Terms & Conditions
Effective date: June 1, 2026 · Last updated: June 1, 2026
Welcome to Tushop Preloved ("Preloved"), a peer-to-peer marketplace operated by Tushop Pamoja Limited ("Tushop", "we", "us", or "our"), a company registered in Kenya (registration number PVT-27U55XGZ). By creating an account or using Preloved, you agree to these Terms & Conditions. If you do not agree, please do not use the platform.
1. Definitions
"Preloved" or "Platform" means the Tushop Preloved mobile application and any related services.
"Seller" means any registered user who lists an item for sale on Preloved.
"Buyer" means any registered user who purchases an item through Preloved.
"Item" means any preloved (secondhand) product listed for sale on the Platform.
"Listing" means an advertisement for an Item posted by a Seller on the Platform.
"Order" means a confirmed purchase of an Item by a Buyer.
"Tushop Safety Guarantee" means the buyer protection programme described herein; the fee that funds this programme is also called the Tushop Safety Guarantee.
"Cleared for Payout" means the status of an Order for which the Buyer has either confirmed delivery or has not raised an issue within 48 hours of the Item being marked as Delivered, and against which no dispute is open. A Cleared for Payout Order is eligible for inclusion in the next Friday auto-batch payout or, for eligible Sellers, for an on-demand early payout.
"Trusted Seller" means a Seller who has met the published criteria for the Trusted Seller tier (currently: 25+ successfully completed Orders and a dispute rate below 1% over the trailing 90 days). Trusted Seller status confers eligibility for unlimited on-demand payouts.
2. Eligibility
You must be at least 18 years old and reside in Kenya to use Preloved. By registering, you confirm that the information you provide (including your phone number and name) is accurate and that you will keep it up to date.
3. Account Registration
Accounts are created using your mobile number and verified via a one-time password (OTP). You are responsible for keeping your OTP and account credentials secure. Tushop is not liable for any activity that occurs under your account due to your failure to maintain security. One account per person; duplicate accounts may be removed.
We may, at our discretion, request additional verification (including identity documents) at any point — for example, in response to suspected fraud or to support payout investigations.
4. Listings & Seller Obligations
- Be honest and detailed in your description. Include accurate photos, pricing, condition, and any defects. Listings that misrepresent an Item are the most common cause of disputes — and disputes that go to mediation are decided in the Buyer's favour by default.
- You may not list restricted, illegal, counterfeit, recalled, or hazardous items. Tushop reserves the right to remove any Listing that violates this rule and to suspend the responsible account.
- Pricing is set by you. Tushop does not set or negotiate prices between Buyers and Sellers.
- Once an Order is confirmed, you are obligated to fulfil it within the agreed timeframe.
- If your Item does not fit on a 2-wheeler (boda boda), you are responsible for covering the extra shipping cost for a pickup or truck.
- Dispute response duty. If a Buyer raises an issue on an Order of yours, you must respond within 48 hours of being notified. If you do not respond within 48 hours, the dispute is decided in the Buyer's favour by default. This is a non-negotiable rule designed to keep dispute resolution fast for Buyers.
- You must comply with all applicable Kenyan laws, including consumer protection regulations.
5. Purchases & Buyer Obligations
- Review the Listing carefully before placing an Order. Ask the Seller questions if you need more information.
- The Buyer always pays for shipping. Shipping costs are calculated based on item size and delivery distance.
- The Tushop Safety Guarantee is added to each Order. This funds the buyer protection programme described in the separate Tushop Safety Guarantee policy.
- 48-hour review window. After your Item is marked as Delivered, you have 48 hours to confirm receipt or raise an issue. If you take no action within 48 hours, the payment will automatically release to the Seller. If you confirm earlier, the payment releases to the Seller immediately.
- Once an Order is placed and paid for, it cannot be cancelled unless the Seller fails to dispatch within the agreed timeframe or the Item is materially different from the Listing. Change-of-mind cancellations are not supported once an Order is in transit.
- Payment is made via M-Pesa or other payment methods enabled on the Platform. Tushop processes all payments on behalf of Sellers.
6. Shipping & Delivery
- Items are classified as Small Items (can be carried on a boda boda) or Large Items (require a pickup or truck).
- Sellers must package Items securely. Tushop is not responsible for damage caused by inadequate packaging by the Seller.
- Delivery timelines are estimates and may vary depending on location and logistics availability.
- The Buyer is responsible for providing an accurate delivery address and being available to receive the Item.
- An Item is marked as Delivered when (a) a Tushop rider confirms hand-off to the Buyer, (b) the Seller marks it as delivered with photo or tracking evidence (where the Seller is responsible for shipping), or (c) five (5) business days have passed since dispatch with no signal — in which case the Item is auto-marked as Delivered as a fallback.
