Terms of Service
Who are we and what do we offer?
1.1 Swappa Electronics Ltd is a company registered in Kenya that operates this online store for renewed and pre-loved consumer electronics (referred to here as “Swappa Electronics”, “we”, “us” or “our”).
1.2 We sell devices to you directly. We are the seller of the Products offered in our store, and we stand behind the quality of what we sell.
1.3 The purpose of these General Terms of Service (the “Terms”) is to set out (i) the rules for accessing and using our website and the Services we offer, and (ii) the conditions of sale that apply when you buy a Product from us.
Definitions
Unless defined elsewhere in these Terms, the following words have the meaning below, whether used in the singular or the plural:
| Buyer / You | means any person who uses our store to buy Products for personal, non-commercial use. You must be at least 18 years old, or have the consent of a parent or guardian if you are younger. |
| Store / Website | means our online shop and the pages through which you browse and buy Products. |
| Product(s) | means the items we sell. Unless stated otherwise, our Products are renewed devices — second-hand electronics that have been professionally refurbished. |
| Product page | means the description of a Product as shown on the Website. |
| Services | means the features and resources available on the Website, described in Article 4. |
| User | means anyone who accesses the Website, whether or not they hold a customer account. |
Important information to use the Website
3.1 Please read these Terms carefully. You can save or print a copy from the Website for your records. By accessing or using the Website in any way — browsing, creating an account or placing an order — you confirm that you have read, understood and agree to be bound by these Terms, and that you have the authority to accept them for yourself or for any organisation you represent.
3.2 These Terms include, among other things: your acknowledgement that the Services are provided “as is” and without warranty (Article 15); your agreement to release us from certain liability (Article 15); your agreement to indemnify us for misuse of the Services (Article 16); and a dispute-resolution process that requires individual arbitration and waives class actions (Article 17).
3.3 We may update these Terms at any time. When we do, we publish the new version on the Website. Please check the Website regularly so you are aware of the current Terms.
3.4 These Terms are supplemented by other documents, such as our Trade-in Terms and Conditions, our Warranty and our Privacy Policy. If there is a conflict, each of those documents takes priority only on the points it specifically covers.
What Services are offered on the Website?
We provide access to and use of our Website, a customer account, secure payment through our partners (including M-Pesa and card), and quality services such as our device inspection, warranty and customer care. Where a service fee applies to an order, the exact amount is shown to you before you confirm payment.
What are the conditions of use of the Website?
5.1 You need an email address and a password to create a customer account. Your login details are personal to you; keep your password confidential and restrict access to your devices. If you become aware that someone has used your account without permission, change your password immediately and let us know through our contact page.
5.2 Unless we agree otherwise, you may create and use only one customer account. If we close your account, you agree not to open a new one without our permission.
5.3 You agree that you will not: (i) harass other Users; (ii) post content that is defamatory, false, misleading, discriminatory or otherwise unlawful; (iii) collect information about other Users by manual or automated means; (iv) access accounts belonging to other Users; or (v) attempt to disrupt how the Website works.
5.4 The content of the Website — text, images, logos, trademarks, databases and underlying technology — is protected by intellectual-property rights. You may not reproduce, adapt or commercially exploit any part of it, or use automated tools to scrape it, without our prior written consent.
5.5 You agree to use the Website only for lawful purposes and in line with all applicable Kenyan laws and any export or sanctions rules that apply to you.
How do I order Product(s) on the Website?
6.1 You must accept these Terms before placing any order.
6.2 We are responsible for the accuracy of the Product descriptions on our Product pages and for making sure the Product matches its description. We set the price of each Product; the full amount, including any taxes and fees, is shown to you before you pay.
6.3 To order, select the Product, click “Buy” and provide the details we ask for (delivery address, payment method and so on). The sale contract is formed once we confirm your order and charge your payment. If a Product turns out to be unavailable, the order is cancelled, the sale is treated as never having happened, and any payment hold is released — your provider may take a few days to release the funds. Where an order contains several Products, each Product is treated independently.
6.4 We may cancel an order for a legitimate reason, including: an obvious error in the Product details or price; a problem with payment; or the creation of multiple accounts or fraudulent use of discount codes.
