Terms And Condition

Last updated: [1 October 2026]

These Terms & Conditions ("Terms") govern your use of Kwinty Mall ("Kwinty Mall", "we", "us", "our") — our website, mobile app and services (the "Platform"). By registering for or using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.

1. About Kwinty Mall

Kwinty Mall is an online marketplace operated by [Registered company / trading name], based in Nairobi, Kenya. We connect buyers with independent sellers, importers, dropshippers, riders and delivery partners. Except where clearly stated, we are a marketplace and not the seller of the goods listed. The contract of sale for any item is between the buyer and the seller.

2. Definitions

Buyer — a user who purchases goods on the Platform.
Seller — a seller, importer, dropshipper or shopkeeper who lists goods for sale.
Rider / Delivery Partner — a user who delivers orders through the Platform.
Order — a purchase placed through the Platform.

3. Accounts and eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Platform. You agree to give accurate information, keep your login details secure, and take responsibility for all activity on your account. Notify us immediately of any unauthorised use. We may refuse, suspend or close an account that breaches these Terms.

4. Buying on Kwinty Mall

When you place an order, you make an offer to buy the item at the listed price. An order is confirmed once payment is received. You are responsible for giving a correct delivery address and contact number, and for being available to receive your order. Prices, availability and product details are set by sellers and may change.

5. Selling on Kwinty Mall

If you sell on the Platform, you agree that:

you will provide accurate information about yourself and your business, and complete any verification we require;
your listings will be honest, lawful and not misleading, with correct prices, descriptions and images;
you own or are authorised to sell the goods you list, and they comply with all applicable Kenyan laws and standards;
you will fulfil confirmed orders promptly and hand them over for delivery in good condition; and
you are responsible for the quality, safety and legality of the goods you sell.

You may not list any prohibited item (see section 11).

6. Riders and delivery partners

If you deliver orders, you agree to complete any verification we require (including identity and, where relevant, licensing documents), to handle goods with care, to deliver to the correct recipient, and to confirm delivery through the Platform (for example using the delivery confirmation code). You are responsible for conducting deliveries safely and lawfully.

7. Payments

Payments and payouts are processed through Safaricom's M-Pesa services. By transacting, you authorise the relevant payment to be processed. We do not store your M-Pesa PIN and will never ask for it. You are responsible for paying the full price of your order, including any delivery fees shown at checkout.

8. Escrow and release of funds

To protect buyers, payment for an order may be held and released to the seller only once the order is delivered and confirmed, or after a set period if no issue is raised. This protects both sides of the sale. You agree to this arrangement when you buy or sell on the Platform.

9. Seller and partner subscriptions

Some seller, importer, dropshipper or delivery-partner features require an active subscription. Subscription fees, benefits and durations are shown before you subscribe. Subscriptions may need to be renewed to keep selling or accessing certain features. Fees already paid are non-refundable except where required by law.

10. Withdrawals (payouts)

Sellers, riders and partners may withdraw available earnings to their registered M-Pesa number, subject to any minimum amount and limits we set. For your security, withdrawals are paid to your saved payout number, and a recent change to that number may be reviewed before payout. We may hold, review or reverse a payout where we reasonably suspect fraud or error.

11. Prohibited items and conduct

You must not list, sell, buy or deliver any item that is illegal, counterfeit, stolen, unsafe or restricted under Kenyan law (including but not limited to illegal drugs, weapons, and other prohibited goods). You must not use the Platform to defraud others, post false or harmful content, infringe others' rights, or interfere with the Platform's security or operation. We may remove listings and take action against any account that breaches this section.

12. Cancellations, returns and refunds

If an order is not delivered, is significantly not as described, or is faulty, you may raise the issue through the Platform before confirming delivery. Where a claim is valid, the held payment may be refunded to the buyer instead of released to the seller. Sellers are responsible for resolving genuine complaints about their goods. Specific return and refund arrangements may be shown at the point of sale.

13. Reviews and content

You are responsible for any content you post, including reviews, and it must be honest and lawful. By posting content, you grant us a licence to display it on the Platform. We may remove content that breaches these Terms.

14. Intellectual property

The Platform, its design, logos and content (other than seller-provided content) belong to Kwinty Mall and may not be copied or used without our permission. Sellers grant us the right to display their listings and store content on the Platform.

15. Suspension and termination

You may close your account at any time. We may suspend or close an account, or remove listings, if these Terms are breached, if we suspect fraud or illegal activity, or as required by law. Amounts genuinely owed at the time of closure remain payable, subject to any fraud review.

16. Our role and disclaimers

Kwinty Mall is a marketplace. We do not manufacture, own or inspect most goods sold, and we are not a party to the sale between buyer and seller. The Platform is provided "as is" and we do not guarantee that it will always be uninterrupted or error-free. Nothing in these Terms limits any rights you have under Kenyan consumer law.

17. Limitation of liability

To the fullest extent permitted by law, Kwinty Mall is not liable for indirect or consequential loss, or for the acts, goods or services of sellers, buyers or delivery partners. Our total liability to you for any claim connected with the Platform is limited to the amount of the order or fee to which the claim relates.

18. Indemnity

You agree to indemnify Kwinty Mall against claims, losses and costs arising from your breach of these Terms, your listings or goods, or your misuse of the Platform.

19. Governing law and disputes

These Terms are governed by the laws of Kenya. We encourage you to contact us first to resolve any dispute. Any dispute that cannot be resolved will be subject to the jurisdiction of the courts of Kenya.

20. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date shows when they were last changed, and continued use of the Platform after a change means you accept the updated Terms.

21. Contact us

Questions about these Terms?

Email: [support@kwintymall.com]
Phone: [+254 7XX XXX XXX]
Address: [Business address, Nairobi, Kenya]
Web: kwintymall.com