Terms of Service

1. Acceptance of terms

These Terms of Service (the "Terms") constitute a legally binding agreement between you (the "Customer", "User", "you" or "your") and AFFOMARKET ("AFFOMARKET", "we", "us" or "our"), a company duly registered under the laws of Kenya and with offices at Biashara Street, Nyeri, Kenya.

By accessing, browsing, registering on, purchasing from, or otherwise using the website https://affomarket.sabiahq.com, our mobile application (if any), sourcing requests, quotation tool, payment facilities, delivery services and related platforms (collectively, the "Services"), you confirm that you:

1. Have read and understood these Terms in full.
2. Are at least eighteen (18) years of age or the age of majority in Kenya.
3. Possess the legal capacity and authority to enter into a binding agreement with us.
4. Agree to be bound by these Terms, as well as our Privacy Policy, Cookies Policy and any supplemental policies or notices referenced herein.

If you do not agree to any part of these Terms, you must discontinue use of the Services immediately and refrain from creating an account, placing orders or submitting sourcing requests.

2. Our services

2.1 Catalogue commerce

We list and sell products from our own stock and partner-supplier inventory, including new, secondhand and refurbished items. Purchases are subject to availability, status and the pricing information current at the time of checkout.

2.2 Product sourcing on request

We offer a bespoke sourcing service whereby users may submit requests for hard-to -find, custom or specific items not currently listed on the platform. When you submit a sourcing request, our team will search for suppliers, negotiate price and terms, assess condition, and present you with a formal written quote for acceptance. Sourcing requests are non-binding until a quote is issued, accepted and paid.

2.3 Ancillary services

From time to time we may also offer, directly or through authorised partners, product inspection, verification, financing, gift cards, loyalty rewards, advertising placements and delivery services across Kenya. Use of such ancillary services may be subject to additional supplemental terms which we will make available to you before use.

3. Eligibility and user accounts

3.1 Eligibility

Use of the Services is open to individuals and businesses located within Kenya and internationally, provided always that international purchases are subject to the delivery, customs and foreign-exchange terms stated on the checkout page or in the relevant quote.

3.2 Account creation

To access certain features — including your order history, favourites, sourcing requests, quotes and saved addresses — you must create a free account. When registering you agree to provide true, accurate, current and complete information. You are responsible for maintaining the confidentiality of your account credentials, including your password and any one-time login codes. Any activity performed using your account credentials will be deemed to have been performed by you.

3.3 Account security

You must notify us immediately of any suspected unauthorised use of your account, password loss, or any other security breach by contacting support@affomarket.co.ke. We reserve the right to suspend, restrict or terminate accounts that we reasonably suspect are being used fraudulently, in breach of these Terms, or otherwise in a manner that may harm AFFOMARKET, other users or third parties.

3.4 Guest checkout

Where available, certain purchases and sourcing requests may be made without creating an account. By using guest checkout you still agree to be bound by these Terms, and we may create an account for you automatically based on the contact information provided so that you can later track your order history.

4. Orders and sourcing requests

4.1 Catalogue orders

All orders placed through our website or via customer support are considered offers to purchase products under these Terms. Order confirmation emails and invoices are sent for administrative convenience only and do not constitute acceptance of your offer. A contract of sale between you and AFFOMARKET is formed only when:

1. Full payment has been received and verified by our payment processor; and
2. We have sent you a written order-confirmation notice explicitly stating that the order has been "accepted" and is being processed for dispatch.

4.2 Sourcing requests

Submission of a sourcing request is non-binding and free of charge. Our team will evaluate the request and may contact you for clarification. We do not guarantee that any item can be sourced successfully or within any specific timeframe. Following a successful search we will prepare a formal quote. The contract comes into existence only upon your written acceptance of the quote and our receipt of payment (or other agreed payment arrangement).

4.3 Cancellation before acceptance

You may cancel a catalogue order or sourcing request at any time before we formally accept it. To cancel, please contact us by phone, WhatsApp or email as soon as possible; refund of any pre-authorised or paid amount will be processed in accordance with our refund clause below.

4.4 Accuracy of information

While we take all reasonable steps to ensure that product information — including descriptions, photos, specifications, stock levels, availability indicators, condition ratings and prices — is accurate, typographical, photographic or administrative errors may occasionally occur. We reserve the right to correct such errors and to cancel or amend orders that were placed based on incorrect information, including incorrect pricing. Where this occurs we will contact you promptly to offer you the option of reconfirming at the corrected price or cancelling for a full refund.

5. Pricing, quotes and payments

5.1 Currency and taxes

Unless otherwise indicated, all prices displayed on the Services are quoted in Kenyan Shillings (KES) and are inclusive of Value Added Tax (VAT) chargeable under Kenyan law at the prevailing rate, unless the listing explicitly states otherwise. Delivery fees are additional unless free delivery is expressly offered for your location or order value.

