Terms & Conditions

Last Updated: [Aug 19th 2024]

Welcome to Distress Sales Kenya. By using our website and services, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree with any part of these terms and conditions, you must not use our website or services.

1. Acceptance of Terms

By accessing or using Distress Sales Kenya, you agree to be legally bound by these terms and conditions, as well as our Privacy Policy and Refund and Returns Policy. These terms apply to all users of the site, including sellers, buyers, and visitors.

2. Use of Our Website

2.1 Eligibility You must be at least 18 years old to use our website and services. By using our site, you represent and warrant that you meet this age requirement.

2.2 User Account To access certain features of our site, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

2.3 Prohibited Activities You agree not to:

• Use our site for any unlawful purpose.
• Post false, misleading, or fraudulent information.
• Interfere with the proper functioning of our site.
• Transmit any viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to our systems or user accounts.

3. Vendor and Buyer Responsibilities

3.1 Vendor Responsibilities

• Accurate Listings: Vendors must provide accurate and complete information about their items. Misrepresentation or fraudulent listings are strictly prohibited.
• Compliance: Vendors must ensure that their listings comply with all applicable laws and regulations.
• Communication: Vendors are required to respond to buyer inquiries promptly and facilitate inspections where necessary.
• Transaction Finality: Once a sale is made, it is considered final and binding. Vendors must fulfill their obligations in terms of delivery or transfer of the sold item.

3.2 Buyer Responsibilities

• Due Diligence: Buyers are responsible for performing due diligence before making a purchase. This includes thoroughly reviewing item descriptions, inspecting items, and asking the vendor any relevant questions.
• Transaction Finality: Once a buyer agrees to purchase an item and the transaction is completed, the sale is final and binding.

Due Diligence for Vehicle Purchases

When purchasing a vehicle through Distress Sales Kenya, buyers are advised to conduct the following due diligence:

1. Verify Ownership:

• Confirm the seller’s ownership by requesting the original logbook (registration document) and checking the details against the seller’s identification.
• Ensure that the vehicle identification number (VIN) on the logbook matches the VIN on the vehicle.

2. Check for Outstanding Loans:

• Verify with the National Transport and Safety Authority (NTSA) or through a reputable vehicle search service that there are no outstanding loans or encumbrances on the vehicle.

3. Inspect the Vehicle:

• Conduct a thorough physical inspection of the vehicle. Look for signs of damage, wear and tear, and ensure all features are functional.
• Consider hiring a professional mechanic to inspect the vehicle’s mechanical condition.

4. Service History:

• Request the vehicle’s service history to ensure it has been properly maintained.

5. Police Clearance:

• Obtain a police clearance certificate to ensure the vehicle is not reported stolen.

6. Transfer of Ownership:

• Ensure the transfer of ownership is properly conducted through the NTSA. Both the buyer and seller need to fill out the transfer forms and submit them along with the required documentation.

Due Diligence for Land Purchases

When purchasing land through Distress Sales Kenya, buyers are advised to conduct the following due diligence:

1. Verify Ownership:

• Confirm the seller’s ownership by requesting the original title deed and checking the details against the seller’s identification.
• Conduct a search at the Ministry of Lands to verify the authenticity of the title deed and ensure the land is free from any encumbrances.

2. Land Use and Zoning:

• Verify the land use and zoning regulations to ensure the land can be used for your intended purpose. This information can be obtained from the local county government or the National Land Commission.

3. Physical Inspection:

• Conduct a physical inspection of the land to confirm its location, boundaries, and current use.
• Ensure there are no disputes or encroachments involving the land.

4. Survey and Boundary Verification:

• Hire a licensed surveyor to verify the boundaries and ensure the land size matches the details on the title deed.

5. Environmental Considerations:

• Check if there are any environmental regulations or restrictions affecting the land. This may involve consulting with the National Environment Management Authority (NEMA).

6. Transaction Process:

• Once all verifications are complete, proceed with the transaction through a licensed conveyancer or lawyer to ensure all legal requirements are met and the transfer of ownership is properly recorded at the Ministry of Lands.

4. Fees and Payments

4.1 Fees Vendors may be required to pay fees for listing items or for other services provided by Distress Sales Kenya. All fees are non-refundable unless otherwise stated.

4.2 Payments All payments made through our platform are processed securely. By providing your payment information, you authorize us to charge the applicable fees to your designated payment method.

5. Transactions and Disputes

5.1 Transaction Process Distress Sales Kenya facilitates transactions between buyers and vendors but is not a party to the actual sales contract. Transactions are conducted directly between the buyer and the vendor.

5.2 Dispute Resolution

• Mediation: In the event of a dispute between a buyer and a vendor, Distress Sales Kenya may offer mediation services to help resolve the issue. However, we do not guarantee a resolution and are not liable for the outcome.
• Reporting Issues: If you encounter a problem with a transaction, please contact our support team at [email protected] within 48 hours of the transaction. Provide all relevant details, including transaction ID, item description, and the nature of the issue.

6. Intellectual Property

6.1 Ownership All content on Distress Sales Kenya, including text, graphics, logos, and images, is the property of Distress Sales Kenya or its content suppliers and is protected by intellectual property laws.

6.2 Limited License You are granted a limited, non-exclusive, non-transferable license to access and use our site for personal, non-commercial purposes. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.

7. Limitation of Liability

To the fullest extent permitted by law, Distress Sales Kenya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use our site.
• Any conduct or content of any third party on our site.
• Any content obtained from our site.
• Unauthorized access, use, or alteration of your transmissions or content.

8. Indemnification

You agree to indemnify, defend, and hold harmless Distress Sales Kenya, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of our site or your violation of these terms.

9. Changes to Terms and Conditions

We reserve the right to modify these terms and conditions at any time. Any changes will be posted on this page with an updated revision date. Your continued use of our site after any changes constitutes your acceptance of the new terms and conditions.