What are the delivery terms?
7.1 We deliver Products within Kenya, to the areas served by our couriers.
7.2 Products are delivered to the address you give at checkout, using the method and timeframe shown. The risk of loss or damage passes to you on delivery. If you choose a tracked method, you can follow your order from your customer account.
7.3 You are told the expected delivery date after choosing a shipping method, and we will not delay your delivery without good reason.
7.4 Any shipping fees are shown to you before you pay.
7.5 If a Product is damaged in transit, or the package arrives opened or with items missing, please note this on delivery where you can, and report it to us within three (3) business days through the Website.
7.6 Ownership of a Product passes to you once you have paid in full and the Product has been delivered to you or to someone you nominate.
7.7 For returns: if you change your mind, the risk passes back to us when we receive the Product; for any other reason, the risk passes to us as soon as you ship it.
How do I pay on the Website?
8.1 Payment methods are provided by our payment partners and shown at checkout (for example M-Pesa, card, or pay-in-instalments where available). All prices are in Kenyan Shillings (KSh) and payments are processed securely.
8.2 Promotional or discount codes: unless stated otherwise, codes are valid until their expiry date, cannot be combined, do not apply to shipping fees, are neither exchangeable nor refundable, must be used in a single order, and cannot be applied to an order you have already placed.
8.3 If you pay in instalments, the terms of that arrangement are set by the payment provider before you enter into it.
Can I change my mind?
9.1 You may return a Product within thirty (30) days of receiving it, even if there is nothing wrong with it (your “Right to cancel”). The day you receive the Product is not counted; if the period ends on a weekend or public holiday, it runs to the next business day.
9.2 To return a Product, log in to your account and start a return for the order in question.
9.3 You then have fourteen (14) days after telling us to ship the Product back to the address we give you.
9.4 Please pack the Product with care. We only accept Products returned complete, with all the accessories they came with and in the condition in which they were sold (unless you reported that the Product arrived different from its description). Before returning, delete all personal data and sign out of any accounts — you will find guidance in our Help Centre.
9.5 Where you are returning because you changed your mind, the cost and risk of the return are yours.
9.6 If all the conditions are met, we refund the full amount of your order, including delivery costs.
9.7 You may be liable for any loss in a Product’s value caused by handling it beyond what is needed to check it.
What warranties apply to Product(s) bought on the Website?
10.1 Your Product comes with a 12-month limited warranty. To use it, contact us as set out in Article 11. The details are in our Warranty. Where the law allows, any implied warranties are limited to the same 12-month period; some rights may vary depending on where you live.
10.2 When ordering, you may also be offered an optional protection plan that covers accidental damage such as drops, spills and cracked screens.
How do I communicate with us or make a claim?
11.1 The best way to reach us is through your customer account or our contact page. Please have your order number ready so we can help quickly.
11.2 We aim to respond to complaints promptly. Our customer care team handles questions about your Products, their warranty and any related claims.
11.3 Where a claim is justified, we will — depending on your request and the circumstances — refund the price, send a replacement, offer a repair, or provide a prepaid return label.
What about personal data?
We process your personal data, and use cookies, in line with our Privacy Policy and Cookies Policy, both available on the Website.
How do I close my account?
13.1 You may close your account at any time from your account settings or by contacting us. As long as there are no outstanding orders or warranties, the closure takes effect within 30 days at most.
13.2 We may close your account if you refuse an update to these Terms, breach these Terms, or remain inactive. We may also close an account with reasonable prior notice.
13.3 We will let you know why. Before your account is closed you can download your invoices, and afterwards you can still make a claim, though you will no longer be able to order or use the Services.
How can I review my purchase?
Once your order is complete, you can review the Product and your experience through the review system on the Website. The date of your purchase is shown alongside your review.
What about liability for Products and Services?
15.1 The Services. We make every effort to keep the Website and Services available, but we may suspend or limit access for maintenance, repairs or improvements. To the extent the law allows, the Website and Services are provided on an “as is” and “as available” basis, and we do not warrant that they will be uninterrupted, error-free or meet every requirement. You access content through the Website at your own risk.
