Terms & Conditions

1. About these terms

1.1 Agreement

These Terms & Conditions (“Terms”) form a binding agreement between you and Urge Ventures, of Nairobi, Kenya, which operates Urban Market (“Urban Market”, “we”, “us”, “our”).

1.2 Acceptance

By using the Urban Market website or app (“the Platform”), placing an order, or opening a seller or advertiser account, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Platform.

1.3 Other terms that may apply

• Sellers also agree to the Seller Agreement presented at sign-up, which sets out commercial terms, including any commission.
• Advertisers also agree to the terms of each advertising order.
• Each shop’s returns terms, shown on the product page and at checkout, form part of your contract with that shop.

If those terms conflict with these Terms, these Terms prevail, except where the other terms give you more protection.

1.4 Your statutory rights

Nothing in these Terms removes or limits any right you have as a consumer under the laws of Kenya, including the Consumer Protection Act, 2012 and the Sale of Goods Act, that cannot lawfully be excluded. Where any part of these Terms would do so, that part does not apply to you.

2. What Urban Market is — and is not

2.1 A marketplace

Urban Market is an online marketplace. It lets you find and buy products from independent shops (“Sellers”), pay for goods from several shops in one checkout, and have them delivered together.

2.2 Who you are buying from

When you buy a product, your contract of sale is with the Seller, whose name is shown on the product, in your basket, at checkout and on your receipt. The Seller is responsible for the product, its description, its quality and its legality. Urban Market is not the seller of products listed by Sellers.

2.3 Urban Market’s role

Urban Market acts as each Seller’s commercial agent to list its products, accept orders and collect payment on its behalf. Payment you make to Urban Market for a Seller’s goods is treated as payment to that Seller and discharges your obligation to pay for them.

2.4 Delivery

Delivery is carried out by TumaBoda (Tuma Boda Limited), an independent courier, whose riders collect from Sellers and deliver to you. Urban Market arranges the delivery for you and charges the delivery fee shown at checkout.

2.5 Anita

Anita is an AI shopping assistant provided by Urban Market. See section 6.

3. Definitions

4. Eligibility and accounts

4.1 Age

You must be 18 or over to place an order or open an account. By placing an order you confirm that you are.

4.2 Accurate details

You must give a working phone number and an accurate delivery location. Orders to fictitious details, or that a rider cannot complete because of inaccurate details, may be cancelled under section 12.

4.3 Keeping your account secure

You are responsible for activity on your account. Tell us straight away if you suspect someone else is using it. We will never ask for your mobile money PIN or full card number.

4.4 Suspension and closure

We may suspend or close an account, or refuse an order, where we reasonably believe it is being used for fraud, to buy restricted products unlawfully, to abuse riders, Sellers or staff, or in serious breach of these Terms. Where it is safe and lawful to do so, we will tell you why. You may close your account at any time.

5. Products, prices and availability

5.1 Listings

Sellers write their own listings and supply their own photographs. Sellers must describe products accurately. Photographs show the product; packaging may differ slightly.

5.2 Prices

• All prices are in Kenya Shillings and include VAT where it applies.
• The delivery fee is shown separately and in full before you pay. There are no hidden charges at the door.
• A crossed-out “was” price is the Seller’s previous selling price for that product on Urban Market. Discounts are calculated from it.

5.3 Pricing errors

If a product is listed at an obviously incorrect price, the Seller may decline the order. If you have already paid, you will be refunded in full, and offered the product at the correct price if you still want it.

5.4 Stock

Stock and prices are confirmed at checkout. If a product becomes unavailable after you have paid, you will be refunded for that product in full; the rest of your Order continues.

6. Anita, the AI shopping assistant

6.1 Anita is an AI

Anita is automated software, not a person. She helps you find products, build a Basket and answer questions about how the Platform works.

6.2 Suggestions, not guarantees

Anita works from the live catalogue, but her answers may occasionally be incomplete or wrong. The price, stock and delivery fee shown at checkout are the ones that apply.

6.3 Not professional advice

Anita does not give medical, pharmaceutical, legal or financial advice. For medicines, always follow the pharmacist’s advice and the product’s instructions.

6.4 Your responsibility

You decide what to buy. Please check the Basket before you pay.

7. Placing an order

7.1 How the contract is formed

When you pay, you make an offer to buy the products in your Basket. The contract with each Seller is formed when that Seller accepts your Order, which we confirm to you by SMS. A Seller may decline an Order — for example if a product is out of stock — in which case you will be refunded for that Seller’s products in full.

7.2 Orders across several shops

A Basket from several Sellers is paid in one checkout and delivered by one rider, but it is a separate contract with each Seller. If one Seller cannot fulfil its part, the other parts continue.

7.3 Ordering for someone else

You may send an Order to someone else. You must have their permission to give us their name, phone number and location, and restricted products will only be handed to a recipient who meets the legal conditions.

