Terms of service

TERMS OF SERVICE

Modern Day Essentials

Last Updated: May 2026

OVERVIEW

Welcome to Modern Day Essentials! The terms "we", "us" and "our" refer to Modern Day Essentials. Modern Day Essentials 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"). Modern Day Essentials 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 state or province 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. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

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.

Products sold through our store are fulfilled by third-party suppliers and shipped directly to customers. We act as a retailer and do not manufacture or warehouse any products.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Modern Day Essentials reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Modern Day Essentials confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Modern Day Essentials may be unable to accommodate cancellation requests after an order is accepted.

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 Refund Policy available on our website.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

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 and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. 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 made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 5 - SHIPPING AND DELIVERY

We ship internationally to customers worldwide. Orders are fulfilled by our third-party logistics partners and shipped directly to your provided delivery address.

Delivery Timeframes: All delivery timeframes provided at checkout or on our website are estimates only and are not guaranteed. Actual delivery times may vary significantly depending on your location, customs processing, local postal services, public holidays, and other factors outside our control. We do not guarantee any specific delivery date or timeframe.

No Delivery Liability: We are not liable for any shipping or delivery delays, regardless of cause. Once we transfer products to the carrier or fulfillment partner, title and risk of loss passes to you. We are not responsible for delays caused by shipping carriers, customs processing, natural disasters, pandemics, strikes, or any other events outside our control.

Customs and Import Duties: International orders may be subject to customs duties, taxes, and import fees imposed by the destination country. These charges are entirely the responsibility of the customer and are not included in our product or shipping prices. We have no control over these charges and cannot predict their amount.

Lost or Damaged Shipments: If your order appears lost or arrives damaged, please contact us at essentialsmodernday@gmail.com within 14 days of the estimated delivery window. We will work with our fulfillment partners to investigate and resolve the issue, but we cannot guarantee outcomes or replacements in all circumstances.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Modern Day Essentials, its affiliates or licensors and are protected by applicable 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.

Modern Day Essentials's names, logos, product and service names, designs, and slogans are trademarks of Modern Day Essentials or its affiliates or licensors. You must not use such trademarks without the prior written permission of Modern Day Essentials. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. 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 or websites you choose to access. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Modern Day Essentials 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 Modern Day Essentials. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Modern Day Essentials, 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 Modern Day Essentials.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed on our website. By using the Services, you acknowledge that you have read and agree to our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

Data We Collect: We collect information you provide when placing orders, including your name, email address, shipping address, and payment information. We also collect browsing data to improve your shopping experience.

How We Use Your Data: Your information is used to process and fulfill orders, communicate with you about your purchases, and improve our Services. We do not sell your personal information to third parties.

GDPR Compliance: If you are located in the European Economic Area (EEA), you have certain rights regarding your personal data, including the right to access, correct, or delete your data. To exercise these rights, contact us at essentialsmodernday@gmail.com.

Cookies: Our website uses cookies to enhance your browsing experience. By using our Services, you consent to our use of cookies in accordance with our Privacy Policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; or (g) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services.

SECTION 14 - AGENTS

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.

No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with applicable requirements. We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MODERN DAY ESSENTIALS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL LIABILITY FOR: (i) any delays or failures in delivery or shipment; (ii) any acts or omissions of third-party carriers, fulfillment partners, or logistics providers; (iii) customs delays, import duties, or actions by government authorities; (iv) any loss or damage to products after they have been handed to a carrier; or (v) any failure to deliver within any estimated or expected timeframe.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Modern Day Essentials, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations 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 Kenya. You and Modern Day Essentials consent to the exclusive jurisdiction of the courts of Kenya for the resolution of any disputes arising under or in connection with these Terms. Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any jurisdiction.

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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - REFUND AND RETURN POLICY

We want you to be satisfied with your purchase. Please read our refund and return policy carefully before making a purchase.

Eligibility: Refund requests must be submitted within 14 days of delivery. Items must be unused, in their original condition, and in original packaging where applicable.

Non-Refundable Items: Certain items are non-refundable, including perishable goods, personalized or custom-made products, digital downloads, and items marked as final sale.

Damaged or Incorrect Items: If you receive a damaged or incorrect item, please contact us at essentialsmodernday@gmail.com within 14 days of delivery with photographic evidence. We will assess the claim and offer an appropriate resolution, which may include a replacement or refund.

Delivery Delays: We do not issue refunds for orders that are delayed in transit, as delivery timeframes are estimates only and are subject to factors outside our control, including customs processing and carrier delays.

Refund Processing: Approved refunds will be processed to your original payment method within 7-14 business days. Processing times may vary depending on your payment provider.

SECTION 26 - SHIPPING POLICY

Modern Day Essentials ships internationally to customers worldwide through our third-party fulfillment partners.

Order Processing: Orders are typically processed within 1-3 business days of payment confirmation. Processing times may be longer during peak periods or public holidays.

Shipping Timeframes: Delivery timeframes are estimates only and are not guaranteed. International orders may take varying amounts of time depending on the destination country, customs processing, and local postal services. We expressly disclaim any liability for delays in delivery.

Tracking: Where available, tracking information will be provided via email once your order has been dispatched. Not all shipping methods include tracking.

Customs and Duties: International customers are responsible for any customs duties, import taxes, or fees charged by their local authorities. We have no control over these charges and cannot predict their amounts.

Free Shipping: We offer free standard shipping on all orders. Free shipping is subject to change without notice.

SECTION 27 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: