Terms and Conditions

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using the Eighth May Ltd website or placing any orders with us. By accessing our website or submitting an enquiry, you agree to be bound by these Terms. These Terms are governed by the Laws of Kenya, including but not limited to the Consumer Protection Act, 2012, the Sale of Goods Act (Cap. 31), the Law of Contract Act, the Standards Act (Cap. 496), and the Data Protection Act, 2019.

1. About Us

Eighth May Ltd ("Eight May", "we", "us", or "our") is a company incorporated under the Laws of Kenya and duly registered with the Registrar of Companies. We are primarily engaged in the manufacture and wholesale supply of baby diapers, adult incontinence products, wet wipes, and related personal care and hygiene products.

Our registered office is situated in Mavoko, Kenya. For all enquiries, please refer to the contact details available on our website at www.eighthmay.com/contact-us.

We are committed to compliance with all applicable Kenyan regulatory requirements, including product safety standards set by the Kenya Bureau of Standards (KEBS) under the Standards Act (Cap. 496), and consumer rights protections under the Consumer Protection Act, 2012.

2. Our Products

Eighth May Ltd manufactures and supplies the following categories of products on a wholesale and bulk basis:

•       Baby diapers

•       Adult diapers and incontinence management products

•       Baby and adult wet wipes (including flushable and antibacterial variants)

•       Related personal hygiene and baby care consumables

All products manufactured and supplied by Eighth May Ltd are subject to applicable Kenya Bureau of Standards (KEBS) quality marks and standards. We warrant that our products are manufactured in compliance with applicable regulatory and quality standards in force in Kenya.

Product descriptions, specifications, and images on our website are provided in good faith and are indicative only. Actual products may vary slightly. We reserve the right to modify product specifications without prior notice, provided such modifications do not materially affect product quality or safety.

3. Use of Our Website

By using this website, you agree to use it only for lawful purposes and in a manner consistent with these Terms. In particular, you agree not to:

•       Use the site for any unlawful, fraudulent, or misrepresentative purpose, in contravention of the Penal Code (Cap. 63) or any other Kenyan law

•       Attempt to gain unauthorised access to any part of the site, its servers, or associated infrastructure, contrary to the Computer Misuse and Cybercrimes Act, 2018

•       Transmit any harmful, offensive, defamatory, obscene, or otherwise unlawful content

•       Copy, reproduce, redistribute, or create derivative works from any content on this site without prior written consent from Eighth May Ltd

•       Scrape, harvest, or otherwise collect data from this site for commercial purposes without our express written permission

We reserve the right to suspend or terminate website access for any user who violates these Terms, without prejudice to any other remedies available to us under Kenyan law.

4. Orders and Enquiries

Our website facilitates bulk purchase enquiries. Submission of an enquiry form does not constitute a binding purchase order or offer capable of acceptance. An order shall only be deemed confirmed once:

•       We have received and reviewed your enquiry in full

•       We have issued a formal written quotation setting out price, product specifications, quantity, and delivery terms

•       You have confirmed your acceptance of our quotation in writing (including by email)

•       We have issued a formal Order Confirmation or Pro Forma Invoice

In accordance with Section 3 of the Law of Contract Act, a binding contract shall come into existence only upon the exchange of valid offer and acceptance on agreed terms. We reserve the right to decline any enquiry or order at our sole discretion, including due to stock availability, pricing discrepancies, regulatory considerations, or concerns regarding the intended use of our products.

We shall not be liable for any loss or expense incurred by you in anticipation of an order that has not been formally confirmed in writing.

5. Pricing and Payment

All prices quoted are expressed in Kenyan Shillings (KES) unless otherwise explicitly stated. Prices displayed on the website are indicative and for reference purposes only; they do not constitute a binding offer. Final pricing shall be confirmed at the quotation stage and is subject to applicable taxes, levies, and duties as required under Kenyan law, including Value Added Tax (VAT) at the prevailing rate under the Value Added Tax Act, 2013.

Payment terms shall be agreed on a per-order basis and set out in the Order Confirmation. We reserve the right to:

•       Require full or partial advance payment from new customers or customers without an established credit history with us

•       Withdraw or vary agreed credit terms at any time on reasonable written notice

•       Charge interest on overdue payments at the rate prescribed under the Law of Contract Act or as otherwise agreed in writing

We accept payment by bank transfer, mobile money (M-Pesa), and other methods as agreed in writing. Payments by cheque are subject to clearance before goods are released.

6. Delivery

Delivery timelines, logistics arrangements, and associated costs shall be agreed as part of the Order Confirmation process and shall form part of the contract between the parties. Risk in the goods shall pass to the buyer upon delivery to the agreed delivery point, in accordance with the Sale of Goods Act (Cap. 31).

While we make every reasonable effort to meet agreed delivery schedules, Eighth May Ltd shall not be liable for delays caused by events beyond our reasonable control (Force Majeure events), including but not limited to:

•       Natural disasters, floods, or severe weather events

•       Supply chain disruptions affecting raw materials for diaper or wet wipe manufacturing

•       Industrial action, strikes, or labour disputes

•       Government directives, regulatory interventions, or import/export restrictions

•       Failures of third-party logistics providers

In the event of a Force Majeure event, we shall notify you as soon as reasonably practicable and shall use reasonable endeavours to resume delivery at the earliest opportunity. Where delay exceeds thirty (30) days, either party may cancel the affected order by written notice without penalty.

