved Party) will first attempt to resolve any dispute, claim or controversy in good faith through Artcaffe customer service.
16.3 Where the dispute, claim or controversy cannot be resolved through good faith negotiations, Artcaffe and the aggrieved Party shall resort to a court of competent jurisdiction.
17.1 Any and all notices, demands, or other communications required or desired to be given hereunder by any Party shall be in writing and shall be validly given or made to the other Party.
17.2 If such notice, demand or other communication is given electronically, such notice shall be conclusively deemed given at the time of such communication by the notifying Party.
17.3 If any notice or demand is served personally to Artcaffe, notice shall be deemed made upon acknowledgement by Artcaffe at the address listed below:
Artcaffe Customer Service
Email: customercare@artcaffe.co.ke
Telephone: 0709828282
Balance enquiries: here.
18.1 Purchasers and Corporate Purchasers hereby represent, warrant, and undertake that they are in full compliance with, and shall continue to comply with, all prevailing anti-money laundering and counter-terrorism financing laws and regulations in force in the Republic of Kenya including but not limited to, the Proceeds of Crime and Anti-Money Laundering Act, CAP 59 Laws of Kenya, and the Prevention of Terrorism Act, CAP 59B of the Laws of Kenya.
18.2 Purchasers and Corporate Purchasers warrant that all funds used to purchase Gift Cards are from legitimate sources and such funds do not constitute proceeds of criminal or illegal conduct, money laundering or of terrorism financing.
18.3 Artcaffe reserves the right to immediately take action under Clause 12 of these Terms and Conditions, without liability, if a Purchaser or Corporate Purchaser breaches any of the representations, warranties or undertakings set forth in this Clause, or if required to do so by any regulatory authority or court of competent jurisdiction due to concerns related to money laundering or terrorism financing.
19.1 The waiver by us of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach.
20.1 In an event where any provision of these Terms and Conditions is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain to be enforced.
