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Terms & Conditions

Last updated: August 2026

1. Acceptance of Terms

By accessing or using TouchGift ("the Platform"), operated at touchgift.co.ke, you agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use our services.

These terms apply to all users of the Platform, including browsers, customers, merchants, and contributors of content. We reserve the right to update these terms at any time. Continued use after changes constitutes acceptance.

2. Our Services

TouchGift provides an online gifting platform that enables you to:

  • Purchase gifts from our curated catalog (flowers, hampers, personalized items, gift experiences)
  • Have gifts delivered to recipients in Nairobi (same-day) and nationwide (next-day)
  • Pay via M-Pesa, credit/debit card, or Airtel Money through our payment partner PesaPal
  • Create group gift pools (Pool a Gift) where multiple people contribute
  • Create and share wishlists
  • Use our AI Gift Finder (T-Gifter) for personalized gift recommendations
  • Generate AI-powered handwritten notes
  • Order corporate and bulk gifts with volume discounts

TouchGift acts as an intermediary between gift buyers and delivery. We source products from verified suppliers and handle wrapping, personalization, and delivery.

3. Account Registration

  • You must be at least 18 years old to create an account
  • You must provide accurate and complete registration information
  • You are responsible for maintaining the security of your account
  • You must not share your account credentials with others
  • One account per person — duplicate accounts may be suspended
  • We use phone number + OTP for authentication (via Supabase Auth)

4. Orders & Payments

Placing an Order

  • All orders are subject to product availability
  • Prices are displayed in Kenya Shillings (KSh) and include VAT where applicable
  • Delivery fees are calculated by area and shown before checkout
  • Orders are confirmed only after successful payment via PesaPal
  • You will receive an order confirmation after payment is processed

Payment Methods

  • M-Pesa: Via PesaPal's hosted checkout (STK push to your phone)
  • Credit/Debit Card: Visa and Mastercard via PesaPal
  • Airtel Money: Via PesaPal's hosted checkout

All payment processing is handled by PesaPal. TouchGift does not store your M-Pesa PIN, card number, or CVV. See our Privacy Policy for details.

Pricing

  • All prices are in Kenya Shillings (KSh)
  • Prices include applicable taxes unless otherwise stated
  • Delivery fees vary by location and are shown at checkout
  • Corporate bulk orders receive automatic volume discounts (10% for 10+ items, 15% for 15+)
  • TouchGift reserves the right to change prices without prior notice

5. Delivery

  • Nairobi: Same-day delivery for orders placed before 2:00 PM EAT
  • Nationwide: Next-day delivery for orders placed before 4:00 PM EAT
  • Delivery times are estimates and not guaranteed unless the on-time guarantee applies
  • Recipients may be contacted via the delivery landmark or pin drop location
  • If "Surprise Safeguard" is enabled, the rider will not call the recipient
  • Failed delivery attempts due to incorrect address/pin may incur additional fees

See our full Delivery Policy for complete details including coverage areas, fees, and guarantees.

6. Returns & Refunds

Due to the nature of gifting products (perishable items, personalized goods), returns are limited. Refunds are issued in these situations:

  • Product significantly differs from the listing (wrong item, missing items)
  • Product arrives damaged or defective
  • Delivery fails and cannot be rescheduled
  • Payment was processed but order was not fulfilled

Refunds are processed to the original payment method within 5–10 business days. See our full Return & Refund Policy for complete details.

7. Pool a Gift (Group Gifting)

  • Anyone can create a gift pool by setting a title, target amount, and expiry date
  • Contributions are individual — each contributor pays independently via PesaPal
  • Contributions are non-refundable once the pool reaches its target or expires
  • The pool organizer can dispatch early at partial funding
  • Expired pools with unreached targets: contributors may request a refund within 7 days
  • TouchGift is not responsible for disputes between pool organizers and contributors

8. Wishlists

  • Wishlists are public — anyone with the link can view and contribute
  • Wishlist creators are responsible for sharing their link
  • Wishlist items are not reserved — items may go out of stock
  • Gifts sent from a wishlist are subject to normal order terms

9. AI Gift Finder (T-Gifter)

  • T-Gifter is an AI-powered recommendation tool, not a human
  • Recommendations are based on your input and our product catalog
  • We do not guarantee that AI suggestions will be suitable or error-free
  • Queries may be processed by third-party AI providers (OpenAI, Google, xAI)
  • Do not share sensitive personal information in chat messages

10. Prohibited Activities

You agree not to:

  • Use the Platform for any unlawful purpose
  • Attempt to access other users' accounts without authorization
  • Interfere with or disrupt the Platform's infrastructure
  • Use automated systems (bots, scrapers) to access the Platform
  • Submit false or misleading order information
  • Use the Platform to send spam, harassment, or abusive content
  • Resell TouchGift products without written authorization

11. Intellectual Property

All content on TouchGift — including logos, product images, text, graphics, software, and design — is the property of TouchGift or its licensors and is protected by Kenyan and international intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

12. Limitation of Liability

To the maximum extent permitted by Kenyan law:

  • TouchGift's total liability shall not exceed the value of the order in question
  • We are not liable for indirect, incidental, or consequential damages
  • We are not responsible for delays caused by circumstances beyond our control (force majeure, including weather, road closures, strikes, or government actions)
  • Product images are for illustration — actual items may vary slightly in color or arrangement
  • We are not liable for the actions or omissions of third-party delivery partners

13. Indemnification

You agree to indemnify and hold TouchGift harmless from any claims, losses, or damages (including legal fees) arising from your use of the Platform, your violation of these terms, or your violation of any rights of a third party.

14. Governing Law

These terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

15. 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.

16. Changes to These Terms

We reserve the right to update these terms at any time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date. Your continued use of the Platform after changes constitutes acceptance.

17. Contact

For questions about these Terms & Conditions: