Terms & Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement made and entered into by and between you ("User", "you", or "your") and Kamukunji.com Limited, a limited liability company duly incorporated under the laws of the Republic of Kenya ("Kamukunji", "the Company", "we", "us", or "our"), governing your access to and use of the kamukunji.com website, any associated mobile applications, application programming interfaces, and all related services (collectively, the "Platform").

By accessing or browsing the Platform, creating an account, or placing an Order, you irrevocably acknowledge and confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, each as amended from time to time, and that you possess the legal capacity to enter into a binding contract under the Law of Contract Act (Cap. 23, Laws of Kenya). If you do not agree to these Terms in their entirety, you must immediately cease all use of the Platform.

These Terms operate in conjunction with, and without prejudice to, your statutory rights under the Consumer Protection Act, 2012 (Kenya), the Sale of Goods Act (Cap. 31), and any other applicable mandatory consumer protection legislation, which shall prevail to the extent of any inconsistency that cannot lawfully be excluded.

2. Definitions and Interpretation

• "Platform" means the kamukunji.com website and all associated applications, interfaces, and services operated by the Company.
• "Products" means goods listed for sale on the Platform, whether sold by the Company directly or by a Third-Party Merchant.
• "Order" means an offer by a User to purchase one or more Products, which becomes binding only upon issuance of an Order Confirmation.
• "Third-Party Merchant" or "Vendor" means a business or individual verified and authorised by the Company to list Products on the Platform pursuant to a separately executed Vendor Agreement.
• "Sourcing Partner" means an independent physical trader, wholesaler, or supplier from whom the Company procures Products on a dynamic, per-Order basis.
• "Buyer" means a User who places an Order.
• "Delivery Date" means the date on which the Product is delivered to the address specified in the Order, as evidenced by courier records.
• "Business Day" means any day other than Saturday, Sunday, or a gazetted public holiday in the Republic of Kenya.
• "Escrow" means the temporary holding of transaction funds by the Company pending fulfilment, inspection, or dispute resolution as described in clause 9.

In these Terms, unless the context otherwise requires: (a) words importing the singular include the plural and vice versa; (b) headings are for convenience only and shall not affect interpretation; (c) references to statutes include all amendments, re-enactments, and subsidiary legislation made thereunder; and (d) the words "including" and "in particular" shall be construed without limitation.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least eighteen (18) years of age to create an account or make a purchase on the Platform. By registering, you represent and warrant that you meet this requirement and that all registration information supplied is true and accurate.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. You must notify us immediately at help@kamukunji.com if you suspect unauthorised access. Kamukunji shall not be liable for any loss or damage arising from unauthorised use of your account where such use results from your failure to safeguard your credentials.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it as necessary. We reserve the right, at our sole and absolute discretion, to suspend or terminate accounts where information is found to be false, misleading, or fraudulent.

4. Dual-Merchant Structure ("Sold By" Disclosure)

The Platform features two distinct classes of Product listings, and the legal character of each transaction differs materially depending on the identity of the merchant of record:

Products listed on the Platform may be sold directly by kamukunji.com market or by verified third-party merchants. The identity of the merchant is displayed on the product page via the "Sold By" badge. For items sold by third-party merchants, the Platform acts strictly as an intermediary technology bridge.

4.1 Company-Sold Products

Where a Product listing bears the "Sold by kamukunji.com" badge, the Company is the merchant of record and the contract of sale is concluded directly between you and the Company.

4.2 Vendor-Sold Products

Where a Product listing bears a "Sold by [Vendor Name]" badge, the contract of sale is concluded between you and the named Third-Party Merchant. In such transactions, the Company acts solely as a facilitating intermediary providing payment processing, escrow, logistics coordination, and dispute administration services, and does not itself sell, own, or take title to the Product at any point. The Company makes no representation or warranty as to Products sold by Third-Party Merchants beyond the protections expressly set out in clause 9 (Dispute Resolution) and clause 8 (Returns).

5. Products, Pricing, and Availability

5.1 Product Listings

All Products are subject to availability. We reserve the right to limit quantities, discontinue Products, or modify descriptions at any time without prior notice.

5.2 Pricing

All prices are displayed in Kenyan Shillings (KSh) and are inclusive of applicable VAT unless expressly stated otherwise. Prices are subject to change at any time without notice. Wholesale prices are dynamically applied based on the quantity added to the cart. Subject to clause 5.4 below, the price confirmed at checkout is the binding price for that Order.

5.3 Errors

We take reasonable care to display accurate prices and product descriptions. Notwithstanding the foregoing, where a manifest error in pricing or description is discovered after an Order is placed, we shall notify you and offer, at your election, a full refund or the option to complete the purchase at the corrected price. A manifest pricing error shall not constitute an offer capable of acceptance.