7. Returns and Disputes

Pursuant to your rights as a buyer under the Consumer Protection Act, 2012 and the Sale of Goods Act (Cap. 31), you are entitled to receive goods that are of satisfactory quality, fit for their intended purpose (including safe contact with skin for diapers and wet wipes), and correspond with their description.

If you receive goods that are:

•       Damaged or defective (including packaging damage that affects product integrity or sterility)

•       Materially different from the agreed specification (e.g., incorrect product grade, absorbency rating, or fragrance formulation)

•       Short-shipped or incorrectly labelled

Please notify us in writing within seven (7) business days of delivery, providing photographic evidence and details of the alleged defect or discrepancy. We will investigate within a reasonable time and agree a resolution, which may include replacement of the affected goods, a credit note, or a refund, at our election and subject to verification of the claim.

Returns shall not be accepted without prior written authorisation from Eighth May Ltd. Authorised returns must be returned in their original, unopened packaging where possible. We shall not accept returns for:

•       Products that have been opened, used, or altered after delivery

•       Products damaged due to improper storage or handling by the buyer

•       Complaints notified outside the seven (7) business day window, save where the defect was latent and could not have been discovered upon reasonable inspection

Nothing in this clause shall limit or exclude your statutory rights under Kenyan law.

8. Product Safety and Regulatory Compliance

Eighth May Ltd is committed to the manufacture of safe, compliant, and high-quality hygiene products. Our diapers and wet wipes are manufactured in accordance with:

•       Kenya Bureau of Standards (KEBS) quality and safety standards, including applicable East African Standards (EAS)

•       The Standards Act (Cap. 496) and regulations made thereunder

We warrant that our products are free from harmful substances at levels prohibited under applicable Kenyan and International Standards, and that our wet wipes, sanitary pads and diapers are manufactured using materials that are safe for their intended use in contact with human skin, including infant skin.

Buyers and distributors are responsible for ensuring that the products are stored and handled in accordance with our storage guidelines, and that they are not sold or supplied past their indicated shelf life or in a manner inconsistent with applicable consumer protection requirements.

9. Data Protection and Privacy

Eighth May Ltd processes personal data in accordance with the Data Protection Act, 2019 (DPA 2019) and any regulations made thereunder. By submitting an enquiry or placing an order through our website, you consent to our collection and processing of your personal data to the extent necessary for the fulfilment of our contractual obligations and legitimate business operations.

We collect and process personal data including business contact information, order and transaction records, and communication history. We do not sell or share personal data with third parties except as required for order fulfilment, compliance with legal obligations, or with your express consent. You have the right to access, correct, or request deletion of your personal data at any time by contacting us at the details on our website.

Our full Privacy Policy is available on our website and forms part of these Terms.

10. Intellectual Property

All content on this website, including text, product descriptions, images, logos, branding, trade marks, and design elements, is the intellectual property of Eighth May Ltd or its licensors and is protected under the Copyright Act, and applicable Kenyan and international intellectual property laws.

You may not reproduce, distribute, modify, publicly display, or create derivative works from any content on this site without our prior express written permission. Unauthorised use of our intellectual property may constitute an infringement of our rights and may expose you to civil and/or criminal liability under Kenyan law.

11. Limitation of Liability

To the fullest extent permitted by Kenyan law, Eighth May Ltd shall not be liable for any indirect, incidental, special, or consequential loss or damage (including loss of profit, loss of business, or loss of anticipated savings) arising from your use of this website or in connection with any order.

Our total aggregate liability in connection with any order shall not exceed the total invoice value of that specific order. This limitation shall not apply to:

•       Liability for death or personal injury caused by our negligence

•       Liability for fraud or fraudulent misrepresentation

•       Any liability that cannot be excluded or limited under the Consumer Protection Act, 2012 or any other applicable Kenyan law

•       Our obligations under any applicable product safety or product liability legislation

Nothing in these Terms shall affect your statutory rights as a consumer or buyer under Kenyan law.

12. Dispute Resolution

In the event of a dispute arising out of or in connection with these Terms or any order, the parties shall first attempt to resolve the dispute amicably through good faith negotiation within thirty (30) days of written notice of the dispute.

If the dispute is not resolved through negotiation, either party may refer the matter to mediation before initiating formal legal proceedings.

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya. Subject to the dispute resolution provisions above, the parties irrevocably submit to the exclusive jurisdiction of the courts of Kenya, with the High Court at Nairobi having primary jurisdiction.

13. Changes to These Terms

We reserve the right to amend or update these Terms and Conditions from time to time to reflect changes in law, regulatory requirements, or our business operations. The revised version will be effective from the date shown at the top of this document. We encourage you to review this page periodically.

For existing customers with active orders at the date of any amendment, the Terms in force at the time of order confirmation shall continue to apply to those orders, unless otherwise agreed in writing. Continued use of the website or placement of new orders after publication of revised Terms constitutes acceptance of the updated Terms.

14. General Provisions

Severability: If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remainder of the Terms shall continue in full force and effect.

Entire Agreement: These Terms, together with any Order Confirmation, quotation, and our Privacy Policy, constitute the entire agreement between you and Eighth May Ltd with respect to the subject matter hereof, and supersede all prior discussions, representations, or agreements.

Waiver: Failure by either party to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

Force Majeure: Neither party shall be in breach of these Terms for failure to perform obligations due to events beyond their reasonable control, as further described in Clause 6.

15. Contact Us

If you have any questions, concerns, or complaints about these Terms and Conditions, our products, or any order, please contact us.