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Soko Makueni counterfeit and prohibited goods policy

What is our counterfeit policy?

Because at Soko Makueni we care about the satisfaction of our customers, we want to make sure that the products we display to them are original. Indeed, in accordance with the regulation, Soko Makueni does not place counterfeit products for sale on its platform.

Besides, sellers face a penalty of KES 20, 000 if they sell products that are not original (so-called counterfeit or fake). 

1. What is a counterfeit product?

A counterfeit product is a product that takes the elements of a known brand (logo, model, design, trademark et al). The purchase and sale of counterfeit goods is prohibited by law.

2. How to make sure you do not sell fake products

  • Do not sell products that look like brand name products.
  • Do not sell products whose name is reminiscent of a major brand.  Example: Nyke for Nike, Nokla for Nokia.
  • Do not sell counterfeit products, whether at the original price or at a lower price. In both cases, this is considered the sale of counterfeit goods.
  • In case your product has no brand indicate the brand as Generic/Fashion.

 3. What happens if a seller sells counterfeit goods?

  • The seller is liable to a penalty of 20,000 KES.
  • If this is repeated 3 times the vendor will be delisted.
  • Soko Makueni randomly checks for potential counterfeit products on the website. If a product is suspected to be a counterfeit, a vendor will be given 48hrs to prove the product is not fake. If the conclusion is the product is fake, the Vendor is charged a penalty.

What is a counterfeit product: spotting counterfeit on and offline!

Counterfeit products are unauthorized replicas of a real product or unauthorized use of brand logos, designs, and intellectual property.

 Spotting a counterfeit online

·         The product listed as generic; but product image bears logos or names of the prohibited brand, or product image is generic and listing is branded

·         Spelling variations in the listed brand name e.g. “Nike” shoes listed as “Nyke”, “Adidas” shoes listed as “Abibas” etc

·         Flawed Fonts and Logos e.g. logo turned upside down, Reshaped, or Missing entirely 

·         Design: The design of the product is inconsistent with the design/Pattern of the original item (as per the official brand website)  

·         Suspicious/unreal discounts/Price

Spotting a counterfeit offline

·         The criteria for spotting counterfeit online also apply to physical inspection, together with:

·         Poor quality product material/finishing/design e.g. faded color, shiny finish, shedding, peeling, worn-out, suspiciously lightweight, hanging threads, bad zipper, rough edges, etc.

·         Poor packaging

·         Phones, laptops, etc. no IMEI number on the physical product or IMEI is inconsistent with the number published on manufacturer’s website the 

·         Cosmetics etc: no/wrong barcodes

 Prohibited & Restricted Products Policy 

Prohibited products are banned from sale on Soko Makueni. The following categories of products are always prohibited from sale on Soko Makueni :  

  • Prescription medicines
  • Medical devices
  • Narcotics
  • Firearms, munitions, and other weapons
  • Currency
  • Used products
  • Hazardous and dangerous products
  • Counterfeit products, as further outlined in the Anti-Counterfeit Policy
  • Restricted products are subject to local licensing and other requirements. Specific restricted products will also vary by market, but could include the following:
  • Products (brands/categories) that are at high risk of counterfeit, and require authentication in order to distribute or sell
  • Products that require local registrations/permits from the relevant food and drugs agency (“FDA”) e.g. foods, alcohol, cosmetics, and tobacco

 FDA regulated products: food and drugs

  • Soko Makueni is not authorized to sell or post or display or offer a platform for the sale of prescription drugs/ medication as it is highly regulated. If a customer buys them on our site and is harmed Soko Makueni could be held liable.
  • Only over-the-counter products may be sold on Soko Makueni  in select categories e.g. ointments, supplements, protein shakes, and these are subject to FDA registration. Soko Makueni  ensures that FDA regulated product categories on the platform are properly registered by:
  • Including in the product listing a mandatory field for insertion of the FDA registration number.
  • Cross-checking the FDA number with the regulator’s database (if publicly accessible).
  • Collaboration with the local regulators in jurisdictions where there is no publicly accessible database: routinely submitting samples of registered numbers for verification and sharing information on sellers who may be in breach
  • Limiting such listings to local sellers and Soko Makueni managed accounts only (i.e. product categories are blocked to all other sellers and in particular Global).