Terms & Conditions

Effective Date: December 10, 2025

Welcome to AfriCart. These Terms and Conditions (“Terms”) govern your use of the AfriCart website and mobile applications (collectively, the “Site”) and the purchase of goods from AfriCart (the “Company”). By accessing, browsing, or placing an order through the Site, you agree to be legally bound by these Terms. If you do not accept these Terms, you must not use our services.

1. The Contract of Sale

1.1 Eligibility and Capacity

You must be at least 18 years old or possess full legal capacity under Kenyan law to make purchases and enter into contracts with AfriCart.

1.2 Product Information and Representation

We are a single-vendor retailer; we strive to ensure that all product descriptions, specifications, and imagery are as accurate as possible. However, the exact color, shape, or dimensions may vary slightly from the images due to device screen settings or minor product revisions.

  • If a product is materially different from its description, your sole remedy is to return it in accordance with Section 1.7 (Returns and Refunds).

1.3 Pricing and Payment

  • Currency: All prices displayed on the Site are in Kenyan Shillings (KES) and include VAT (Value Added Tax) where applicable, as per Kenyan tax laws.

  • Price Adjustments: Prices may change without prior notice. We reserve the right to correct manifest pricing errors and will notify you if an item you ordered was priced incorrectly. We may cancel the order and refund you, or give you the option to proceed at the correct price.

  • Payment Authorization: By placing an order, you confirm that the payment method you use is valid, and you authorize AfriCart to charge the full order amount (product price plus shipping costs) to your selected payment method (M-Pesa, Card, etc.).

1.4 Order Acceptance and Formation of Contract

  • The display of products on the Site is an invitation to treat, not a binding offer to sell.

  • Your placement of an order constitutes an offer to purchase the products from AfriCart.

  • We reserve the right to accept or reject your offer for reasons including, but not limited to, stock unavailability, failure of payment authorization, or errors in the order.

  • A contract for sale is formed only when AfriCart dispatches the product(s) to you. We will send a confirmation email or SMS when your order has been dispatched.

1.5 Shipping and Delivery

  • Delivery Address: Products will be shipped to the valid address provided during checkout. You are responsible for ensuring the accuracy of the delivery information.

  • Timeframes: Any quoted delivery dates are estimates only and are not guaranteed. We are not liable for delays caused by force majeure or issues outside of our reasonable control.

  • Risk of Loss: The risk of loss or damage to the product passes to you upon delivery to the specified address.

1.6 Product Warranty

As the sole retailer, AfriCart honors all manufacturer warranties on the products we sell. Details of the specific warranty (duration and coverage) will be detailed on the product page or included with the packaging. Any claim under warranty must be directed to AfriCart’s customer service team initially.

1.7 Returns and Refunds

All returns, refunds, and exchanges are processed strictly in accordance with our dedicated Return and Refund Policy, which is incorporated into these Terms by reference. You are advised to read this policy prior to purchase, particularly concerning goods like apparel and opened electronics.

2. User Accounts and Responsibilities

2.1 Account Security

While you may check out as a guest, registering an account provides convenience. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You must notify AfriCart immediately if you suspect unauthorized use of your account.

2.2 Prohibited Use

You must not use the Site for any unlawful purpose, to transmit harmful code, or to harass or abuse other users or AfriCart personnel.

2.3 Termination

We reserve the right, at our sole discretion, to suspend or terminate your account and restrict your access to the Site for any reason, including any breach of these Terms, without liability or prior notice.

3. Intellectual Property

3.1 Ownership of Content

All content, including all text, logos, graphics, product photography, software, and the compilation thereof, is the exclusive property of AfriCart or its suppliers and is protected by Kenyan and international copyright and intellectual property laws.

3.2 Limited License

You are granted a limited, non-exclusive, non-transferable right to access and use the Site for the sole purpose of browsing products and making purchases. Any copying, modification, or commercial use of the Site content without the express written permission of AfriCart is strictly prohibited.

4. Limitation of Liability and Disclaimer

4.1 Disclaimer of Warranties

The Site and all products purchased through the Site are provided on an “as is” and “as available” basis. AfriCart makes no representation or warranties of any kind, express or implied, except where required by mandatory Kenyan consumer law.

4.2 Limitation of Liability

To the fullest extent permitted by Kenyan law, AfriCart shall not be liable for any indirect, incidental, punitive, or consequential damages (including, but not limited to, loss of profits, data, or goodwill) arising from your use of the Site or the products purchased, regardless of the cause of action.

5. Governing Law and Dispute Resolution

5.1 Governing Law

These Terms and your use of the Site shall be governed by and construed in accordance with the Laws of Kenya, without regard to its conflict of laws principles.

5.2 Dispute Resolution

In the event of a dispute, we encourage you to first contact our customer service team at info@africart.co.ke to seek a resolution. Should the dispute not be resolved informally, it shall be subject to the exclusive jurisdiction of the courts of Kenya.

6. General Provisions

6.1 Changes to Terms

AfriCart reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on the Site, with the effective date clearly marked. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

6.2 Severability

If any part of these Terms is deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms.