Terms & Conditions

01 Definitions

• "Buyer" — a user who browses, bids on, or purchases items.
• "Curator" / "Seller" — a user approved to list and sell items on the Platform.
• "Item" — a product listed for sale.
• "Order" — a confirmed purchase of an Item.
• "Content" — any text, photos, listings, reviews, or other material submitted to the Platform.
• "Marketplace" — the service through which Curators sell Items to Buyers via the Platform.

02 Who we are and our role

ThriftEd is a curated marketplace for authenticated second-hand fashion. We provide the technology, payment facilitation, authentication and quality-check support, and logistics coordination that connect Buyers and Curators.

03 Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You must provide accurate, current, and complete information and keep it updated.
• You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately of any unauthorised use.
• You may not create accounts by automated means, impersonate others, or maintain more than one account to evade restrictions.
• We may refuse, suspend, or terminate accounts that breach these Terms or pose risk to the Platform or its users.

04 Buying on ThriftEd

• Listings and availability. Items are second-hand and typically one-of-a-kind; availability is not guaranteed until an Order is confirmed. We and Curators try to describe Items and their condition accurately, but minor variations in colour, measurement, and wear are inherent to pre-owned goods.
• Pricing and currency. Prices are displayed in Kenyan Shillings (KES) and, unless stated otherwise, are inclusive of applicable taxes but exclusive of delivery fees, which are shown at checkout.
• Order formation. Your Order is an offer to buy. A binding contract forms when we confirm the Order and/or payment is successfully authorised. If an Item becomes unavailable or a pricing error occurs, we may decline or cancel the Order and refund you.
• Payment. Payments are processed by our third-party payment processor(s). You authorise the charge for the Item plus delivery and any applicable fees. We do not store full payment credentials. If a payment fails or is reversed, the Order may be cancelled.

05 Selling as a Curator

If you are approved as a Curator, you additionally agree that:

• Approval and verification. Curator access is by application and is subject to identity and eligibility verification. We may decline or revoke approval at our discretion.
• Accurate listings. You will describe each Item truthfully, including brand, size, materials, measurements, condition/grade, and any flaws, and use genuine photographs of the actual Item.
• Ownership and authenticity. You warrant that you own or are authorised to sell each Item, that it is authentic (not counterfeit or replica), and that the sale does not infringe any third-party rights or any law.
• Prohibited items. You will not list counterfeit goods, stolen goods, unsanitary items, undergarments where prohibited, hazardous materials, or anything illegal or restricted (see Section 10).
• Fulfilment. You will dispatch or make Items available for collection promptly and in the condition described, and cooperate with our authentication, quality-check, and delivery processes.
• Fees and payouts. ThriftEd charges commission and/or fees as set out in our Curator fee schedule, deducted from sale proceeds. Net payouts are remitted to your nominated M-Pesa or bank account on the stated payout cycle, subject to verification, returns, chargebacks, and any holds for risk or dispute.
• Taxes. You are responsible for your own tax obligations arising from your sales.

You act as an independent seller and not as an employee, agent, or partner of ThriftEd.

06 Authentication, condition, and quality checks

ThriftEd may inspect, authenticate, and grade Items. Our condition grades (e.g., "Excellent", "Very good", "Good") are good-faith assessments to help Buyers and are not warranties of perfection given the second-hand nature of the goods. Where an Item fails authentication or materially differs from its listing, we may remove the listing, cancel the Order, and arrange a refund or return.

07 Delivery, risk, and title

• Methods. We offer delivery options such as same-day boda within Nairobi, countrywide courier, and pickup-station collection, with fees and estimated timeframes shown at checkout. Timeframes are estimates, not guarantees.
• Risk and title. Risk in an Item passes to the Buyer on delivery or collection. Title passes once we (or the Curator) have received full payment.
• Failed delivery. You are responsible for providing accurate delivery details and being available to receive Items. Re-delivery or storage fees may apply for failed deliveries caused by incorrect details or unavailability.

08 Returns, refunds, and cancellations

• Your statutory rights. Nothing here limits your non-excludable rights under the Consumer Protection Act, 2012 and other applicable Kenyan law.
• Not as described / faulty / inauthentic. If an Item arrives materially not as described, faulty beyond the disclosed condition, or fails authentication, you may request a return for a refund or other remedy within 3 days of delivery by contacting us with photos and details.
• Second-hand nature. Because Items are pre-owned and often one-of-a-kind, we may not accept returns for change of mind or for wear and characteristics that were disclosed in the listing.
• Process. Approved returns must be sent back unused, with tags/packaging where provided, within the time we specify. Refunds are made to your original payment method (or as otherwise agreed) once the return is received and checked, less any non-refundable fees where lawful.
• Cancellations. Orders may be cancelled before dispatch where the Item has not yet been prepared; dispatched Orders may not be cancellable.

