1. Introduction
1.1. These Terms and Conditions govern your use of the Mchoice Investments website and the purchase of products and services through our online store.
1.2. The website is operated by Mchoice Investments and provides an e-commerce platform through which customers can browse, select, purchase, and arrange delivery of products available on the Website.
1.3. By accessing, browsing, registering an account, placing an order, or otherwise using the Website, you agree to be bound by these Terms and Conditions.
1.4. If you do not agree with these Terms and Conditions, you should not use the Website or place an order through it.
1.5. These Terms and Conditions should be read together with our Privacy Policy, Returns and Refund Policy, Shipping/Delivery Policy, and any other policies published on the Website.
2. Website Use and Eligibility
2.1. You must be at least 18 years old to create an account or place an order through the Website.
2.2. By using the Website, you confirm that the information you provide is accurate, complete, and up to date.
2.3. You may use the Website for lawful purposes only.
2.4. You must not use the Website:
- For any unlawful, fraudulent, or unauthorized purpose;
- To impersonate another person or organization;
- To interfere with the operation or security of the Website;
- To attempt to gain unauthorized access to our systems;
- To introduce viruses, malware, or other harmful software;
- To scrape, copy, reproduce, or commercially exploit Website content without our written permission; or
- In any manner that may damage Mchoice Investments, our customers, suppliers, or third-party service providers.
3. Customer Accounts
3.1. Certain features of the Website may require you to create an account.
3.2. When creating an account, you agree to provide accurate and complete information.
3.3. You are responsible for maintaining the confidentiality of your account login details and password.
3.4. You must notify Mchoice Investments immediately if you believe that your account or password has been compromised or accessed without authorization.
3.5. Your account is intended for your personal or authorized business use and should not be transferred or sold to another person.
3.6. Mchoice Investments reserves the right to suspend or terminate an account where we reasonably believe that the account has been used fraudulently, unlawfully, or in breach of these Terms and Conditions.
4. Products and Product Information
4.1. We make reasonable efforts to ensure that product descriptions, specifications, images, prices, availability, and other information displayed on the Website are accurate.
4.2. However, product images may vary slightly from the actual product due to differences in display screens, photography, lighting, manufacturer packaging, or product revisions.
4.3. Product specifications, colours, packaging, accessories, and other features may change from time to time where manufacturers update or revise their products.
4.4. Mchoice Investments reserves the right to correct errors, inaccuracies, or omissions on the Website at any time.
4.5. We also reserve the right to update, discontinue, or change the availability of products without prior notice.
4.6. Product availability shown on the Website is subject to confirmation.
5. Prices
5.1. All product prices displayed on the Website are stated in Kenyan Shillings (KES) unless otherwise indicated.
5.2. Prices may change at any time without prior notice.
5.3. We make reasonable efforts to ensure that prices displayed on the Website are accurate.
5.4. If a product has been listed at an incorrect price due to a technical, typographical, or other error, we reserve the right to correct the price and notify you before processing the order.
5.5. Any applicable delivery, shipping, installation, handling, or other charges will be displayed during the ordering process or communicated to you before the order is completed.
6. Placing an Order
6.1. You may place an order by selecting products on the Website, adding them to your shopping cart, providing the requested information, and completing the checkout process.
6.2. Submitting an order constitutes an offer to purchase the selected products subject to these Terms and Conditions.
6.3. After submitting an order, you may receive an order confirmation by email, SMS, telephone, or another communication method.
6.4. An order confirmation does not necessarily constitute acceptance of the order where the product is unavailable, payment cannot be verified, or other circumstances prevent us from fulfilling the order.
6.5. Mchoice Investments reserves the right to accept, reject, cancel, or limit any order where reasonably necessary.
6.6. We may contact you to verify order details, payment information, delivery information, or other information before processing an order.
7. Payment
7.1. Payment must be made using the payment methods made available through the Website or otherwise communicated by Mchoice Investments.
7.2. Available payment methods may include mobile money, bank transfer, card payments, or other payment methods supported by our payment service providers.
7.3. Payment must be successfully completed or verified before an order is dispatched unless Mchoice Investments has expressly agreed to another payment arrangement.
7.4. Where payment is processed by a third-party payment provider, that provider’s applicable terms and policies may also apply.
7.5. Mchoice Investments reserves the right to cancel an order where payment cannot be verified or where a transaction is suspected to be fraudulent or unauthorized.
8. Order Cancellation
8.1. You may request cancellation of an order before it has been dispatched.
8.2. Cancellation requests should be made as soon as possible by contacting Mchoice Investments using the contact details provided on the Website.
8.3. Once an order has been dispatched, cancellation may no longer be possible and the request may instead be handled under our Returns and Refund Policy.
8.4. Mchoice Investments may cancel an order where:
- The requested product is unavailable;
- There is an error in the product description or price;
- Payment cannot be verified;
- We reasonably suspect fraudulent or unauthorized activity;
- Delivery to the specified location is not possible; or
- Circumstances outside our reasonable control prevent fulfilment.
