Draft. This document is being finalised and is not yet in force.
Vazi — Terms of Service (Buyers)
Version: 0.1 (baseline draft) · Effective date: [PLACEHOLDER: effective date]
These Terms of Service ("Terms") are an agreement between you and [PLACEHOLDER: registered legal name of the operating company], a company registered in Kenya under registration number [PLACEHOLDER: company registration number], with its registered office at [PLACEHOLDER: registered office address], trading as "Vazi" ("Vazi", "we", "us"). They govern your use of the Vazi mobile application, the Vazi website, and the marketplace services we provide (together, the "Platform").
By creating an account or placing an order, you accept these Terms. If you do not agree, please do not use the Platform.
1. Who can use Vazi
1.1. You must be at least 18 years old to create an account or place an order. By signing up you confirm that you are 18 or older.
1.2. The Platform currently serves buyers in Kenya only. Deliveries are made to Kenyan addresses and pickup points only.
1.3. You must provide a working Kenyan mobile phone number capable of receiving SMS and, for prepaid orders, registered for M-Pesa.
2. Your account
2.1. Sign-in by phone. Accounts are created and accessed with your phone number and a one-time passcode ("OTP") sent by SMS (or to a verified email address, if you add one). There is no password.
2.2. Keep your phone secure. Anyone with access to your phone or SIM can receive your OTP. You are responsible for activity on your account unless it results from our fault. Tell us immediately at officialvazike@gmail.com if you believe someone else has accessed your account.
2.3. Accurate details. You agree to keep your name, phone number, and delivery details accurate and current. Changing the phone number on your account requires re-verification and may temporarily restrict payment-related actions for security.
2.4. One person may hold one account. We may suspend accounts created to evade limits, suspensions, or these Terms.
3. What Vazi is (and is not)
3.1. Vazi is a marketplace. Items listed on the Platform are sold by third-party sellers: independent second-hand vendors ("Vendors") and verified first-hand brands and retailers ("Official Stores"). Except where an item is expressly listed as sold by Vazi, the seller of an item is the Vendor or Official Store, not Vazi. Vazi provides the Platform, the quality-check service, payment handling through licensed providers, and delivery coordination.
3.2. Second-hand items are presented by Vazi, without seller identity. To keep the experience consistent and safe, second-hand items are shown as Vazi catalogue items and the identity of the Vendor is not disclosed to you. There is no way to contact a Vendor directly; our support team handles all order issues.
3.3. Quality check before dispatch. Every second-hand item you buy passes through the Vazi hub, where our staff physically verify it against its listing (measurements, condition, declared defects and alterations, material, photos) before it is packed and dispatched. If an item fails this check, it is not sent to you and you are refunded for that item.
3.4. Brand labels on second-hand items. A second-hand listing may state the label shown on the garment (for example "labelled Nike"). This describes the label only. Vazi makes no claim that any second-hand item is a genuine branded product. Official Stores separately warrant the authenticity of what they sell.
3.5. Fit information is a guide. Fit indicators (such as "fitting", "loose", "baggy") are calculated from the garment's measurements and the body profile you choose to save. They are informational and depend on the accuracy of your body profile.
4. Listings, prices, and fees
4.1. All prices are in Kenyan Shillings (KES), in whole shillings.
4.2. Before you pay, checkout shows an itemised total: item price(s), any service fee, and the delivery or pickup fee. Fees and delivery charges vary by category, delivery zone, and fulfilment choice, and are as shown in the app at the time of purchase.
4.3. A listing being visible does not guarantee availability. When you check out, the item is briefly reserved for you while payment completes; if payment fails or times out, the reservation is released and the item may be bought by someone else.
5. Payment and secure hold
5.1. M-Pesa prepayment. Prepaid orders are paid by M-Pesa through our licensed payment service provider (currently IntaSend Limited). Vazi does not store your M-Pesa PIN and never asks for it outside the official M-Pesa prompt on your phone.
5.2. Secure hold — your money is protected. When you prepay, your payment is held and is not released to the seller until you confirm receipt of your order, or until the confirmation window shown in the app ends after delivery or collection, whichever comes first. If you open a claim before the window ends, release is paused until the claim is resolved.
5.3. Confirmation window. After your order is delivered (or you collect it from a pickup point), a confirmation window starts. Its length and countdown are shown in the app; the countdown shown in the app is authoritative. If you do nothing before it ends, the order is treated as accepted and payment is released to the seller.
5.4. Cash on delivery ("COD"). COD is available only in delivery zones where we offer it, and may be subject to per-order value caps and per-buyer eligibility (for example limits for first orders, or suspension of COD after repeated refused deliveries), all as shown in the app. With COD you pay the courier in cash on receipt. You may inspect the item at the door against its listing before paying; if you refuse it, the courier records the reason and the item is returned to us.
5.5. Pay on collection. At participating pickup points you may pay at the moment of collection, normally by M-Pesa prompted at handover. Cash is accepted only at points contracted for cash handling.
5.6. Receipts. We issue a receipt for every order, available in the app.
6. Delivery and pickup
6.1. At checkout you choose door delivery or collection from a pickup point. Fees and estimated delivery times are per zone and are shown before you pay. Delivery estimates are given in good faith but are not guaranteed dates.
6.2. Pickup collection. When your order is ready, you receive a one-time collection code. You (or someone you send) must present the code, matched against the order's phone number, to collect. Code-verified collection counts as delivery.
6.3. Uncollected orders. Pickup orders are held for the window shown in the app, with reminders. If you do not collect in time, the order returns to our hub; prepaid orders are refunded minus delivery and handling fees, and repeated no-shows may affect your COD and pay-on-collection eligibility.