8. Payment

8.1 How you can pay

By mobile money or card, through licensed payment service providers. The options available to you are shown at checkout.

8.2 Pay before dispatch

Payment is taken when you place the Order, before a rider is sent. There is no cash on delivery, and riders will not accept cash for goods.

8.3 How the Seller is paid

Urban Market collects your payment as the Seller’s agent and pays the Seller its proceeds under the Seller Agreement. If an Order is not delivered, you are refunded under section 13.

8.4 Failed and duplicate payments

If a payment fails, no Order is placed. If you are charged twice for the same Order, the duplicate is refunded in full to the method you paid with.

8.5 Payment disputes

If you do not recognise a charge, contact us before contacting your bank or mobile money provider, so we can resolve it quickly. This does not affect any right you have with your provider.

9. Delivery

9.1 One rider, one fee

Your Order is delivered by one TumaBoda rider, who collects from each Seller in your Basket. You pay one delivery fee for the Order, calculated for your delivery location and shown in full at checkout, before you pay.

9.2 Free delivery

Where a Basket qualifies for free delivery, the free delivery covers the standard delivery fee shown at checkout.

9.3 Delivery times

Delivery times shown on the Platform are estimates, not guarantees. They can be affected by traffic, weather and preparation time at the Seller.

9.4 Handover

• You, or the recipient you named, must be available at the delivery location and reachable by phone.
• Check that the packages are intact and complete when they are handed over, and tell the rider or us straight away if anything is visibly missing or damaged.
• Accepting the Order at the door does not remove your right to report a fault that you could not see there (see section 13).

9.5 When a delivery cannot be completed

If the rider cannot deliver because nobody is available at the location, the phone is not answered after reasonable attempts, the location given is wrong, or a Restricted product cannot lawfully be handed over, the rider may return the Order. You will be refunded for the goods; the delivery fee may be retained because the delivery was carried out.

9.6 Risk

Responsibility for the goods passes to you at Handover. Until then, if an Order is lost or damaged in transit, you will not bear that loss (see section 13.3).

10. Alcohol and other age-restricted products

10.1 18 and over only

Alcohol is sold only to people aged 18 or over, in line with the Alcoholic Drinks Control Act, 2010 and applicable county laws.

10.2 Age check at the door

The date-of-birth check on the Platform is a declaration, not proof of age. The rider will ask the person receiving the Order for a valid national ID, passport or other acceptable identification, and will not hand over a Restricted product if:

• no valid ID is shown, or the recipient appears to be under 18;
• the recipient appears to be intoxicated;
• the delivery is to a place, or at a time, where the sale is not lawful.

10.3 What happens if the handover is refused

The Restricted products are returned to the Seller and refunded to you. Other products in the Order are still delivered. The delivery fee may be retained under section 9.5.

10.4 Delivery hours

Alcohol is delivered only during the hours permitted by the law of the county where it is delivered.

11. Medicines and pharmacy products

• Pharmacy products are sold by pharmacies licensed under the Pharmacy and Poisons Act. Each pharmacy is responsible for dispensing.
• Prescription-only medicines are supplied only against a valid prescription, which the pharmacy will check. The pharmacy may contact you, and may decline to supply.
• Pharmacy products are delivered sealed, and riders do not see their contents.
• For safety reasons, medicines cannot be returned once they have left the pharmacy, unless they are faulty, damaged, expired or not what you ordered.
• Anita does not give medical advice (see section 6.3).

12. Cancelling an order

12.1 Before dispatch

You can cancel an Order, or part of it, free of charge until the rider has collected it. You will be refunded in full, including the delivery fee.

12.2 After dispatch

Once the rider has collected your Order, it can no longer be cancelled free of charge. If you refuse it at the door without a valid reason, the goods are refunded once returned to the Seller, and the delivery fee is retained.

12.3 Cancellation by us or a Seller

We or a Seller may cancel an Order where a product is unavailable, a price was obviously wrong, a Restricted product cannot lawfully be supplied, the delivery location is outside our service area, or we reasonably suspect fraud. You will be refunded in full for anything cancelled.

13. Returns, refunds and problems with an order

13.1 Each shop’s returns terms

Each Seller sets its own returns terms for change-of-mind returns. They are shown on the product page and at checkout before you pay. These may be more generous than the law requires, but never less.

13.2 Faulty, wrong or incomplete orders

Whatever a Seller’s returns terms say, if a product is faulty, damaged, not as described, not what you ordered, or missing, you are entitled to a remedy. Please report it:

• at the door, if you can see it when the Order is handed over; or
• within 48 hours of Handover, through your order page or by contacting us, with a photograph where you can.

Reporting within 48 hours helps us resolve things quickly. It does not limit rights you have under the law for faults that only become apparent later.

