Terms of sale
Terms and conditions for goods sold by  Mightyape Technologies Ltd. from elevenshops.com.

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and Mightyape Technologies Ltd and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from elevenshops.com and mightyape.co.ke. By placing an order for Goods from  Mightyape Technologies Ltd & elevenshops.com you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions
In these Terms and Conditions:

“Account” means a personal account created by you on the elevenshops.com Website;
“Additional Delivery Charge” has the meaning given in Section 4.4;
“Delivery Charge” has the meaning given in Section 4.3;
“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;
“Direct Website” means elevenshops.com;
“Distribution Centre” means a  Mightyape Technologies Ltd (elevenshops.com) distribution centre open to the public for pre-arranged pre-paid order collections;
“Home Delivery” means a Delivery Option where the Goods to be delivered are “big and bulky” goods;
“ Mightyape Technologies Ltd Website” means elevenshops.com;
“On Demand Delivery” means a Delivery Option where the Order is delivered to you on the same day as you place the Order, or within a selected time period;
“Order” means an order for Goods, placed on the elevenshops.com Website 
“Parcel Delivery” means a Delivery Option where the Order is delivered to you by our courier but is not a Home Delivery or On Demand Delivery;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. CD, DVD, Blu-ray disc, computer game or console game) prior to the official release date of that product;
“Premises” means the premises specified by you for delivery;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;
“Selected Delivery Option” has the meaning given in Section 10.1; and
“Website” means elevenshops.com or Elevenshops (as applicable).
2. Your legal rights under the Consumer Guarantees provided by the Kenyan Law
2.1. Nothing contained in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy or other obligation implied by the Keyan  Consumer Law which cannot by law be excluded, restricted or modified.

2.2. Our goods and services come with consumer guarantees that cannot be excluded under the Kenyan Consumer Law. You may recover damages from  Mightyape Technologies Ltd for any reasonably foreseeable loss or damage that you suffer because of any failure of a service or goods to comply with these guarantees, and:

(a) if the failure to comply with these guarantees for goods is a major failure or cannot be remedied, you are entitled to a replacement or refund. If a failure to comply with these guarantees for goods does not amount to a major failure you are entitled to request  Mightyape Technologies Ltd remedy the failure within a reasonable time and if elevenshops.com fails to do so (by repairing the goods, replacing the goods or providing you with a refund);

(i) you may recover all reasonable costs you incur in having the failure remedied;
(ii) you may (in certain circumstances) be entitled to reject the goods and claim a replacement or refund from  Mightyape Technologies Ltd; or

(b) if the failure to comply with these guarantees for a service is a major failure or cannot be remedied, you may terminate the agreement between you and  Mightyape Technologies Ltd for the supply of the service or recover from  Mightyape Technologies Ltd compensation for any reduction in the value of the service below the price paid or payable by you for the service. If a failure to comply with these guarantees for a service can be remedied and is not a major failure, you may request  Mightyape Technologies Ltd to remedy the failure within a reasonable time, and if it cannot be so remedied you may recover from  Mightyape Technologies Ltd all reasonable costs that you incur in having the failure remedied, or terminate your agreement with  Mightyape Technologies Ltd for the provision of the service.

3. Information about  Mightyape Technologies Ltd’s liability to you
3.1. Except to the extent caused by J Mightyape Technologies Ltd’s negligence or breach of these Terms and Conditions, or as otherwise required by law,  Mightyape Technologies Ltd shall not be liable to you for any loss to you to the extent it is caused by: (i) your Account information being incomplete or inaccurate; (ii) any unauthorised use of your Password or Account which takes place before you notify Mightyape Technologies Ltd; (iii) the Order information you submit being incomplete or inaccurate; (iv) being unable to change or cancel your Order once it has been accepted by  Mightyape Technologies Ltd; (v) your Order not being received, being lost, misdirected or delayed as a result of the facility to place Orders being unavailable due to issues with the Website beyond the reasonable control of J Mightyape Technologies Ltd; (vi) cancellation of your Order by you or someone else using your Account; (vii) delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store beyond the reasonable control of  Mightyape Technologies Ltd; (viii) any delay in you receiving any refund due to you beyond the reasonable control of  Mightyape Technologies Ltd; (ix) any late, lost or misdirected deliveries of Goods beyond the reasonable control of  Mightyape Technologies Ltd; (x)  Mightyape Technologies Ltd leaving the Goods in accordance with any “authority to leave” given by you, (xi) any breach of these Terms and Conditions by you; or (xii) any other loss to the extent resulting from something outside of our reasonable control and within your reasonable control.

4. Pricing & taxes
4.1 Prices for Goods are as shown on the Website.

4.2  Mightyape Technologies Ltd reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by  Mightyape Technologies Ltd.

4.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

4.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). If, within the timescale specified, you do not agree to accept the Additional Delivery Charge,  Mightyape Technologies Ltd will cancel your Order. elevenshops.com will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

4.5 If  Mightyape Technologies Ltd agrees to deliver Goods outside of Kenya, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will be provided Separately.

4.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

4.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Kenyan shillings and are inclusive of tax.

5. Your Account for Orders placed on the  Mightyape Technologies Ltd Website
5.1 If you do not already have an Account you will need to create one before placing an Order on the elevenshops.com Website, unless you utilise the “Guest Checkout” feature of the elevenshops.com Website. If you wish to create an Account, additional functionality on the Website may be available to you, for example, order history, order status, address book and receipt of additional marketing communications.

5.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive.

5.3 You may not set up an Account for someone else.

5.4 Please ensure that you enter all information carefully when creating an Account. You warrant to  Mightyape Technologies Ltd that all information provided by you in relation to your Account is complete, true and accurate

5.5 You must notify Mightyape Technologies Ltd immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

5.6  Mightyape Technologies Ltd may, in its sole discretion, terminate or suspend your Account if  Mightyape Technologies Ltd believes, acting reasonably and in good faith, that this is necessary to protect you or  Mightyape Technologies Ltd from fraud or other unlawful or unauthorised use.

6. Orders
6.1 You can place an Order by following the instructions on the Website (including via a link sent to you from the Direct Website).

6.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. 

6.3 Each Order that you place will, if accepted by elevenshops.com, be a separate and binding agreement between you and  Mightyape Technologies Ltd with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

6.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing  Mightyape Technologies Ltd with their personal information and, by placing an Order, you confirm to  Mightyape Technologies Ltd that you have done this.

6.5 Sale of Restricted Goods is subject to various various laws. By placing an Order for any Restricted Goods you warrant to  Mightyape Technologies Ltd that you are:

(a) 18 years of age or older, where you Order products that are classified R18+;

(b) 15 years of age or older, where you Order products that are classified MA15+.

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

6.6 For “Factory Scoop” Goods, a limit of one per customer applies.

6.7 Please ensure that you enter all information carefully when placing an Order. You warrant to  Mightyape Technologies Ltd that all information provided by you in relation to each Order is complete, true and accurate.

6.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by  Mightyape Technologies Ltd.  Mightyape Technologies Ltd will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

6.9 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order.  Mightyape Technologies Ltd cannot consolidate separate Orders into one delivery.

6.10 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option.

6.11 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed due to issues with the Website beyond the reasonable control of  Mightyape Technologies Ltd.

6.12 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

7. After you have submitted an order/payment
7.1 When you submit an Order you will receive an Order reference number via e-mail.

7.2  Mightyape Technologies Ltd will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in Section 4.4). Your Order is deemed to be accepted by  Mightyape Technologies Ltd when  Mightyape Technologies Ltd does this, however,  Mightyape Technologies Ltd may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that  Mightyape Technologies Ltd cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1.

7.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 7.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For  Mightyape Technologies Ltd Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.

7.4 When  Mightyape Technologies Ltd accepts an Order it represents an agreement by  Mightyape Technologies Ltd to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

7.5 You must pay for Goods by credit card, certain prepaid payment cards,  Mightyape Technologies Ltd Gift Card or any interest free plan available on the elevenshops.com Website.

7.6 You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order,  Mightyape Technologies Ltd may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise  Mightyape Technologies Ltd to deduct the price and the applicable Delivery Charge(s) from such card or payment methods.

7.7  Mightyape Technologies Ltd reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

7.8  Mightyape Technologies Ltd may not be able to, or may decline to, accept payment from you by your nominated payment method:

(a) where our fraud detection systems detect possible irregularities;

(b) because your financial institution or other payment provider has declined payment;

(c) because your payment card has expired;

(d) where technical difficulties impact our ability to process payment; or

(e) in any other situation if elevenshops.com believes, acting reasonably and in good faith, that this is necessary to protect you or  Mightyape Technologies Ltd from fraud or loss.

Where this is the case,  Mightyape Technologies Ltd reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

7.9 When you submit an Order,  Mightyape Technologies Ltd may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

7.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

8. Cancellation of Orders
8.1 J Mightyape Technologies Ltd reserves the right to cancel, at any time before delivery, an Order that it has previously accepted where:

(a)  Mightyape Technologies Ltd, acting in good faith, is unable to obtain sufficient quantities of stock to fulfil your Order within a reasonable time;

(b) an event beyond  Mightyape Technologies Ltd’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure or problems with the internet or third party computer systems, means that  Mightyape Technologies Ltd is unable to supply the Goods within a reasonable time;

(c) Goods or services ordered were subject to an accidental error on the Website, for example, in relation to a description, price, reward or image;

(d) you ask  Mightyape Technologies Ltd to cancel your Order in accordance with section 6.8; or

(e) in the circumstances set out in Sections 4.4 or 7.8.

