Terms and Conditions

Personal Information

Kinniho.com is a registered online B2B as well as B2C E-Commerce Market Place in Nepal. This Privacy Policy provides succinctly the manner your data is collected and used by us on the Site. As a visitor to the Site, you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by kinniho.com in the manner provided in this Privacy Policy.

Delivery of Goods

Free Delivery is only applicable inside Kathmandu valley, and within major cities of Nepal only. But in case of other than that applicable charges will be added. 

Services overview 

As part of the registration process on the Site, Kinniho may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address, etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

Eligibility and Conditions 

Services of the Site and store would be available to almost all geographies in Nepal. Kinniho reserves the right to deliver or cancel any deliveries at any time due to some circumstances that the shop may face or due to any reason the shop may deem right.

People who fail to provide accurate location details are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

Kinniho may not be able to cater to your order and may delay or cancel your order on its own due to lack of stock, government holidays, mismatch of consumer order and number, closure of the shop, closure of roads, weather condition or any other reason. The customer has to check and verify the bill amount and product details during the time of delivery and cross-check if the products are all delivered and are complete as mentioned in the bill during delivery. Any complaints of missing products will not be entertained after the delivery boy or girl has received the payment and left the location. Any grievances due to these severe conditions will not be entertained.

Certain items which are shown in stock during the time of online order might not always be available during the time of delivery. If customer has already paid for stock out product Kinniho will happy to provide related products of his/her choices. The final bill that is given to the customer at the time of delivery and the products matching that final bill will be considered as the actual transaction between the customer and the Site.

Any addition of goods in the bill which can be made by the customer via the phone, Facebook messenger, or any other means apart from the website will be at the customer's own risk and own acceptance in line with the website's terms and conditions. The addition of items and the price should be verified during the time of delivery by the customer. Any grievances of missing items or price confusion should be clarified by the customer during the time of delivery and before payment.

Kinniho.com reserves the right to refuse to deliver the products to the customer and take the products back and cancel the orders if the customer doesn’t pick up the call during the time of delivery.

Misbehavior with our delivery personnel will also result in Kinniho.com Cancelling your order and refusing to deliver at the discretion of the delivery boy or girl.

Delivery may take 1 day or more and may sometimes take a maximum of 30 days from the day of order completion, however kinniho.com will try to deliver at the earliest.

Order Confirmation via mail doesn’t guarantee the delivery of products due to Kinniho.com’s own problems (Stock over, holidays or any other reason that Kinniho.com may face in its operation)

No orders made outside of www.kinniho.com will be considered (Unless Kinniho.com willfully caters under a special request made over call or text or social media message)

Refund or replacement of the products will be done only if the customer clicks the picture of the damaged goods and mails us at our official email on the same day of delivery date and should be matching with the bill date and product list. Refunds can take 1- 7 days and if the customer chooses replacement of the products, it can take 1-10 days or result in money refund if stocks are over. 

Pricing 

All the products listed on the Site will be sold at the rate mentioned in the website or unless otherwise specified in the final bill of the order given during delivery. The prices mentioned at the time of ordering may change on the date of the delivery but will be informed via call to the customer if they still want to continue with the products and the new price. This will be as a result of increase of price from the supplier’s end or in the rise of market price due to any economic condition or market response. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery the case may be mutually resolved at the time of the delivery of the order.

 

Cancellation by Site / Customer

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service but should be done 5 hours before your delivery time. Once the goods are received and payment is made then cancellation can’t happen unless the products are damaged and if the customers follow the due process for damaged products refund or replacement process. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them and ban the customer from using our online service.

You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by kinniho.com for redelivery shall be claimed from you.

That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.

You will provide authentic and true information in all instances where such information is requested of you. Kinniho.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.

You authorize Kinniho.com to contact you for any transactional purposes related to your order/account.

That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

Gaining unauthorized access to other computer systems.

Interfering with any other person’s use or enjoyment of the Site.

Breaching any applicable laws;

Interfering or disrupting networks or web sites connected to the Site.

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification of Terms & Conditions of Service

Kinniho.com may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you can choose to discontinue using the service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of Nepal.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of KINNIHO.COM. Such disclosure, submission or offer of any Comments shall constitute an assignment to KINNIHO.COM of all rights, titles and interests in all copyrights in the Comments. Thus, KINNIHO.COM owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. KINNIHO.COM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. KINNIHO.COM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.KINNIHO.COM does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant KINNIHO.COM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify KINNIHO.COM and its affiliates for all claims resulting from any Comments you submit. KINNIHO.COM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Indemnity

You agree to defend, indemnify and hold harmless Kinniho.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to KINNIHO.COM or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Rights, payment of statutory dues, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by Kinniho.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. KINNIHO.COM may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to KINNIHO.COM. Upon any termination of the User Agreement by either you or KINNIHO.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. KINNIHO.COM’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Kinniho.com would like to tell the user to not use our services if you do not accept the terms and conditions mentioned on our website and that the customer is responsible to check the terms and conditions and then only use our online website services.


 

Refunds and Return Policy

1. Application for Returns/Refunds

Subject to the terms and conditions in this Refunds and Return Policy and the Terms of Service, Buyer may apply for return of the purchased items (“Item”) and/or refund prior to the expiry of the Kinniho Guarantee Period as stated in the Terms of Service.
Kinniho Guarantee is a service provided by Kinniho, on User’s request, to assist Users in dealing with certain conflicts which may arise during the course of a transaction. Users may communicate with each other privately to resolve their differences or approach their relevant local authorities to assist them in overcoming any dispute prior, during or after using Kinniho Guarantee.

