Terms of Use

1. Acceptance of Terms

By accessing or using the Simba Cement website ("Site"), purchasing our products, or using our services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

2. Eligibility

By using our Site and services, you represent and warrant that:

• You are at least 18 years of age or have parental/guardian consent
• You have the legal capacity to enter into binding contracts
• You are not prohibited from using our services under applicable laws
• You will provide accurate, current, and complete information when using our services

3. Products and Orders

3.1 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, colors, specifications, or other content on our Site are accurate, complete, reliable, current, or error-free.

3.2 Orders

All orders placed through our Site or via phone/WhatsApp are subject to acceptance by Simba Cement. We reserve the right to refuse or cancel any order for any reason, including product availability, pricing errors, or suspected fraud.

Minimum Order Quantity: Unless otherwise specified, the minimum order quantity for our products is 10 units per product.

3.3 Pricing

All prices are listed in Kenyan Shillings (KES) and are subject to change without notice. Prices do not include delivery fees, taxes, or other charges unless explicitly stated. Delivery fees will be calculated based on your location and order size.

3.4 Payment

We accept payment via M-Pesa, bank transfer, and cash on delivery (for qualifying orders). Payment must be received in full before order processing unless other arrangements have been made.

4. Delivery and Shipping

We offer delivery services to locations across Kenya. Delivery timelines are estimates and not guaranteed:

• Within Nairobi: 2-3 business days after order confirmation
• Upcountry: 3-5 business days after order confirmation
• Bulk Orders: Delivery timeline to be confirmed at the time of order

Risk of loss and title for products pass to you upon delivery. We are not responsible for delays caused by circumstances beyond our reasonable control.

5. Returns and Refunds

5.1 Return Policy

Due to the nature of our products, we do not accept returns on cement or construction materials unless the product is defective or damaged upon delivery. If you receive damaged or defective products, please contact us within 48 hours of delivery.

5.2 Refunds

Approved refunds will be processed within 14 business days using the original payment method. Refunds for cash on delivery orders will be issued via bank transfer or M-Pesa.

6. Intellectual Property

All content on our Site, including but not limited to text, graphics, logos, images, product designs, trademarks, and software, is the property of National Cement Company Limited or its licensors and is protected by Kenyan and international intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from our Site without our express written permission.

7. User Conduct

You agree not to use our Site or services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful code, viruses, or malicious software
• Interfere with the security or functionality of our Site
• Impersonate another person or entity
• Collect user information without consent
• Engage in fraudulent or deceptive practices

8. Limitation of Liability

To the maximum extent permitted by law, Simba Cement and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Site, products, or services, including but not limited to loss of profits, data, or business opportunities.

Our total liability to you for any claim arising from these Terms or your use of our products shall not exceed the amount you paid for the specific product giving rise to the claim.

9. Disclaimer of Warranties

Our Site and products are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our Site will be uninterrupted, error-free, or free of viruses or other harmful components.

10. Indemnification

You agree to indemnify, defend, and hold harmless Simba Cement and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses arising from your use of our Site, violation of these Terms, or infringement of any third-party rights.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles. Any legal action arising from these Terms shall be brought exclusively in the courts of Nairobi, Kenya.

12. Dispute Resolution

Any dispute arising from these Terms or your use of our services shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may submit the dispute to binding arbitration in accordance with the Arbitration Act of Kenya.

13. Termination

We reserve the right to suspend or terminate your access to our Site and services at our sole discretion, without notice, for any reason, including violation of these Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us: