1. Scope
This Policy applies to cancellation, return, replacement, credit and refund requests for Goods and related transactions facilitated through Hammer. It should be read with the Marketplace Terms, Buyer Policy, Supplier Policy, Delivery Policy and Payment Policy.
2. Mandatory rights
Nothing in this Policy excludes, restricts or modifies a right, remedy, guarantee, condition, warranty or liability that Applicable Law does not permit the parties to exclude or restrict.
3. General finality
Subject to mandatory law and the exceptions below, a Confirmed Order is final and binding. Hammer does not provide a general contractual change-of-mind return right.
4. Construction context
Construction Goods may be allocated, specially sourced, manufactured, cut, mixed, tinted, fabricated, loaded or transported for a project. Cancellation may therefore become impracticable or costly earlier than in ordinary retail.
5. Consumer and business treatment
Some statutory rights apply specifically to Consumers. Business Customers may have different contractual risk allocation, subject to Applicable Law and the particular transaction.
6. Project List/cart
Adding Goods to a Project List, cart, quote request or Payment Request does not itself form a binding sale unless the Platform expressly states otherwise.
7. Review and correction
Before a binding internet transaction, Hammer should disclose material terms and provide the legally required opportunity to accept or decline and correct errors.
8. Availability before formation
Where Supplier acceptance or availability remains outstanding, Hammer may cancel or revise the affected line before contract formation rather than treating unavailable Goods as sold.
9. Obvious errors
A manifest price, quantity, unit or system error may be corrected before fulfilment with any notice, rejection or refund rights required by law.
10. Internet disclosure failure
Where the Consumer Protection Act gives a Consumer a cancellation right because required pre-contract information was not disclosed, this Policy does not remove that right.
11. Error-correction failure
Where the legally required opportunity to accept/decline or correct errors was not provided immediately before the agreement, the statutory cancellation right remains available.
12. Copy of agreement
Hammer should provide the required written/durable copy of the internet agreement or Order record in the applicable manner and period.
13. Statutory timing
Kenya's Consumer Protection Act contains specific cancellation windows for qualifying internet agreements, including a seven-day framework in circumstances described by section 33(1) and a thirty-day framework where the statutory copy requirement is not met. Hammer's production workflow should avoid triggering these rights through preventable compliance failures.
14. Consequences of statutory cancellation
Where a Consumer validly exercises a statutory cancellation right, refund and return/recovery obligations must follow Applicable Law rather than the ordinary finality rule.
15. No general change-of-mind right
Subject to mandatory law, a Buyer has no contractual cancellation/return right merely because they change their mind.
16. Project changes
Project redesign, delay, suspension, cancellation, financing issues, contractor changes, site changes or loss of need do not ordinarily create a right to return conforming Goods.
17. Quantity mistakes
Over-ordering, under-ordering, incorrect wastage assumptions or errors in a Buyer-provided BOQ do not ordinarily create a return/refund right for conforming Goods.
18. Specification mistakes
Where the Buyer selected and confirmed the wrong size, grade, colour, brand, model, dimension or other specification after a reasonable review opportunity, the error ordinarily remains the Buyer's risk.
19. Cheaper alternative
Finding the same or similar Goods at a lower price after confirmation does not create a cancellation or refund right.
20. Storage/site constraints
Lack of storage, inability to receive Goods, site closure or undisclosed access constraints do not ordinarily create a return right and may create properly disclosed additional Delivery/redelivery costs.
21. Custom Goods
To the maximum extent lawful, Goods cut, fabricated, mixed, tinted, branded, engraved, assembled, configured, specially packaged, manufactured to specification or otherwise materially customised are non-cancellable/non-returnable after irreversible work or commitment begins.
22. Special sourcing/import
Goods specially sourced, imported, transferred between facilities or procured specifically for a Buyer may become non-cancellable once the Supplier incurs a non-recoverable commitment, where lawful and properly disclosed.
23. Cut materials
Once steel, timber, board or other material is cut to the Buyer's confirmed dimensions, change-of-mind return should ordinarily be unavailable, without affecting a claim that it was cut incorrectly or is non-conforming.
24. Mixed/tinted Goods
Once concrete, paint, chemicals or other Goods are mixed/tinted to the confirmed specification, change-of-mind return should ordinarily be unavailable, without affecting a valid defect/specification claim.
25. Opened/safety-sensitive Goods
Where opening or use materially affects safety, integrity, certification or lawful resale, return may be refused after opening except where a mandatory defect/non-conformity remedy applies.
26. Wrong Goods
If the Supplier delivers materially different Goods from the Confirmed Order without authorised substitution, the Buyer may be entitled to the appropriate lawful remedy.
27. Short delivery
Where fewer Goods or less weight/measure is delivered than ordered, the Supplier must investigate and, where established, complete the quantity or provide the applicable credit/refund/remedy.
28. Visible damage
Where Goods arrive visibly damaged, the Buyer should record the issue at Delivery where reasonably practicable and notify Hammer promptly.
29. Latent defects
A defect not reasonably discoverable at Delivery may be reported when discovered within the applicable legal, contractual or warranty period.
30. Misdescription
Where Goods materially fail to correspond with description, sample or confirmed specification, the Buyer retains available remedies.
31. Fitness and merchantable quality
Where Kenyan sale-of-goods law implies a condition concerning reasonable fitness for a purpose made known to the seller, merchantable quality for Goods bought by description, or correspondence with sample, this Policy does not remove that condition where it applies.
32. Unsafe Goods
Safety concerns may require immediate stop-use, isolation, recall, replacement, refund or regulator involvement. Hammer may suspend an affected Offer during investigation.
33. Reasonable inspection
The receiving person should, where practicable, inspect visible quantity, obvious damage and apparent conformity at Delivery.
34. Prompt reporting
Prompt reporting preserves evidence. Hammer may establish operational targets for visible issues, but those targets must not be represented as eliminating a non-excludable or latent-defect right.
35. Evidence
Hammer may request proportionate photographs, video, batch/lot information, packaging, Delivery evidence, measurements or other information reasonably necessary to investigate.
36. Preserve disputed Goods
Where reasonable and safe, disputed Goods should be preserved and not materially altered, installed, consumed, discarded or independently returned before a fair opportunity to inspect, except where urgent safety/loss mitigation requires action.
37. Mitigation
A Buyer aware of damage/defect should take reasonable steps to avoid unnecessary further loss. Suppliers and Hammer should likewise act reasonably once notified.
38. Evidence integrity
Fabricated photographs, substituted Goods, staged damage, false shortage claims, altered documents or collusive claims are prohibited.
39. Return authorisation
Goods should not be returned to a Supplier, driver or Hammer location without authorised return instructions unless Applicable Law requires otherwise.
40. Return destination
The authorised return destination may differ from the original Dispatch Origin where a lawful reasonable arrangement is made. Hammer should preserve the return chain/evidence.
41. Collection cost
Where the Supplier is responsible for non-conforming Goods, the responsible party should bear collection/return costs to the extent required by law or contract.
42. Voluntary return cost
Where Hammer voluntarily accepts a return it was not legally or contractually required to accept, the Buyer may be responsible for reasonable collection, redelivery, restocking or handling costs disclosed and agreed before return.
43. Voluntary return condition
A voluntary return may require Goods to be unused, uninstalled, complete, safely resalable and substantially in the condition supplied, subject to reasonable inspection.
44. Restocking fees
A restocking/handling fee must not be used to defeat a mandatory remedy. Any voluntary-return fee should reflect the agreed commercial policy and be disclosed before acceptance.
45. Remedy selection
Depending on law and circumstances, the remedy may include completion of shortage, repair, replacement, re-performance, collection, credit, partial refund or full refund.
46. Line-specific remedy
Where only certain Order lines or Delivery Legs are affected, the remedy may be limited to those items unless the failure materially defeats the wider transaction under law or contract.
47. Refund route
Approved refunds should ordinarily return through the original lawful payment route where practicable, subject to provider/bank capabilities, fraud controls and Applicable Law.
48. Refund timing
Hammer should communicate approved refund status promptly. Actual receipt may depend on the bank/payment provider. Hammer should not promise an exact provider-processing time it cannot control.
49. Supplier-funded remedies
Where a Supplier is responsible, Hammer may recover or offset the Supplier-funded remedy in accordance with the Supplier Agreement and settlement controls.
50. Goodwill
A discretionary Hammer goodwill credit/refund does not admit legal liability and does not create an automatic future entitlement.
51. Tax adjustments
Refunds, credits and cancellations should generate any credit note, tax adjustment or invoice correction required by the applicable tax architecture.
52. Legitimate payment disputes
Nothing prevents a Buyer or Payer from exercising a lawful payment-dispute right.
53. Good-faith first contact
Where reasonably practicable, users should raise an Order problem through Hammer's dispute process before initiating a chargeback so the issue can be investigated.
54. Abusive chargebacks
A knowingly false or abusive chargeback for authorised, conforming and properly delivered Goods is prohibited.
55. Chargeback evidence
Hammer may provide banks/payment providers with relevant Order, acceptance, payment, Supplier, pickup, Delivery, communication and dispute evidence.
56. Recovery after reversal
Where payment is reversed despite a valid debt remaining due, Hammer and/or the Supplier retain lawful recovery rights against the responsible party.
57. Multi-supplier Orders
An Order may contain multiple Suppliers and Dispatch Origins. Cancellation, return or dispute should ordinarily be assessed at affected Order-line and Delivery-Leg level.
58. Unaffected legs
A problem with one Supplier or Delivery Leg does not automatically cancel/refund unrelated conforming Goods from another Supplier or origin.
59. Delivery-charge adjustment
Where a return/refund affects Delivery charges, the adjustment should reflect the affected leg, responsibility for the issue and Applicable Law.
60. Audit history
Refunds/credits must be reflected in transaction and Supplier reconciliation records without rewriting the original Order snapshot.
61. Return fraud
Returning substituted, used, counterfeit, post-Delivery damaged or different Goods as though they were the supplied Goods is prohibited.
62. Repeated abuse
Hammer may investigate patterns of dishonest claims, abusive returns, false shortages, chargeback abuse or manipulation and may restrict Accounts where justified and lawful.
63. Supplier abuse
Hammer may similarly restrict Suppliers that repeatedly misdescribe Goods, short-deliver, reject valid remedies, manipulate evidence or use return processes dishonestly.
64. Legal holds
Hammer may preserve records subject to a dispute, fraud investigation, regulatory inquiry, legal hold or anticipated claim.
65. Support channel
Return/refund requests should use the Order/support workflow where possible so the request remains tied to the correct Order line and Delivery Leg.
66. Decision record
Hammer should record complaint type, evidence, responsible party, decision, remedy, refund/credit amount, return movement and settlement adjustment.
67. Escalation
Complex safety, fraud, high-value or legally contested claims should be escalated to authorised management and, where appropriate, counsel, insurer, regulator or payment provider.
68. Policy changes
Material changes should be dated and communicated appropriately. A later policy should not retroactively rewrite rights and obligations already fixed for a Confirmed Order unless lawfully agreed or required.
69. Conflict
If this Policy conflicts with mandatory law, mandatory law prevails to the extent of conflict. Other conflicts follow the contractual hierarchy in the Marketplace Terms.
70. Contact
The final page should provide the actual Hammer Order/support route and verified business contact information.