1. INTRODUCTION

Welcome to SMC Smart Shop.

These Terms and Conditions (“Terms”) govern your access to and use of the website smcsmart.shop, including any purchases, orders, communications, services, digital features, promotions and transactions made through the Website.

The Website is operated by SMC Smart Shop, operated by [INSERT REGISTERED LEGAL BUSINESS NAME], registered in Kenya under registration number [INSERT REGISTRATION NUMBER], with its principal place of business at [INSERT REGISTERED/PHYSICAL ADDRESS].

In these Terms:

“SMC Smart Shop”, “SMC”, “we”, “us” and “our” refer to the operator of smcsmart.shop.
“Customer”, “you” and “your” refer to any person accessing the Website or purchasing goods from us.
“Website” means smcsmart.shop and its associated pages, systems and online services.
“Products” means goods offered for sale through the Website.
“Order” means a request submitted by you to purchase Products from us.

By accessing the Website, creating an account, submitting an Order, making payment or otherwise using our services, you agree to these Terms.

If you do not agree with these Terms, you should not use the Website or submit an Order.

Nothing in these Terms is intended to exclude, restrict or override any consumer right that cannot lawfully be excluded under Kenyan law.

2. ELIGIBILITY TO USE THE WEBSITE

You must be at least eighteen (18) years old and legally capable of entering into a binding contract to place an Order through the Website.

If you are under 18, a parent, guardian or other legally authorised adult must make the purchase on your behalf.

By placing an Order, you confirm that:

you are legally capable of entering into the transaction;
the information you provide is accurate;
you are authorised to use the payment method selected;
you are purchasing the Products for lawful purposes; and
you have reviewed the Product information and these Terms before submitting the Order.

3. OUR PRODUCTS

SMC Smart Shop sells consumer electronics, smart devices, accessories, wearable technology, connected devices and other technology-related products displayed on the Website from time to time.

Products may include, without limitation:

smart glasses;
wearable technology;
smart-home devices;
speakers and audio products;
electronic accessories;
artificial-intelligence-enabled devices;
communication devices;
computing accessories; and
other consumer technology products.

Our Product range may change without notice.

We may introduce, discontinue, modify or restrict the availability of a Product at any time.

4. PRODUCT INFORMATION

We endeavour to provide accurate descriptions, specifications, photographs, compatibility information, dimensions, colours and other Product information.

However:

photographs may appear differently depending on your screen or device;
colours may vary slightly from photographs;
packaging may change without notice;
manufacturers may make minor technical or cosmetic modifications;
actual Product dimensions may vary within reasonable manufacturing tolerances; and
specifications supplied by manufacturers may occasionally change.

A Product image is primarily illustrative unless expressly stated otherwise.

Where there is a significant difference between a Product supplied and the description under which it was sold, your rights under applicable consumer protection law remain unaffected.

5. THIRD-PARTY AND MANUFACTURER PRODUCTS

Some Products offered by SMC Smart Shop are manufactured, branded, licensed or supported by third parties.

References to trademarks, manufacturers, product names or logos do not imply that SMC Smart Shop owns those brands.

Where applicable, Product performance may depend on:

third-party applications;
internet access;
Bluetooth;
Wi-Fi;
mobile applications;
cloud services;
manufacturer accounts;
operating systems;
smartphones;
geographic availability;
subscriptions; or
third-party software.

You are responsible for confirming that a Product is compatible with your intended devices, network, operating system or intended use before ordering where compatibility information is reasonably available.

6. AI-ENABLED AND SMART PRODUCTS

Certain Products may contain artificial-intelligence, voice recognition, sensor, camera, microphone, cloud-computing or automated features.

Such functions may be provided partly or entirely by the Product manufacturer or another third-party service provider.

SMC Smart Shop does not guarantee that:

an AI system will always produce accurate results;
voice recognition will understand every speaker;
third-party AI services will remain available indefinitely;
cloud-connected features will remain free;
third-party applications will remain compatible; or
manufacturer software will receive updates indefinitely.

Customers should review the manufacturer’s privacy policy, software terms and operating instructions before activating connected features.

AI-generated, automated or voice-recognition outputs should not be relied upon for medical, legal, financial, safety-critical or emergency decisions unless the Product is expressly certified for that purpose.

