Terms & Conditions

In these Terms and Conditions, unless the context requires otherwise, the following expressions bear the meanings set out below:

"Kayjah", "we", "us", "our": Kayjah Design Studio Limited, a business duly registered in Kenya, whose principal place of business is at Orbit Place, Chiromo Lane, Westlands, Nairobi, Kenya. Contact: info@kayjah.co.ke.

"Client", "you", "your": Any natural or juristic person who engages Kayjah's services, purchases Products, or accesses the Website, and whose acceptance of these Terms is recorded through any of the mechanisms described in Clause 3.

"Engagement": Any commission, contract, or arrangement between Kayjah and a Client for the provision of Services and/or supply of Products, whether initiated in person, through the Website, or by any other channel.

"Services": The interior design, consultation, space planning, 3D visualisation, material sourcing, project management, installation, and any other professional services provided by Kayjah, as more particularly described in the applicable Project Proposal.

"Products": All furniture, fittings, hardware, joinery, accessories, and other tangible items supplied by Kayjah, sourced from third-party suppliers, or manufactured under Kayjah's own specification.

"ZBOM Products": Products manufactured, branded, or licensed by ZBOM and made available to Kayjah under a franchise and distribution arrangement, including all associated intellectual property, branding, and quality standards.

"Franchisor": ZBOM Global Co., Ltd. (or its designated affiliate), being the licensor of the ZBOM brand and holder of all intellectual property rights in the ZBOM Product range.

"Project Proposal": The written document issued by Kayjah setting out the scope, deliverables, timeline, and pricing for a specific Engagement, which together with these Terms forms the Contract.

"Contract": The legally binding agreement between Kayjah and a Client, comprising these Terms, the applicable Project Proposal, and any Order Confirmation, taken together.

"Design Deliverables": All creative outputs produced by Kayjah in the course of an Engagement, including but not limited to concept boards, space plans, technical drawings, 3D visualisations, material specifications, and schedules of work.

"Order": A request by a Client for the supply of Products or commencement of Services, submitted in writing, through the Website, or by physical Engagement Form.

"Order Confirmation": The written or electronic communication issued by Kayjah acknowledging acceptance of an Order and confirming the applicable terms.

"Quotation": A written offer from Kayjah to provide Services and/or Products at a specified price, valid for the period stated therein.

"Deposit": The initial payment required from the Client upon Order confirmation to initiate the Engagement, as specified in the Project Proposal or Clause 5.

"Intellectual Property Rights": All patents, copyrights, design rights, trade marks, trade secrets, database rights, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.

"Personal Data": Any information relating to an identified or identifiable natural person, as defined under the Data Protection Act, 2019 (Kenya).

"DPA": The Data Protection Act, No. 24 of 2019 (Kenya) and all subsidiary legislation made thereunder.

"Consumer Protection Act": The Consumer Protection Act, No. 46 of 2012 (Kenya).

"Website": Kayjah's website at www.kayjah.com (or such URL as notified from time to time), including all subpages, portals, and linked digital channels.

"Working Days": Monday to Friday, excluding public holidays gazetted in Kenya.

"Force Majeure Event": Any event beyond a party's reasonable control, including acts of God, government action, labour disputes, power failures, supply chain disruptions, customs delays, or shipping irregularities.

References to any statute include subordinate legislation and any amendment, re-enactment, or replacement in force from time to time. Headings are for convenience only. The singular includes the plural and vice versa. References to writing include email and other durable electronic communications.

Kayjah Design Studio Limited is an interior design and fit-out practice offering an integrated suite of services spanning design consultation, space planning, 3D visualisation, material sourcing, project management, and the supply and installation of furniture and fitted joinery including ZBOM custom Joinery.

3.1 These Terms govern all Engagements between Kayjah and the Client. They apply whether the Engagement is initiated in person at the studio, through the Website, by email, telephone, or any other channel.

3.2 A binding Contract is formed between Kayjah and the Client upon the occurrence of any of the following: • The Client accepts a Quotation or Project Proposal in writing, including by email; • The Client pays a Deposit or any sum in part-payment of a Quotation; • The Client clicks the “I Agree” button or checkbox on the digital acceptance page (accessible via QR code, direct link, or the Website); • The Client signs a physical Engagement Form or Order Form at the studio or on-site; or • The Client otherwise unambiguously instructs Kayjah to proceed with any Service or Order.

3.3 Electronic acceptance through the mechanisms in Clause 3.2 constitutes valid and enforceable assent in accordance with the Kenya Information and Communications Act (Cap. 411A) and the Electronic Transactions provisions thereunder, and is equivalent in legal effect to a handwritten signature.

3.4 Where the Client is a company, partnership, or other legal entity, the individual accepting these Terms represents and warrants that they have authority to bind that entity, and acceptance shall be deemed the entity's acceptance.

3.5 Kayjah reserves the right to amend these Terms at any time by posting revised Terms on the Website with an updated effective date. Continued engagement of Kayjah's services after the posting of revised Terms constitutes acceptance of the amendment. Clients with active Engagements at the time of amendment will be notified by email of any material changes.

4.1 Kayjah provides the following categories of services, the specific scope of which for any given Engagement is defined in the applicable Project Proposal: • Interior design consultation and concept development; • Space planning and layout optimisation; • 3D visualisation and design presentation; • Material and finish selection and sourcing; • Furniture specification and procurement, including ZBOM Custom Joinery and other third-party sourced items; • Project management and site coordination; • Professional installation of ZBOM Custom Joinery, built-in furniture, and hardware components; and • Such other services as Kayjah may offer from time to time and as agreed in a Project Proposal.

4.2 The Project Proposal constitutes the definitive description of the Services to be delivered for a specific Engagement. Any work, deliverable, or item falling outside the agreed scope requires a written variation order signed by both parties. Kayjah will not commence additional work without written approval, and such additional work will be separately quoted.

4.3 Where Kayjah engages sub-contractors or specialist trades in connection with an Engagement, it shall do so as the Client's agent or on its own account as specified in the Project Proposal. Kayjah shall use reasonable care in the selection of sub-contractors but shall not be liable for their independent acts or omissions beyond what is recoverable from them.

5.1 All Quotations are valid for thirty (30) days from the date of issue unless a different validity period is stated in the Quotation. A Quotation that has lapsed may be reissued at Kayjah's discretion and may reflect revised pricing.

5.2 All prices are quoted in Kenya Shillings (KES). Prices are exclusive of Value Added Tax (VAT) at the applicable rate unless the Quotation expressly states otherwise. VAT will be itemised separately in the invoice.

5.3 Kayjah reserves the right to adjust pricing after issuance of a Quotation but before issuance of an Order Confirmation if: • Material costs, shipping rates, or applicable taxes change significantly between the date of Quotation and the date of Order; or • Exchange rate movements adversely affect the cost of imported goods or materials specified in the Quotation.

5.4 Quotations are based on information provided by the Client at the time of engagement. Where site surveys or further information reveal material differences from the information provided, Kayjah reserves the right to revise its Quotation accordingly with written notice.

6.1 Payments are structured across project milestones as follows:

Deposit (Stage 1): 50% Due upon Order Confirmation to initiate the project and commence procurement or manufacturing.

Progress Payment (Stage 2): 40% Due upon delivery of materials to site or attainment of the mid-project milestone specified in the Project Proposal.

Final Balance (Stage 3): 10% Due upon project completion and handover, being the date on which Kayjah notifies the Client that the works are substantially complete.

6.2 Payments may be made by bank transfer, M-Pesa, or cheque payable to Kayjah Design Studio. Payment details will be provided in the invoice. Cheque payments are deemed received only upon clearance.

6.3 Overdue amounts will attract interest at the rate of two percent (2%) per month, compounding monthly, from the due date until actual payment in full. This right to charge interest is without prejudice to any other remedy available to Kayjah, including suspension of Services.

6.4 Kayjah reserves the right to suspend or discontinue Services where payment is overdue upon written notice to the Client. Kayjah shall not be liable for any loss, delay, or damage arising from such suspension.

6.5 Title to and property in all Products supplied shall remain with Kayjah until full payment of the purchase price and all other sums due under the Contract has been received and cleared. Risk in the Products passes to the Client upon delivery or, in the case of installation, upon the Products being affixed to the site.

7.1 Estimated delivery and installation timelines are set out in the Project Proposal. All timelines are estimates only and subject to manufacturing schedules, shipping logistics, customs clearance, as well as site readiness.

7.2 Kayjah will communicate any anticipated delays promptly and will use reasonable endeavours to minimise their impact. Kayjah shall not be liable for delays caused by Force Majeure Events, the Client's failure to fulfil its obligations under Clause 9, or delays attributable to third-party suppliers or shipping agents.

7.3 The Client is responsible for ensuring that the site is prepared, accessible, and in a condition suitable to receive delivery or installation on the agreed installation date. The specific site preparation requirements will be communicated by Kayjah in advance. Where installation cannot proceed on the agreed date due to the Client's failure to prepare the site, Kayjah reserves the right to charge for abortive attendance and to reschedule at an additional cost.