13.3 Lost or damaged in transit

If your Order is lost, or arrives damaged, you will not be asked to pursue the Seller or the courier yourself. You will be refunded in full or, if you prefer and it is available, sent a replacement. Urban Market deals with the Seller and TumaBoda.

13.4 Products that cannot be returned for change of mind

Unless faulty or not as described, the following cannot be returned simply because you changed your mind: food and other perishables; medicines; opened fragrance, cosmetics and personal-care products; alcohol whose seal has been broken; and items made or personalised to your order.

13.5 How refunds are paid

• Refunds go back to the method you paid with.
• Once a refund is approved, it is issued promptly. How quickly it then reaches you depends on your payment provider.
• Refunds for goods include the full price paid. The delivery fee is refunded where the whole Order was not delivered, or was faulty or wrong through no fault of yours.

14. If an order does not arrive

If your Order is not delivered, you are refunded in full, including the delivery fee (see section 13.5). After Handover, you keep every remedy described in section 13 and under the law.

This describes your remedies. It is not insurance, and not a guarantee of a Seller’s products beyond the remedies in these Terms and the law.

15. Prohibited products

15.1 Never allowed

The following may not be listed, sold, advertised or delivered through Urban Market:

• illegal drugs, controlled substances and drug paraphernalia;
• weapons, ammunition, explosives, fireworks and imitation firearms;
• counterfeit, pirated or stolen goods, and anything that infringes someone else’s intellectual property;
• tobacco-free nicotine pouches, e-cigarettes and tobacco products;
• prescription-only medicines except by a licensed pharmacy against a valid prescription;
• wildlife products, live animals and anything whose trade is restricted by law;
• hazardous, flammable or corrosive materials that cannot safely be carried on a motorcycle;
• adult content, and anything that promotes hatred or violence;
• currency, financial instruments, gift cards for resale, and personal documents.

15.2 Allowed with conditions

• Alcohol — only by Sellers holding a valid licence, and only under section 10.
• Pharmacy products — only by licensed pharmacies, under section 11.
• Food — only by Sellers meeting food-safety and public-health requirements.

15.3 Enforcement

We may remove listings, cancel orders and suspend Sellers that break this section, and report unlawful activity to the authorities.

16. Selling on Urban Market

This section summarises the main obligations of Sellers. The Seller Agreement presented at sign-up contains the full terms, including the commercial terms and any commission, and prevails for Sellers.

16.1 The Seller is the seller

Each Seller sells in its own name, is responsible for its products and listings, and appears on the buyer’s receipt.

16.2 Licences and legality

Sellers must hold, and keep in force, every licence required for what they sell — including alcohol and pharmacy licences — and must provide copies on request.

16.3 Tax

Sellers declare and account for their own sales and taxes. A valid KRA PIN is required before the first payout.

16.4 Accurate listings

Prices, descriptions, photographs and availability must be accurate and kept up to date. Sellers must not list a “was” price they have not genuinely charged.

16.5 Fulfilment

Sellers must prepare accepted Orders promptly, package them so they travel safely by motorcycle, seal Restricted and pharmacy products, and honour their returns terms and the remedies in section 13.

16.6 Payouts

Sellers are paid on the schedule in the Seller Agreement, less any amounts set out there. Where a buyer is refunded after payout for a reason that is the Seller’s responsibility, the amount may be recovered from future payouts.

16.7 Buyer data

Sellers may use buyer details only to fulfil the Order and meet legal obligations, and must comply with the Data Protection Act, 2019. They may not market to buyers using details received through Urban Market.

17. Advertising and sponsored placements

17.1 Labelled as advertising

Businesses can pay for hero banners, featured shop slots, offer tiles and sponsored listings. Every paid placement is labelled as an advertisement where it appears. Payment for a placement never affects a product’s price, or the order of results where a shopper has filtered or searched.

17.2 Advertiser responsibilities

• Advertisements must be truthful. Any price, discount or saving they state must match the live price on the Platform.
• Advertisements must not make claims the advertiser cannot substantiate, or create false urgency.
• Restricted products may be advertised only in line with the law, and never in a way that appeals to people under 18.

17.3 Our rights

We may refuse, pause or remove any advertisement that breaks these Terms or the law. Placements are sold at the rates and on the terms of each advertising order. We do not guarantee sales or a particular result from an advertisement.

18. Sharing products

The Platform lets you share products by WhatsApp, text message, email or a copied link. Sharing opens your own app with a message you can edit before sending; nothing is sent without you. You are responsible for whom you send messages to. Please do not share links to Restricted products with anyone under 18.

19. Reviews and your content

The Platform does not currently publish ratings or reviews. If we introduce them, reviews must be genuine, based on your own purchase, and must not be paid for, and we will publish our moderation rules first. Anything you submit to us (for example, a photograph of a damaged item) you give us permission to use for the purpose you submitted it.

