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

1.1. 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

2.1. Smartply shall be responsible for listing of 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.

2.2 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

3.1. 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

4.1. 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.

4.2. 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.

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

5. Fulfilment, packaging and delivery

5.1. 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; and
  2. Deliver the products to your selected couriers drop off point in accordance with their timelines, opening hours and procedures specified in their Delivery Guidelines.

5.2. 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.

5.2.1. 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 the snapshot of the receipt and upload 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.

5.2.2. It’s important to note that we do not own any control over any of the selected Courier; 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 of packages.

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

6. Confidentiality and data privacy

6.1. 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

7.1. 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

8.1. 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.

8.2. 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

9.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

9.2. 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. 10.1. A customer who wishes to raise an issue about the product that may result into a return shall 1st raise the Issue with our aftersales team first on the Portal, the issue shall be reviewed within 48 working hours after which a return maybe created or declined, If created; the return costs shall be taken care of by the customer.
  2. 10.1.2. Some times as it may, a return request may be rejected based on the following grounds;
    1. 10.1.2.1 Change of Mind
    2. 10.1.2.2 Time limitations- 2 working days
    3. 10.1.2.3 Item already used
    4. 10.1.2.4 Issue raised arose as a result of the Customer or the Couriers negligence
    5. 10.1.2.5 The Item was opened and parts changed/replaced
    6. 10.1.2.6. Broken seal
    7. 10.1.2.7 Any other issue that may arise upon inspection of the physical item by our after sales team that may raise elements of malice from the Customers or Couriers side
    8. 10.1.2.8 If the inspection leads to rejection, the customer shall be required to make arrangements and collect back such items within 7 working days after which the item/s shall be forfeited
  3. 10.2. A return if approved may be subjected to three scenarios;
    1. 10.2.1. A refund, within two working days
    2. 10.2.2. A replacement, with the customer taking care of the logistics costs
    3. 10.2.3. A repair at our service center point and the costs shall be taken care of by the party that caused harm to the product

11. Our company details

11.1. The marketplace is operated by Smartply Merchants, registered to trade or conduct business in Kenya under registration number PVT-RXU2DL7E.