7. PRICES

Product prices will be displayed on the Website.

Unless otherwise stated, the price displayed when you submit your Order is the price applicable to that Order.

Prices may be displayed in Kenya Shillings (KES), United States Dollars (USD) or another clearly identified currency.

We may change Product prices at any time before an Order has been accepted.

Price changes do not affect Orders already accepted by us.

8. TAXES, DUTIES AND OTHER CHARGES

Where applicable, prices may include or exclude VAT, import duties, customs charges, delivery charges or other statutory charges as indicated during checkout.

The total amount payable will be shown before you confirm your Order to the extent reasonably practicable.

For international deliveries, the recipient may be responsible for:

import duties;
customs processing fees;
local taxes;
clearance charges; and
other governmental charges imposed in the destination country.

Unless expressly stated otherwise, these international charges are the customer’s responsibility.

9. PRICING ERRORS

We make reasonable efforts to ensure prices are accurate.

However, typographical, technical or administrative errors may occur.

If a Product has been incorrectly priced, we may contact you before fulfilment and offer you the option to:

proceed at the correct price; or
cancel the Order and receive a full refund of any amount already paid for that Product.

We will not intentionally use incorrect pricing or misleading price representations.

10. PROMOTIONS AND DISCOUNTS

From time to time, SMC Smart Shop may offer:

promotional discounts;
discount codes;
flash sales;
bundles;
introductory offers;
clearance sales;
free-delivery promotions;
referral incentives; or
other promotional programmes.

Promotions may be subject to additional conditions, including eligibility requirements, geographical restrictions and expiry dates.

Unless otherwise stated:

discount codes cannot be exchanged for cash;
only one promotional code may be used per Order;
promotions cannot be applied retrospectively;
expired promotions will not be honoured; and
promotions may exclude selected Products.

We may withdraw a promotion where fraud, misuse, a technical error or an obvious pricing mistake has occurred.

11. PLACING AN ORDER

To place an Order, you must follow the checkout process provided on the Website.

Before confirming payment, you should review:

the Product;
quantity;
price;
applicable taxes;
delivery charges;
delivery address;
telephone number;
email address; and
total amount payable.

You are responsible for correcting any errors before submitting the Order.

Submitting an Order constitutes an offer by you to purchase the relevant Products subject to these Terms.

12. ORDER CONFIRMATION AND FORMATION OF CONTRACT

After submitting an Order, you may receive an electronic acknowledgement confirming that we have received your Order.

An automated acknowledgement does not necessarily mean that the Order has been finally accepted.

A binding sales contract generally arises when:

we expressly confirm acceptance;
payment has been successfully authorised where required; and/or
the Product is dispatched,

whichever is stated in the applicable Order confirmation.

We reserve the right to decline an Order before acceptance where reasonably necessary, including because of:

stock unavailability;
suspected fraud;
payment failure;
pricing error;
incorrect Product information;
delivery restrictions;
legal or regulatory requirements; or
inability to fulfil the transaction.

Where we cancel an Order after receiving payment, we will refund the appropriate amount.

13. ELECTRONIC AGREEMENTS AND COMMUNICATIONS

You agree that Orders, confirmations, receipts, notices and other communications may be provided electronically.

We may send documents through:

email;
the Website;
SMS;
WhatsApp;
your customer account; or
another electronic channel you have authorised.

You are responsible for ensuring that the contact information supplied to us remains accurate.

We recommend retaining a copy of your Order confirmation and these Terms for your records.

14. PAYMENT

Available payment methods will be displayed during checkout.

Depending on availability, these may include:

M-Pesa;
bank transfer;
debit card;
credit card;
mobile money;
approved payment gateways; or
other payment methods.

Payment services may be processed by independent banks, mobile-money operators, card processors or payment service providers.

By selecting a third-party payment provider, you may also become subject to that provider’s terms and privacy policy.

SMC Smart Shop does not store complete card credentials where payments are processed directly by an authorised external payment processor.

15. PAYMENT AUTHORISATION

By submitting payment details, you represent that:

you are authorised to use the payment method;
the details supplied are correct;
sufficient funds or credit are available; and
the payment is lawful.

Orders may be suspended or cancelled where payment cannot be verified.

