Terms and Conditions

Company information

• Name: EXPERT TIRE MERCHANTS LIMITED; AND SICE AUTO MERCHANTS LIMITED
• Registration Number: PVT-J61529KP & PVT-RQ13323W, respectively

Hereinafter jointly referred to as “the Companies”.

Eligibility and capacity

By using this website, you confirm that:

• You are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under Kenyan law.
• The information you provide is accurate and current.
• You will use the website only for lawful purposes.
• Any funds utilized in the purchase of products from this website are not proceeds of crime, corruption or illegal activities.

Products

We sell automotive products and endeavour to grow our product listings a step at a time to meet customer demands and consumer needs.

All specifications, descriptions, images, sizes, and prices are provided in good faith. Images are for promotional illustration purposes only and may differ from the actual product.

The purchaser acknowledges and agrees that any description given or applied to the products and/or services provided in this website are solely for the purposes of reference and does not constitute or afford the basis for any express or implied undertaking that the products and/or services correspond with or conform to such reference.

Product availability is subject to stock.

A promotional deal, discount, or product sale is only valid if the item is still physically in stock and ready to be sold.

Part Compatibility

It is the customer's responsibility to ensure that the automotive parts purchased are suitable for their vehicle.

Customers shall at all times verify the following information before making a tyre purchase:

• Tire size
• Load Index
• Speed Rating
• Rim size
• Vehicle manufacturer's recommendations

If you are unsure, please consult a qualified technician before placing your order.

The Companies shall not be liable for any losses resulting from the purchase of incompatible automotive parts where the customer selected the specifications.

Pricing

All prices are quoted in Kenya Shillings (KES) unless otherwise stated.

All prices shown in the Companies’ current price lists (which the Companies may modify at any time either by giving the purchaser a written notice or by publication of new prices on the Website or in any other manner the Companies deem appropriate) or in any quotation or similar document are subject to change without notice.

Prices are exclusive of VAT unless expressly stated otherwise.

Prices may change without prior notice.

If payment is not made when due, the Companies shall, at their sole discretion be entitled:

• to charge interest on the outstanding amount from the due date for payment until the date of payment in full at a rate of 2% per month, such interest to accrue from day to day and be computed on the basis of a 365-day year and compounded monthly; and/or
• to require that the purchaser make a payment in advance of any delivery not yet made; and/or
• not to make any delivery.

If a pricing error occurs, we reserve the right to:

• cancel the order;
• refund any payment received; or
• offer the customer the opportunity to purchase at the correct price.

Quotation and Orders

Unless otherwise expressly stated on the quotation, a quotation shall only be valid until close of business on the day of issue.

An order constitutes an offer to purchase products.

The Companies, at all times, reserve the right to accept or decline any order.

Orders are confirmed only after payment has been successfully received (unless payment on delivery is available) and an order confirmation has been sent.

We reserve the right to cancel orders involving the following:

• pricing errors;
• fraudulent activity;
• unavailable products;
• inaccurate customer information; or
• suspected reselling contrary to our policies.

Payment

We may accept the following payment methods:

• M-Pesa;
• Debit Cards;
• Credit Cards;
• Bank Transfer;
• Cash on collection (where available); or
• Other payment methods listed during checkout

Orders remain unpaid until payment has been successfully confirmed.

The Companies are not responsible for delays or failures caused by third-party payment service providers.

Delivery

We deliver within Kenya and may offer international shipping where specified.

Estimated delivery times are indicative only and are not binding on the Companies.

Delivery delays may occur due to:

• weather;
• traffic conditions;
• courier delays;
• public holidays;
• supplier delays;
• strikes and industrial actions;
• any other circumstances beyond our control.

Delivery charges will be shown before checkout.

Customers must provide accurate delivery information. The Companies shall not be responsible for failed deliveries where inaccurate information had been provided and the purchaser shall at all times bear any additional costs incurred for purposes of delivery.

Ownership of the goods transfers to the customer upon full payment, while the risk of loss or damage passes upon delivery to the customer or their authorized representative where the delivery is undertaken by the Companies’ authorised dealers, while the risk shall pass on handover of the goods upon the purchaser’s preferred courier.

Whilst the Companies shall use all reasonable endeavours to adhere to any agreed delivery date, the time of delivery of the products or performance of the services shall not be of the essence. The Companies shall not be liable to the purchaser for any loss, claim, damages, costs, charges, expenses or any other consequence suffered by any delay in the delivery of the Goods or performance of the Services.

No undertaking is given by the Companies as to the quality or fitness for any purpose of the Goods.

Inspection Upon Delivery

Customers should inspect products immediately upon delivery.

Any shortages, incorrect items, or visible damage should be reported within twenty-four (24) hours of receipt.

Failure to notify us within this period shall automatically limit your ability to make a claim and the Companies shall at all times reserve the right to reject any claim brought after the provided period.

Installation

The Companies strongly recommend installation at their service centre(s). However, should a purchaser intend to have the tyres installed elsewhere, the Company highly recommends that the same be carried out by qualified tire professionals.