7. The fit guarantee and claims
7.1. What we guarantee. Every second-hand item is verified at our hub against its listing before dispatch. If what you receive materially differs from its listing — measurements outside the published tolerance, a condition grade that is wrong, defects or alterations that were not declared, the wrong item, a materially different material, or damage in transit (together, "Misdescription") — you are entitled to a remedy under clause 7.3.
7.2. How to claim. Refuse the item at the door (COD), or file a claim in the app within the claim window shown in the app after delivery or collection, with photos and a short description. The in-app countdown is authoritative. Our support team reviews your claim against the measurements and condition recorded at the hub check, which serve as the reference evidence.
7.3. Remedies. Upheld claims result in a full refund (with the item returned to us by courier at our cost) or, where you choose to keep the item, a partial refund we agree with you. Refunds are made per clause 8.
7.4. What is not covered. Change of mind, wrong size caused by an inaccurate body profile where the item matches its listed measurements, and ordinary characteristics of second-hand goods that were declared on the listing are not Misdescription. Second-hand purchases have no change-of-mind returns. Official Stores may offer broader return policies, shown on their listings; where they do, that policy applies to their items in addition to your rights under this clause. Nothing in this clause reduces your statutory rights under Kenyan consumer protection law.
8. Refunds
8.1. Refunds are made via the original payment method: M-Pesa refunds go back to the M-Pesa number that paid. COD-related refunds (for example an upheld claim on a COD order) are paid by M-Pesa to your verified account phone number.
8.2. We initiate approved refunds within [PLACEHOLDER: refund initiation commitment, e.g. "2 business days"] of approval. Once initiated, M-Pesa delivery is normally same-day, but mobile-network processing times are outside our control.
8.3. If an item fails our hub quality check, we refund that item automatically — you do not need to do anything.
9. Reviews and content you post
9.1. You may rate and review items you have actually received. Reviews must be honest, must relate to your own purchase, and must not contain unlawful content, personal data of others, or abuse. We may remove content that breaks these rules.
9.2. You grant Vazi a non-exclusive, royalty-free licence to display and reproduce the reviews, ratings, and photos you submit on the Platform, for operating and promoting the Platform.
10. Prohibited conduct
You must not:
- (a) use the Platform for any unlawful purpose, or resell access to it;
- (b) file false or exaggerated claims, or abuse the claims or refund process;
- (c) systematically refuse COD deliveries or fail to collect orders in bad faith;
- (d) attempt to identify, locate, or contact second-hand Vendors, or arrange any transaction outside the Platform with a seller you discovered through the Platform;
- (e) interfere with the Platform's operation, probe or breach its security, scrape data, or access it by automated means without our written consent;
- (f) impersonate any person, or use another person's phone number, M-Pesa account, or identity;
- (g) post content that is unlawful, infringing, or abusive.
We may warn you, limit features (including COD), suspend, or close your account for breach of this clause, with effect proportionate to the breach. Where lawful and safe to do so, we will tell you the reason.
11. Our liability
11.1. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Kenyan law, including under the Consumer Protection Act, 2012 — such as liability for death or personal injury caused by negligence, or for fraud.
11.2. Subject to clause 11.1, Vazi's total liability to you arising out of or in connection with an order is limited to the total amount you paid for that order (item prices plus fees and delivery). Our total liability for anything else arising out of your use of the Platform in any 12-month period is limited to the total fees you paid to Vazi in that period.
11.3. Subject to clause 11.1, we are not liable for loss of profit, loss of opportunity, or indirect or consequential loss; nor for failures caused by events outside our reasonable control (including mobile-network, M-Pesa, or courier outages, and acts of government), nor for the acts of sellers except as expressly stated in these Terms (in particular the quality check and secure hold commitments in clauses 3.3, 5.2, and 7).
11.4. The Platform is provided "as available". We work to keep it running but do not guarantee uninterrupted availability.
12. Suspension and closing your account
12.1. You may stop using the Platform at any time and may request deletion of your account (see the Privacy Policy for what we keep, and why).
12.2. We may suspend or close your account for material or repeated breach of these Terms, suspected fraud, or where the law requires. Orders already paid for will be completed or refunded.
13. Changes to these Terms
We may update these Terms from time to time. For material changes we will give you notice in the app at least [PLACEHOLDER: notice period, e.g. "14 days"] before they take effect. Continuing to use the Platform after the effective date means you accept the updated Terms. The version and effective date always appear at the top of this document.
14. Governing law and disputes
14.1. These Terms are governed by the laws of Kenya.
14.2. Talk to us first. Most issues are resolved fastest by our support team via the app, WhatsApp, or officialvazike@gmail.com. We aim to respond within [PLACEHOLDER: support response commitment].
14.3. If we cannot resolve a dispute between us amicably within 30 days, either party may refer it to [PLACEHOLDER: dispute resolution route — e.g. mediation/arbitration in Nairobi under named rules, or the competent courts of Kenya; lawyer to advise, noting small-claims and consumer-forum options]. Nothing in this clause prevents you from lodging a complaint with a regulator, including the Competition Authority of Kenya or the Office of the Data Protection Commissioner.
15. General
15.1. If part of these Terms is found invalid, the rest still applies.
15.2. These Terms, the Privacy Policy, and the Returns & Refunds Policy form the whole agreement between you and Vazi for use of the Platform. If this document conflicts with the Returns & Refunds Policy, this document prevails.
15.3. We may transfer our rights and obligations under these Terms as part of a business transfer; your rights will not be reduced by the transfer. You may not transfer your account.
Questions? Contact us at officialvazike@gmail.com or via WhatsApp at +254 111 269 826.