PhoneCart Kenya Mithoo Business Centre, 1st Floor, Moi Avenue, Nairobi, Kenya Email: phonecartkenya@gmail.com Phone: +254 799 050104
By accessing, browsing, registering an account on, or placing an order through the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Use of the Website
1.1 You must be at least 18 years old or have legal guardian consent to use the Services and enter into contracts. 1.2 You agree to use the Services only for lawful purposes and in accordance with these Terms. 1.3 You may not: (a) use the Services for any illegal or unauthorized purpose; (b) interfere with or disrupt the Services; (c) attempt to gain unauthorized access; (d) transmit viruses or harmful code; (e) copy, reproduce, or scrape content without permission.
2. Account Registration
2.1 To place orders, you may need to create an account with accurate information. 2.2 You are responsible for maintaining the confidentiality of your login credentials and all activities under your account. 2.3 Notify us immediately of any unauthorized use.
3. Products and Orders
3.1 All products displayed are subject to availability. We reserve the right to discontinue or modify products without notice. 3.2 Prices are in Kenyan Shillings (KES) and include VAT where applicable unless stated otherwise. We reserve the right to correct pricing errors. 3.3 Placing an order constitutes an offer to purchase. We may accept or reject it (e.g., due to stock unavailability, pricing errors, suspected fraud). 3.4 An order confirmation email does not constitute acceptance; acceptance occurs upon dispatch confirmation or when goods are handed over for delivery. 3.5 We may cancel orders or refuse service if we suspect fraud, breach of these Terms, or for any other legitimate reason.
4. Payment
4.1 We accept payments via M-Pesa, card payments (through secure third-party gateways), bank transfers, or other methods displayed at checkout. 4.2 Full payment is required before dispatch unless credit terms are agreed in writing. 4.3 You authorize us (or our payment processor) to charge the selected payment method. 4.4 We do not store full card details; payment processing is handled by PCI-DSS compliant providers.
5. Delivery and Shipping
5.1 Delivery is limited to Kenya unless otherwise stated. 5.2 Delivery times are estimates only and not guaranteed. 5.3 Risk of loss passes to you upon delivery or collection. 5.4 Additional charges may apply for remote areas, expedited shipping, or re-delivery. 5.5 Title to goods passes to you upon full payment and delivery.
6. Returns, Refunds, and Cancellations
6.1 We offer a 7-day return policy for most items (from date of receipt) provided goods are unused, in original packaging, with all accessories/tags intact, and accompanied by proof of purchase. 6.2 Certain items (e.g., sealed hygiene products, personalized items, software) are non-returnable unless defective. 6.3 Defective/damaged/wrong items: Report within 48 hours of receipt. We will arrange repair, replacement, or refund at our discretion. 6.4 Refunds are processed to the original payment method within 14 working days after we receive returned goods (where applicable). 6.5 Cancellation before dispatch: Possible subject to a possible restocking/admin fee. After dispatch, standard return policy applies. 6.6 Nothing in this section affects your statutory rights under the Consumer Protection Act, 2012 (including rights against unfair practices, right to quality goods, and cancellation rights where supplier fails to provide required pre-contract information).
7. Warranties and Liability
7.1 Products come with manufacturer warranties where applicable. Details provided with the product or on request. 7.2 We warrant that goods will match description and be of satisfactory quality at time of sale (per Sale of Goods Act). 7.3 To the maximum extent permitted by law, we exclude all other warranties (express or implied). 7.4 Our total liability for any claim shall not exceed the price paid for the product giving rise to the claim. 7.5 We are not liable for indirect, consequential, or special damages (e.g., loss of profits, data, business interruption). 7.6 Nothing in these Terms excludes or limits liability for death/personal injury caused by negligence, fraud, or matters where liability cannot be excluded by law.
8. Intellectual Property
8.1 All content on the Website (text, images, logos, designs) is owned by us or our licensors and protected by copyright, trademark, and other laws. 8.2 You may view and print content for personal, non-commercial use only. Any other use requires written permission.
9. User Content
9.1 If you post reviews, comments, or other content, you grant us a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, and display it. 9.2 You warrant that your content does not infringe third-party rights and is not unlawful, defamatory, or obscene.
10. Indemnity
You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your breach of these Terms or misuse of the Services.
11. Termination
We may suspend or terminate your access to the Services at any time for breach of these Terms or for any other reason, without liability.
12. Governing Law and Dispute Resolution
12.1 These Terms are governed by the laws of the Republic of Kenya. 12.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya. 12.3 We encourage informal resolution first — contact us before legal action.
13. Changes to Terms
We may update these Terms. Continued use after changes constitutes acceptance. Significant changes will be notified via email or website notice.
14. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control (e.g., strikes, natural disasters, government actions, internet outages).
15. Severability
If any provision is held invalid, the remainder remains in full force.
16. Entire Agreement
These Terms (together with our Privacy Policy and any order-specific terms) constitute the entire agreement between you and us.
17. Contact Us
For questions about these Terms: Email: phonecartkenya@gmail.com Phone: +254 799 050104
Thank you for shopping with PhoneCart Kenya.