Legal Agreement
These Terms constitute a binding legal contract. By using Roots Africa, you agree to these terms in their entirety. Please read them carefully before using our platform.
Terms and Conditions
Welcome to Roots Africa — Kenya's premier online marketplace connecting buyers with authentic African artisans and sellers. These Terms and Conditions ("Terms") govern your access to and use of our platform at rootsafricashop.com and all associated services. Please read them carefully before using our Platform.
1. Acceptance & Eligibility
Agreement Formation
These Terms constitute a legally binding agreement between you and Roots Africa Limited, a company incorporated under the laws of Kenya. By accessing, browsing, registering, or using our website at rootsafricashop.com and related mobile applications (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Eligibility Requirements
- Age Requirement: You must be at least 18 years old to use our Platform
- Legal Capacity: You must have the legal capacity to enter into binding contracts under Kenyan law
- Geographic Scope: Our services are primarily intended for users in Kenya and East Africa
- Business Registration: Sellers must provide valid identity and business documentation where required
- Prohibited Users: Persons previously banned from our Platform or convicted of fraud-related offences may not use our services
2. Platform Overview
Marketplace Model
Roots Africa operates as an intermediary marketplace connecting independent sellers with buyers. We facilitate transactions but are generally not party to the sales contracts between users. Each seller is an independent business responsible for their own products and obligations.
Our Services
- • Product listing and discovery tools
- • Secure payment processing
- • Order management and tracking
- • Customer support and dispute mediation
- • Seller analytics and reporting
- • Logistics coordination services
Important: Unless explicitly stated otherwise, Roots Africa does not own, manufacture, or warehouse the products sold on our Platform. We serve as a technology platform enabling commerce between independent buyers and sellers.
3. User Accounts
Account Registration
To access certain features of the Platform, you must create an account by providing accurate, complete, and current information. You may register as a Buyer (Customer) or Seller (Artisan/Merchant).
Buyer Accounts
- • Browse and purchase products
- • Leave reviews and ratings
- • Manage orders, returns, and wishlist
- • Access customer support services
- • Message sellers directly
Seller Accounts
- • List and sell products
- • Manage inventory and orders
- • Access sales analytics and reporting
- • Receive payments and payouts
- • Run promoted listings and ads
Account Security & Responsibilities
- You are solely responsible for maintaining the confidentiality of your account credentials
- You must immediately notify us of any unauthorized access or suspected security breach at support@rootsafricashop.com
- You are liable for all activities conducted under your account
- Account sharing or transfer to third parties is strictly prohibited without our written consent
- We may suspend or terminate accounts that violate these Terms
4. Seller Requirements
KYC (Know Your Customer) Verification
All sellers must complete our verification process before listing products:
- • Valid Kenyan National ID or Passport
- • KRA PIN Certificate
- • Business Registration Certificate (where applicable)
- • Bank account or mobile money details for payouts
- • Verified phone number and email address
Seller Obligations
- Product Accuracy: Provide truthful, accurate product descriptions, images, and pricing
- Inventory Management: Maintain accurate stock levels and update availability promptly
- Order Fulfillment: Confirm and process orders within 24 hours of placement
- Customer Service: Respond to customer inquiries within 2 business hours
- Legal Compliance: Adhere to all applicable Kenyan laws and platform policies
- Quality Standards: Ensure all products meet our quality and authenticity guidelines
- Tax Obligations: All sellers are responsible for their own tax reporting and compliance
5. Product Listings
Sellers are fully responsible for ensuring their product listings comply with our guidelines and all applicable laws. Roots Africa reserves the right to remove or modify listings at its sole discretion.
- All product images must be original or properly licensed
- Descriptions must be honest, accurate, and not misleading
- Pricing must be displayed in Kenyan Shillings (KES) and inclusive of applicable taxes
- Products must be legally allowed for sale in Kenya
- Counterfeit, stolen, or unlicensed goods are strictly prohibited
6. Orders & Payments
Accepted Payment Methods
- • M-Pesa and other mobile money services
- • Visa / Mastercard debit and credit cards
- • Bank transfers (selected partner banks)
- • Cash on Delivery (select areas, where available)
Payment Security
- • PCI DSS compliant payment processing
- • End-to-end encryption for all transactions
- • Automated fraud detection and prevention
- • Secure payment tokenization
- • Two-factor authentication for large transactions
Order Processing
- Placing an order creates a binding purchase contract between Buyer and Seller
- Payment is processed securely and held until the order is confirmed
- Seller has up to 24 hours to confirm and begin processing the order
- Funds are released to Seller upon delivery confirmation or within 7 days of shipment
- Disputed orders are held pending resolution through our dispute mediation process
7. Shipping & Delivery
- • Each seller configures their own shipping options and pricing
- • Delivery timelines are estimates and may be affected by external factors
- • Roots Africa is not responsible for delays caused by third-party couriers
- • Buyers are responsible for ensuring accurate delivery address information
- • Risk of loss passes to the Buyer upon delivery confirmation
8. Returns & Refunds
Return Policy
- • Buyers may request a return within 7 days of confirmed delivery
- • Items must be returned in their original, unused condition
- • Perishable, customized, or digital goods are generally non-returnable
- • Return shipping costs are the responsibility of the Buyer unless the issue is Seller error
- • Refunds are processed within 7–14 business days of return confirmation
9. Fees & Commissions
Current Fee Structure (Effective March 2026)
Seller Fees
- • Platform Commission: 5% of sale price
- • Payment Processing: As applicable per transaction
- • Listing Fee: Free (up to 100 active products)
- • Promoted Listings: Optional — as priced on the platform
Buyer Fees
- • Platform Fee: None
- • Payment Processing: Included in displayed price
- • Shipping: As displayed at checkout
- • Returns: Buyer responsible for return shipping costs
Note: Fees are subject to change with 30 days' advance notice. All fees are exclusive of applicable taxes including VAT where required by Kenyan law.
10. Prohibited Activities
Zero Tolerance Policy
The following activities will result in immediate account suspension and may lead to legal action:
Prohibited Products
- Illegal drugs and controlled substances
- Weapons, explosives, or dangerous items
- Counterfeit or trademark-infringing goods
- Adult content or services of any kind
- Live animals and protected/endangered species
- Hazardous or regulated materials
- Stolen goods or unlicensed digital content
Prohibited Conduct
- Fraudulent transactions or identity fraud
- Manipulation of prices or fake reviews
- Harassment or abusive behaviour toward users
- Circumventing payments outside the platform
- Automated data scraping or unauthorized access
- Spamming or unsolicited bulk communication
- Violation of intellectual property rights
11. Intellectual Property
The Roots Africa name, logo, brand identity, platform design, and all related content are the intellectual property of Roots Africa Limited and are protected under Kenyan and international copyright law.
Sellers retain ownership of their product listings and content, but grant Roots Africa a non-exclusive, royalty-free licence to use, display, and promote such content on the Platform and in marketing materials.
You may not copy, reproduce, distribute, or create derivative works of any Platform content without our prior written consent.
12. Privacy & Data
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and protect your personal information in compliance with Kenya's Data Protection Act, 2019. By using the Platform, you consent to our data practices as described therein.
13. Dispute Resolution
Internal Resolution Process
- Direct Communication: Buyers and Sellers should first attempt resolution through our in-platform messaging
- Platform Mediation: If direct resolution fails, either party may escalate to Roots Africa within 14 days
- Investigation: We will investigate reported disputes within 5–7 business days
- Decision: Our decision on disputes under KES 50,000 is final and binding on both parties
Alternative Dispute Resolution
For disputes exceeding KES 50,000, parties may elect alternative dispute resolution through the Nairobi Centre for International Arbitration (NCIA) under the Kenyan Arbitration Act, Cap 49. Contact us at support@rootsafricashop.com to initiate this process.
14. Limitation of Liability
IMPORTANT LEGAL NOTICE — PLEASE READ CAREFULLY
Platform Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY KENYAN LAW: Roots Africa's total aggregate liability to you for any claims arising from your use of the Platform, whether in contract, tort, or otherwise, shall not exceed the lesser of: (a) KES 100,000, or (b) the total fees paid by you to Roots Africa in the 12 months immediately preceding the claim.
Excluded Damages
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Platform.
Third-Party Actions
Roots Africa is not responsible for the actions, content, information, or data of third parties (including other users), and you release us from any claims and damages arising from or related to such third parties.
15. Indemnification
You agree to indemnify, defend, and hold harmless Roots Africa Limited, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including legal fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit, post, or transmit on the Platform.
16. Termination
Roots Africa reserves the right to suspend or permanently terminate your account and access to the Platform at any time, with or without notice, for any violation of these Terms or for conduct we determine, in our sole discretion, to be harmful to our users, third parties, or our business.
You may terminate your account at any time by contacting us at support@rootsafricashop.com. Termination does not relieve you of obligations incurred prior to termination, including payment obligations.
17. Governing Law & Jurisdiction
Applicable Law
These Terms and your use of the Platform are governed exclusively by the laws of the Republic of Kenya, including:
- • Consumer Protection Act, 2012
- • Data Protection Act, 2019
- • Competition Act, 2010
- • Electronic Transactions Act
- • Business Laws (Miscellaneous Amendments) Act
Jurisdiction
Any legal action or proceeding arising under or related to these Terms will be brought exclusively in the High Court of Kenya, Nairobi Division. Both parties hereby consent irrevocably to the personal jurisdiction and venue of such courts for this purpose.
18. Changes to Terms
Modification Process
We reserve the right to modify these Terms at any time. We will notify you of material changes through:
- • Email notification to your registered email address
- • A prominent notice displayed on the Platform
- • In-app notifications for mobile users
- • At least 30 days' advance notice for material changes
Your continued use of the Platform after such modifications constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
Contact Information
Roots Africa Limited
Legal & General Inquiries
Email: support@rootsafricashop.com
Phone: +254 796 632 579
Business Hours: Monday – Friday, 8:00 AM – 6:00 PM EAT
These Terms and Conditions were last updated on March 22, 2026 — Version 3.1. Effective immediately for all new users and existing users upon continued use of the Platform.