5.2 Quotes

Written quotes provided by AFFOMARKET — whether for sourcing, bulk purchases or custom orders — are valid for the period stated on the quotation document or, if no period is stated, for a period of fifteen (15) calendar days from the date of issue. After the validity period the quote will automatically expire and prices or availability may change. All quotes are subject to successful final verification of supplier stock, condition and import/shipment costs where applicable.

5.3 Accepted methods of payment

We currently accept the following payment methods:

• Paystack (Visa, Mastercard, AMEX, and mobile money via the secure Paystack checkout).
• M-Pesa Till and PayBill numbers as displayed at checkout.
• Bank transfer to our nominated company account — orders will only be processed once funds have cleared and reflect in our account.
• Pay on delivery (cash or mobile-money on delivery) — available only in eligible zones within Nyeri, Karatina, Nairobi, Central Kenya, Nationwide and for orders within the thresholds we publish from time to time.

5.4 Payment failure or dishonour

If any payment is dishonoured, reversed, charged back, or fails for reasons attributable to you (including insufficient funds, incorrect payment details, or disputed charges not resolved in your favour), we reserve the right to suspend dispatch, cancel the order, and/or recover any outstanding amount plus reasonable administrative and collection costs. You remain liable for the price of products or services that have already been delivered to you.

5.5 Invoicing

A tax-compliant invoice will be issued with every completed purchase and may be downloaded from your account dashboard or obtained on request from orders@affomarket.co.ke. If a business or PIN-registered customer requires additional tax documentation, please provide these details at checkout or contact our accounts team.

6. Delivery and collection

6.1 Delivery areas and charges

We deliver to locations within Nyeri, Karatina, Nairobi, Central Kenya, Nationwide and other Kenyan destinations on a quoted basis. Delivery zones, prices, and minimum order values are published on our delivery page and in the checkout flow; the fee shown at checkout is binding for that order. For rural destinations or special consignments, we may contact you with a supplementary delivery quote before processing.

6.2 Dispatch and delivery times

Dispatch and delivery times are estimates only and commence from the date of order acceptance and cleared payment. While we endeavour to meet published timelines, delays may occur due to supplier availability, courier capacity, weather, road conditions, import clearances or other causes beyond our reasonable control. We will notify you of material delays as soon as practically possible.

6.3 Risk and title

Risk of loss, damage or deterioration in products passes to you upon physical delivery to the address you provided (or upon handover at a collection point). Ownership (title) in products transfers only once we have received payment in full in cleared funds, including any delivery fees and applicable taxes.

6.4 Collection option

Self-collection may be available at our Nyeri Town offices or authorised pickup points on prior arrangement. Collectors must present a valid national identification document and the order confirmation. If you authorise a third party to collect on your behalf, you accept full responsibility for that collection and we are discharged from delivery obligations upon handover to the authorised person.

6.5 Failed delivery or unclaimed goods

If you are unavailable to accept delivery at the scheduled time or fail to collect goods within seven (7) calendar days of their arrival at the collection point, we may:

1. Attempt redelivery at an additional fee to be communicated to you; or
2. Return the goods to stock, cancel the order and refund amounts paid less a reasonable restocking and logistics fee of up to twenty-five per cent (25%) of the order value.

7. Returns, refunds and cancellations

7.1 Consumer cooling-off period

For products purchased via catalogue and delivered to you at a distance (without in-person inspection), you have the right to cancel the purchase within seven (7) calendar days of receipt, for any reason, provided the products are unused, in original and undamaged packaging with all tags and labels intact. To exercise this right please contact us to obtain a return-authorisation (RA) reference before sending items back.

7.2 Faulty, damaged or incorrect items

If you receive products that are materially defective, damaged in transit, of incorrect specification or not consistent with the agreed listing or quote, you must notify us in writing (with photographic evidence) within forty-eight (48) hours of delivery. Subject to verification we will, at your election:

• Replace the products with conforming equivalents at no additional cost;
• Refund the purchase price in full including original delivery charges; or
• Offer a partial refund or price adjustment where you elect to retain the goods.

7.3 Exclusions

The return and refund rights above do not apply to: (a) custom-made, personalised or specially-sourced items that cannot reasonably be re-stocked; (b) products with signs of accidental or intentional damage, misuse, neglect or unauthorised repair; (c) consumables, sealed hygiene products or software once seals are broken; and (d) differences in minor appearance that do not affect function and are consistent with secondhand or refurbished condition grades as disclosed.

7.4 Refund method and timing

Approved refunds will be processed within ten (10) business days of our receipt and inspection of the returned product, or of our written confirmation of the refund entitlement. Refunds are returned using the same payment method originally used, unless you expressly agree to an alternative. You should allow a further 3–14 days for banks, mobile-money providers or card networks to make the funds available in your account.