5.4 Pricing and Inventory Disclaimer — Dynamic Sourcing

You acknowledge and accept that the Company operates a dynamic sourcing model and does not maintain its own warehouse inventory for all listed Products. Products may be procured from independent Sourcing Partners on a per-Order basis after checkout. As a consequence, stock availability and supplier pricing are subject to fluctuation between the time an Order is placed and the time procurement is effected, and circumstances may arise in which a Sourcing Partner exhausts stock or revises its price before the Company completes procurement.

We reserve the right to cancel any order and issue a full refund if an item becomes unavailable with our sourcing partners or if a pricing error occurs.

Where an Order is cancelled pursuant to this clause 5.4, the Company's sole and entire liability to you shall be the refund of all sums actually paid in respect of the affected Order, processed via the original payment method within the timelines set out in clause 8.4. The Company shall not be liable for any loss of bargain, loss of anticipated savings, or other consequential loss arising from such cancellation.

6. Orders and Payment

6.1 Order Process

The placement of an Order constitutes an offer by you to purchase the relevant Products. A binding contract is formed only upon our issuance of an Order Confirmation by email or SMS, and, in the case of dynamically sourced Products, remains subject to the cancellation right reserved in clause 5.4. We reserve the right to decline any Order at our discretion, including where fraud risk is detected or where the Order violates these Terms.

6.2 Payment Methods

• M-Pesa (Lipa Na M-Pesa / STK Push): Payment is captured immediately upon authorisation.
• Visa and Mastercard: Card payments are processed through a PCI-DSS certified third-party gateway. The Company does not store full card numbers.
• Cash on Delivery: Available for select locations in Nairobi only. Applicable orders attract a service fee disclosed at checkout.

6.3 Failed or Reversed Payments

If payment fails, is reversed, or is subject to chargeback, your Order will be automatically cancelled. Kamukunji reserves the right to hold Orders pending payment verification where fraud risk is detected, and to recover from you any costs, penalties, or fees incurred as a result of fraudulent or reversed payments initiated in bad faith.

6.4 Escrow for Vendor-Sold Products

For Vendor-Sold Products, payment made at checkout is held by the Company in Escrow and is not remitted to the Third-Party Merchant until fulfilment is confirmed and any applicable dispute window has elapsed, in accordance with clause 9.

7. Delivery

7.1 Delivery Timelines

• Nairobi: 1–2 Business Days.
• Other urban centres: 2–3 Business Days.
• Upcountry / remote areas: 3–5 Business Days.
• Same-day delivery: Available in select Nairobi zones for orders placed before 11:00 AM on a Business Day.

All delivery timelines are estimates only, given in good faith, and time shall not be of the essence. Timelines for dynamically sourced Products commence upon successful procurement from the Sourcing Partner, not upon Order Confirmation.

7.2 Delivery Address

You are solely responsible for providing a complete and accurate delivery address. Kamukunji is not responsible for delays or failed deliveries resulting from incorrect or incomplete addresses provided by you.

7.3 Risk and Title

Risk in the Products passes to you upon delivery. Title in Company-Sold Products passes to you upon receipt of full cleared payment. Title in Vendor-Sold Products passes directly from the Third-Party Merchant to you upon delivery; the Company does not at any time acquire or hold title to Vendor-Sold Products.

7.4 Undeliverable Orders

If a delivery attempt is unsuccessful because you are not available, our courier will attempt re-delivery once. If the second attempt also fails, the Order will be returned to our dispatch facility and a re-delivery fee will apply. Failure of delivery due to your unavailability shall not extend the return window in clause 8.

8. Returns, Exchanges, and Refunds

8.1 Eligibility for Return

A return request is only eligible if all of the following cumulative conditions are met:

• The request is submitted within 3 calendar days of the Delivery Date.
• The Product is unused, unworn, and in its original condition.
• The Product is in its original packaging with all tags, accessories, manuals, and warranty cards intact.
• A valid Order number and proof of delivery are provided.
• The Product is not in a non-returnable category (see clause 8.2).

8.2 Non-Returnable Items

The following categories are non-returnable and non-refundable under any circumstances, save where the Product is defective or not as described:

• Perishable goods (food items, fresh produce).
• Personal care and hygiene products (cosmetics, undergarments, health supplements) once opened.
• Digital products, software, and vouchers once delivered or redeemed.
• Products that have been used, washed, altered, or damaged after delivery.
• Hazardous materials.

8.3 How to Initiate a Return

To initiate a return, contact our support team within 3 days of delivery via:

• WhatsApp: +254 746 341 468 (fastest response)
• Email: help@kamukunji.com with subject line "Return Request — Order #[number]"

We will issue a Return Merchandise Authorisation (RMA) number and collection instructions. Products returned without a valid RMA number will not be accepted and will be returned to you at your cost.

8.4 Refunds

Once a returned Product is received and inspected (within 2 Business Days of receipt), we will notify you of the approval or rejection of your refund:

• M-Pesa refunds: Processed within 24 hours of approval.
• Card refunds: Processed within 5–10 Business Days depending on your card issuer.
• Delivery fees are non-refundable unless the return is due to an error attributable to the Company or the relevant Vendor (e.g. wrong item sent, item damaged in transit).