7.4 Professional installation is included for all ZBOM Custom Joinery and built-in furniture, as specified in the Project Proposal. Installation of freestanding Products and hardware is available as an additional service. The scope of installation services for each Engagement will be confirmed in the Project Proposal.

7.5 Upon delivery or completion of installation, the Client must inspect the Products and works and note any visible damage, defect, or discrepancy on the delivery or completion documentation at the time of handover. Defects or shortages not noted at handover and not reported to Kayjah in writing within forty-eight (48) hours of delivery or completion shall be deemed accepted, save for latent defects not reasonably discoverable on inspection.

7.6 Risk in the Products passes to the Client upon delivery to the site address. Where installation is included, risk passes upon completion of installation. The Client is responsible for insuring the Products from the point at which risk passes.

8.1 Kayjah Workmanship Guarantee Kayjah provides a twelve (12) month workmanship guarantee on all installations completed by Kayjah or its authorised sub-contractors, commencing on the date of practical completion and handover. This guarantee covers defects attributable to the quality of Kayjah's installation workmanship. It does not cover: • Damage caused by misuse, neglect, or failure to follow care and maintenance instructions provided by Kayjah; • Unauthorised modification or repair of any installed item; • Normal wear and tear; • Damage caused by environmental conditions, water ingress, or structural movement of the building not attributable to Kayjah's work; or • Defects in Products attributable to the manufacturer, which are governed by the applicable manufacturer warranty.

8.3 ZBOM Products — Manufacturer Warranty Products in the ZBOM Products range carry warranty terms prescribed by ZBOM. The applicable warranty terms for each product category will be communicated at the time of purchase and are available on request. Warranty claims for ZBOM Products should be directed to Kayjah in the first instance, and Kayjah will coordinate with the Franchisor as required. Kayjah's liability in respect of ZBOM Products is limited to the extent of its role as authorised distributor-franchisee[Ma1.1].

8.4 Hardware Components — Blum and Hettich Hardware components supplied by Kayjah from the Blum and Hettich ranges carry a ten (10) year manufacturer warranty, subject to correct installation and use in accordance with the manufacturer's specifications. Warranty claims must be submitted to Kayjah in writing with proof of purchase and a description of the alleged defect.

8.5 Board and Surface Products Warranty terms for board and surface products vary by product line and manufacturer. The applicable warranty period and conditions will be communicated at the time of purchase.

8.6 Warranty Claims Process To make a warranty or guarantee claim under this Clause, the Client must notify Kayjah in writing within the applicable warranty period, providing proof of purchase, a written description of the alleged defect, and supporting photographs. Kayjah will assess the claim and, at its election, repair, replace, or refund the relevant Product or works.

9.1 The Client shall, throughout the Engagement, cooperate with Kayjah and provide all information, access, and decisions necessary to enable Kayjah to perform the Services in a timely and efficient manner. In particular, the Client shall: • Provide accurate and complete information regarding the site, existing services, and any constraints that may affect the design or installation; • Review and respond to design proposals, material samples, and approval requests within the timeframes agreed in the Project Proposal or as agreed. • Ensure that the site is prepared, safe, accessible, and ready for delivery and installation on the agreed dates. • Obtain and maintain all necessary permits, building approvals, and landlord or management company consents required for the Engagement at the Client's own cost; • Promptly notify Kayjah of any changes to the site, the scope of works, or the Client's requirements that may affect the Engagement; and • Make payments in accordance with the payment schedule in Clause 6 and the Project Proposal.

9.2 Kayjah shall not be liable for any delay, additional cost, or failure in performance to the extent caused by the Client's failure to fulfil its obligations under this Clause. Any consequential extension of time or additional costs arising from such failure will be addressed by way of a written variation order.

10.1 All Intellectual Property Rights in the Design Deliverables including concept boards, technical drawings, 3D visualisations, , and any other design work produced by Kayjah in the course of an Engagement, vest in and shall remain the exclusive property of Kayjah until full payment of all sums due under the Contract has been received and cleared.

10.2 Upon receipt of full payment, Kayjah grants the Client a non-exclusive, non-transferable licence to use the Design Deliverables for the specific project for which they were commissioned. This licence does not extend to use of the Design Deliverables for other projects, reproduction for commercial purposes, or sub-licensing to third parties without Kayjah's prior written consent.

10.3 Where the Client does not proceed with an Engagement after Design Deliverables have been produced, the Client shall not use, reproduce, or implement those Design Deliverables, in whole or in part, without Kayjah's prior written consent. Kayjah reserves the right to charge a design fee in respect of work produced for an Engagement that does not proceed to completion.

