Terms of Service

These Terms of Service (the Terms) are an agreement between you and Delace Technologies Limited, a company registered in Kenya and based in Nairobi, Kenya (Delace, we, us). They apply when you use delace.co.ke (the Site), create an account, request an order, receive a quotation, or buy, collect or have products installed by us.

By using the Site, creating an account or placing an order request, you agree to these Terms and to our Privacy Policy, which explains how we handle personal data. If you do not agree, please do not use the Site.

If you buy for a business, you confirm you are authorised to bind that business, and “you” includes it. Some protections below apply only to consumers (individuals buying mainly for personal, family or household purposes), as defined in the Consumer Protection Act, 2012. Nothing in these Terms takes away rights you have under Kenyan law that cannot be excluded by contract.

• You must be at least 18 years old and able to enter into a binding contract to create an account or place an order.
• You can order as a guest or with an account. To open an account you give your name, email address and a password, and confirm your email by opening the link we send you. An account cannot be used until the email address is confirmed.
• Keep your details accurate and your password secret. You are responsible for activity on your account until you tell us it has been compromised.
• We may suspend or close an account that is used fraudulently, breaches these Terms or the law, or puts other customers or our systems at risk. Where reasonable we will tell you why. You can ask us to close your account at any time.

These Terms are written for a Kenya-based business and are intended to operate alongside the Constitution of Kenya, the Consumer Protection Act, 2012, the Sale of Goods Act, the Kenya Information and Communications Act, the Data Protection Act, 2019 and its regulations, the VAT Act, 2013, the Tax Procedures Act, 2015, the Competition Act, 2010, and the Computer Misuse and Cybercrimes Act, 2018, in each case as applicable and amended from time to time.

This list is a practical summary, not a limit on any law that applies. If these Terms conflict with a mandatory consumer, tax, privacy, electronic-transactions, safety or other Kenyan legal requirement, that requirement prevails.

We sell vehicle tracking and telematics equipment (GPS trackers, video telematics and dashcams, fuel and IoT sensors, driver identification and cargo security devices), installation accessories, electronics, office equipment, accessories and office essentials.

• We describe products as accurately as we can. Photos are for illustration; packaging, colour and minor specifications can vary by batch or manufacturer update. If a difference matters to you, ask us before you order.
• Stock shown on the Site is indicative. Availability is confirmed when we contact you about your order.
• Tracking hardware sold for use in Kenya should carry Communications Authority of Kenya (CA) type approval. Ask us for the approval details of any device before you buy.

• Prices are in Kenya Shillings (KES) and include Value Added Tax at the current rate of 16% under the VAT Act, 2013, unless stated otherwise. Delivery and installation are charged separately unless included in your quotation.
• When a product page displays a price, it is the KES item price shown at the time you view it and is VAT inclusive. It remains subject to the order-confirmation process below and does not include delivery or installation unless we say it does.
• Prices are not displayed for every product online. The price that applies to your order is the one we confirm to you in writing (by email, quotation or order confirmation) before you pay.
• Quotations are valid for 14 days unless they say otherwise, and are subject to stock availability.
• If we make an obvious pricing error we will tell you before accepting your order and you may cancel without charge.
• We issue tax invoices and receipts that comply with Kenya Revenue Authority requirements, including electronic tax invoices (eTIMS).

Online payment is not yet available on the Site. Placing an order works like this:

1. You add products to your basket and submit an order request with your name, phone number and email address, and optionally a delivery address and notes.
2. We email you to confirm we received the request, and our team contacts you to confirm availability, the final price, delivery or installation, and how you will pay.
3. A binding contract is formed only when we confirm the order to you in writing and you agree to proceed (usually by paying or accepting a quotation). Until then either of us may decline without liability. We may decline an order, for example if a product is unavailable or we cannot verify the details given.
4. Before the contract is formed we will make the key terms available to you (the goods, total price including tax and charges, delivery arrangements, and cancellation and return terms), and we will send you a copy of the agreement by email, as the Consumer Protection Act, 2012 requires for internet agreements.

We keep electronic records of orders and communications. Electronic records and agreements are valid under the Kenya Information and Communications Act.

• We accept M-Pesa, Pesapal, bank transfer and, where agreed, cash on collection or delivery. We will only ask you to pay to official Delace payment details confirmed in writing.
• We never ask for your M-Pesa PIN, card PIN or online banking password. If someone does, do not share it and tell us immediately.
• Business customers may be offered credit terms in writing; otherwise goods are released once payment has cleared.
• Ownership of goods passes to you when we receive full payment.

• You can collect from our Nairobi hub or ask us to dispatch countrywide or across East Africa. Delivery times we give are estimates; we will keep you informed of delays.
• Risk in the goods passes to you when they are collected by you or delivered to the address you gave us.
• Please check goods on collection or delivery and tell us within 48 hours about visible damage or missing items.
• Cross-border deliveries may attract import duties and taxes in the destination country, which are your responsibility unless your quotation says otherwise.

