Terms and conditions

NO BAD DAYS – TERMS AND CONDITIONS (short)

1. About You and Us

Who We Are
Welcome to No Bad Days! No Bad Days Limited is a company registered in Kenya. Throughout these Terms, “No Bad Days,” “we,” “us,” and “our” refer to No Bad Days Limited. We also refer to “No Bad Days Affiliates” as  entities associated with us, but not falling under our corporate umbrella.

What We Do
We operate an online marketplace where individuals and vendors (collectively, “Users”) can list, buy, and sell clothing items (the “Items”). Our primary services include:

  • Platform Hosting: We act as an intermediary between buyers and sellers. We do not own, buy, or sell Items on the platform and are not a party to any Transactions unless specified under vendor seller ‘No Bad Days’.
  • Buyer Protection: For a fee, we offer Buyer Protection, ensuring secure payments and refunds if an Item is lost, damaged, or significantly different from its description.
  • Additional Services: Other optional services for Users are detailed in these Terms.

We are responsible for the services we provide, within the limits of applicable laws and our commitments under these Terms.

Your Role as a User
By using our Site, you confirm that you:

  • Are at least 16 years old;
  • Have created a verified account (“Account”);
  • Use our services solely for personal, non-professional purposes (unless registered as a “Brand / Vendor”);
  • Have the legal capacity to engage in transactions on the site;
  • Agree to abide by these Terms and our [Catalogue Rules].

2. Compliance with Kenyan Law

Corporate Law Compliance
No Bad Days Limited complies with the Companies Act, 2015, and maintains a Register of Beneficial Owners as required by law. If required by regulatory authorities, we will disclose information as mandated.

Consumer Protection
An item can be returned to any vendor and a full refund will be issued for the value of the item purchased. Please note that delivery charges are not refundable, and that if you desire to make a return for valid reasons, that it must be done during the delivery process before the rider leaves the premises. 

Data Protection Compliance
No Bad Days complies with the Data Protection Act, 2019, which governs how we collect, store, and process personal data. By using our Services, you consent to the processing of your data under Kenyan law. You have the right to:

  • Access, correct, or delete your personal data;
  • Withdraw consent for data processing at any time.

3. Buying and Selling on No Bad Days

Seller Responsibilities
Sellers are responsible for ensuring that:

  • All Items listed comply with Kenyan intellectual property laws and are not counterfeit or prohibited;
  • They fulfill all tax obligations, including VAT where applicable;
  • They adhere to fair trading principles under Kenyan e-commerce regulations.
  • Once an item is sold, there will be a holding period for the payment until the buyer receives their item. If the buyer does not receive their item from the seller, they are eligible for a full refund. 

Delivery Responsibilities

  • If No Bad Days is the vendor / seller we are responsible for delivering the item to you at your preferred time and date.
  • A seller must choose their own shipping method, they assume full liability for the delivery, in accordance with Kenyan contract law.

4. Payment and Taxes

No Bad Days Wallet
No Bad Days Wallet is provided by a CBK-regulated payment service provider. All funds are stored securely in compliance with Kenyan financial regulations.

There is no minimum withdrawal amount from the site, however mpesa withdrawal fees apply. Payment can also be made via bank transfer with amounts net of transfer fees to be remitted. 

Tax Compliance
Sellers are responsible for reporting earnings and paying income tax  as required by the Kenya Revenue Authority (KRA). No Bad Days is not liable for a seller’s tax obligations.

5. Dispute Resolution

How We Handle Disputes

  • Disputes should be raised via our internal dispute resolution process.
  • If unresolved, disputes will be handled through the Kenya Dispute Resolution Centre (KDRC) or arbitration under the Arbitration Act, 1995.
  • Legal proceedings must be conducted under Kenyan jurisdiction.

6. Account Security and Termination

Account Security
Users must:

  • Keep their login details confidential;
  • Notify No Bad Days of any unauthorized access to their account;
  • Refrain from using bots, scraping software, or engaging in fraudulent activities.

Account Termination

  • Users may close their accounts at any time.
  • No Bad Days reserves the right to terminate accounts engaged in fraud, money laundering, or breaches of these Terms.

7. Shipping and Delivery

Prepaid Shipping

  • Sellers are responsible for delivering their item 
  • If the vendor is listed as for example ‘No Bad Days’ then it is up to us to send items

Seller-Managed Shipping

  • Sellers using their own delivery method are fully responsible for ensuring the buyer receives the item in accordance with Kenyan law.

8. Liability and Legal Compliance

Intellectual Property Rights

  • Users must not infringe any intellectual property rights under Kenyan Copyright Act, 2001.
  • No Bad Days reserves the right to remove listings that violate IP laws.

Limitation of Liability

  • No Bad Days is not liable for losses caused by force majeure events.
  • Our liability is limited to the extent permitted by Kenyan law.

9. Governing Law and Final Provisions

  • These Terms are governed by Kenyan law.
  • Users must comply with anti-money laundering regulations (POCAMLA).
  • No Bad Days reserves the right to suspend accounts involved in fraudulent activities.

10. Changes to These Terms

We may update these Terms in compliance with Kenyan contract law. Users will be notified 15 days in advance, except for urgent legal changes.

By using No Bad Days, you agree to these legally binding Terms. If you have any questions, please contact us.