16. PAYMENT SECURITY AND FRAUD PREVENTION

We may conduct reasonable verification checks before processing an Order.

This may include requesting:

confirmation of identity;
confirmation of payment;
transaction reference;
telephone verification;
delivery confirmation; or
additional information reasonably necessary to prevent fraud.

We may decline or temporarily hold an Order where we reasonably suspect:

payment fraud;
identity theft;
unauthorised card use;
suspicious transaction activity; or
misuse of the Website.

We will process personal information used for fraud prevention in accordance with applicable data-protection requirements.

17. AVAILABILITY OF PRODUCTS

All Products are subject to availability.

A Product appearing as available online may occasionally become unavailable before inventory systems are updated.

If we cannot supply an ordered Product, we may:

offer an equivalent Product with your agreement;
offer store credit if you expressly agree;
allow you to wait for restocking; or
cancel the affected Product and provide an appropriate refund.

We will not substitute a materially different Product without your consent.

18. PRE-ORDERS AND BACKORDERS

Where a Product is labelled as a pre-order or backorder, any expected availability or delivery date is an estimate unless expressly guaranteed.

Manufacturer, importer, customs, transportation or other delays may affect the date.

Where a material delay occurs, we will endeavour to communicate updated information and provide any cancellation rights required by applicable law.

19. SHIPPING AND DELIVERY

We deliver Products to locations supported by our shipping network.

Available delivery options, charges and estimated delivery periods will ordinarily be displayed during checkout or communicated before fulfilment.

Where the Website advertises free shipping, free shipping applies subject to any geographical, Product, value or promotional limitations disclosed on the Website or during checkout.

Delivery estimates are not guarantees unless expressly stated otherwise.

20. DELIVERY TIMES

Delivery time may depend on:

Product availability;
destination;
courier availability;
weekends or public holidays;
weather;
customs clearance;
import procedures;
security restrictions;
transportation interruptions; or
events beyond our reasonable control.

We will make reasonable efforts to deliver within the estimated period.

21. DELIVERY INFORMATION

You must provide a complete and accurate:

recipient name;
telephone number;
email address where required;
physical or delivery address;
town/city;
county or region; and
any necessary delivery instructions.

SMC Smart Shop is not responsible for delays caused by materially inaccurate delivery information supplied by the customer.

If a parcel is returned because of an incorrect address or repeated unsuccessful delivery attempts, reasonable re-delivery costs may be charged where permitted by law.

22. RECEIVING A DELIVERY

Where reasonably possible, customers should inspect the outer packaging at delivery.

If packaging is visibly damaged, you should:

notify the courier where possible;
photograph the condition of the package;
retain the packaging; and
contact SMC Smart Shop promptly.

Signing for a parcel does not remove any statutory rights relating to defective, incorrect or damaged goods.

23. LOST OR MISSING DELIVERIES

If tracking indicates delivery but you have not received the parcel, contact us as soon as reasonably possible.

We may investigate the matter with the courier.

Customers must cooperate reasonably with investigations concerning lost, stolen or misdelivered parcels.

24. RISK AND OWNERSHIP

Risk in the Products generally passes to you when the Products are delivered to you or a person authorised by you to receive them, subject to applicable law.

Ownership of the Products passes to you once we have received full payment, unless applicable law provides otherwise.

25. INTERNATIONAL ORDERS

International orders may be subject to additional:

customs requirements;
import licences;
taxes;
duties;
inspection procedures;
Product restrictions; and
delivery delays.

You are responsible for ensuring that a Product may lawfully be imported into and used in your destination country.

26. RETURNS POLICY

SMC Smart Shop currently offers eligible customers returns within up to thirty (30) days, subject to the conditions below and any additional statutory rights available to the customer.

To qualify for a voluntary return, unless the Product is defective or applicable law provides otherwise:

the return request should be made within 30 days of delivery;
the Product should be returned in substantially the same condition in which it was received;
accessories, manuals and components supplied with the Product should be included;
proof of purchase should be provided;
the Product should not have been intentionally damaged or materially misused; and
any account locks, passwords or personal data should be removed where applicable.

The above conditions do not limit remedies that may be available where Products are defective, misrepresented, unsafe or otherwise supplied contrary to applicable consumer law.