10.4 The ZBOM name, logo, brand elements, and all Intellectual Property Rights associated with ZBOM Products are the exclusive property of ZBOM and are used by Kayjah under licence. These rights are not transferred, sub-licensed, or otherwise made available to the Client by reason of any transaction under these Terms. The Franchisor's Intellectual Property Rights in the ZBOM brand are binding and enforceable at all times.

10.5 All Intellectual Property Rights in the Website, including its design, layout, text, graphics, and software, are owned by or licensed to Kayjah. Nothing in these Terms transfers any such rights to the Client.

10.6 Kayjah reserves the right to use photographs and descriptions of completed Engagements for its own portfolio, marketing, and promotional materials, unless the Client has provided written notice that it objects to such use.

11.1 Cancellations must be communicated to Kayjah in writing. The following terms apply depending on the stage at which cancellation occurs: • Cancellation before manufacturing or procurement has commenced: the Deposit will be refunded less a fifteen percent (15%) administration and design fee to cover costs incurred up to the point of cancellation. • Cancellation after manufacturing or procurement has commenced but before delivery or installation: the Deposit is non-refundable, and the Client remains liable for any progress payment that has fallen due for completed work or materials ordered on the Client's behalf. • Cancellation after delivery or partial installation: the Deposit and all progress payments made are non-refundable. The Client remains liable for the full Contract value in respect of work completed or materials that cannot be returned to the supplier.

11.2 Custom-made Products, bespoke joinery, and made-to-measure items cannot be returned or refunded once manufacturing has commenced, regardless of the reason for cancellation. This applies to all items in the ZBOM Custom Joinery range and any other Product produced to the Client's specific requirements.

11.3 Kayjah reserves the right to cancel an Engagement by written notice where the Client is in material breach of these Terms, including non-payment, and such breach is not remedied within the time provided in the written notice requiring remedy. In such event, all sums due to Kayjah up to the date of cancellation remain payable.

12.1 Kayjah collects and processes the Client's Personal Data for the purposes of performing the Contract, managing the Engagement, issuing invoices, communicating about the project, and complying with applicable legal obligations. The full details of Kayjah's data processing practices are set out in the Privacy Policy and forms an integral part of these Terms by reference.

12.2 Kayjah may share the Client's Personal Data with sub-contractors, material suppliers, and service providers engaged to assist in the performance of the Contract, subject always to appropriate data processing safeguards.

12.3 The Client has the right, subject to applicable law, to access, correct, erase, restrict, and port their Personal Data, and to object to certain processing activities. These rights may be exercised by contacting Kayjah.

12.4 Kayjah employs appropriate technical and organisational measures to protect the Client's Personal Data against unauthorised access, loss, destruction, or disclosure.

13.1 Kayjah's Website is made available for the purpose of providing information about Services and Products and facilitating Engagements. It constitutes one of several channels through which the Client may engage Kayjah, and these Terms govern all Engagements regardless of the channel through which they are initiated.

13.2 The Website is provided on an “as is” and “as available” basis. Kayjah makes reasonable efforts to ensure accuracy of content but does not warrant that the Website will be uninterrupted, error-free, or free from viruses. Product images and descriptions on the Website are for illustrative purposes and may vary from the final delivered item.

13.3 The Client must not use the Website in any manner that is unlawful, fraudulent, or harmful, or that introduces malicious code, scrapes data without consent, or infringes the rights of any third party.

13.4 The Website may contain links to third-party sites. Such links are provided for convenience only and do not constitute endorsement of those sites. Kayjah accepts no responsibility for third-party site content or practices.

13.5 The QR code acceptance mechanism links to a digital landing page on which the Client may review and accept these Terms by clicking the “I Agree” button. This constitutes valid acceptance under Clause 3.2 above.

14.1 To the fullest extent permitted by Kenyan law, Kayjah makes no warranties, express or implied, beyond those set out in Clause 8 of these Terms.

14.2 Given the technical nature of furniture fittings, joinery, and installation work, the Client is strongly advised to verify all specifications, measurements, and structural requirements with Kayjah's technical team before finalising any Order. Kayjah shall not be liable for loss arising from reliance on approximate or indicative specifications provided by the Client without independent site verification.

15.1 Subject to Clause 15.3 below, Kayjah's total aggregate liability to the Client for any claim or series of claims arising out of or in connection with these Terms or any Engagement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees and payments actually received by Kayjah from the Client under the specific Contract giving rise to the claim.

