1. Scope and Implementation
a. By accepting these Buyer General Terms & Conditions (the "Buyer Terms and Conditions"), you (the "Buyer") acknowledge and accept that the Buyer Terms and Conditions shall apply to and govern any purchase by the Buyer of products ("Products") listed on the websites and the entire eCommerce application of an online shop named OCTRAMARKET operated by OCTRAMARKET MOBILE SERVICES LIMITED (“OCTRAMARKET”), Nigeria ("Octramarket"); together with the Buyer the ("Parties") under the domain www.octramarket.com operated by OCTRAMARKET MOBILE SERVICES LIMITED (“OCTRAMARKET”) (the "Octramarket"). This Buyer Terms and Conditions are available under www.octramarket.com /buyer-terms-conditions and can be printed out or locally saved.
b. Unless explicitly agreed otherwise by Octramarket in writing, general terms and conditions and/or other contractual documents issued or provided by the Buyer are explicitly waived and excluded. This shall also apply in case the Buyer encloses general terms and conditions or other documents to the order or "order confirmation" or discloses such general terms and conditions or other documents otherwise to Octramarket.
c. The Buyer acknowledges that they are the contracting party for the purchase of Products on the website. Notwithstanding the foregoing, the Buyer acknowledges that all of the products on the website are not offered by Octramarket but are displayed on the website on behalf of a third-party who is known as the Online Vendor.
d. By accepting these Buyer Terms & Conditions, the Buyer confirms that he/she/it is duly authorized and has the contractual capacity to agree to these Buyer Terms & Conditions and to enter into any other purchase contract, as applicable.
e. The Buyer acknowledges that they shall not make any false claim in the course of any transaction.
f. These Buyer Terms & Conditions apply in addition to Octramarket's General Terms and Conditions for the Use of Websites and Marketplaces (the "Website Terms & Conditions"). In case of discrepancies between the Website Terms & Conditions and these Buyer Terms & Conditions, the terms of these Buyer Terms &Conditions shall prevail.
2. Order Process
a. By clicking on the ‘Order’ (or any other similar) button, the Buyer submits a revocable offer to purchase the relevant Product/Goods (the "Order"), with the right of the Buyer to cancel or retract the relevant Order unless the order has been submitted
b. The Buyer hereby acknowledges that such Order is subject to reconfirmation of the purchase price and availability of the relevant Product/Goods by the Online Vendor.
c. Online Vendors reserves the right to reject any Order at his/its sole discretion.
d. The Buyer is expected make a REFUNDABLE deposit equivalent to 100% of the actual price of the product plus delivery full payment into Octramarket account.
e.Once Octramarket confirms payment into its account, the vendor is then dircted to release the product for dispatch.
f.When the Buyer confirms receipt of the EXACT product ordered; the Buyer at this point is required to pay the balance and complete the price of the product.
g. In any situation where the Buyer can validly demonstrate that the Vendor has misled him with the product uploaded on Octramarket and chooses not to accept the product, the deposit and the delivery fee would be returned to the Buyer.
A binding contract for the purchase of any Product shall be deemed concluded upon Online Vendor confirming availability of the ordered product to both Octramarket and the Buyer.
2.3. No Warranties
The Buyer acknowledges and agrees Octramarket shall be exempt from and does not make any implied or express representations or warranties, or provide any guarantees to the Buyer with regard to any sold Product by an Online Vendor.
3. Purchase Price
3.1. Purchase Price Specification
The purchase price for any Product for which a binding contract is concluded in accordance with Section 2.2 (the "Purchase Price") shall be the purchase price indicated in the Order Confirmation message. The Buyer hereby acknowledges that costs associated to the transaction such as taxes, commission and duties shall only be added to the Purchase Price where applicable.
3.2. Delivery Address
The Purchase Price is contingent on the delivery address provided by the Buyer in the Order. The Buyer acknowledges and agrees that any changes to the delivery address may lead to additional costs.
3.3. VAT or similar Taxes
a. For the purpose of these Buyer Terms & Conditions, "VAT" shall mean any value added taxes as per the Nigeria Government VAT directive.
b.All prices indicated on the Site are net of VAT, unless explicitly stated and specified otherwise.
c. In case of any sale being subject to VAT, such VAT will be charged and specified as such on the pro forma invoice issued by the Online Vendor.
d. All VATs and similar taxes payable on transactions on the Site shall be paid by the party responsible for such remittances to Government.
e. In cases where the Government (or any of its legitimate agents) imposes any special taxes on a particular product, such taxes shall be applicable in such transactions, and be paid by the party responsible for such remittances.
In any event the Buyer opt for Octramarket to deliver the product, Buyer shallpay for delivery and transport of the relevant Product from its current location to the place of delivery agreed with the Buyer. This delivery fee must be paid upfront to Octramarket.
