Terms and Conditions

Last Updated: [21st, Oct 2024]

Welcome to BuyNaijaMade! These Terms of Use (the “Terms”) constitute a binding and enforceable legal agreement between you (“User”, “you”, or “your”) and BuyNaijaMade, its affiliated companies (collectively, the “Administrator”, “we”, “us”, or “our”). Please read these Terms carefully before accessing or using our website https://buynaijamade.com (the “Platform”) and the services available through it (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms, our Buyer Terms and Conditions, Vendor Terms and Conditions, Privacy Policy and our Refund and Returns Policy. If you do not agree with any part of these Terms, do not access or use the Service.

1. Acceptance of the Terms

These Terms govern your access to and use of the Platform and Service. By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Definitions

  • Administrator: Refers to BuyNaijaMade and its affiliated companies.
  • User: Any individual or entity accessing or using the Platform and Service.
  • Buyer: A User who purchases products through the Platform.
  • Seller/Vendor: A User who lists and sells products through the Platform.
  • Content: Any information, text, graphics, or other material uploaded, posted, or otherwise made available through the Platform.
  • Order: A transaction where a Buyer purchases a product from a Seller through the Platform.

3. Understanding BuyNaijaMade’s Role

BuyNaijaMade serves as an online marketplace that connects Buyers with Sellers, facilitating the discovery and purchase of Nigerian-made products. It is essential to understand the extent of our role to ensure a transparent and trustworthy shopping environment.

Key Points:

  • Marketplace Platform: BuyNaijaMade facilitates the discovery and purchase of unique goods directly from independent Sellers.
  • Not a Direct Buyer or Seller: We are not involved in the transactions between Buyers and Sellers. All purchases are made directly with the Sellers.
  • Item Screening: BuyNaijaMade does not pre-screen items sold on our Platform and does not guarantee or endorse any products or content posted by Sellers.
  • Seller Autonomy: Each Seller manages their own processing times, delivery methods, and shop policies. It is the Seller’s responsibility to review and adhere to these before listing items.
  • Custom Orders: Sellers are responsible for providing accurate materials and specifications for any custom orders.

4. Account Registration

To access certain features of the Service, you may need to create an account (the “Account”). You agree to:

  • Provide Accurate Information: Ensure that all information provided during registration is accurate, current, and complete.
  • Maintain Confidentiality: Safeguard your Account credentials and notify us immediately of any unauthorized use.
  • Single Account: Only one Account per individual is allowed. Multiple Accounts may result in suspension or termination.
  • Age Requirement: You must be at least 18 years old to create an Account. Minors must use the Service under the supervision of a parent or legal guardian.

We reserve the right to suspend or terminate your Account if you breach these Terms.

5. Your Content

Responsibility for Your Content

You are solely responsible for all content you post, upload, or otherwise make available through the Service (“Your Content”). This includes but is not limited to shop names, profile pictures, listing photos, descriptions, reviews, comments, and videos.

Permission to Use Your Content

By posting Your Content, you grant BuyNaijaMade a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and promoting the Service.

Prohibited Content

You agree not to post any content that:

  • Contains hateful, derogatory, or discriminatory language or imagery.
  • Includes threats, harassment, extortion, or violates our Anti-Discrimination Policy.
  • Infringes upon any third-party intellectual property rights.
  • Is false, deceptive, or misleading.
  • Contains unsolicited advertising, spam, or promotional material.
  • Shares private or personal information without consent.
  • Encourages or facilitates evasion of the BuyNaijaMade checkout process.
  • Contains prohibited medical drug claims or violates our Prohibited Items Policy.

We reserve the right to remove any content that violates these Terms or our policies.

6. User Representations and Warranties

By using the Service, you represent and warrant that:

  1. Legal Capacity: You have the legal capacity to enter into these Terms.
  2. Authority: If you are registering on behalf of a company, you have the authority to bind that company to these Terms.
  3. Eligibility: You are at least 18 years old or using the Service under the supervision of a parent or legal guardian.
  4. Accurate Information: All information provided in your Account is true, accurate, and complete.
  5. Security: You will maintain the confidentiality of your Account credentials and notify us of any unauthorized access.
  6. Compliance: You will use the Service in compliance with all applicable laws, regulations, and these Terms.
  7. No Prohibited Items: You will not list, sell, or distribute any prohibited items as defined in our Prohibited Items Policy.
  8. Intellectual Property: You have the necessary rights and permissions to post and sell the items you list on the Platform.

7. Indemnity

You agree to indemnify, defend, and hold harmless BuyNaijaMade, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:

  • Your use or misuse of the Service.
  • Your violation of these Terms.
  • Your violation of any rights of a third party, including intellectual property rights.

8. Warranties and Limitation of Liability

Items You Purchase

BuyNaijaMade does not manufacture, store, or inspect items sold through the Service. We do not guarantee the quality, safety, authenticity, or legality of any goods or services listed. Any claims related to items purchased must be directed to the respective Seller.

Content You Access

We are not responsible for the accuracy, legality, or decency of content posted by users. You release BuyNaijaMade from any liability related to such content.

People You Interact With

We do not screen users and are not liable for interactions between users. Exercise caution when interacting with others.

Third-Party Services

The Service may contain links to third-party websites or services. We do not control these and are not responsible for their content or practices. Your use of third-party services is at your own risk.

Limitation of Liability

In no event shall BuyNaijaMade, nor its affiliates, directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Service.
  • Any unauthorized access to or alteration of your transmissions or data.
  • Any content obtained from the Service.
  • Any other matter relating to the Service.

9. Intellectual Property Rights

User Content

You retain ownership of Your Content but grant BuyNaijaMade the license described in Section 5. You represent that you have all necessary rights to grant this license.

Administrator Content

All materials on the Platform, except those posted by users, including texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, trademarks, service marks, and logos (“Materials” and “Marks”), are owned by or licensed to BuyNaijaMade. Unauthorized use of these Materials or Marks is prohibited.

Reporting Intellectual Property Violations

If you believe your intellectual property rights have been infringed, please submit a claim to support@buynaijamade.com.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes arising out of or in connection with these Terms shall be resolved through arbitration in Lagos, Nigeria, in English, under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria.

11. Miscellaneous Provisions

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  • Assignment: We may transfer our rights and obligations under these Terms to any third party without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Entire Agreement: These Terms, along with our Buyer Terms and Conditions, Vendor Terms and Conditions, and Refund and Returns Policy, constitute the entire agreement between you and BuyNaijaMade regarding the use of the Service.

12. Contact Information

If you have any questions, concerns, or require assistance regarding these Terms, please contact us at:

Our customer service team is available to help you with any issues you may encounter while using BuyNaijaMade.