09 User content, reviews, and conduct

• Your Content. You retain ownership of Content you submit but grant ThriftEd a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, use, reproduce, adapt, and display that Content to operate, promote, and improve the Platform. You confirm you have the rights to grant this licence.
• Reviews. Reviews must be honest, based on genuine experience, and free of unlawful, abusive, or misleading content. We may moderate, refuse, or remove Content that breaches these Terms.
• Acceptable use. You will not: post unlawful, infringing, defamatory, or harmful Content; harass other users; circumvent the Platform to transact off-platform to avoid fees; scrape or misuse data; introduce malware; or interfere with the Platform's operation or security.

10 Prohibited items and activities

You may not use the Platform to deal in: counterfeit or replica goods; stolen property; weapons; drugs or regulated substances; hazardous materials; recalled or unsafe products; items that infringe intellectual-property or other rights; or anything illegal under Kenyan law. We may remove such listings and take account action without notice.

11 Intellectual property

The Platform and all associated trademarks, logos, software, design, and content (excluding user Content) are owned by or licensed to ThriftEd and protected by law. We grant you a limited, revocable, non-transferable licence to use the Platform for its intended purpose. You may not copy, modify, distribute, reverse-engineer, or create derivative works except as permitted by law.

12 Disclaimers

To the maximum extent permitted by law, the Platform and Items are provided "as is" and "as available". We do not warrant that the Platform will be uninterrupted, error-free, or secure, or that listings, condition grades, or content are complete or accurate. Statutory warranties and consumer rights that cannot be excluded under Kenyan law continue to apply.

13 Limitation of liability

To the maximum extent permitted by law:

• ThriftEd is not liable for indirect, incidental, special, consequential, or punitive losses, or for loss of profit, data, goodwill, or opportunity.
• Our total aggregate liability arising out of or relating to a transaction or these Terms will not exceed the greater of (a) the amount you paid for the relevant Order, or (b) KES BN-6ASREYPB.
• Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, fraud, or breach of mandatory consumer rights.

14 Indemnity

You agree to indemnify and hold harmless ThriftEd and its officers, employees, and agents from claims, losses, and reasonable costs (including legal fees) arising from your breach of these Terms, your Content, your Items, or your misuse of the Platform.

15 Disputes between Buyers and Curators

Because sales are between Buyers and Curators, disputes (e.g., not-as-described, non-delivery) should first be raised through the Platform's resolution process. ThriftEd may, at its discretion, mediate, hold funds, facilitate returns or refunds, and make a final decision under our buyer-protection and curator policies, but we are not obliged to resolve every dispute and do not assume the parties' contractual obligations.

16 Suspension and termination

We may suspend or terminate your access, remove listings, withhold payouts pending investigation, or close your account if you breach these Terms, create risk of harm or fraud, or as required by law. You may close your account at any time, subject to completing pending Orders and obligations. Provisions that by their nature should survive termination will survive.

17 Third-party services

The Platform integrates third-party services (payments, delivery, analytics, messaging). Your use of those services may be subject to their own terms, and we are not responsible for them.

18 Force majeure

We are not liable for failure or delay caused by events beyond our reasonable control, including network or power failures, acts of government, strikes, natural disasters, or third-party service outages.

19 Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, where changes are material, provide notice through the Platform or by email. Your continued use after an update constitutes acceptance.

20 Governing law and dispute resolution

These Terms are governed by the laws of the Republic of Kenya. The parties will first attempt to resolve any dispute amicably through good-faith negotiation. If unresolved within 30 days, the dispute will be subject to the exclusive jurisdiction of the courts of Kenya at Nairobi. This clause does not limit any consumer's right to bring proceedings as permitted by mandatory law.

21 General

• Entire agreement. These Terms, the Privacy Policy, and any policies referenced form the entire agreement between you and ThriftEd regarding the Platform.
• Severability. If any provision is held unenforceable, the remaining provisions continue in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a reorganisation or sale.
• Notices. We may give notices through the Platform or to your registered contact details.

22 Contact us