Terms and Conditions

AGREED TERMS
1. About us
1.1 Company details. AFRODUCT SUPPLIERS LTD (we and us) is a private limited company registered in Kenya. We operate the website MShop.co.ke.
1.2 Contacting us. To contact us, telephone our customer service team at +254 790 487 287 or email [email protected].
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice, course of dealing or past purchases by you.
2.2 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference. We bear no responsibility for availing the Terms to you at a later date.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
3.3 Acknowledging receipt of your order. After you place an order, you will receive a text or email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. We will confirm our acceptance to you by sending you a text or email that confirms that the Goods have been dispatched (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
3.5 If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by text or email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
4. Our goods
4.1 The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours, sizes, weights, capacities, dimensions and measurements accurately, we cannot guarantee that your computer’s display of the colours, sizes, weights, capacities, dimensions and measurements accurately reflects the colours, sizes, weights, capacities, dimensions and measurements of the Goods. The colours, sizes, weights, capacities, dimensions and measurements of your Goods may vary slightly from those images.
4.2 The packaging of your Goods may vary from that shown in images on our site.
4.3 We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
5. Return and refund
5.1 All returns of Goods are subject to the terms outlined in our refund and return policy, which can be accessed at https://mshop.co.ke/refund_returns/ (Refund and Return Policy). This policy details the eligibility criteria, procedures for returns, and information regarding refunds. By purchasing our Goods, you acknowledge and agree to comply with the provisions of this policy.
6. Delivery, transfer of risk and title
6.1 After placing your order, we will contact you with an estimated delivery date. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 14 for our responsibilities when this happens.
6.2 Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order or collected by you or a carrier organised by you to collect them from us.
6.3 You own the Goods once we have received payment in full, including all the applicable delivery charges, and risk in the Goods transfers to you.
6.4 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.
6.5 If you fail to take delivery at the time and place appointed for the delivery, we may resell part of, or all, the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.
7. International delivery
7.1 If you order Goods from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.3 You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
8. Price of goods and delivery charges
8.1 The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information is entered into the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.
8.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in Kenya for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
8.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you before we accept your order.
8.5 We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
(b) if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the supply of the Goods and refund you any sums you have paid.
9. How to pay
9.1 You can only pay for Goods using a debit card, credit card, mobile money or e-money. We do not accept money in the physical form of currency, such as banknotes and coins.
9.2 Payment for the Goods and all applicable delivery charges is in advance.
10. Manufacturer’s guarantee
Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods. Any Goods that we sell you without a manufacturer’s guarantee have no guarantee.
11. Our warranty for the goods
11.1 We provide a warranty that on delivery, the Goods shall:
(a) be of satisfactory quality; and
(b) be fit for any purpose held out by us.
11.2 Subject to clause 11.3, if:
(a) you give us notice in writing within seven (7) days of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.1;
(b) we are given a reasonable opportunity to examine the Goods; and
(c) when we ask you to do so, you return the Goods to us at your cost,
we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods subject to our Refund and Return Policy.
11.3 We will not be liable for breach of the warranty set out in clause 11.1 if:
(a) you make any use of the Goods;
(b) the defect arises as a result of us following any drawing, design or specification supplied to us by you;
(c) you alter or repair the Goods without our written consent;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal storage or working conditions; or
(e) the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
11.4 We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 11.1 to the extent set out in this clause 11 and our Refund and Return Policy.
11.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
11.6 These Terms also apply to any repaired or replacement Goods supplied by us to you.
12. Our liability: your attention is particularly drawn to this clause
12.1 References to liability in this clause 12 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
12.2 We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
12.3 Nothing in these Terms limits or excludes our liability for:
(a) fraud or fraudulent misrepresentation; or
(b) any other liability that cannot be limited or excluded by law.
12.4 We will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.5 By purchasing the Goods from us, you irrevocably agree that our total liability to you for any losses arising under or in connection with the Contract shall, in no event, exceed ten per cent (10%) of the purchase price of the Goods. By purchasing the Goods from us, you irrevocably agree that this limitation represents a fair and reasonable allocation of risk and compensation for all such losses.
13. Termination
13.1 Without affecting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 1 day of you being notified to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion, your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
13.2 Termination of the Contract shall not affect your or our rights and remedies that have accrued as of termination.
13.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
14.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.3 You may cancel the Contract affected by an Event Outside Our Control before we accept your offer. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, including any delivery charges.
15. Communications between us
15.1 When we refer to “in writing” in these Terms, this includes text message or email.
15.2 Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, text message or email.
15.3 A notice is deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by text message or email, at the time of transmission.
15.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post, in the case of a text message, that such text message was sent to the specified phone number of the addressee, and in the case of an email, that such email was sent to the specified email address of the addressee.
15.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
16. General
16.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
16.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). For the purposes of this Contract, NAFTALYS ADVOCATES LLP ([email protected]), a law firm registered in Kenya, is designated as our authorised representative.
16.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
16.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 Third-party rights. The Contract is between you and us. No other person has any right to enforce any of its terms.
16.6 Governing law and jurisdiction. The Contract is governed by Kenyan law and you and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Kenyan courts.