27. RETURN AUTHORISATION

Before returning a Product, contact SMC Smart Shop through:

Email: [INSERT CUSTOMER SERVICE EMAIL]
Phone/WhatsApp: [INSERT PHONE NUMBER]

We may provide:

a return reference;
return instructions;
drop-off information; or
courier instructions.

Sending Products to an unapproved location may delay processing.

28. FREE RETURNS

Where a Product or promotion expressly includes free returns, SMC Smart Shop will cover the applicable standard return method specified by us, subject to the stated eligibility conditions.

Free return shipping may not apply to:

unauthorised return methods;
expedited courier services selected independently by the customer;
international returns unless expressly stated;
items damaged through misuse; or
returns outside the stated voluntary-return period,

unless applicable law requires otherwise.

29. DAMAGED, DEFECTIVE OR INCORRECT PRODUCTS

If you receive a Product that is:

materially defective;
materially damaged before delivery;
substantially different from the Product ordered;
missing essential components; or
otherwise not in accordance with applicable consumer requirements,

We may request photographs, video, serial numbers or other reasonable information to assess the issue.

Depending on the circumstances and your legal rights, the remedy may include:

repair;
replacement;
exchange;
refund; or
another remedy agreed with you.

30. PRODUCTS THAT MAY NOT QUALIFY FOR VOLUNTARY CHANGE-OF-MIND RETURNS

Subject always to mandatory consumer rights, voluntary returns may be restricted for Products such as:

personalised or specially ordered goods;
software or digital codes that have been activated;
sealed hygiene-sensitive Products after the seal has been broken;
Products materially damaged after delivery;
Products missing essential components due to the customer’s actions;
Products altered or modified by the customer; or
Products returned outside the voluntary return period.

A restriction under this clause does not apply where a statutory remedy exists because the Product was defective, unsafe or misrepresented.

31. REFUNDS

Approved refunds will ordinarily be made to the original payment method where reasonably possible.

Processing times may depend on the bank, payment processor, card provider or mobile-money operator.

Where a refund to the original method is impossible, we may agree with you on another appropriate refund method.

SMC Smart Shop will not require a customer to accept store credit instead of a legally required monetary refund.

32. MONEY-BACK GUARANTEE

Where SMC Smart Shop advertises a money-back guarantee, the guarantee applies subject to:

the advertised eligibility period;
these Terms;
the condition of the Product where the return is voluntary; and
any Product-specific conditions clearly disclosed before purchase.

The money-back guarantee is additional to, and does not replace, statutory consumer rights.

33. REFUND OF DELIVERY COSTS

Where the return results from our error or a defective or incorrect Product, delivery and return costs will be handled in accordance with applicable law and the circumstances of the Order.

For voluntary change-of-mind returns, delivery charges beyond any advertised free-return service may not necessarily be refundable.

34. WARRANTY

Products may be covered by:

a manufacturer’s warranty;
an SMC Smart Shop warranty;
statutory protections; or
a combination of these.

The applicable warranty period, where relevant, may be stated on the Product page, packaging, invoice, warranty card or accompanying documentation.

Manufacturer warranty terms may vary between Products.

35. WARRANTY EXCLUSIONS

Subject to statutory rights, a voluntary or manufacturer warranty may not cover damage resulting from:

accident;
negligence;
misuse;
liquid damage where the Product is not rated for such exposure;
incorrect electrical supply;
unauthorised modification;
unauthorised repair;
misuse of accessories;
physical abuse;
installation contrary to instructions;
normal wear and tear;
malware or unauthorised software; or
failure to follow manufacturer instructions.

These exclusions do not remove rights that cannot lawfully be excluded.

36. REPAIRS

Where repair is an appropriate remedy, we may:

repair the Product ourselves;
send it to an authorised technician;
return it to the manufacturer;
replace defective components; or
arrange another reasonable solution.

You should back up any data before submitting an electronic Product for repair.

Unless the law requires otherwise, we are not responsible for loss of customer data resulting from necessary repair, reset or replacement where we have advised the customer to make a backup.

37. PRODUCT SAFETY

Customers must use Products according to:

manufacturer instructions;
safety warnings;
electrical requirements;
age restrictions;
charging requirements;
environmental limitations; and
applicable laws.