7. Seller Payouts
This section sets out how Sellers are paid for completed Orders. All Seller payouts are made via direct M-Pesa transfer to the Seller's registered M-Pesa number. Tushop does not hold Seller funds in an in-app balance.
7.1 Money flow
Tushop collects payment from the Buyer at checkout (item price + shipping fee + Tushop Safety Guarantee). Funds are held by Tushop until the Order becomes Cleared for Payout (see Section 1) and are then paid to the Seller via one of the methods described in 7.2 and 7.3.
7.2 Friday auto-batch (default)
All Orders that are Cleared for Payout as of our Friday cut-off are paid out on that Friday via a single M-Pesa B2C transfer per Seller, aggregating the Seller's cleared Orders for the week, minus any applicable Tushop service fees. This is the default payout method and applies automatically.
7.3 On-demand early payout
Eligible Sellers may request an early payout on any Cleared for Payout Order from inside the app. A requested payout triggers a direct M-Pesa B2C transfer (aggregating any cleared Orders at the moment of request into a single transfer) and is typically processed the same business day or the next morning.
7.4 Eligibility and limits for on-demand payout
On-demand payouts are available to Sellers who have completed at least one (1) successful, undisputed Order. Sellers without any completed Orders must wait for the Friday auto-batch until their first sale clears. Eligible Sellers may request up to two (2) on-demand payouts per calendar week. Trusted Sellers (see Section 1) are exempt from this cap. Any Cleared for Payout Orders not paid via on-demand payout are included in the next Friday auto-batch.
7.5 Disputed Orders
If a dispute is raised on an Order before it is Cleared for Payout, the corresponding funds are held and will not be included in any payout until the dispute is resolved. If the dispute is resolved in the Seller's favour, the Order proceeds to payout as normal (Friday auto-batch or eligible on-demand). If resolved in the Buyer's favour, the Order is refunded and no payout occurs.
7.6 Fees
Tushop does not currently charge a payout fee. We reserve the right to introduce a small flat fee (clearly disclosed in advance) on on-demand payouts in the future to cover M-Pesa transfer costs. Friday auto-batches will remain free.
8. Tushop Safety Guarantee & Disputes
The Tushop Safety Guarantee is the buyer protection programme funded by the Tushop Safety Guarantee fee. It provides Buyers with recourse if something goes wrong with an Order. Full details are in the separate Tushop Safety Guarantee policy. The summary below covers the dispute process.
8.1 What can be disputed
A Buyer can raise a dispute on an Order under any of the following circumstances:
| Type of issue | Default resolution | Who pays return shipping |
|---|
| Item didn't arrive (Tushop rider) | Refund to Buyer; Seller still paid; Tushop investigates internally | N/A |
| Item didn't arrive (Seller-shipped) | Seller must provide proof of dispatch; otherwise Buyer is refunded | N/A |
| Damaged in transit (Tushop rider) | Refund to Buyer; Tushop absorbs the loss; Seller still paid | Tushop |
| Pre-existing damage not disclosed in Listing | Return + full refund | Seller (deducted from proceeds) |
| Not as described | Return + full refund (or partial refund if Buyer prefers to keep) | Seller if at fault; Buyer if subjective |
| Counterfeit / misrepresented brand | Full refund without return; Listing removed; Seller strike issued | N/A |
| Wrong item shipped | Return + full refund | Seller |
| Missing components or parts | Partial refund or full return at Buyer's choice | Seller if full return |
| Change of mind | Not supported (preloved Items are final-sale unless faulty) | N/A |
| Late delivery | Comms-only response; Order proceeds unless Buyer refuses on arrival | N/A |
8.2 How to raise a dispute
Contact Tushop support within the 48-hour review window after delivery, either by WhatsApp to +254 116 111 166 or by voice call to 0111 393 939. Tell the agent your Order number, the category of issue, and what happened. You will be asked to send supporting evidence — typically photos of the Item and, where relevant, screenshots of the Listing. Disputes raised more than 48 hours after delivery may not be considered, except for Items that never arrived (in which case the 48-hour window starts from the expected delivery date). In-app self-service dispute raising is planned for a future release; for now, all disputes are handled by our support team over WhatsApp or phone.
8.3 Ops timeline
- Within 24 hours of raising the dispute, Tushop support will acknowledge and triage the case.
- Within 48 hours, the Seller must respond with their side of the story. If the Seller is silent for 48 hours, the dispute is decided in the Buyer's favour by default and a refund is processed.
- Within 72 hours, where both parties have responded, Tushop ops will make a determination based on the evidence.
- Within 5 business days, the dispute is hard-closed regardless of state. Where evidence is missing at this point, ops will make a best-judgement call, generally erring toward the Buyer.
8.4 Refunds
Approved refunds are sent to the M-Pesa number linked to the Buyer's account within 3 business days of the dispute being resolved. The item price and shipping fee are refunded; the Tushop Safety Guarantee fee itself is non-refundable as it covers the cost of providing the protection service.
