Last updated: 22 September 2026
Welcome to Ekshop. Please read these Terms of Service carefully before creating an account or using our platform. By accessing or using any part of the platform, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the platform or use any services.
Ekshop ("Ekshop", "we", "us", "our") operates an e-commerce marketplace platform, including website application layers, mobile interfaces, and associated services, connecting independent sellers with buyers across the Republic of Kenya. These Terms of Service legally bind any person or entity accessing the platform ("User", "you", "your").
In these Terms of Service, the following capitalized terms shall have the meanings ascribed to them below:
Ekshop is a multi-vendor marketplace engine and does not act as a retailer, producer, distributor, or inventory owner of items listed on the Platform. All products uploaded are owned, described, and priced solely by individual independent Sellers. Consequently, Ekshop is not a direct party to the contract of sale executed between a Buyer and a Seller. While Ekshop coordinates checkout, secure payment infrastructure, order dispatch tracking, and baseline customer dispute mediation, it maintains no authority over product defects, stock accurate availability, or fulfillment absolute timelines beyond explicit platform policy terms.
4.1. Account Creation: To unlock transactions or product listings, users must establish an official account. You guarantee that all inputs provided during registration are authentic, up-to-date, and completely accurate. You are strictly responsible for preserving the tight confidentiality of your account credentials, passwords, and access tokens.
4.2. Responsibility & Abuse: You accept direct legal accountability for any and all transactions, data entries, or active behaviors initiated under your account. Fraudulent registration, duplicate deceptive accounts, profile spoofing, or violations of systemic safety barriers will lead to the immediate, non-negotiable suspension or definitive termination of your account without prior notice.
5.1. Accuracy of Listings: Sellers must present realistic, true, and high-fidelity specifications, images, conditions, and categorization details for all listed inventory. Listed prices must remain fixed and honored at the exact checkout timestamp. Artificial inflation or manipulative price shifting post-order is strictly forbidden.
5.2. Prohibited Goods: Users are prohibited from listing, trading, or facilitating the delivery of counterfeit merchandise, stolen items, unregulated medicinal pharmaceuticals, weapons, dangerous chemical composites, or any goods banned under the laws of Kenya. Circumvention of platform fees, review manipulation, and direct solicitation of off-platform transactional payments from Ekshop acquired leads are strictly prohibited and subject to legal remedies.
6.1. Platform Commissions: Ekshop charges a structural service marketplace fee or commission on successful completed vendor sales, as documented within separate active vendor schedules or onboard frameworks. By listing on Ekshop, the Seller explicitly authorizes Ekshop to deduct its standard marketplace commissions and payment merchant processing premiums prior to calculating and releasing final net merchant balances.
6.2. Tax & eTIMS Compliance: Sellers possess complete and absolute liability for executing, evaluating, registering, and remitting all appropriate taxes, tariffs, and excise fees arising from their marketplace activities, including Value Added Tax (VAT). Sellers must adhere tightly to all directives issued by the Kenya Revenue Authority (KRA), including full deployment and execution of Electronic Tax Invoice Management System (eTIMS) invoices where mandatory by statutory frameworks.
7.1. Authorization: Payment services on Ekshop are primarily processed securely via Safaricom M-Pesa. By submitting an electronic checkout order on the Platform, you formally authorize Ekshop and its integrated payment gateway processors to execute an immediate push-STK or equivalent transaction sequence charging your submitted mobile wallet.
7.2. Out of Stock & Cancellations: Order creation logs and confirmation receipt signals do not provide an ironclad guarantee of immediate stock availability. If a Seller discovers an unexpected stock rupture post-order execution, the Seller must cancel the item line immediately. Ekshop will process an equitable, full refund of all captured funds directly back to the originating Safaricom M-Pesa mobile number or user credit balance.
8.1. Indicative Timelines: Estimated fulfillment and transit metrics visible during the checkout portal are purely indicative predictions and do not carry precise legal deadlines or chronological guarantees.
8.2. Logistics & Risk: Ekshop arranges dispatch coordinates utilizing third-party independent Riders and delivery agencies. The legal risk of physical item loss, damage, or degradation passes dynamically from the Seller to the Rider upon collection, and successfully transfers entirely to the Buyer only upon formal, recorded signature or physical handoff at the destination address provided during checkout.
8.3. Failed Delivery Protocol: If a Buyer remains entirely unreachable, rejects delivery without lawful cause, or fails to appear at the designated drop zone during multiple delivery attempts, the item will return to the origin hub. Ekshop and its logistics partners reserve the right to bill the defaulting party for extra transit costs or withhold original courier delivery fees from subsequent refund sequences.
All requests for item returns, exchange tickets, broken product declarations, or financial refunds must strictly adhere to the operational rules embedded inside our official, separate Refund Policy framework. Claims must be filed within our standard window via Ekshop customer support channels to preserve eligibility for secure escrow hold interventions.
Ekshop takes user data privacy seriously. All practices regarding data gathering, profile collection, storage architectures, tracking cookies, and marketing opt-ins are managed under strict compliance with the Kenyan Data Protection Act, 2019, as described in our Privacy Policy. By interacting with the Platform, you acknowledge that your contact details, physical delivery address, and tracking data will be securely processed and shared exclusively with relevant parties (such as logistics Riders and processing Sellers) solely to the extent required to execute and fulfill your orders.
11.1. Governing Law: These Terms of Service, platform structures, and transactional procedures are governed by and construed strictly under the laws of the Republic of Kenya.
11.2. Amicable Settlement: In the event of any legal debate, claims, or systemic disagreement arising between a User and Ekshop, the parties must first submit their grievances to Ekshop Customer Support for a mandatory 30-day amicable mediation window.
11.3. Arbitration: If an amicable settlement is not reached within 30 days, the dispute shall be resolved through private, final, and legally binding Arbitration conducted in Nairobi, Kenya. The proceedings shall be administered in accordance with the provisions of the Arbitration Act (Cap 49 of the Laws of Kenya) by a sole arbitrator mutually agreed upon, or failing agreement, appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch).
12.1. Liability Cap: To the highest threshold permitted by applicable law, Ekshop, its directors, employees, or subsidiaries shall not be held liable for any indirect, unintended, accidental, punitive, or consequential damages, or loss of profits arising out of platform functionality, down-times, or bad merchant interactions.
12.2. Indemnification: Users explicitly promise to indemnify, legally defend, and hold harmless Ekshop, its brand layers, and officers against any third-party lawsuits, damages, monetary loss, or regulatory penalties caused by your breach of these Terms, selling of defective goods, or active violation of intellectual property laws.
For any clarifications, compliance reports, legal notices, or account assistance regarding these marketplace terms, please send formal digital correspondence to our official helpdesk at supportteam@ekshop.store.