8.5. Where Mchoice Investments cancels an order for which payment has already been received, we will process any applicable refund in accordance with our Refund Policy and applicable law.
9. Delivery and Shipping
9.1. We deliver products to locations within Kenya where delivery services are available.
9.2. Delivery charges and estimated delivery times may vary depending on:
- Delivery location;
- Product type;
- Product availability;
- Courier or logistics provider;
- Order size or weight; and
- Other operational circumstances.
9.3. Estimated delivery times are provided as guidance and are not guaranteed unless expressly stated otherwise.
9.4. You are responsible for providing accurate delivery information, including your name, telephone number, physical location, building or premises details, and any other information necessary for successful delivery.
9.5. Mchoice Investments will not be responsible for delivery delays caused by incorrect or incomplete information provided by the customer.
9.6. Delivery may require identification, confirmation of the order, or other reasonable verification before the product is handed over.
9.7. If you are unavailable to receive your order, additional delivery arrangements or charges may apply depending on the circumstances.
10. Inspection Upon Delivery
10.1. Customers are encouraged to inspect products upon delivery where reasonably possible.
10.2. If a product appears damaged, incorrect, defective, or materially different from what was ordered, you should notify Mchoice Investments as soon as reasonably possible.
10.3. Claims relating to damaged, incorrect, or missing products may require supporting information such as photographs, order details, delivery documentation, or other evidence.
11. Returns, Exchanges and Refunds
11.1. Returns, exchanges, and refunds are handled in accordance with our Returns and Refund Policy, as published on the Website.
11.2. Eligibility for a return or refund may depend on:
- The condition of the product;
- The reason for the return;
- The time elapsed since delivery;
- Whether the product has been used or damaged;
- Manufacturer warranty terms; and
- Applicable consumer protection laws.
11.3. Certain products may not be eligible for return due to their nature, hygiene requirements, software licensing restrictions, customization, or other applicable limitations.
11.4. Products returned to Mchoice Investments may be inspected before a refund, replacement, or exchange is approved.
11.5. Where a refund is approved, it may be issued using the original payment method or another appropriate method agreed upon by Mchoice Investments and the customer.
11.6. Refund processing times may vary depending on the payment method and the relevant financial institution or payment provider.
12. Manufacturer Warranties
12.1. Where a product is covered by a manufacturer’s warranty, the applicable manufacturer’s warranty terms may apply.
12.2. Mchoice Investments may assist customers with warranty claims where appropriate, but the terms, duration, exclusions, and conditions of a manufacturer’s warranty are determined by the relevant manufacturer.
12.3. Warranty coverage may not apply to damage caused by misuse, unauthorized modifications, physical damage, liquid damage, power surges, improper installation, negligence, or other circumstances excluded by the applicable warranty.
12.4. Customers should retain invoices, receipts, serial numbers, and other relevant purchase information for warranty purposes.
13. Customer Reviews, Feedback and Content
13.1. Where the Website allows customers to submit reviews, comments, feedback, photographs, or other content, you must ensure that the information provided is truthful and appropriate.
13.2. You must not submit content that:
- Is false, misleading, fraudulent, or deceptive;
- Is defamatory, abusive, threatening, hateful, or discriminatory;
- Contains unlawful, obscene, or offensive material;
- Infringes another person’s intellectual property or privacy rights;
- Contains malicious software;
- Contains personal or confidential information belonging to another person; or
- Is intended to manipulate reviews, ratings, or Website functionality.
13.3. Mchoice Investments reserves the right to remove content that violates these Terms and Conditions or that we reasonably consider inappropriate.
13.4. By submitting content to the Website, you grant Mchoice Investments a non-exclusive, royalty-free right to use, reproduce, display, and publish that content for purposes connected with operating, promoting, and improving our services, subject to applicable law.
14. Intellectual Property
14.1. Unless otherwise stated, the Website and its content, including text, graphics, logos, images, product descriptions, designs, software, layout, and other materials, are owned by or licensed to Mchoice Investments or the relevant rights holder.
14.2. All applicable intellectual property rights are reserved.
14.3. You may access and use Website content for your personal or legitimate business purposes in connection with using our services.
14.4. You must not reproduce, modify, distribute, publish, sell, license, or commercially exploit Website content without our prior written permission, except where permitted by applicable law.
14.5. Third-party trademarks, logos, product names, and brand names displayed on the Website belong to their respective owners.
14.6. The display of third-party brands or trademarks does not necessarily imply an affiliation, endorsement, or partnership unless expressly stated.
15. Website Availability and Accuracy
15.1. We aim to keep the Website available and functioning properly, but we do not guarantee that the Website will always be:
- Available without interruption;
- Free from errors;
- Free from viruses or other harmful components; or
- Completely accurate or up to date.