8.2 You may cancel your Order where  Mightyape Technologies Ltd:

(a) has breached a material term of this Agreement; or

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.

8.3 Where  Mightyape Technologies Ltd cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

8.4 In the event of  Mightyape Technologies Ltd or you cancelling your Order after payment has been processed,  Mightyape Technologies Ltd will refund any money paid in respect of that Order. Section 15 of these Terms and Conditions sets out further information about refunds.

9. Availability of Goods/Refurbished stock
9.1 As  Mightyape Technologies Ltd is dependent upon its suppliers to provide stock,  Mightyape Technologies Ltd cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable.  Mightyape Technologies Ltd reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available stock and  Mightyape Technologies Ltd is unable to fulfil your Order, you will be notified as soon as possible.

9.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in good working order and comes with the standard  warranty in addition to any statutory rights which apply.

10. Delivery
10.1 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order (“Selected Delivery Option”). An estimated delivery time will be listed for your Selected Delivery Option .  Mightyape Technologies Ltd will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order.

10.2 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

10.3 Goods will generally only be delivered to addresses within Kenya.  Mightyape Technologies Ltd is unable to deliver to certain parts of Kenya and where this is the case you will not be able to process your Order.  Mightyape Technologies Ltd may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

10.4 Following dispatch of your Goods, J Mightyape Technologies Ltd will email you with confirmation of dispatch and an invoice for your Order.

Parcel Delivery
10.5 Where requested,  Mightyape Technologies Ltd will deliver to PO Boxes where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box you need to the delivery address when placing your Order,  Mightyape Technologies Ltd will call you to arrange an alternative delivery address.

10.6 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;

(c) take your Goods to a  Mightyape Technologies Ltd nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(d) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods.

Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods.

10.7 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched,  Mightyape Technologies Ltd will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

On Demand Delivery
10.8 When you request On Demand Delivery you may be required to confirm if you will be at home at the time of the delivery or otherwise provide us with “authority to leave” and we will leave the Goods in the agreed place. Unless you have provided us with such “authority to leave”, on delivery you may be required to sign a proof of delivery document or provide the PIN sent to you in the confirmation SMS or email for your Order, or at the time you place your Order. If you have not provided us with “authority to leave” and you are not available to take delivery, your Goods will be returned to the store and we will contact you to arrange for collection by you or re-delivery. If you provide us with “authority to leave”, delivery will be deemed to have occurred when we leave the Goods in the agreed place (and in accordance with Section 10.2, risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods from this time onwards).

Home Delivery
10.9 In addition to these Terms and Conditions, if your Goods are being delivered,  Mightyape Technologies Ltd’s Home Delivery Terms of Sale will apply. For Jv’s Home Delivery Terms of Sale please visit our Home Delivery Terms of Sale. If there is any inconsistency between these Terms and Conditions and  Mightyape Technologies Ltd’s Home Delivery Terms of Sale, these Terms and Conditions will prevail to the extent of any inconsistency.

Pre-Orders
10.10  Mightyape Technologies Ltd’s arrangements with its suppliers means that  Mightyape Technologies Ltd is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:

(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Kenya in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or

(b) within 7 days prior to the official release date may only be despatched on or after the official release date. If you have chosen to pick up those Goods in store, the Goods may only be available to pick up at your nominated collection store after the release date.

11. Click & Collect
11.1 Many Goods can be picked up from a  Mightyape Technologies Ltd store(elevenshops.com), or where the Goods are “big and bulky”, from a Distribution Centre, rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store or from a Distribution Centre.

11.2 Only the person who placed the relevant Order may pick-up the Goods ordered in-store or from a Distribution Centre, unless that person nominates another person to pick-up the Goods on his or her behalf. Where the Goods being picked-up include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.

11.3 If you choose to pick up your Order in-store, your Order should be available for pick up in-store or at a Distribution Centre:

1 hour after your Order has been confirmed if your Order is confirmed more than 1 hour before the close of trading hours for the nominated collection store; or
the next business day if your Order is confirmed less than 1 hour before the close of trading hours for the nominated collection store.
11.4 If you choose to pick up your Goods from a Distribution Centre, your Order should be available for pick up from the Distribution Centre any time after you place your Order during the Distribution Centre’s opening hours. Collection of your Order may take up to twenty minutes at busy times.

11.5 When picking up Goods in-store or at a Distribution Centre:

(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (national id card, passport ) to staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow  Mightyape Technologies Ltd to take a copy of this identification for fraud prevention purposes. The copy will not be used by  Mightyape Technologies Ltdi for any other purpose or disclosed to any person outside of  Mightyape Technologies Ltd;

(b)  Mightyape Technologies Ltd staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that  Mightyape Technologies Ltd has sent to you confirming that the stock is available for pick-up; and

(d)  Mightyape Technologies Ltd staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event  Mightyape Technologies Ltd will contact the person who placed the Order using the contact details provided.

11.6 When picking up “big and bulky” Goods at a Distribution Centre or in-store:

you must ensure your vehicle is appropriate for transporting your Goods. The law requires that the Goods are adequately restrained so you should bring appropriate restraints to safely secure your load;
your Order confirmation must be presented for collection, and you will be asked to sign that you have received your Goods in good condition;
manufacturers usually recommend that TVs & whitegoods are transported upright to avoid damage.  Mightyape Technologies Ltd accepts no responsibility for any loss, damage or liability suffered by you due to the way in which the Goods are loaded or transported by you.  Mightyape Technologies Ltd team members may help to load Goods into your vehicle (but not onto the roof or roof racks) if requested and they believe it is safe to do so, and may provide suggestions to you as to ways to transport your Goods in order to avoid damage. However, you are entirely responsible for ensuring that the Goods are loaded and transported in accordance with relevant road traffic/safety laws and in a way which does not result in damage to the Goods;
 Mightyape Technologies Ltd does not provide forklifts when loading and will not assist with roof top loading;
if you have any concerns about picking-up your Goods, please call your store to arrange delivery.
12. Delay in availability or delivery of Goods
12.1 You agree and acknowledge that:

(a)  Mightyape Technologies Ltd does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 10 and 11 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by  Mightyape Technologies Ltd or any of its staff;

(b) stock availability and events outside  Mightyape Technologies Ltd’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store or at a Distribution Centre;

(c) delays are particularly likely to occur during busy sale periods such as those around Black Friday, Christmas, Easter and public holidays; and

13. Gift Cards
13.1 View full Gift Card terms and conditions.

14. Refunds of your money
14.1 Where  Mightyape Technologies Ltd is obliged to refund your payment pursuant to these Terms and Conditions,  Mightyape Technologies Ltd aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 a.m to 5 p.m Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a  Mightyape Technologies Ltd gift card, the applicable refund will be processed back onto the  Mightyape Technologies Ltd gift card. Please note that if  Mightyape Technologies Ltd is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

15. Returns/faulty or damaged goods
15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

15.2 If you have a problem with any Goods or otherwise wish to return them please refer to  Mightyape Technologies Ltd's Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or  Mightyape Technologies Ltd(elevenshops.com) store, you can also contact us. If you are returning unused and unopened Goods due to change of mind in accordance with our policies:

(a) you should return the Goods to your nearest  Mightyape Technologies Ltd (elevenshops.com) store or the store from which you collected the Goods;

(b) we will not refund the Delivery Charges and you must pay for us to pick up the Goods if you are unable to return them to store due to size.

If Goods are unused but have been unpacked, we may, at our absolute discretion, accept return of the Goods in the event of a change of mind provided they are in perfect condition. However, in such cases we will not refund any Delivery Charge, and you must pay for us to pick up the goods if you are unable to return the Goods to a  Mightyape Technologies Ltd store and we will apply a restocking fee equal to 20% of the original purchase price.

15.3 When returning Goods:

(a) please provide  Mightyape Technologies Ltd(elevenshops.com) with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase;

(c) you must also return any Bonus Offers included with the original purchase; and

(d) if you are returning Goods due to a change of mind, the Goods must be in a “re-saleable” condition as determined by  Mightyape Technologies Ltd.

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

15.4 You may not be entitled to a refund or exchange just because packaging is damaged in transit. The packaging exists to protect the Goods themselves.

16. Privacy and Marketing
16.1  Mightyape Technologies Ltd policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions. You should read this policy before providing any personal information to  Mightyape Technologies Ltd. By providing the personal information requested, you agree to this policy.

16.2 Please note that when you create an Account, you agree to subscribe to our marketing communications. You can unsubscribe at any time by selecting the “unsubscribe” option in the relevant communication, for example, clicking on the unsubscribe link in the email you receive or texting the stated response word e.g. “STOP” or “UNSUB” or “REMOVE” to the mobile number in the SMS you receive. Otherwise, you may opt-out of receiving marketing communications by sending a written request to The Privacy Officer,  Mightyape Technologies Ltd.

17. Elevenshops Perks
17.1 For more information and details about our membership program please see the Elevensgops Perks Terms and Conditions.

18. Additional Terms and Conditions
18.1 Your use of the Website is governed by the Website Terms of Use.

19. General
19.1  Mightyape Technologies Ltd reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

19.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

19.3 These Terms and Conditions are governed by the laws of Kenya.