The Companies shall not be responsible for:

• incorrect installation;
• damage to tyres occasioned by incorrect installation methods;
• wheel balancing issues;
• poor alignment;
• improper inflation;
• vehicle damage caused after installation; and
• accidents resulting from improper installation.

Returns

Subject to the Consumer Protection Act, 2012, customers may return eligible products that:

• have not been mounted;
• have not been driven on;
• remain unused;
• remain in original packaging; and
• include original labels.

Return requests should be made within three (3) days of delivery unless otherwise required by law.

Refunds will be processed after inspection and approval.

Return transport costs shall be deducted unless the return results from our error or a defective product.

Non-Returnable Products

Returns shall not be accepted for:

• Installed products
• mounted tyres;
• used tyres;
• products damaged after delivery;
• specially imported items;
• custom orders; or
• clearance items marked as non-returnable.

Warranty

The Companies make no representation or warranty whatsoever with respect to the products and/or services and all terms, warranties and conditions, whether express or implied, by operation of law or otherwise, are hereby excluded to the fullest extent permitted by law.

Where applicable, products are covered by the manufacturer's warranty.

Where the products have not been manufactured by the Companies or where the Companies are reselling products purchased from a third party, a purchaser may be entitled to enforce any warranties given by the third party to the extent permitted by law and subject to compliance by the purchaser with any terms and conditions of the third party in connection therewith.

The Companies may assist purchasers with making warranty claims where possible and this may be subject to inspection by the manufacturer or its authorized representative.

The Companies shall not assist or make any warranty claims to third parties on products with the following issues:

• road hazards;
• punctures;
• cuts;
• impact damage;
• overloading;
• racing;
• misuse;
• improper inflation;
• wheel alignment issues;
• normal wear and tear;
• incorrect installation; or
• bulges on tyres.

Website Use

Users agree not to:

• upload malicious software;
• interfere with website operations;
• gain unauthorized access;
• misuse customer accounts;
• use automated systems to scrape data without permission;
• violate applicable Kenyan laws.

The Companies may suspend or terminate access where these Terms are breached.

Intellectual Property

All website content, including logos, trademarks, photographs, graphics, videos, product descriptions, software, databases, and designs, is owned by or licensed to the Companies and shall not be copied, reproduced, distributed, or used commercially without our written permission.

Privacy and Confidentiality

Personal information is collected and processed in accordance with our Privacy Policy and the Data Protection Act, 2019.

We process personal data only for legitimate business purposes, including order processing, payment verification, customer support, delivery, fraud prevention and legal compliance.

By using this website, you consent to the use of your personal data for purposes of completing transactions and compliance with legal frameworks in the country.

A purchaser shall keep confidential and shall not disclose to any third party without the Companies’ prior written consent any information acquired from the Companies in connection with a transaction including without limitation any information concerning the price.

Co-operation

To enable the Companies to perform their obligations or enforce their rights under this engagement, a purchaser shall:

• co-operate in all respects with the Companies; and
• provide the Companies with any information reasonably required by the Companies immediately on request for such information being made.

Limitation of Liability and indemnification

To the fullest extent permitted by Kenyan law, the Companies shall not be liable for indirect, incidental, special, or consequential losses, including loss of profits, business interruption, or loss of use of the products sold by the Companies.

Our total liability arising from any claim relating to a product shall not exceed the amount paid for that product, except where liability cannot lawfully be excluded.

The Purchaser hereby renounces and waives all claims or causes of action against the Companies, including claims made against the purchaser by third parties, and the purchaser shall hold harmless and indemnify the Companies from and against any claim, action, demand, cost, expense or other liability suffered by the Companies, whether directly or indirectly from the supply of products and/or services to the purchaser.

Force Majeure

The Companies shall not be liable for delays or failures caused by events beyond its reasonable control, including acts of God, floods, fires, pandemics, strikes, government actions, power outages, transport disruptions, cyber-attacks, or supplier failures.

Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya.

Where a party is aggrieved, they may give notice to the other party in the following ways:

• In the case of the Companies, through the last known email as provided by the purchaser or through the last known telephone number provided by the purchaser or the last known address of delivery as provided by the purchaser.
• In the case of an aggrieved purchaser, through the Companies’ official email address as provided in the website or by hand delivery or delivery by a registered courier service to the Companies’ registered address as provided in the website.

The parties shall first seek to resolve any dispute through good-faith negotiations.

If a dispute cannot be resolved amicably, it shall be referred to arbitration through an arbitrator appointed jointly by the parties to the dispute and which arbitrator shall have knowledge and expertise in the field of automotive products.

The seat of Arbitration shall be Nanyuki and the language shall be English.

Changes to these Terms

The Companies reserve the right to amend these Terms and Conditions from time to time without notice and at its absolute discretion.

The revised version shall be published on this website.

Continued use of the website after publication constitutes acceptance of the revised Terms.

Entire Agreement

These Terms and Conditions, together with any other policies published on our website, constitute the entire agreement between you and the Companies regarding your use of the website and the purchase of automotive products from the Companies.