8. Warranties and product condition

8.1 Condition grades

Each product listing on our Services includes a condition grade — for example "New", "Secondhand", or "Refurbished" — together with a description of the product's cosmetic and functional state. Where we have access to the physical item, photographs will be provided and any known defects will be noted explicitly. It is your responsibility to read the condition notes before purchasing or accepting a quote.

8.2 Express warranties

AFFOMARKET warrants that products will, at the time of delivery, materially conform to the description in the accepted order or quote, be fit for the purpose expressly communicated by you to us and relied upon by us in selecting or sourcing the product, and be free from material defects in workmanship and manufacture for a period of thirty (30) days from delivery (the "AFFOMARKET Warranty"). Some products may also be covered by a separate manufacturer's warranty that runs alongside and does not replace your rights under the AFFOMARKET Warranty.

8.3 Limitations

Save as expressly set out above and to the fullest extent permitted by Kenyan law, we provide the products and the Services on an "as is" and "as available" basis, without warranties, conditions or representations of any kind — whether express, implied, statutory or otherwise, including warranties of merchantability, quality, durability or fitness for any particular purpose not communicated to and accepted by us in writing.

9. User conduct and prohibited acts

When using our Services you agree not to, and not to assist or enable any third party to:

1. Violate any applicable law, statute, ordinance, regulation, industry guideline or third-party right.
2. Provide false, inaccurate or misleading information, including during account registration, checkout, sourcing requests, review submissions or support interactions.
3. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or forge headers or identifiers to disguise the origin of information transmitted through the Services.
4. Post, transmit or upload content that is unlawful, defamatory, obscene, offensive, hateful, discriminatory, threatening, abusive, invasive of privacy, or that incites violence or harassment.
5. Infringe our intellectual-property rights or those of third parties, including by reproducing, framing, scraping, crawling or commercially exploiting any portion of our website, branding, product photography or content without our prior written consent.
6. Introduce or attempt to introduce malware, viruses, worms, Trojans, ransomware, spyware, bots or any other harmful code or device into the Services or to any user's device.
7. Interfere with, disrupt, damage, degrade, overburden or impair the operation or security of the Services, or circumvent or attempt to circumvent any technical or security measures including access controls, rate limits, bots or CAPTCHAs.
8. Use the Services for fraudulent purposes, including the submission of false sourcing requests, chargebacks without just cause, phishing attempts, or resale of products under misleading commercial pretence.
9. Harvest, scrape or collect email addresses, phone numbers, user names or other personal data of users of the Services for commercial, marketing or unlawful purposes without the express consent of both the affected individual and AFFOMARKET.

Any breach of this clause may, at our sole discretion, result in immediate suspension or termination of your account, cancellation of outstanding orders, forfeiture of any deposits paid where the breach causes us loss, and referral of the matter to law-enforcement authorities where we deem it appropriate.

10. Intellectual property rights

10.1 Ownership

All copyright, trademarks, service marks, trade names, logos, domain names, design rights, database rights, patents, trade secrets, know-how and other intellectual property rights subsisting in or used in connection with the Services — including but not limited to all website text, graphics, user interfaces, visual interfaces, photographs, product imagery, illustrations, software, code, applications, audio, video, editorial content and the "look and feel" of AFFOMARKET — are, and will remain, the exclusive property of AFFOMARKET and/or our licensors, suppliers and partners, as applicable.

10.2 Limited licence to use

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, worldwide, royalty-free licence to access and use the Services for your personal, non-commercial, internal household or own-business use only — that is, to browse listings, place orders, submit sourcing requests, manage your account and otherwise benefit from the services we offer.

10.3 Restrictions on reproduction

You may not, without our prior written consent, reproduce, distribute, publicly display, perform, publish, transmit, broadcast, adapt, modify, translate, create derivative works of, mirror, frame, rent, lease, loan, sell, resell, sublicense or otherwise exploit any part of the Services or our intellectual property, save as permitted by law or as expressly authorised by us.

10.4 User-generated content

Where you upload, submit, post or transmit content through the Services — including product reviews, comments, sourcing-request images, messages, feedback or testimonials ("User Content") — you grant to AFFOMARKET a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and sub-licensable licence to use, reproduce, distribute, adapt, modify, translate, publish, display, perform, create derivative works from, and otherwise exploit such User Content in any media now known or hereafter developed, for the purposes of operating, providing, improving, promoting and marketing the Services, subject to the obligations set out in our Privacy Policy regarding personal information.