4.2. Delivery Date
Octramarket will provide an estimated date range based on the information provided by the Online Vendors for the delivery of the Product to the destination specified in the Confirmation. The Buyer acknowledges and agrees that such date range is an estimate only provided by Octramarket in good faith and made by applying reasonable care and shall under no circumstances be deemed guaranteed. Notwithstanding the foregoing, Octramarket will, however, ensure reasonable efforts to deliver the Product in an adequately short.
5.1. Transport Damages
Especially in cases where Octramarket has been engaged to handle deliveries, disputes on transport damages of the Product must be communicated to Octramarket immediately via our Customer Service immediately and in accordance with the conditions and procedure of the transport insurance policy, available on request for Octramarket to notify the concerned Online Vendors.
5.2. Accuracy of Description
a. Disputes on the accuracy of the description of the product or any other similar disputes must be addressed by e-mail and only to Octramarket
b.Any disputes must be submitted immediately, in no case later than 5 days after delivery of the Product at the delivery address.
c. The Buyer acknowledges and agrees (for the avoidance of doubt) that Octramarket in particular will not accept any disputes relating to defects caused being within the responsibility of the Buyer.
d. The Buyer acknowledges that Octramarket may have certain remedies against Online Vendors in case of any defects of the relevant Product. Without prejudice to Section 2.3 (No Warranties), Octramarket will attempt to investigate and resolve any valid, substantiated and proven defect in dialog with the relevant Online Vendor.
e. Octramarket may, at its full discretion, choose to provide the contact information of any relevant Online Vendor to the Buyer.
f. If and to the extent Octramarket should have any contractual remedies in case of defects of the relevant Product, Octramarket agrees to assign such remedies, provided that it shall be acknowledged and agreed by the Buyer that any recourse by the Buyer shall be only against any relevant Online Vendor and not against Octramarket.
6. Further Provisions
6.1. No Uptime Guarantees
The Buyer acknowledges that Octramarket does not guarantee that the confirmation and eventual transmission of any order shall be absolutely free of errors, and does not guarantee the continuous availability of the product.
6.2. Right to Delist
Octramarket reserves the right to remove any listed product or Online Vendor at any time and for any reason, without liability in case such of delisting.
6.3. Intellectual Property
Any intellectual property on all data generated by or disclosed on the Marketplace shall remain in Octramarket’s exclusive property.
6.4. Guidance only
Any information provided by or disclosed on the Marketplace is provided as guidance only and does not form part of the purchase contract, unless explicitly stated in the Confirmation.
7. Octramarket to apply penalties
In cases where the buyer breaches the terms and conditions in this agreement, Octramarket shall apply relevant sections of this agreement as appropriate penalty.
Specifically, penalties resulting from return of products arising from false claims in any form including but not limited to refusing the delivery of the product for no genuine reason by the buyer shall result into a 10% charged on the value of the products.
8.1. Taxes, Costs and Expenses
a. Unless otherwise provided in these Buyer Terms & Conditions, any and all taxes and other public charges imposed on one of the Parties in connection with these Buyer Terms & Conditions and the transactions contemplated hereby are to be borne by the Party on which such tax or public charge is imposed.
b. Unless otherwise provided in these Buyer Terms & Conditions, each Party shall bear its own costs and expenses arising out of or incurred in connection with these Buyer Terms & Conditions and all transactions contemplated hereby.
a. These Buyer Terms and Conditions (including any amendment of this Section) may be amended only in writing (including by electronic communication).
b.Any deviations from these Terms and Conditions shall be agreed in writing and must be duly signed by an authorized signatory of Octramarket.
c. Octramarket reserves the right to amend these Buyer Terms and Conditions at any time with effect for any future purchases (i.e. purchases for which the Buyer has ot yet submitted an Order).
If any part or provision of these Buyer Terms & Conditions shall be held to be invalid or unenforceable, the other provisions of these Buyer Terms & Conditions shall nonetheless remain valid. In this case, the invalid or unenforceable provision shall be replaced (by court order, as the case may be) by a substitute provision that best reflects the intentions of the invalid or unenforceable provision without being unenforceable. The same shall apply in case of any gap in these Buyer Terms & Conditions.
8.4. Governing Law
These Buyer Terms & Conditions shall be governed by substantive Laws of Federal Republic of Nigeria.
8.5. English Language
These Buyer Terms & Conditions may be translated into other languages; the English version however shall be the superseding and sole legally binding language version.
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration provided for in general terms and conditions, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
By accepting this Buyers agreement the buyer agrees that notwithstanding the provisions in this Buyers agreement, Octramarket operates a marketplace which is open for third-parties i.e. online vendors to sell their products on our website. None of the products listed on the Octramarket Marketplace (Octramarket) are owned or sold by Octramarket, neither are we involved in the actual sale transaction between the buyers and sellers on the Octramarket Marketplace.
The buyer and seller agree that Octramarket would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Octramarket Marketplace.
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