2. Application for the Return of an Item

Buyer may only apply for the refund and/or return of the Item in the following circumstances:

Please note that, if required by Kinniho, Buyer must ship the Item to a location designated by Kinniho within ten (10) calendar days after the return request is raised.

The approval of your request for refund and return will be made by Kinniho in its sole discretion.  Buyer acknowledges and agrees that Kinniho’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against Kinniho or its affiliates in relation to such decision.

In the event where Buyer has commenced legal action against Seller, Buyer may provide the formal notification from the appropriate authority to Kinniho to request Kinniho to continue to hold the purchase monies until a formal determination is available. Kinniho will, at its sole and absolute discretion, determine whether it is necessary to continue to hold such purchase monies.

3. Rights of Preferred Sellers

If you are a Preferred Seller, you should have received a separate written notification from Kinniho informing you of your selection to participate in the Kinniho Preferred Seller Program.  If you decide not to participate in the Kinniho Preferred Seller Program at any time, please inform Kinniho in writing; otherwise, you will be deemed to have elected to continue your participation in the Kinniho Preferred Seller Program and consented to the terms and conditions set out in this Refunds and Return Policy.  Kinniho may, at any time and at its sole discretion, suspend or remove any Preferred Seller from the Kinniho Preferred Seller Program.  

Kinniho’s determination to approve a refund or return of an Item pursuant to Section 2 above is binding on the relevant Preferred Seller.  Preferred Sellers agree to comply and do all such things as necessary to give effect to a Buyer’s request for a refund or return approved by Kinniho.
For any refund or return request approved by Kinniho, Kinniho will notify the Preferred Seller by email (“Email Notification”) and organize the delivery of the relevant returned Item to the address provided by the relevant Preferred Seller to Kinniho in writing for the completion of the refund and return process, so long as such address is in the country in which the relevant Item was listed for sale on the Site (a “Local Address”).  If Preferred Seller fails to provide a Local Address for return of the returned Item or otherwise fails to accept delivery of the returned Item within a reasonable period of time (as determined by Kinniho), Kinniho reserves the right to dispose of such Item in any manner it sees fit and Preferred Seller shall be deemed to have forfeited all rights to such Item.  Preferred Seller must notify Kinniho within seven (7) days of receiving the Email Notification (“Notification Period”) if Preferred Seller does not receive the returned Item.  Failure to notify Kinniho within the Notification Period shall be conclusive evidence of, and result in the Preferred Seller having accepted that, the delivery of the Item has occurred, and Preferred Seller agrees not to make any claims or raise any disputes regarding any such Item.

Notwithstanding the above, Kinniho may determine at its sole and absolute discretion that an Item approved for refund or return shall not be returned to Preferred Seller, and Preferred Seller shall be deemed to have forfeited all rights to such Item.  

For any refund or return rejected by Kinniho where the relevant Item was received by Kinniho, Kinniho will organize the delivery of such Item to the relevant Buyer’s address pursuant to Section 2 above.    

Where Kinniho approves any refund or return request, Preferred Seller may appeal such decision by contacting Kinniho and providing evidence in support of such appeal.  If Kinniho upholds Preferred Seller’s appeal, it will disburse all or part of the purchase monies to Preferred Seller.  Preferred Seller acknowledges and agrees that Kinniho’s decision is final, conclusive and binding, and covenants and agrees that it will not bring suit or otherwise assert any claim against Kinniho or its affiliates in relation to such decision.

4. Rights of Ordinary Sellers

For the purpose of this Refund and Return Policy, Ordinary Sellers are Sellers that are not Mall Sellers or Preferred Sellers.
When Kinniho receives an application from Buyer for the return of the Item and/or refund, Kinniho will notify Seller in writing. Seller may respond to Buyer’s application according to the steps provided by Kinniho in the written notification. Seller must respond within the time-frame stipulated in the written notification (the “Stipulated Period”). Should Kinniho not hear from Seller within the Stipulated Period, Kinniho will assume that Seller has no response to Buyer’s application and will proceed to assess Buyer’s application without further notice to Seller. Kinniho will review each Seller’s response on a case-by-case basis and, in its sole discretion, determine whether Buyer’s application may be successful against the circumstances stated by Seller.

5. Condition of Returning Item

To enjoy a hassle-free experience when returning the Item, Buyer should ensure that the Item, including any complimentary items such as accessories that come with the Item, must be returned to Seller in the condition received by Buyer on delivery. We will recommend Buyer to take a photo of the Item upon receipt.

6. Liability of Product Return Shipping Fee

i) In the scenario of an unforeseen error from the seller's end (i.e - damaged, faulty or wrong product delivered to the buyer), the seller will bear buyer's return shipping fee.
ii) In the scenario of the buyer's change of mind, buyer shall get seller's consent prior to the return request and buyer will bear the return shipping fee.
iii) In the scenario where both seller-buyer disputing the party liable for the return shipping fee, Kinniho at its sole discretion will determine the party liable for the return shipping fee.

7. Refunds

Buyer will only be refunded after Kinniho has received the confirmation from Seller that Seller has received the returned Item. In the event where Kinniho does not hear from Seller within a specified time, Kinniho will be at liberty to refund the applicable sum to Buyer without further notice to Seller. The refund will be made to Buyer’s credit/debit card or designated bank account, whichever is applicable.

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