Installation

• Where we install devices, you confirm that you own the vehicle or asset, or have the owner's permission, and that you will make it available at the agreed time and place.
• We will tell you before installation about existing faults we notice. We are not responsible for pre-existing faults, or for faults caused by later work on the vehicle by others.
• Workmanship guarantees, if any, are stated in your quotation or job card.

• You can cancel an order request free of charge at any time before we dispatch or install the goods. Call +254 717 520 648 or email [email protected].
• If you are a consumer and we did not give you the information or the copy of the agreement required for internet agreements, you may also cancel as provided in sections 31 to 34 of the Consumer Protection Act, 2012.
• Unused goods in their original, undamaged packaging may be returned within 7 days of collection or delivery for an exchange or refund. Return delivery costs are yours unless the goods were faulty or not what you ordered.
• Unless they are faulty, we cannot accept returns of goods that have been installed, wired into a vehicle, activated on a network (including devices with an activated SIM), configured to your account, made or ordered specially for you, or opened consumables and hygiene items.
• Refunds are paid to the original payment method (for M-Pesa, to the paying number) within 14 days of our accepting the return or cancellation.

• Goods must match their description, be of satisfactory quality and be fit for their purpose, as implied by the Sale of Goods Act (Cap. 31). For consumers these conditions cannot be excluded.
• In addition, products carry the manufacturer's or our warranty for the period shown on the product (commonly 12 months). The warranty does not cover damage from accidents, misuse, unauthorised repair, water ingress beyond the stated rating, incorrect power supply, or installation by someone other than us or an approved installer.
• If goods are faulty, contact us with your order or receipt number. We will repair, replace or refund, as appropriate and as the law requires.

Tracking, dashcam, driver identification and fuel monitoring devices collect information about where vehicles go and, often, about the people who drive them. If you use them you must use them lawfully. In particular you agree to:

• Only track vehicles and assets you own or are authorised to track, and never use a device to track a person covertly or unlawfully.
• Comply with the Data Protection Act, 2019 where the devices produce personal data (for example driver location, behaviour or camera footage). If you track employees or drivers, you are normally the data controller: tell them what is collected and why, use it only for legitimate purposes, keep it secure and for no longer than needed, and respect their rights.
• Where a service or device requires a regulatory authorisation, type approval or other approval, use a compliant provider and obtain the applicable approval details before deployment. You remain responsible for complying with any rules that apply to your vehicles and operations.
• Not use immobilisers, remote locks or cut-off relays in a way that endangers anyone, for example on a moving vehicle.

Unless we have agreed in writing to provide a tracking platform service to you, Delace supplies and installs devices only and does not receive or control the location data they generate. The tracking platform you choose processes that data under its own terms.

You agree not to:

• Access or try to access accounts, systems or data you are not authorised to access, or interfere with the Site's security or operation.
• Use bots, scrapers or automated means to collect content or prices, or to place orders, without our written permission.
• Place false orders, impersonate anyone, or use the Site for fraud, phishing or any purpose that is unlawful under the Computer Misuse and Cybercrimes Act, 2018 or other law.
• Upload or send anything that is defamatory, infringing or harmful.

To protect the Site we limit how many requests can be made in a short time. We may block access that breaches these Terms.

We send service emails needed for your account and orders (such as email confirmation, order acknowledgements, quotations and receipts). We send offers and product updates only if you opted in, and every marketing email has a link to unsubscribe at any time. See our Privacy Policy for details.

The Site's content, design and our brand belong to Delace or our licensors. Manufacturer names, logos and product names belong to their owners and are used only to identify products. You may view and print pages for your own use; any other use needs our written permission.

• Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited under Kenyan law, including your statutory rights as a consumer.
• We are not liable for losses that were not reasonably foreseeable when the contract was made, or for losses caused by your breach of these Terms or by misuse of products.
• For business customers, our total liability arising from an order is limited to the price paid for that order, and we are not liable for loss of profit, revenue, business or data.
• Tracking and telematics devices depend on mobile networks, satellite signals, power supply and third-party platforms. We do not guarantee uninterrupted coverage or that a device will prevent theft or loss.

We are not responsible for delays or failures caused by events beyond our reasonable control, such as natural disasters, civil unrest, government action, supplier or customs delays, or network outages. We will tell you as soon as we can and, if the delay is long, you may cancel and receive a refund for anything not delivered.

• If something goes wrong, contact us first on +254 717 520 648 or at [email protected]. We aim to respond within 2 working days and to resolve complaints within 14 days.
• These Terms are governed by the laws of Kenya.
• If we cannot resolve a dispute together, either of us may propose mediation. You may also bring a claim in the Small Claims Court (for claims up to KES 1,000,000) or the courts of Kenya, and consumers may complain to the Competition Authority of Kenya. Data protection complaints can be made to the Office of the Data Protection Commissioner (see our Privacy Policy).

We may update these Terms, for example when we launch online payment or change how the Site works. The version and effective date are shown at the top of this page. Changes do not affect orders already confirmed. Where a change is significant we will tell account holders by email before it applies.

• Delace Technologies Limited, Nairobi, Kenya
• Phone: +254 717 520 648 (Monday–Saturday, 8:00 AM–6:00 PM (EAT))
• Email: [email protected]