Do not use a Product in a manner that creates an unreasonable risk of injury or property damage.

38. BATTERIES AND CHARGING DEVICES

Products containing lithium-ion or similar batteries should only be charged and stored according to manufacturer guidance.

Customers should not knowingly use:

visibly swollen batteries;
damaged charging cables;
damaged batteries;
incompatible chargers; or
Products that exhibit overheating or other dangerous behaviour.

If you suspect a battery safety issue, discontinue use and contact us or the manufacturer.

39. ACCOUNTS

Certain Website features may allow or require you to create an account.

You are responsible for:

maintaining confidentiality of your login details;
providing accurate account information; and
notifying us if you reasonably suspect unauthorised access.

You must not impersonate another person or create an account using misleading information.

40. ACCEPTABLE USE OF THE WEBSITE

You may use the Website only for lawful purposes.

You must not:

attempt unauthorised access to the Website;
interfere with Website security;
distribute malware or malicious code;
scrape the Website in a manner that materially disrupts our services;
use automated systems to commit fraud;
submit false payment information;
impersonate another person;
abuse promotional programmes;
place fraudulent Orders;
interfere with another customer’s account; or
use the Website for unlawful activity.

41. REVIEWS AND USER CONTENT

Customers may be permitted to submit:

Product reviews;
testimonials;
photographs;
comments;
questions; or
other content.

You must not submit content that is:

knowingly false;
defamatory;
threatening;
fraudulent;
discriminatory;
obscene;
unlawful;
infringing;
malicious; or
unrelated spam.

We may moderate or remove content where reasonably necessary.

We will not intentionally alter legitimate customer reviews to misrepresent customer sentiment.

42. INTELLECTUAL PROPERTY

Unless otherwise stated, the Website and its original content, including:

design;
layout;
graphics;
text;
logos;
photographs;
icons;
videos;
software;
databases; and
branding,

are owned by or licensed to SMC Smart Shop.

You may access Website content for personal, lawful shopping purposes.

You may not reproduce, distribute, commercially exploit or create derivative works from protected Website content without permission, except where permitted by law.

43. THIRD-PARTY TRADEMARKS

Product names, brands, trademarks and logos belonging to manufacturers or other third parties remain the property of their respective owners.

Their appearance on the Website does not transfer ownership to SMC Smart Shop.

44. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to:

manufacturer websites;
payment processors;
social-media platforms;
delivery providers;
applications;
software services; or
other third-party websites.

These services operate independently.

SMC Smart Shop is not responsible for the content, availability or privacy practices of third-party websites except to the extent liability cannot lawfully be excluded.

45. CUSTOMER PERSONAL INFORMATION

When you interact with SMC Smart Shop, we may process information such as:

name;
telephone number;
email address;
delivery address;
billing information;
transaction information;
order history;
communications;
device information;
Website usage data;
customer-service records; and
information reasonably necessary for fraud prevention.

Personal data will be processed in accordance with applicable Kenyan data-protection law and our Privacy Policy.

46. PURPOSES FOR PROCESSING PERSONAL DATA

We may process personal information for legitimate and lawful purposes including:

processing Orders;
processing payments;
delivering Products;
managing customer accounts;
providing customer support;
handling returns and warranties;
preventing fraud;
maintaining Website security;
complying with legal obligations;
maintaining accounting and tax records;
improving our services; and
sending marketing communications where lawful.

47. MARKETING COMMUNICATIONS

Where required, promotional messages will only be sent with the appropriate lawful basis or consent.

You may unsubscribe from marketing communications using the unsubscribe mechanism provided or by contacting us.

Transactional communications relating to an existing Order are not considered marketing communications merely because you have opted out of promotional messages.

48. SHARING PERSONAL INFORMATION

We may share necessary information with trusted service providers such as:

payment processors;
banks;
M-Pesa or mobile-money providers;
couriers;
fulfilment providers;
hosting companies;
information-technology service providers;
customer-support platforms;
professional advisers; and
government or law-enforcement authorities where legally required.

We will seek to limit information shared to what is reasonably necessary for the relevant purpose.

49. INTERNATIONAL DATA TRANSFERS

Where personal information is transferred or processed outside Kenya, we will take appropriate steps consistent with applicable data-protection requirements.

This may include ensuring appropriate safeguards or relying on another lawful basis permitted under applicable law.

50. DATA SECURITY

We will take reasonable technical and organisational measures to protect personal information against:

unauthorised access;
unlawful processing;
accidental loss;
destruction;
alteration; and
unauthorised disclosure.

However, no internet-based system can be guaranteed to be completely secure.

Customers are responsible for keeping passwords and authentication credentials confidential.

51. DATA RETENTION

Personal information will be retained only for as long as reasonably necessary for the purpose for which it was collected or as required by law.

Certain records may be retained for longer periods where necessary for:

tax;
accounting;
warranty;
fraud prevention;
dispute resolution; or
legal compliance.

52. YOUR DATA-PROTECTION RIGHTS

Subject to applicable law, you may have rights concerning your personal information, including rights to:

be informed about its use;
request access;
request correction;
object to certain processing;
request deletion in appropriate circumstances;
withdraw consent where processing is based on consent; and
exercise other rights provided under applicable data-protection legislation.

Requests may be submitted to:

Privacy Email: [INSERT PRIVACY EMAIL]

Further information should be provided in our Privacy Policy.

53. COOKIES

The Website may use cookies or similar technologies for:

essential Website operation;
shopping-cart functionality;
preferences;
security;
analytics;
performance;
advertising; or
personalisation.

Where required, appropriate consent options should be provided.

Further information may be contained in our Cookie Policy or Privacy Policy.

54. WEBSITE AVAILABILITY

We aim to maintain reliable Website availability but do not guarantee uninterrupted operation.

Access may occasionally be unavailable because of:

maintenance;
updates;
hosting failures;
cyber incidents;
network interruptions;
telecommunications failures; or
events beyond our reasonable control.

We may temporarily suspend parts of the Website where reasonably necessary.

55. ERRORS AND CORRECTIONS

The Website may occasionally contain:

typographical errors;
incorrect photographs;
inaccurate specifications;
pricing errors;
availability errors; or
other inadvertent mistakes.

We may correct such errors.

Where an error materially affects an Order that has already been placed, we will communicate with the customer and handle the matter fairly and consistently with applicable law.

56. DISCLAIMER

To the maximum extent permitted by law, the Website is provided on an “as available” basis.

We do not guarantee that:

every Product will always remain available;
every third-party service will operate continuously;
the Website will always be error-free;
third-party software will always remain compatible; or
manufacturer cloud services will remain available indefinitely.

Nothing in this clause excludes statutory guarantees or rights that cannot lawfully be excluded.

57. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, SMC Smart Shop will not be liable for indirect, incidental or consequential loss arising from circumstances beyond what could reasonably have been contemplated in connection with the transaction.

However, nothing in these Terms is intended to exclude or limit liability where doing so would be unlawful.

In particular, these Terms do not exclude liability for:

fraud;
fraudulent misrepresentation;
wilful misconduct;
liability that cannot lawfully be excluded under consumer legislation; or
any other liability that applicable law prohibits us from excluding.

58. CUSTOMER RESPONSIBILITY

Customers remain responsible for:

selecting Products suitable for their intended use;
reading Product instructions;
following safety requirements;
maintaining appropriate passwords;
backing up electronic data;
protecting connected devices;
updating manufacturer software where appropriate; and
using Products lawfully.

This does not transfer responsibility to the customer for defects or misrepresentations attributable to SMC Smart Shop.

59. INDEMNITY FOR UNLAWFUL USE

To the extent permitted by law, you agree to be responsible for losses reasonably incurred by SMC Smart Shop because of your deliberate unlawful misuse of the Website, fraudulent conduct, infringement of third-party rights or material violation of these Terms.

This clause does not apply to ordinary consumer claims made in good faith.

60. FORCE MAJEURE

SMC Smart Shop will not be responsible for delays or failure caused by events reasonably outside our control, including:

natural disasters;
floods;
fires;
earthquakes;
epidemics or pandemics;
war;
civil unrest;
terrorism;
strikes;
government restrictions;
border closures;
customs delays;
transport disruptions;
widespread telecommunications failures;
power-grid failures; or
major cyber incidents.