15.2 Subject to Clause 15.3, Kayjah shall not in any circumstances be liable for: • Loss of profits, revenue, business, or anticipated savings; • Loss of or damage to goodwill or reputation; • Loss of contracts or commercial opportunities; • Loss of data or corruption of software or systems; • Any indirect, special, punitive, or consequential loss or damage of any kind; whether or not such loss was foreseeable or Kayjah had been advised of its possibility.

15.3 Kayjah's liability in respect of the ZBOM Products is limited to the extent of its role as authorised distributor. Liability for defects inherent in the design or manufacturing of ZBOM Products attributable to ZBOM is to be addressed through the warranty claims process in Clause 8.3 and, where applicable, ZBOMs consumer redress mechanisms.

15.5 The Client acknowledges that the limitations of liability in this Clause reflect a fair and reasonable allocation of risk between commercial parties and are an integral part of the basis on which Kayjah prices its Services and Products.

16.1 Kayjah is committed to compliance with the Consumer Protection Act, 2012.

16.2 Complaints may be submitted to Kayjah at hello@kayjah.co.ke. Kayjah will acknowledge complaints and will endeavour to resolve them within fourteen (14) Working Days.

16.3 Kayjah does not engage in unfair commercial practices as prohibited under the Consumer Protection Act, including misleading advertising, bait-and-switch supply, or harassment in the course of a transaction.

17.1 These Terms and any Contract concluded pursuant to them shall be governed by and construed in accordance with the laws of the Republic of Kenya.

17.2 Any dispute, controversy, or claim arising out of or in connection with these Terms or any Engagement shall, in the first instance, be referred to the parties for good faith negotiation within twenty-one (21) days of written notice by either party identifying the dispute.

17.3 If the dispute is not resolved through negotiation within the period in Clause 17.2, either party may refer it to mediation administered by the Nairobi Centre for International Arbitration (NCIA) or the Centre for Alternative Dispute Resolution in Kenya (CADR), or such other accredited body as the parties may agree in writing. The costs of mediation shall be shared equally.

17.4 If mediation is unsuccessful within thirty (30) days of referral, either party may institute proceedings before a court of competent jurisdiction in Kenya. The parties submit to the exclusive jurisdiction of the Kenyan courts.

17.5 Notwithstanding Clauses 17.2 to 17.4, Kayjah reserves the right to seek urgent injunctive relief or interim preservation orders from a competent court at any time without prior exhaustion of the dispute resolution steps above.

18.1 Entire Agreement These Terms, and the applicable Project Proposal, and any Order Confirmation, constitute the entire agreement between Kayjah and the Client in relation to the subject matter hereof and supersede all prior representations, negotiations, and agreements.

18.2 Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

18.3 Waiver A failure or delay by Kayjah to exercise any right or remedy shall not constitute a waiver thereof. No waiver shall be effective unless given in writing.

18.4 Assignment The Client may not assign, transfer, or sub-contract any rights or obligations under these Terms without Kayjah's prior written consent. Kayjah may assign its rights and obligations in connection with a business transfer or restructuring, provided the Client's rights are not adversely affected.

18.5 Variation No variation to these Terms or any Contract shall be effective unless agreed in writing by both parties. Oral instructions or agreements shall not constitute a variation.

18.6 Notices Notices under these Terms shall be given in writing by email to info@kayjah.co.ke (for Kayjah) or to the Client's last known email address. Notices shall be deemed received on the next Working Day after transmission, absent a delivery failure notification. Physical notices may be delivered to Orbit Place, Chiromo Lane, Westlands, Nairobi.

18.7 Force Majeure Kayjah shall not be liable for failure or delay in performance caused by a Force Majeure Event. Kayjah will notify the Client promptly and use reasonable endeavours to resume performance as soon as practicable. If a Force Majeure Event continues for more than sixty (60) days, either party may terminate the affected Engagement on written notice, and Kayjah shall refund any sums paid for Services not yet rendered, less the reasonable value of work done to date.

18.8 Third Party Rights These Terms do not create any rights enforceable by any third party.

18.9 Language These Terms are drafted in the English language. In the event of any translation, the English version shall prevail.

For all enquiries, complaints, warranty claims, data protection requests, and formal notices, please contact Kayjah Atelier Design Studio using the details below:

Business Name Kayjah Design Studio Limited

Studio Address Orbit Place, Chiromo Lane, Westlands, Nairobi, Kenya

Postal Address [P.O. Box 50052-00200, Nairobi, Kenya]

Email info@kayjah.co.ke

Telephone +254747529524

Website www.kayjah.com