8.5 Exchanges

Exchanges are processed as a return of the original item and a new Order. You will receive a refund for the returned item (subject to clause 8.4) and must place a new Order for the replacement item. We do not hold or reserve stock for exchanges pending return receipt.

9. Dispute Resolution — Split Framework by Merchant Class

The party responsible for customer service, remedy, and refund funding depends on the merchant of record identified on the "Sold By" badge at the time of purchase:

9.1 Company-Sold Products

For Products sold directly by kamukunji.com, the Company is fully responsible for customer service, handles all complaints directly, and funds any approved refund or replacement from its own resources in accordance with clause 8.

9.2 Vendor-Sold Products — Escrow-Based Resolution

For Products sold by Third-Party Merchants, the following escrow-based procedure applies:

• Funds paid by the Buyer are held by the Company in Escrow and are not released to the Vendor until fulfilment is confirmed and the 3-day return window has elapsed without a valid complaint.
• Upon receipt of a complaint within the return window, the Company will suspend release of the escrowed funds and conduct an impartial investigation, which may include review of listing content, fulfilment records, courier evidence, photographs, and submissions from both parties.
• If the investigation determines that the Vendor supplied a wrong, counterfeit, materially misdescribed, or defective item, the Buyer will be refunded from the funds held in Escrow attributable to that Vendor, and the Vendor shall bear the associated logistics costs.
• If the investigation determines the complaint is unfounded, the escrowed funds will be released to the Vendor in the ordinary course.
• The Company's determination following investigation shall be final for the purposes of escrow release, without prejudice to either party's rights at law.

In administering this procedure, the Company acts as a neutral intermediary and does not assume the Vendor's liability as seller. The Company's role is limited to holding and directing the escrowed funds in accordance with this clause.

10. Prohibited Uses

You shall not use the Platform to:

• List, sell, or purchase counterfeit, stolen, smuggled, or illegal goods.
• Engage in price manipulation, shill bidding, or market abuse.
• Scrape, harvest, or systematically download Platform content without prior written permission.
• Introduce viruses, trojans, worms, or other malicious code.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Circumvent the Platform to transact directly with Vendors or Sourcing Partners introduced via the Platform, where such circumvention is intended to avoid fees.
• Use the Platform in any way that violates applicable Kenyan law or international law.

11. Intellectual Property

All content on the Platform — including but not limited to text, graphics, logos, trade names, images, data compilations, and software — is the property of Kamukunji.com Limited or its licensors and is protected by Kenyan and international intellectual property laws, including the Copyright Act, 2001 and the Trade Marks Act (Cap. 506). You may not reproduce, distribute, publicly display, or create derivative works from such content without our express prior written permission.

12. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement, save to the extent such warranties cannot be excluded under applicable law. We do not warrant that the Platform will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components.

13. Limitation of Liability

To the maximum extent permitted by Kenyan law, the Company's total aggregate liability to you for any and all claims arising from or in connection with your use of the Platform, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount actually paid by you for the specific Order giving rise to the claim. In no event shall the Company be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, loss of profits, loss of data, or loss of goodwill, howsoever arising, even if advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising from or in connection with: (a) your use or misuse of the Platform; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) your infringement of any third-party right, including intellectual property and privacy rights.

15. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, flood, fire, epidemic, civil unrest, governmental action, telecommunications or power failure, mobile money network outages, courier strikes, or supply disruptions affecting Sourcing Partners. Performance shall be suspended for the duration of the force majeure event.

16. Termination

We reserve the right to suspend or terminate your account, cancel Orders, or restrict access to the Platform at our sole discretion, with or without notice, for any violation of these Terms or applicable law. Clauses which by their nature are intended to survive termination — including clauses 11 to 14 and 17 — shall so survive. Outstanding payment obligations survive termination.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

17.2 Dispute Resolution

In the event of a dispute, you agree to first attempt amicable resolution by contacting our support team. If the dispute is not resolved within thirty (30) days of first notification, either party may refer the matter to the courts of competent jurisdiction in the Republic of Kenya. Nothing herein prevents either party from seeking urgent interlocutory relief.

18. Severability, Waiver, and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to render it enforceable. No failure or delay by the Company in exercising any right shall operate as a waiver thereof. These Terms, together with the Privacy Policy and any Order Confirmation, constitute the entire agreement between you and the Company with respect to the Platform and supersede all prior understandings.

19. Amendments

We may update these Terms at any time. We will provide at least fourteen (14) days' notice of material changes via email or a prominent notice on the Platform. Continued use of the Platform after the effective date of any change constitutes your acceptance of the updated Terms.

20. Contact

For any questions about these Terms, contact:

• Email: legal@kamukunji.com
• WhatsApp: +254 746 341 468
• Address: Kamukunji.com Limited, Nairobi, Kenya