Terms of service

TERMS OF SERVICE

Last Updated: 1/6/2026

SMASH ELEMENT TERMS OF SERVICE

Welcome to Smash Element.

These Terms of Service ("Terms") govern your access to and use of the Smash Element website, products, services, content, communications, and related platforms.

By accessing our website, creating an account, purchasing products, or otherwise interacting with Smash Element, you agree to be legally bound by these Terms.

If you do not agree with these Terms, you must discontinue use of the website and services immediately.

1. DEFINITIONS

For purposes of these Terms:

  • "Company", "Smash Element", "we", "our", or "us" refers to Smash Element and its owners, directors, employees, agents, affiliates, successors, assigns, contractors, and representatives.

  • "Customer", "User", "you", or "your" refers to any individual or entity accessing or using our website or services.

  • "Products" means all merchandise, apparel, accessories, digital content, and related goods offered by Smash Element.

  • "Website" refers to all websites, domains, mobile platforms, applications, and digital properties operated by Smash Element.

2. ELIGIBILITY

You represent and warrant that:

  • You are at least eighteen (18) years old or have obtained appropriate parental or guardian consent.

  • You possess legal capacity to enter into binding agreements.

  • Information provided by you is accurate and complete.

Smash Element reserves the right to refuse service to any person at its sole discretion where permitted by law.

3. PRODUCTS AND AVAILABILITY

All products are subject to availability.

We reserve the right to:

  • Limit quantities sold

  • Discontinue products

  • Modify products

  • Update descriptions

  • Correct errors

  • Refuse orders

Product availability displayed on the website does not constitute a guarantee of stock.

In the event of inventory discrepancies, Smash Element may cancel affected orders and provide an appropriate remedy at its discretion.

4. PRODUCT DESCRIPTIONS

We strive to display products accurately.

However, we do not warrant that:

  • Product descriptions are error-free

  • Colors displayed on screens perfectly match actual products

  • Images accurately represent every detail

  • Product dimensions are exact

Minor variations in color, appearance, texture, sizing, stitching, or packaging shall not constitute defects.

5. PRICING

All prices displayed are subject to change without notice.

Smash Element reserves the right to:

  • Correct pricing errors

  • Cancel orders affected by pricing mistakes

  • Modify promotions

  • Adjust discounts

Where an obvious pricing error occurs, we may cancel or refuse the affected order even after payment has been submitted.

6. ORDERS

Submission of an order does not guarantee acceptance.

Smash Element reserves the right to:

  • Refuse orders

  • Cancel orders

  • Limit quantities

  • Request additional verification

Orders may be rejected where fraud, abuse, unauthorized activity, or suspicious conduct is suspected.

7. PAYMENTS

Payments are processed through third-party payment providers.

Smash Element does not control payment processing systems and shall not be liable for:

  • Payment failures

  • Processing delays

  • Banking interruptions

  • Third-party payment errors

Customers remain responsible for ensuring payment information is accurate.

8. SHIPPING AND DELIVERY

Delivery timelines are estimates only.

Smash Element shall not be liable for delays caused by:

  • Couriers

  • Logistics providers

  • Customs authorities

  • Weather conditions

  • Government actions

  • Force majeure events

Risk of loss and ownership transfers to the customer upon delivery to the shipping address provided.

Customers are responsible for ensuring shipping information is accurate.

9. RETURNS AND EXCHANGES

Returns, exchanges, and refunds shall be governed by the Smash Element Return Policy.

Nothing contained in these Terms shall obligate Smash Element to provide returns or refunds beyond those required under applicable law or stated company policies.

10. INTELLECTUAL PROPERTY

All content on the website including:

  • Logos

  • Brand names

  • Product names

  • Designs

  • Graphics

  • Images

  • Videos

  • Text

  • Website layouts

  • Marketing materials

are owned by or licensed to Smash Element and are protected by intellectual property laws.

No content may be copied, reproduced, distributed, modified, sold, or exploited without prior written permission.

11. USER CONDUCT

Users shall not:

  • Use the website unlawfully

  • Interfere with website operations

  • Upload malicious software

  • Attempt unauthorized access

  • Harvest customer data

  • Misrepresent identity

  • Violate applicable laws

Smash Element reserves the right to restrict access where violations occur.

12. THIRD-PARTY SERVICES

The website may integrate with third-party services including:

  • Shopify

  • Payment gateways

  • Analytics providers

  • Marketing platforms

  • Shipping providers

Smash Element is not responsible for:

  • Service interruptions

  • Security breaches

  • Third-party content

  • Platform failures

  • Third-party policies

Use of third-party services is at your own risk.

13. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law:

The website, products, and services are provided on an "as is" and "as available" basis.

Smash Element makes no express or implied warranties regarding:

  • Continuous availability

  • Error-free operation

  • Compatibility

  • Fitness for a particular purpose

  • Merchantability

  • Uninterrupted access

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Smash Element, its owners, directors, officers, employees, contractors, agents, affiliates, representatives, successors, and assigns shall not be liable for:

  • Loss of profits

  • Loss of business

  • Loss of revenue

  • Loss of data

  • Business interruption

  • Indirect damages

  • Incidental damages

  • Consequential damages

  • Special damages

Our maximum aggregate liability shall not exceed the amount paid by the customer for the specific product giving rise to the claim.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Smash Element and its affiliates, directors, employees, contractors, and representatives from any claims, damages, liabilities, costs, or expenses arising from:

  • Your misuse of the website

  • Violation of these Terms

  • Violation of applicable laws

  • Infringement of third-party rights

16. FORCE MAJEURE

Smash Element shall not be liable for failure or delay resulting from circumstances beyond reasonable control, including:

  • Natural disasters

  • Internet outages

  • Power failures

  • Strikes

  • Government actions

  • Civil unrest

  • Pandemics

  • Cyberattacks

17. TERMINATION

We reserve the right to suspend or terminate access to the website without notice where:

  • These Terms are violated

  • Fraud is suspected

  • Abuse occurs

  • Security concerns arise

Termination shall not affect accrued rights or obligations.

18. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Any dispute arising from these Terms shall first be addressed through good-faith negotiations.

Where resolution cannot be achieved amicably, disputes shall be submitted to the courts of Kenya.

19. SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions shall remain valid and enforceable.

20. CHANGES TO THESE TERMS

Smash Element reserves the right to modify these Terms at any time.

Updated Terms become effective upon publication on the website.

Continued use of the website constitutes acceptance of any revised Terms.

21. CONTACT INFORMATION

Smash Element

Email: info@smashelement.com

Phone: +254 115 296 693

Website: https://smashelement.com/ 

Address: Nairobi

By accessing or using Smash Element's website and services, you acknowledge that you have read, understood, and agreed to these Terms of Service.