Terms of Service

OVERVIEW Welcome to Dragonfly Crackers! The terms "we", "us", and "our" refer to Dragonfly Crackers (operating under Dragonfly Kenya). Dragonfly Crackers operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Dragonfly Crackers is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. Because our products are handmade, slight variations in print, color, and finish may occur. Furthermore, colors or product appearance may differ from how they appear on your screen due to your device settings. We do not warrant that the appearance or quality of any products or services purchased by you will perfectly match digital renderings. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Dragonfly Crackers reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Dragonfly Crackers confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Dragonfly Crackers may be unable to accommodate cancellation requests after an order is accepted (especially for bespoke or custom orders once production begins). In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Return & Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export without express written permission.

SECTION 4 - PRICES AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the credit card or mobile money information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, and (iii) you will pay charges incurred by you at the posted prices, including shipping, handling, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, on-demand drivers (e.g., Bolt, Uber), customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you. For full details on international duties and courier facilitation, please refer to our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product designs, video, and audio, are owned by Dragonfly Crackers, its affiliates, or licensors and are protected by Kenyan and international patent, copyright, and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use may be a violation of intellectual property laws. Dragonfly Crackers's names, logos, product designs, and slogans are trademarks of Dragonfly Crackers. Shopify's name and logos are trademarks of Shopify.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties (including payment gateways and delivery apps) which we neither monitor nor control. We provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials. If you decide to access these third-party sites, you do so at your own risk. Complaints, claims, or questions regarding third-party products should be directed to the third party.

 

SECTION 9 - RELATIONSHIP WITH SHOPIFY Dragonfly Crackers is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dragonfly Crackers. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dragonfly Crackers, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dragonfly Crackers.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.

SECTION 11 - FEEDBACK If you submit ideas, suggestions, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback in any medium. We are under no obligation to maintain your Feedback in confidence or pay compensation for it. You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, or other personal rights, nor contain libelous, unlawful, or obscene material.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful purpose; (b) to violate any international or local regulations, rules, or laws; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, or harm anyone; (e) to transmit false information; (f) to upload viruses or malicious code; (g) to spam, phish, or pharm; (h) to use any automated scraping or agentic AI tools to access the Services; or (i) to bypass security features. We reserve the right to terminate your access for violating any of the prohibited uses.

SECTION 14 - AGENTS 14.1 This section applies if you use or deploy an Agent (software/service taking autonomous action) to interact with the Services. 14.2 No Agent may access the Services unless it strictly identifies itself in HTTP/HTTPS requests ("Agent/[agent name]"). 14.3 We may limit whether and how any Agent interacts with the Services. 14.4 Agents must not conceal their automated nature, circumvent CAPTCHAs, or avoid measures intended to block or control Agent access.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to the date of termination. Provisions relating to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law shall survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES EXCEPT AS EXPRESSLY STATED BY Dragonfly Crackers, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Dragonfly Crackers, OUR DIRECTORS, EMPLOYEES, AFFILIATES, OR SERVICE PROVIDERS (INCLUDING SHOPIFY) BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED VIA THE SERVICES.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Dragonfly Crackers, Shopify, and our affiliates from any claims, including reasonable attorneys' fees, payable to any third party due to your breach of these Terms of Service or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

SECTION 20 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms of Service and any policies referenced herein constitute the entire agreement between you and us, superseding any prior agreements.

SECTION 21 - ASSIGNMENT You may not delegate, transfer, or assign this Agreement or any of your rights without our prior written consent. We may assign these Terms and our rights without consent or notice to you.

SECTION 22 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Kenya. You and Dragonfly Crackers consent to the exclusive venue and personal jurisdiction of the courts located in Nairobi, Kenya.

SECTION 23 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@dragonflycrackers.com.

Our contact information is posted below:
Trading Name: Dragonfly Crackers (Dragonfly Kenya)
Email: info@dragonflycrackers.com
Physical Address: Kuwinda Rd, off Lang'ata Road, Karen, Nairobi, Kenya.
Phone Number: +254 (0) 706 472 204