Where such an event materially prevents performance, we will take reasonable steps to communicate with affected customers and provide remedies required by applicable law.

61. SUSPENSION OR TERMINATION

We may suspend access to the Website or an account where reasonably necessary because of:

suspected fraud;
security threats;
abusive behaviour;
unlawful conduct;
repeated violations of these Terms; or
attempts to interfere with Website systems.

Suspension does not remove obligations arising from legitimate Orders already entered into unless those Orders are lawfully cancelled.

62. CUSTOMER SERVICE AND COMPLAINTS

We aim to resolve customer concerns fairly and promptly.

Complaints may be submitted through:

SMC Smart Shop
Email:info@smcsmart.shop
Address: Westlands, Nairobi Kenya

Please include where relevant:

your name;
Order number;
Product concerned;
description of the issue;
supporting photographs or documents; and
the outcome you are requesting.

We will endeavour to acknowledge and investigate complaints within a reasonable period.

63. DISPUTE RESOLUTION

If a dispute arises, the customer and SMC Smart Shop should first attempt to resolve it through good-faith communication.

You may contact our customer-service team using the details above.

If the dispute cannot be resolved directly, either party may pursue remedies available under Kenyan law.

Nothing in these Terms prevents a consumer from approaching an appropriate regulator, statutory body, dispute-resolution mechanism or court where legally entitled to do so.

64. GOVERNING LAW

These Terms and any transaction between SMC Smart Shop and a customer shall be governed by the laws of the Republic of Kenya, except where mandatory laws of another jurisdiction lawfully apply to an international consumer transaction.

65. JURISDICTION

Subject to applicable consumer-protection requirements, disputes arising from these Terms may be submitted to courts of competent jurisdiction in Kenya.

Nothing in this clause removes a consumer’s right to rely on any mandatory jurisdictional protection provided by applicable law.

66. CHANGES TO THESE TERMS

SMC Smart Shop may update these Terms periodically to reflect:

changes to our business;
new Products or services;
changes in payment or delivery processes;
technological developments;
regulatory requirements; or
changes in applicable law.

The updated Terms will be published on the Website together with the revised “Last Updated” date.

Changes will generally apply prospectively and will not retrospectively alter completed transactions except where required by law or expressly agreed with the customer.

67. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.

The remaining provisions will continue in effect.

68. NO WAIVER

Failure by SMC Smart Shop to enforce a provision of these Terms on one occasion does not mean that we waive the right to enforce it subsequently.

69. ASSIGNMENT

Customers may not transfer contractual rights or obligations to another person where doing so would materially affect the transaction without our agreement.

SMC Smart Shop may transfer its rights or obligations as part of a legitimate business restructuring, merger, sale or transfer, provided that customer rights are not materially reduced contrary to applicable law.

70. ENTIRE AGREEMENT

These Terms, together with any applicable:

Order confirmation;
Returns and Refund Policy;
Shipping Policy;
Privacy Policy;
Cookie Policy;
warranty terms; and
Product-specific conditions,

constitute the agreement governing your purchase from SMC Smart Shop.

If Product-specific terms conflict with these general Terms, the more specific provision will apply to that Product unless doing so would unlawfully reduce consumer rights.

71. PRIORITY OF CONSUMER LAW

These Terms are intended to operate consistently with applicable consumer legislation.

If any provision conflicts with a mandatory consumer right under Kenyan law, the mandatory legal right will prevail to the extent of the conflict.

Nothing in these Terms should be interpreted as requiring a customer to waive a legal protection that cannot lawfully be waived.

72. CONTACT INFORMATION

Questions about these Terms may be directed to:

SMC SMART SHOP

Website: smcsmart.shop

Physical Address: Westlands, Nairobi Kenya

Email: info@smcsmart.shop

73. CUSTOMER ACKNOWLEDGEMENT

By selecting an option such as:

“Place Order”, “Pay Now”, “Complete Purchase”, “I Agree”

or another equivalent confirmation during checkout, you acknowledge that:

you have had an opportunity to review your Order;
you have had an opportunity to correct errors before submitting it;
you have read or had access to these Terms;
you understand the total amount presented for payment;
you agree to these Terms; and
you intend to enter into an electronic transaction with SMC Smart Shop.

END OF TERMS AND CONDITIONS