Introduction

Welcome to topcart, a fully managed online marketplace offering shoppers in Kenya a seamless, reliable, and high-quality e-commerce experience. These Terms and Conditions (“Terms”) govern your use of topcart’s platform and services, including browsing, signing up, and purchasing items, whether as a registered user or a guest.

By using our website, mobile application, or making a purchase, you agree to these Terms. If you do not agree, you may not access or use topcart’s services.

Scope of Application

These Terms apply to:

• All users accessing or interacting with the topcart platform.
• Both registered users and guest users.
• All purchases, content, services, and communications related to topcart.

You confirm that you are at least 18 years old or accessing the site under the supervision of a parent or legal guardian.

Platform Use & Acceptable Conduct

You agree to use the platform in a lawful, fair, and respectful manner.
You must not:

• Upload viruses, spam, or malicious software.
• Infringe on third-party rights (e.g. trademarks, copyright).
• Use topcart to commit fraud or misrepresent your identity.

topcart reserves the right to suspend or terminate your access without notice if you breach these terms.

Account Registration & Security

When registering:

• You must provide accurate, up-to-date information.
• You are responsible for the security of your account credentials.
• Any action through your account is deemed authorized by you.

Guest Checkout

Guests must agree to these Terms before placing an order.
Orders placed as a guest will be associated with the email address and mobile number provided during checkout.

Orders & Payment

• Orders are subject to stock availability and price confirmation.
• topcart may cancel or decline orders due to suspected fraud, stock errors, or pricing anomalies.
• Payments must be made through approved payment methods (e.g. Mpesa, Debit Card).

Product Descriptions & Pricing

• We aim for accuracy in all listings, descriptions, and prices.
• Errors may occur, and we reserve the right to correct or cancel any order affected by such errors.
• Prices are inclusive of applicable taxes unless otherwise stated.

Delivery & Fulfilment

• Orders are fulfilled and delivered through topcart’s logistics partners.
• Delivery timelines are estimates and may vary due to operational or external factors (e.g., weather, traffic).
• You will receive delivery status updates via SMS/email.

Returns, Refunds & Cancellations

topcart handles all returns and refunds directly with the shopper.
By placing an order, you confirm that you have reviewed and accepted our full Returns & Refunds Policy.

Key points:

• You may return items under specific conditions (e.g., defective, incorrect item, change of mind).
• Refunds may be subject to restocking or delivery deductions unless the issue is topcart’s fault.
• Cancellations are only possible before the order is packed/shipped.

Promotions, Discounts & Vouchers

• Promotional codes are subject to terms of use and expiry dates.
• Only one discount or voucher may apply per order unless otherwise stated.
• topcart reserves the right to modify or cancel promotions at any time.

Intellectual Property

All intellectual property on the platform—including logos, images, graphics, text, and software—is the property of topCcrt or its licensors.
You may not reuse, copy, or distribute any content without written permission.

Privacy & Data Usage

Your data is collected, used, and stored in accordance with our Privacy Policy.
By using topcart, you consent to:

• The collection and processing of your personal data for order fulfilment, communication, and service improvement.
• Data sharing with relevant service providers (e.g., logistics and payment partners) strictly for service delivery.

Limitation of Liability

To the maximum extent permitted by law, topcart is not liable for:

• Any indirect, incidental, or consequential losses.
• Delays in delivery due to factors beyond our control.
• Product dissatisfaction if the product was delivered as described and undamaged.

Indemnity

You agree to indemnify and hold harmless topcart and its employees, affiliates, and service partners against any claims, damages, or liabilities arising from:

• Your use of the platform.
• Your breach of these Terms or violation of any law.

Termination of Use

We reserve the right to suspend, restrict, or terminate your access to the platform without prior notice if:

• You breach these Terms.
• We suspect fraudulent activity or misuse of the platform.

Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya.
Any dispute will be resolved through:

• Good faith mediation in the first instance.
• If unresolved, arbitration or referral to the courts of Kenya.

Policy Changes & Updates

topcart reserves the right to update or revise these Terms.
Changes will be communicated via:

• Email (for registered users)
• Updates posted on the website.

Your continued use of topcart after changes are posted constitutes acceptance of the updated Terms.

Contact Us

If you have any questions or concerns, contact us at:
📧 Email: Customer Care

✅ By signing up or placing an order on topcart, you agree to be bound by these Terms & Conditions.