Term & Conditions

Last Updated: 31/12/2025

1. Introduction

Welcome to SMC Smart Shop (“SMC Smart Shop,” “we,” “us,” “our”), a multi-vendor online marketplace operating in Kenya and shipping products globally. These Terms and Conditions (“Terms”) govern your access to and use of our website, mobile platforms, applications, and services (collectively, the “Platform”).

Business Details

  • Business Name: SMC Smart Shop
  • Address: Western Heights, Karuna Rd, Westlands, Nairobi, Kenya
  • Phone: +254 755 255 502
  • Abuse & Compliance Email: abuse@smcsmart.shop

By accessing, browsing, registering, or using SMC Smart Shop in any manner, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Platform immediately.

These Terms apply to all users, including but not limited to customers, vendors, merchants, sellers, buyers, visitors, and contributors of content.

2. Definitions

For purposes of these Terms:

  • “Platform” means the SMC Smart Shop website, mobile apps, and related services.
  • “User” refers to any person accessing or using the Platform.
  • “Customer” refers to any user who purchases goods or services.
  • “Vendor” or “Seller” refers to third-party merchants offering products or services through the Platform.
  • “Content” includes text, images, graphics, product listings, descriptions, reviews, logos, and other materials.
  • “Order” refers to a request to purchase goods or services placed by a customer.

3. Eligibility and User Accounts

3.1 Eligibility

You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Platform. By using SMC Smart Shop, you represent and warrant that you meet this requirement.

3.2 Account Registration

To access certain features, you may be required to create an account. You agree to:

  • Provide accurate, complete, and current information
  • Maintain the confidentiality of your login credentials
  • Accept responsibility for all activities under your account

SMC Smart Shop reserves the right to suspend or terminate accounts that provide false information or violate these Terms.

4. Nature of the Platform (Multi-Vendor Marketplace)

SMC Smart Shop operates as a facilitator and marketplace, connecting buyers and independent third-party vendors. Unless explicitly stated, SMC Smart Shop does not manufacture, store, or directly sell vendor products.

  • Vendors are responsible for the accuracy of product listings
  • Vendors are responsible for order fulfillment and compliance with laws
  • SMC Smart Shop is not a party to the sales contract between customers and vendors

5. Product Listings and Availability

  • Product descriptions, images, prices, and availability are provided by vendors or SMC Smart Shop and may change without notice.
  • We do not guarantee that product descriptions are error-free or complete.
  • In case of pricing or listing errors, we reserve the right to cancel or refuse orders.

6. Orders and Acceptance

6.1 Order Placement

By placing an order, you make an offer to purchase a product subject to these Terms and the vendor’s conditions.

6.2 Order Acceptance

An order is considered accepted only after confirmation is issued and payment is successfully processed.

6.3 Order Cancellation

We reserve the right to cancel or limit orders due to:

  • Product unavailability
  • Pricing or listing errors
  • Suspected fraud or abuse
  • Legal or regulatory restrictions

7. Pricing, Payments, and Taxes

7.1 Pricing

All prices are displayed in applicable currencies and may exclude shipping, duties, or taxes unless stated otherwise.

7.2 Payment Methods

We accept payments through approved third-party payment providers. SMC Smart Shop does not store sensitive payment information.

7.3 Taxes and Duties

Customers are responsible for:

  • Applicable VAT, customs duties, import taxes, and levies
  • Compliance with local import regulations for international shipments

8. Shipping and Delivery

  • Shipping timelines are estimates and not guarantees
  • Delivery delays may occur due to customs, logistics partners, weather, or force majeure events
  • International shipments may be subject to additional inspections and charges

SMC Smart Shop is not liable for delays caused by third-party carriers or customs authorities.

9. Returns, Refunds, and Disputes

Return and refund policies may vary depending on the vendor. Customers are advised to review vendor-specific policies before purchasing.

SMC Smart Shop may assist in dispute resolution but does not guarantee outcomes. Refunds, where applicable, are processed using the original payment method.

10. Vendor Obligations

Vendors using the Platform agree to:

  • Provide lawful, accurate, and non-misleading product listings
  • Fulfill orders promptly and professionally
  • Comply with Kenyan laws and applicable international trade regulations
  • Respect customer rights and data protection laws

Failure to comply may result in suspension or termination of vendor accounts.

11. Prohibited Activities

Users must not:

  • Use the Platform for unlawful or fraudulent purposes
  • Upload false, misleading, or infringing content
  • Attempt to hack, disrupt, or interfere with the Platform
  • Abuse promotions, refunds, or payment systems
  • Harass, threaten, or harm other users or vendors

Reports of abuse should be sent to abuse@smcsmart.shop.

12. Intellectual Property Rights

All Platform content, trademarks, logos, and designs are owned by or licensed to SMC Smart Shop unless otherwise stated.

Users may not reproduce, distribute, modify, or exploit any content without prior written consent.

13. User-Generated Content and Reviews

By submitting reviews or content, you grant SMC Smart Shop a non-exclusive, royalty-free, worldwide license to use, display, and distribute such content.

We reserve the right to remove content that violates these Terms or applicable laws.

14. Privacy and Data Protection

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect personal data in compliance with Kenyan data protection laws and applicable international regulations.

15. Limitation of Liability

To the maximum extent permitted by law:

  • SMC Smart Shop is not liable for indirect, incidental, or consequential damages
  • We do not guarantee uninterrupted or error-free service
  • We are not responsible for vendor actions or product quality

Our total liability shall not exceed the amount paid by the customer for the relevant order.

16. Indemnification

You agree to indemnify and hold harmless SMC Smart Shop, its directors, employees, and partners from claims, losses, or damages arising from:

  • Your misuse of the Platform
  • Violation of these Terms
  • Infringement of third-party rights

17. Suspension and Termination

We reserve the right to suspend or terminate access to the Platform without prior notice if:

  • These Terms are violated
  • Fraud or illegal activity is suspected
  • Required by law or authorities

Termination does not affect accrued rights or obligations.

18. Force Majeure

SMC Smart Shop shall not be liable for failure or delay in performance due to events beyond reasonable control, including but not limited to natural disasters, strikes, pandemics, government actions, or internet failures.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of Kenyan courts.

20. International Use

Users accessing the Platform from outside Kenya do so at their own risk and are responsible for compliance with local laws, customs regulations, and import/export requirements.

21. Amendments to These Terms

We may update these Terms at any time. Changes will be effective upon posting on the Platform. Continued use of the Platform constitutes acceptance of the updated Terms.

22. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and other posted policies, constitute the entire agreement between you and SMC Smart Shop regarding use of the Platform.

24. Contact Information

For questions, concerns, or legal notices, contact us at:

SMC Smart Shop
Western Heights, Karuna Rd
Westlands, Nairobi, Kenya
📞 +254 755 255 502
📧 abuse@smcsmart.shop

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