Terms of Use

1. Overview

Forte Curate Collective (Forté) operates this website (forte.shopping). Throughout the site, the terms ‘Forté” “Forte” “we,” “us,” and “our” refer to Forte Curated Collective. By using our website and/or purchasing something from us, you engage in our “Service” or “Services” and agree to accept all terms, conditions, policies, and notices stated here.

It is your responsibility to review these terms periodically for changes. If you do not agree with any part of these terms, you may not use our website. By using our website, you confirm that you are of legal age to enter into a contract or have obtained parental/guardian consent to do so.

2. Products or Services

While we strive to display products as accurately as possible, we cannot guarantee that the images fully reflect the products, and the actual product and packaging may vary slightly.

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice and shall not be liable for any such modification, price change, suspension, or discontinuance.

We reserve the right to limit the quantities of any products and services that we offer, modify or discontinue the Service (or any part thereof) prices and descriptions of our products without notice and shall not be liable for any such modification, price change, suspension or discontinuation.

We do not warrant that the quality of any products and services purchased will meet your expectations. We do not guarantee that the products and services sold on our website will work as stated, and results may vary for different users. We do not provide any warranties or guarantees regarding the efficacy of the products and services. It is recommended that you conduct your own research before purchasing any products or services.

3. Prices and Payments

Product prices are (in Kenyan Shillings), which may or may not include applicable taxes, will be indicated on product and order pages when you place your order. Additional fees, such as shipping or handling charges, will be clearly communicated during the checkout process.

We accept payment for the Service through designated modes of payment indicated on our website. For information regarding cancellations and refunds, please refer to sections 6 and 7.

4. Orders and Deliveries

You shall place and confirm orders using the procedure specified on our website. During the ordering process, we will inform you of the expected delivery timeframe for the products and services.

We are not responsible for delays outside our control, such as those caused by suppliers or couriers. In the event of a delay, we will promptly contact you to provide updates.

If you provide an incorrect or outdated address, you are fully responsible for any additional shipping or address correction fees charged by the shipping company, as well as a fee if we need to fill and process a replacement order. No refunds or replacements will be issued for items mistakenly delivered to the wrong address.

If you refuse your shipment, fail to arrange delivery or collection, or if we are unable to contact you, the order amount will be refunded to your account less any delivery fee paid. Shipping and delivery charges are non-refundable.

5. Pre-orders

Some products on our website may be available for pre-order. By placing a pre-order, you agree to pay the full amount, including shipping and handling fees, upfront. Pre-orders are shipped and delivered within 14-21 business days from the date of purchase, subject to availability.

We will strive to keep you informed of the estimated shipping and delivery date. However, we are not responsible for delays or losses beyond our control, such as shipping delays, or unforeseeable circumstances.

Pre-orders can be canceled, and a refund requested within 24 hours of placing the order. After this period, cancellations, refunds, or exchanges are not permitted.

6. Cancellations and Order Changes

All orders are final once processed and dispatched and cannot be canceled or altered. Please carefully review your order before completing your purchase.

Forté reserves the right to refuse service to anyone for any reason. In cases of conflicting interests, disputes, or policy violations, Forté reserves the right to refuse future service and refund monies paid by the customer (unless the order has already been filled and/or shipped) without notice. Pending orders may be canceled due to failure or refusal to review/agree to our terms and conditions, suspicious activity, unverified and unconfirmed accounts, and conflicts.

7. Refund and Return Policy

All sales are final, and we do not accept returns, refunds, exchanges, or replacements unless the products are damaged during transit. If your products are damaged, please inform us within 24 hours of receiving your order, providing detailed information about the damage.

We may request supporting documentation, such as photographs, to facilitate the resolution process. Refunds or replacements for damaged items will be processed at our discretion, and any conditions or requirements will be communicated to you.

8. Personal and Account Information

Your personal information is governed by our Privacy Policy. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our shop.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

You are solely responsible for keeping your passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such passwords or accounts. We are not responsible for any loss or damage incurred as a result of your failure to comply with this section.

By using our website, you agree to receive promotional information from us. Promotional messages may include newsletters, special offers, or other marketing communications. You can opt-out of receiving promotional messages at any time by following the instructions provided in the messages, or contacting us.

By using our website, you allow us to use your personal information to provide our services. You also grant us the authority to provide such information to third-party suppliers and providers who we may engage to provide our services.

9. User Comments, Feedback and Submission

By sending us any comments, suggestions, reviews, feedback, proposals, plans, or other materials (“comments”), you agree that we may, at any time, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy.

We take no responsibility and assume no liability for any comments posted by you or any third-party. Violation of these terms may result in the removal of comments and may lead to the suspension or termination of your account without notice.

10. Errors Inaccuracies and Omissions

We strive to provide accurate and up-to-date information on our website and in the Service, but occasionally, there may be information that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.

If you believe that you have received information that is incorrect or inaccurate, please contact us promptly to address the matter. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11. Disclaimer Of Warranties; Limitation of Liabilities

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Forté, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages. This limitation of liability applies to the fullest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold Forté and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. In such cases, the parties agree to work in good faith to replace the unenforceable provision with a valid provision that achieves, to the extent possible, the original intent of the parties. Such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us through the preferred method of communication that you no longer wish to use our Services or when you cease using our site.

We may terminate this agreement at any time without notice if you fail to comply with any term or provision of these Terms of Service or if we suspect that you have failed to do so. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

15. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

16. Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of Kenya.

Any dispute arising between us from these terms shall be resolved by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. If a settlement cannot be reached, either party may refer the dispute to arbitration by qualified Arbitrators. The arbitration process, including the selection of arbitrators and the venue, shall be conducted in accordance with the laws of Kenya.

17. Changes to Terms

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. Significant updates will be communicated with an effective date. It is your responsibility to check our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. Samples

Complimentary samples may be offered at our sole discretion with the purchase of a full-size product (s) through the Site.

19. Contact Information

If you have any questions about these Terms of Service, please contact us through our customer support email at  social@forte.shopping or our customer support number at ‭010 2301374‬.

Last update: 19-01-2024