15.2. We may temporarily suspend or restrict access to the Website for maintenance, upgrades, security reasons, technical issues, or other operational purposes.
15.3. We may modify, suspend, discontinue, or remove any part of the Website or its functionality at any time.
16. Prohibited Activities
You must not:
16.1. Attempt to gain unauthorized access to the Website or its systems.
16.2. Circumvent Website security measures.
16.3. Use automated systems, bots, spiders, scrapers, or similar tools to collect information from the Website without our written permission, except for legitimate search engine indexing.
16.4. Introduce malicious code, viruses, worms, spyware, or other harmful software.
16.5. Interfere with the normal operation or security of the Website.
16.6. Use information obtained from the Website for unauthorized commercial purposes.
16.7. Engage in fraudulent transactions or attempt to obtain products or services through deception.
16.8. Use another person’s account or payment information without authorization.
17. Limitation of Liability
17.1. Nothing in these Terms and Conditions limits or excludes liability that cannot lawfully be limited or excluded under applicable Kenyan law.
17.2. To the maximum extent permitted by law, Mchoice Investments will not be responsible for losses arising from:
- Temporary Website interruptions;
- Events beyond our reasonable control;
- Incorrect information supplied by a customer;
- Delays caused by third-party delivery providers;
- Unauthorized access caused by a customer’s failure to protect their account credentials; or
- Indirect or consequential losses where such exclusion is permitted by law.
17.3. Nothing in these Terms and Conditions affects any statutory rights or consumer protections that cannot legally be excluded.
18. Events Beyond Our Control
18.1. Mchoice Investments will not be responsible for failure or delay in performing its obligations where the failure or delay results from circumstances beyond our reasonable control.
18.2. Such circumstances may include, but are not limited to:
- Natural disasters;
- Fire or flooding;
- Epidemics or pandemics;
- War or civil unrest;
- Government restrictions;
- Strikes or industrial action;
- Internet or telecommunications failures;
- Power outages;
- Cybersecurity incidents;
- Transport disruptions;
- Supplier or manufacturer delays; or
- Other events outside our reasonable control.
18.3. Where such an event affects an order, we will take reasonable steps to communicate with affected customers and provide an appropriate solution where possible.
19. Indemnification
19.1. To the extent permitted by applicable law, you agree to indemnify and hold Mchoice Investments, its officers, employees, and service providers harmless from claims, losses, damages, liabilities, and reasonable expenses arising from:
- Your unlawful or unauthorized use of the Website;
- Your breach of these Terms and Conditions;
- Your violation of another person’s rights; or
- Fraudulent or misleading information provided by you.
20. Suspension and Termination
20.1. Mchoice Investments may suspend or terminate your access to the Website or your account if you breach these Terms and Conditions or engage in unlawful, fraudulent, abusive, or harmful activity.
20.2. We may also suspend access where reasonably necessary to protect the security of the Website, customers, or our business.
20.3. Termination of an account does not automatically cancel obligations relating to orders, payments, returns, refunds, warranties, or other transactions that arose before termination.
21. Privacy
21.1. Your use of the Website is also subject to our Privacy Policy.
21.2. Mchoice Investments processes personal information in accordance with applicable Kenyan data protection laws and our Privacy Policy.
21.3. By using the Website, you acknowledge that your information may be collected and processed as described in our Privacy Policy.
22. Changes to These Terms and Conditions
22.1. Mchoice Investments may update these Terms and Conditions from time to time.
22.2. Updated Terms and Conditions will be published on the Website with an updated “Last Updated” date.
22.3. Changes become effective when published unless otherwise stated.
22.4. Your continued use of the Website after updated Terms and Conditions have been published constitutes acceptance of the updated terms.
23. Severability
23.1. If any provision of these Terms and Conditions is determined by a court or other competent authority to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force and effect.
23.2. Where legally possible, an invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it valid and enforceable while preserving its original purpose.
24. Entire Agreement
24.1. These Terms and Conditions, together with our Privacy Policy, Returns and Refund Policy, Shipping/Delivery Policy, and any other policies expressly incorporated into them, constitute the agreement between you and Mchoice Investments concerning your use of the Website and purchase of products through it.
24.2. They supersede any previous terms or understandings relating to the same subject matter, except where otherwise expressly agreed in writing.
25. Governing Law and Jurisdiction
25.1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.
25.2. Any dispute arising from or relating to these Terms and Conditions or your use of the Website shall be subject to the jurisdiction of the courts of Kenya, subject to any mandatory consumer rights or dispute-resolution requirements applicable under Kenyan law.
26. Contact Us
If you have any questions regarding these Terms and Conditions, our products, orders, payments, deliveries, returns, or other Website services, you can contact us:
Mchoice Investments
Website: https://mchoice.co.ke/
Email: info@mchoice.co.ke
Phone: +254 726 489 500
Address: Midtown Business Centre, Taveta Road, Nairobi, Kenya
By using the Mchoice Investments Website or placing an order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.