20. Acceptable use

You must not:

• use the Platform for anything unlawful, fraudulent or harmful;
• give false details, impersonate someone, or place orders you do not intend to pay for or receive;
• abuse, threaten or harass riders, Sellers, our staff or other users;
• try to obtain a Restricted product for someone who is not entitled to it;
• interfere with the Platform’s security, probe it for vulnerabilities without permission, or access data you are not entitled to — conduct that may also be an offence under the Computer Misuse and Cybercrimes Act, 2018;
• scrape, copy or harvest data from the Platform by automated means, except as allowed by a published API;
• misuse promotions, refunds or buyer protection, for example by falsely reporting an Order as not received.

If you do, we may cancel orders, suspend or close your account, and where appropriate report the matter to the authorities.

21. Intellectual property

The Urban Market name, logo, design, software and content created by us belong to Urban Market or its licensors. Product names, photographs and descriptions belong to the Sellers or their brand owners. The TumaBoda name and marks belong to Tuma Boda Limited. You may use the Platform for your own personal shopping; you may not copy, reproduce or exploit it commercially without our written permission.

22. Third-party services

The Platform relies on third parties, including licensed payment service providers, TumaBoda for delivery, SMS and messaging services, and mapping services. Their services are also subject to their own terms. Links to third-party websites or apps are provided for convenience; we are not responsible for their content.

23. Our responsibility to you

23.1 What we are responsible for

We are responsible for operating the Platform with reasonable care and skill, for arranging delivery, for handling your payment as described in these Terms, and for the remedies we have promised in section 13.

23.2 What Sellers are responsible for

Each Seller is responsible for its products, their quality and safety, and their description. Your remedies for a faulty or misdescribed product are against the Seller, but you may bring them to us and we will handle them with the Seller on your behalf.

23.3 Limits

To the extent the law allows, we are not responsible for loss that was not reasonably foreseeable, for business losses where you use the Platform as a business, or for delays caused by events beyond our reasonable control (see section 25).

23.4 What we never limit

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded or limited under the laws of Kenya, including your rights under the Consumer Protection Act, 2012.

24. Complaints and disputes

24.1 Tell us

Most problems are fixed fastest through your order page or by contacting us (section 28). We will acknowledge a complaint promptly and aim to resolve it as quickly as we can, keeping you informed if it takes longer.

24.2 Escalation

If you are not satisfied with our response, you may ask for your complaint to be reviewed by a senior member of the team.

24.3 Mediation

If we still cannot agree, either of us may propose mediation by an independent mediator in Nairobi. Mediation is voluntary, and does not stop you going to court.

24.4 Your right to go to court and to regulators

Nothing in these Terms prevents you from bringing a claim in the courts of Kenya, including the Small Claims Court, from joining a representative action where the law allows it, or from complaining to the Competition Authority of Kenya about a consumer protection matter, or to the Office of the Data Protection Commissioner about your personal data.

24.5 Business users

For disputes with Sellers and advertisers, the dispute-resolution terms of the Seller Agreement or advertising order apply.

25. Events beyond our control

We are not responsible for delays or failures caused by events beyond our reasonable control, such as severe weather, flooding, civil unrest, government action, a failure of mobile, payment or power networks, or a public-health emergency. If an event like this affects your Order, we will tell you, and you may cancel for a full refund of anything not yet delivered.

26. Changes to the Platform and to these Terms

26.1 The Platform

We may change, suspend or withdraw features of the Platform. We will not do so in a way that affects an Order you have already paid for.

26.2 These Terms

We may update these Terms when our services or the law change. The version number and date at the top will change with them. We will tell you of material changes in advance by SMS, email or a notice on the Platform. The Terms in force when you placed an Order apply to that Order.

27. General

27.1 Governing law

These Terms are governed by the laws of the Republic of Kenya, and the courts of Kenya have jurisdiction.

27.2 Severability

If a court finds part of these Terms invalid, the rest remains in force.

27.3 No waiver

If we do not enforce a right immediately, we can still enforce it later.

27.4 Transfer

We may transfer our rights and obligations under these Terms to another organisation, for example if the business is sold, and will tell you if we do. Your rights under these Terms will not be reduced. You may not transfer your rights without our consent.

27.5 Entire agreement

These Terms, the Privacy Policy and the other terms listed in section 1.3 are the whole agreement between you and us about the Platform.

27.6 Survival

Sections that by their nature should continue after an account is closed — including those on refunds, liability, intellectual property and disputes — continue to apply.

27.7 Language

These Terms are written in English. If we publish a translation and the two differ, the English version applies.

28. Contact us

By using Urban Market, you confirm that you have read and agree to these Terms & Conditions and our Privacy Policy.