15.2 The Products. We stand behind the Products we sell through our inspection process and the warranty described in Article 10. Nothing in these Terms removes the statutory rights you have as a consumer under Kenyan law.
15.3 Disclaimer. To the extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss — including loss of use, data or profits — arising from the Website, the Services or your Products. We are liable only for direct loss caused by our own fault.
15.4 Limit on liability. To the extent permitted by law, our total liability will not exceed the amount you paid us in the 12 months before the claim. Some rights may vary depending on where you live.
What about the user’s liability?
16.1 You agree to use the Website and Services in line with these Terms and not to break any law or regulation.
16.2 You agree to indemnify and hold Swappa Electronics, its affiliates, officers, employees and partners harmless from any loss, cost or expense (including reasonable legal fees) arising from your misuse of the Website, your breach of these Terms, or your violation of another party’s rights or of any applicable law. This Article survives the closing of your account.
Applicable law and dispute resolution
17.1 These Terms, and anything arising from them, are governed by and interpreted under the laws of Kenya.
17.2 You can raise a complaint about the Services at any time through our contact page.
17.3 Arbitration agreement. Any dispute connected with these Terms, a Product or a Service that cannot be resolved informally or in a small claims court will be settled by binding arbitration on an individual basis. Unless agreed otherwise, arbitration is conducted in English.
17.4 Notice and informal resolution. Before starting arbitration, each side must send the other a written notice describing the dispute and the outcome sought. A notice to us should be sent through our contact page or to Swappa Electronics Ltd, Nairobi, Kenya. If the dispute is not resolved within thirty (30) days, either side may begin arbitration.
17.5 Arbitration rules. Arbitration is conducted by a single arbitrator under the Arbitration Act of Kenya, seated in Nairobi. Each side bears its own costs and shares the arbitrator’s fees equally. Where the parties agree, the arbitration may proceed on written submissions without an in-person hearing.
17.6 Time limits. Any arbitration must be started within the time allowed by law for the relevant claim.
17.7 Authority of the arbitrator. The arbitrator decides the rights and liabilities of each side, may award any remedy available under the law on an individual basis, and issues a written, reasoned decision that is final and binding.
17.8 Choosing arbitration over court. By agreeing to this Article, both sides choose to resolve disputes by arbitration rather than through court proceedings, except where these Terms allow otherwise. Arbitration is usually quicker and more limited than going to court.
17.9 No class or consolidated actions. All disputes must be brought individually. Claims of more than one person cannot be combined or heard together.
17.10 Confidentiality. The arbitration, including the award, is confidential, unless disclosure is required by law or needed to enforce these Terms, enforce an award, or seek urgent relief.
17.11 Right to waive. Any right or limit in this Article may be waived by the party it protects, without affecting the rest of this Article.
17.12 Survival. This arbitration agreement survives the end of your relationship with us.
17.13 Small claims court. Either side may still bring an individual claim in a small claims court where one is available.
17.14 Urgent relief. Either side may ask a court for urgent protective relief to preserve the position while arbitration is pending, without waiving this Article.
17.15 Claims not covered. Claims about intellectual-property infringement, or misuse of a party’s trademarks, copyright or trade secrets, are not subject to this arbitration agreement.
17.16 Courts. Where these Terms allow a matter to go to court, both sides agree to the jurisdiction of the courts of Kenya, sitting in Nairobi.
17.17 Severability. If any part of this arbitration agreement is found invalid or unenforceable, that part is removed and the rest continues to apply.
Miscellaneous
18.1 Nothing in these Terms creates any agency, partnership, joint venture or employment relationship between you and Swappa Electronics, and neither side may create obligations on behalf of the other.
18.2 Communications between you and us take place electronically. You agree to receive communications from us in electronic form, and that these satisfy any legal requirement that they be in writing.
18.3 You are responsible for keeping your email address up to date. If a notice we send cannot reach you because your details are out of date, sending it will still count as valid notice. You can give us notice through the order help in your account or our contact page.
18.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, the rest remain in force, and the affected provision is treated as modified so far as needed to make it valid.