8.5 Tushop's decision
Tushop's decision on disputes is final on the Platform, though both parties retain their statutory rights under Kenyan consumer protection law and may pursue those rights independently.
9. Returns
9.1 When returns happen
Returns are arranged when a dispute is resolved with the outcome "return + refund" — typically for Not as Described, Pre-existing Damage, Wrong Item, or Missing Components claims. Counterfeit Items are refunded without a required return; the Buyer may keep, dispose of, or hand the Item to Tushop at their option. Change of mind does not entitle the Buyer to a return.
9.2 How returns move
Tushop will arrange a rider pickup from the Buyer's registered delivery address. The Buyer will receive a notification with a pickup window. The Buyer must pack the Item with all original accessories and present it to the rider in the same condition in which it was received.
9.3 Who pays return shipping
Return shipping cost is allocated based on fault, per the table in Section 8.1. Where the Seller is at fault, the cost is deducted from the Seller's would-be proceeds before any refund is issued. Where Tushop is at fault (e.g. damage caused by our rider), Tushop absorbs the cost. Where fault is genuinely ambiguous and the total return cost is below KES 500, Tushop may absorb the cost as a goodwill measure.
9.4 Seller inspection
Once the returned Item is delivered to the Seller, the Seller has 48 hours to inspect and either confirm receipt in the same condition or raise a sub-dispute (e.g. "the Buyer damaged the Item further"). Sub-disputes are mediated on photo evidence by Tushop ops. If the Seller does not respond within 48 hours, the return is deemed accepted and the refund is processed to the Buyer.
9.5 No off-Platform returns
Returns must be coordinated through the Platform. Buyers and Sellers may not arrange returns privately. Returns shipped via couriers other than Tushop's logistics partners are at the sender's risk and may not be accepted as evidence in a dispute.
10. Prohibited Conduct
- Listing counterfeit, stolen, illegal, or restricted Items.
- Providing false or misleading information in Listings or during registration.
- Manipulating reviews, ratings, or feedback.
- Harassing, threatening, or abusing other users.
- Attempting to complete transactions outside the Platform to avoid fees or the Tushop Safety Guarantee.
- Using automated tools (bots, scrapers) to access or interact with the Platform.
- Repeated failure to respond to Buyer disputes within the 48-hour window.
- Any activity that violates applicable Kenyan law.
Strike policy. For serious violations — particularly counterfeit Listings, fraud, or repeated dispute losses — Tushop applies a three-strike policy: a first strike results in a written warning and a hold on any pending payouts; a second strike results in a 30-day suspension; a third strike results in permanent account termination and the forfeiture of any pending payouts to cover outstanding refunds and disputed amounts. Tushop reserves the right to suspend or permanently remove accounts immediately, without prior strike, where necessary to protect the safety of users or the integrity of the Platform.
11. Limitation of Liability
Tushop acts as an intermediary between Buyers and Sellers. We do not own, inspect, or guarantee the quality of Items listed on the Platform, except where expressly provided under the Tushop Safety Guarantee. To the fullest extent permitted by Kenyan law, Tushop's total liability to any user in connection with the Platform shall not exceed the total fees paid by or to that user in the 12 months preceding the claim. Tushop shall not be liable for indirect, consequential, or special damages, including loss of profit.
12. Intellectual Property
All content on the Platform (including logos, design, and software) is owned by or licensed to Tushop. Sellers retain ownership of photos and descriptions they upload but grant Tushop a non-exclusive, royalty-free licence to use, display, and distribute this content on the Platform and for marketing purposes.
13. Termination
You may deactivate your account at any time by contacting Tushop support. Tushop may suspend or terminate your account if you breach these Terms, engage in prohibited conduct, or if required by law.
On termination:
- Any pending Orders will be fulfilled or refunded as appropriate.
- Any open disputes will be resolved before final account closure.
- Any Cleared for Payout amounts owed to the Seller will be paid to the Seller's registered M-Pesa within 14 business days, after deducting any applicable fees and outstanding refund obligations.
- Where termination is the result of a third strike under Section 10, any pending payouts may be forfeited to cover outstanding Buyer refunds and dispute resolution costs.
14. Changes to These Terms
Tushop may update these Terms from time to time. We will notify you of material changes through the app or via SMS. Continued use of Preloved after changes take effect constitutes acceptance of the updated Terms.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising from or in connection with these Terms shall first be addressed through good-faith consultation between the parties. If the dispute cannot be resolved amicably within 14 days, it may be submitted to a court of competent jurisdiction in Kenya.
16. Contact Us
If you have questions about these Terms, or you need to raise a dispute or enquiry about an Order, please reach out:
- WhatsApp: +254 116 111 166
- Voice call: 0111 393 939
- Email: support@tushop.io
