Terms and Conditions

  1. Introduction
  2. Product listings
  3. The products
  4. Pricing
  5. Fulfilment, packaging and delivery
  6. Confidentiality and data privacy
  7. Miscellaneous
  8. Third Party Rights
  9. Laws and Jurisdiction
  10. Return Policy and Procedures
  11. Our Company

1. Introduction

Smartply operates as an e-commerce platform consisting of a website and a mobile application ("marketplace"), together with 'selected' supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Kenya ("territory").

2. Product listings

Smartply shall be responsible for listing products on the marketplace by uploading to the smartply website a completed product page which shall include prices, detailed information, specifications and images in respect of each product.

The listings shall include all such information, specifications and guidelines as may be required pursuant to all applicable laws and regulations, including in respect of consumer protection.

3. The products

The only products that may be the subject of a listing on our marketplace are products falling within the product categories specified on the marketplace.

4. Pricing

All prices of products shall be stated inclusive of VAT and any other tax applicable to the transaction and in the currency of the territory.

We shall be solely responsible for setting the prices of our products on the marketplace, which may be amended from time to time to match the economic times.

The pricing of our products shall comply with all applicable laws, including competition laws.

5. Fulfilment, packaging and delivery

Upon receipt of a confirmation of purchase from you as a customer, we shall:

  1. Process the order by packing and labeling the product(s) in accordance with the Packaging Guidelines.
  2. Deliver the products to your selected courier's drop-off point in accordance with their timelines, opening hours, and procedures specified in their Delivery Guidelines.

Section 5.1.2 above shall not apply in the event that you request, and we approve in writing, or by way of a phone call, another means of delivery by consignment, which shall be managed in accordance with their Guidelines.

Upon processing of an order, we shall take a snapshot of the package, update on the portal, present the order to your preferred courier, hand over the item, take a snapshot of the receipt, and upload it on the portal too. Up to this point, the liability and ownership of the product would have shifted to the Courier and the Customer respectively.

It’s important to note that we do not have any control over any of the selected Couriers; we only give a list of suggestions. Once we hand over the goods to the courier, they shall also apply their internal regulations on handling packages.

Delivery timelines shall be as per the guidelines of the selected courier.

6. Confidentiality and data privacy

All information and documents concerning the conduct of business pursuant to these general terms and conditions, including information relating to business methods, procedures, policies, and sales information, is strictly confidential unless it is already in the public domain. You shall not use Smartply’s confidential information for any purpose other than to perform your obligations under this Agreement and you shall not disclose Smartply’s confidential information without our prior written consent.

7. Miscellaneous

These terms and conditions are subject to the general terms and conditions and shall be governed by and construed in accordance with the laws of the territory, specifically, the Sale of Goods Act.

8. Third party rights

A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.

9. Law and jurisdiction

These general terms and conditions shall be governed by and construed in accordance with the laws of the territory. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

10. Return policy and procedures

  1. A customer who wishes to raise an issue about the product that may result in a Return must first notify the seller via our platform within 24 hours upon receiving the product or services.
  2. A customer shall not make any step towards returning a product before being authorized by the seller via a system-generated return approval, that would be unique for every transaction. Any item returned without the Return Authorization will not be accepted.
  3. The returned item must be in its original form and free from any defect or damage, for it to be accepted and approved for refund or exchange, as the case may be. It is important to note that we also do not refund the Courier costs incurred in sending the item back to us.

11. Our Company

This platform is provided and operated by Smartply and affiliates.