11. Limitation of liability

Nothing in these Terms shall operate to exclude or limit either party's liability for (a) death or personal injury caused by its own negligence or wilful default; (b) fraud or fraudulent misrepresentation; (c) any breach of the obligations implied by section 4(3) of the Sale of Goods Act (Cap. 31 of the Laws of Kenya) or any other liability that cannot be excluded or limited as a matter of Kenyan law.

Subject to the foregoing, and to the fullest extent permitted by law:

1. AFFOMARKET's aggregate liability to you in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with these Terms, the Services or the supply (or failure to supply) of any products, shall in no circumstances exceed the greater of (a) the total amount paid by you to us under the specific order or sourcing request giving rise to the claim; or (b) KES 50,000 (Kenyan Shillings fifty thousand only).
2. In no event shall AFFOMARKET be liable for any indirect, incidental, special, consequential, punitive or exemplary damages; loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, loss of contract, cost of substitute procurement; or any other pure economic loss, in each case whether or not we were advised of the possibility of such damages arising.
3. We accept no liability for losses or damage caused by events beyond our reasonable control (force majeure), including but not limited to natural disasters, war, terrorism, civil unrest, strikes, lockouts, supplier failures, government action, import/export restrictions, pandemic, network outages, power failure or internet service-provider failure.

12. Indemnification

You agree to defend, indemnify and hold harmless AFFOMARKET, our officers, directors, employees, agents, contractors, partners, affiliates, successors and assigns (collectively, the "AFFOMARKET Indemnitees") from and against any and all claims, actions, demands, causes of action, proceedings, liabilities, losses, damages, judgements, awards, costs and expenses (including reasonable attorneys' fees on a solicitor-client basis) arising out of, resulting from, or in any way related to:

• Your use of and access to the Services;
• Your breach or alleged breach of any provision of these Terms;
• Your violation of any third-party right, including intellectual property, publicity, confidentiality, property or privacy right;
• Any User Content you upload, post, transmit or otherwise make available through the Services; or
• Any dispute or transaction between you and any supplier, delivery partner, payment processor or other third party with whom you interact as a result of using the Services.

13. Termination

13.1 Termination by you

You may terminate your account and these Terms at any time by contacting customer support to request account closure, provided that any outstanding orders, pending payments or accepted sourcing quotes are first completed or cancelled in accordance with the terms above.

13.2 Termination or suspension by us

We may, on thirty (30) days' written notice to you, terminate these Terms and your access to the Services for convenience and without cause, effective at the end of the notice period. We may also immediately suspend or terminate access, without prior notice, if we reasonably believe you have materially breached these Terms, including (without limitation) in the circumstances listed in the user-conduct clause above.

13.3 Effect of termination

On termination for any reason: (a) all rights and licences granted to you hereunder shall cease; (b) you must immediately cease all use of the Services and destroy any copies of our proprietary materials in your possession or control; (c) any accrued rights, obligations and liabilities of either party shall survive, including payment for products already dispatched or services already rendered; and (d) clauses of these Terms that by their nature are intended to survive — including intellectual property, liability limitation, indemnification, data handling and dispute resolution — shall remain in full force and effect.

14. Governing law and dispute resolution

These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict-of-law rules.

In the event of any dispute, difference or claim arising out of or relating to these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiation. If the dispute remains unresolved within thirty (30) calendar days from the date one party gives written notice of the dispute to the other, either party may refer the matter:

1. First to mediation administered by a mutually agreed Kenyan mediation service provider, with costs shared equally between the parties; and, if still unresolved within a further thirty (30) days,
2. Finally, to the exclusive jurisdiction of the courts of Kenya. The parties irrevocably submit to the jurisdiction of the Kenyan courts and waive any objection to venue based on forum non conveniens or otherwise.

Nothing in this clause shall prevent either party from seeking urgent injunctive or other equitable relief where necessary to protect its intellectual-property, data-security or other legitimate interests.

15. General provisions

• Severability: If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
• Waiver: No failure or delay by either party in exercising any right, power or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any further exercise thereof or the exercise of any other right, power or remedy.
• Assignment: You may not assign, transfer, novate, subcontract or otherwise deal with these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign, transfer, novate or subcontract these Terms (in whole or in part) to any affiliate, subsidiary or successor in title upon thirty (30) days' prior written notice.
• Relationship of parties: Nothing in these Terms shall be deemed to constitute a partnership, joint venture, employment, franchise or agency relationship between you and AFFOMARKET.
• Entire agreement: These Terms together with our Privacy Policy, Cookies Policy and any written quote accepted by you constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, understandings or agreements, whether oral or written, relating to their subject matter.
• Modifications: We may amend these Terms from time to time for legal, regulatory or operational reasons. Material changes take effect thirty (30) days after notice is posted on our website homepage and sent to the email address associated with your account. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the amendments.

16. Contact information

For questions, notices, complaints or legal correspondence regarding these Terms or our Services, please contact us through any of the following channels: