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Competition Terms & Condition
1.General Terms and Conditions Agreement
Welcome to MonAfrique. We would like to familiarize you with our terms and conditions listed below. This is an agreement between you (“you” or “your”) and MonAfrique Lifestyle LTD/ “MonAfrique” or “we” or “our” or “us”) that governs your access to and use of our website(s), (our “site” or “sites” or “marketplace”), products, publications and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms (“TOS” or “Terms” or “T&C”). If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully as this TOS contains several important clauses that relate to your rights and obligations. See the contact us section on how to reach us if you have any questions. We recommend you keep a copy of the TOS for future reference. We may modify the TOS from time to time at our sole discretion. It is your responsibility to stay abreast with updates to the TOS. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
1.1 Eligibility to Enter Contractual Obligations with MonAfrique
You may use our Services only if you can form a binding contract with us, and only as permitted by law. You are not allowed to use our Services if you are a person under the age of eighteen (18). Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
If you are using our Services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.
1.2 Class Action Waiver
Please note that our policy contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
MonAfrique aims to provide a trustworthy user experience and makes reasonable efforts to ensure our artisan partners list and sell items that are true and authentic, in line with this agreement. In this T&Cs , users who sell on the MonAfrique marketplace are considered “sellers or Artisans Partners” while those purchasing items or services are considered “buyers” or “members” or “customers.” MonAfrique serves as a trusted intermediary between retailers and buyers and maintains itself through the service fees. Ultimately, you agree that the MonAfrique marketplace is a venue to allow users, who comply with this agreement transact, and thus is not a party to any agreements between the you and the artisan partner (see section MonAfrique is a Venue).
2 Registration and Account Terms & Conditions
To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also occasionally change the registration requirements. Here are the some of the benefits you’ll be able to enjoy by registering with us for a MonAfrique member account:
Track your orders and review past purchases
Request your return or exchange directly from your account
Build a customized Wish List to create personalized outfits that you can email to friends and family. Plus, you can also print your shopping lists for increased convenience
Add sold out items to your Wish List so you can see if more stock arrives
Save your address and card details so you can shop even quicker next time
Manage your account details, address book and email preferences
To create an account, simply click on SIGN UP and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify MonAfrique immediately of any breach of security or unauthorized use of your account.
If you have forgotten your password, follow the forgotten password instructions on the sign in page. For security reasons we are unable to send your password via email, and you will need to reset your password.
3 Eligibility to Purchase
In order to make purchases on the MonAfrique Marketplace, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details, which you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the Billing information provided, or otherwise authorized by the person referred to in the billing information (See our Payment Section). The MonAfrique marketplace is available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us, whose applications are acceptable to MonAfrique and who have authorized MonAfrique or our approved third party payment processor to process a charge or charges on their credit/debit card or accept bank transfers as a form of payment, through an approved bank, or otherwise through an approved third party payment processor, in the amount of the total purchase price for the merchandise which was purchased. In addition, MonAfrique reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address With the exception of pre-arranged wholesale purchases from approved wholesale buyers, products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit (see our wholesale purchase policy). By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where MonAfrique feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports or bank reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card / bank authorization and to authorize individual purchase transactions. Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud and/or regulatory checks to confirm your identity and to limit the improper use of MonAfrique sites or our other services. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
By accepting these Terms you agree that MonAfrique may collate and analyze data resulting from your use of the MonAfrique Websites and MonAfrique Services. MonAfrique will not sell the resulting information.
MonAfrique will use reasonable endeavours to ensure that unless you agree to the contrary your personal information will not be disclosed to third parties except to the extent required to undertake reasonable verification, (such as mentioned in our Eligibility to Purchase section), necessary to provide the MonAfrique Services or to operate the MonAfrique Marketplace.
iii. You expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to you or to your transactions, including, but not limited to, personally identifiable information to any relevant tax or other governmental or competent regulatory or law enforcement authority or agency that claims to be entitled to such information.
To the extent required by applicable law, MonAfrique shall on request of the relevant registered user delete all information that is personal to that registered user. MonAfrique may however (subject to applicable laws) retain data that may have been obtained by previous interactions with MonAfrique provided that that data cannot be linked to any individual person.
MonAfrique reserves the right to market the results of this automatic data handling, without revealing information that is personal to you.
You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of MonAfrique, including by inappropriately using any MonAfrique intellectual property.
5 Responsibility for your Content
Content that you post using our Services is your content (“Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, mentions, posts from third party sites such as social media, links etc).
However, by using our site and posting your content, you grant MonAfrique a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help MonAfrique function and grow. That way, we won’t infringe any rights you have. Thus, by posting Your content, you grant MonAfrique a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote MonAfrique, or the Services in general, in any formats and through any channels, including across any MonAfrique Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize and consent to our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
We accept the following payment methods: bank transfers, debit and credit card, and payment through PayPal, and our local authorized third party payment services listed on our website. We reserve the right not to accept certain payment methods for a given order and to refer to other payment methods.
Please note that we only accept bank transfer payments from accounts within Nigeria. You are responsible for any costs associated with money transactions.
For credit card purchases, We reserve the right to charge a late payment fee of no less than $100.00 or its equivalent in any other currency, whichever is higher, per reminder or notice, if you default on payment.
You consent to receiving invoices and credits solely in electronic form.
iii. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MonAfrique or via our third party payment processor, or our payment processor doesn’t work, we will not be liable for any delay or non-delivery. You are welcome to get in touch with us or try another payment method.
If you are a registered MonAfrique user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple, and secure, MonAfrique uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site
All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. MonAfrique’s product offerings includes items listed by Artisan Partners that are readily available in the Artisan Partner’s inventory. However, certain items may be listed as “pre-order” or “custom order” whereby the artisan partner may first make your product upon availability, and then ship the product. Such items would be clearly listed on the product details page of the products. Consequently, you may make an Advance Payment for such items. MonAfrique in its capacity as a collecting agent will hold all advanced payments in your interest, until you have received your order. You have 7 days from receipt of your item to request for a refund. Please note some items are non-refundable. Your rights regarding Advance Purchase are the same as those for any other purchase at MonAfrique marketplace (please see our section on MonAfrique as a Limited Collecting Agent and Returns Policy). For orders that are not custom orders, you may simply choose to register your email address for an arrival notification of the selected merchandise that was not currently in an artisan partner’s inventory for immediate delivery.
Items received into the stock of Artisan Partners may be pre-allocated to satisfy Advance Payment orders first. Thus customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that selected Advance Payment merchandise may become undeliverable due to production problems or quality check issues identified. In these circumstances MonAfrique will notify you by email and refund the Advance Payment to your credit/debit card or bank account within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
7.1 Additional Order Terms
Sellers that use the Services are separate businesses from MonAfrique and may have their own additional terms and conditions that apply to the product they offer for sale. Such terms and conditions may be posted in such product’s listing on the Services or otherwise made available on the Services in connection with such product, and you are responsible for reviewing all relevant information available on the Services before buying or bidding on any product. If these Conditions conflict with any seller’s terms and conditions posted on the Services, the seller’s applicable terms and conditions will apply to the extent of the conflict. However, in no event will any seller’s terms and conditions constitute any representation, warranty, or assumption of liability of any kind by us.
7.2 Product Enquiries
The Services may include features that enable you to contact us or the artisan partner regarding property listed on the Services (“Enquiry”). We and the seller will have no obligation to accept or respond to any Enquiry and no liability for any delay or failure to do so.
7.3 Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that MonAfrique has received it. Once your order has been accepted, you will enter a contract with the Artisan partner. MonAfrique will send you an email to confirm when the goods have been dispatched. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of MonAfrique. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&Cs. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the MonAfrique marketplace whether or not that merchandise has been sold, removing, screening or editing any materials or content on the marketplace, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
7.4 Returns Processing
You may return items that were listed as “returnable” during the time of purchase within seven days of such purchase. MonAfrique is unable to offer exchanges at this time. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately. While returns are free, you may incur shipping return charges. Please note you would be responsible for bearing the duty and custom charges on shipping items purchased internationally, unless otherwise stated. All returns should be requested, through your account manager dashboard, before you send your item(s) back to the Artisan Partner, to allow for easy identification and prompt processing. Unidentified returns may not be processed for refund. Please see our detailed returns policy for more information.
8 MonAfrique is a Venue
i MonAfrique agrees to use reasonable endeavours to assess merits of claims and to act in good faith toward Artisan Partners and Customers, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Artisan Partners and Customers or any direction it gives as to the payments to be made to Sellers or Customers in accordance with the preceding Payments and Orders clauses. You also agree that MonAfrique may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the artisan partner.
ii.You agree that MonAfrique Marketplace, listed as www.monafrique.com is a venue and not directly or otherwise involved in the transactions between customers and artisan partners, except to offer non-obligatory services to either party other than to improve the site’s usability. The Services include an online marketplace, applications and tools to buy, inquire about, list, market, offer for sale. All products, property and artwork is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We may facilitate communication or payment between buyers, prospective buyers, and sellers in connection with prospective transactions but we are not privy to any agreement or contract.
iii.However, we are not the agent of any buyer, prospective buyer, or bidder for any purpose, and we are not the agent of any seller for any purpose. As a result, MonAfrique has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of artisan partners to sell items or the ability of customers to pay for items. MonAfrique cannot ensure or guarantee that a buyer or seller will actually complete a transaction. Consequently, MonAfrique cannot and does not transfer legal ownership of items from the seller to the buyer.
You agree that MonAfrique shall under no circumstance be held responsible or liable in any civil or criminal action for any representation of a product listed on MonAfrique or for a product not functioning / appearing as described, or otherwise being unsatisfactory. You agree that MonAfrique is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, artisan partners or outside parties on MonAfrique. You use the MonAfrique marketplace and services at your own risk.
8.1 Customer Protection and off site Transactions
Should an artisan partner or customer offer payment alternatives outside of the platform, MonAfrique is no longer able to extend its assurance on any of its protection services to the artisan partner or customer and reserves the right to disable the artisan partner account as well as the customer’s account and seek recourse for any associated losses incurred as a result of the breach including loss of income arising from the circumvention of its platform.
8.2 Restricted communication with Artisan Partners
Customers should know that unsolicited email and phone communications from Artisan Partners are not permitted, other than as necessary for order fulfillment, and pre-authorized by MonAfrique in writing.
Further, artisan partners are to not provide pre and post sales customer service.
Artisan partners are not to engage buyers in emails, phone calls or marketing communications of any kind, through MonAfrique site, or in shipments.
Please report any Artisan Partner that compels or otherwise attempts to convince you to transact off site. It is in your interest as a customer. Also note you should not disclose financial details or personal details directly to artisan members. If experience any of the above, or notice any suspicious or fraudulent activity please report them to [email protected]
9 Promotional vouchers and their redemption
Promotional vouchers are vouchers that cannot be purchased, but are issued by MonAfrique or an Artisan Partner during advertising campaigns and are valid for a certain period of time.
ii.Promotional vouchers can be redeemed once only in connection with an order, and apply to its applicable eligible products and only within the specified period. Please check the terms and conditions of any promotional voucher before using it as certain Artisan partners or products may be excluded from the promotion and a minimum order value may apply. Promotional vouchers may not be used to purchase gift vouchers; please beware that MonAfrique does not currently issue gift cards.
iii.The value of the items ordered must equal or exceed the value of the promotional voucher. No refund or credit will be given for underspend. If the voucher does not cover the value of the merchandise, the difference can be paid using any of the accepted payment methods. The value of promotional vouchers will not be paid out in cash, nor will it accrue interest. Promotional vouchers will not be refunded if all or some of the items you ordered are returned.
iv.Promotional vouchers can only be redeemed before the ordering process is complete. It is not possible to apply vouchers retrospectively. Promotional vouchers cannot be transferred to third parties. Unless we have agreed otherwise, it is not possible to combine multiple promotional vouchers.
v.If you return items which you bought using a promotional voucher, and, as a result, the total value of your order is less than or equal to the value of the promotional voucher or if you fall below the offer threshold, we will adjust the refund accordingly.
10 Pricing Policy
MonAfrique is a multicurrency site to allow consumers globally transact with ease. Prices shown on the Site are in Naira, GBP, Euros or USD, depending on your browsing location. You will however be billed in accordance with the location on your billing address. MonAfrique may change the currencies listed on its site in its sole discretion. Occasionally, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. If you are a customer whose credit/debit card is not denominated in one of the currencies listed on our site, the final price will be debited in either Naira or Dollar and calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Certain items/products are prohibited in certain countries and geographic locations. It is your responsibility as a customer that you are legally able to receive such products in those locations prior to purchase. Artisan partners may ship items as DDU (Duty Delivered Unpaid) whereby a customer pays for the cost of customs clearance upon delivery, provided this is clearly listed on the product details page. MonAfrique will not be held responsible for customs fees, or the detainment of “prohibited” or otherwise restricted items. We strongly recommend you check with or contact your local customs authority to determine a landed cost price prior to purchase completion.
11 Intellectual Property
As between MonAfrique and all users, MonAfrique owns and retains all rights, title and interest in and to the look and feel, design and organization of our Site and Services, including technology, infrastructure, know-how, design features, methods and materials used to provide, maintain and display the MonAfrique Marketplace.
Your use of our site and services and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MonAfrique software and all HTML and other code contained in this site.
iii. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by iv. MonAfrique and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
11.1Non- Reposting of Intellectual Property
You agree not to repost MonAfrique content on third party site in a manner that infringes on our intellectual property. All proprietary content appearing on MonAfrique may not be manipulated in a way to remove, hide, diminish our mark of proprietary ownership, including our logo favicons. For other content where are mark is not visibly listed, such as original copywrite on product descriptions, you agree to not use MonAfrique edited content on any other site, other than monafrique.com. For further clarification you may not use copywrite, images done by, or on behalf of MonAfrique for use on third party sites, apps, social sharing apps, offline media, publications etc. You agree that breach of this clause constitutes an infringement on our intellectual property. Non-adherence to this policy would result in you bearing any financial costs from any related losses and or general damages and costs incurred by MonAfrique as a result of such of such breach.
11.2No Commercial Use
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site.
By posting you agree to be solely responsible for the content of all information you contribute. You also grant to MonAfrique a right to use any content you provide for its own purposes including republication in any form or media. Comments and/or reviews may be moderated and may take up to 72 hours to be displayed but MonAfrique does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail [email protected] . MonAfrique reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of MonAfrique and we accept no responsibility for any such views expressed in any media.
12.1Content you post
By uploading Content to our Marketplace you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that we receive a complaint or incur any losses in respect of any content posted by you, it shall be your sole responsibility to deal with such a complaint and to indemnify us for any loss suffered. We reserve the right to remove any such offensive Content immediately.
By uploading images to our Marketplace, you agree that we have the right to use your images to promote the MonAfrique Marketplace and/or your products in any external press as well as across all MonAfrique Websites and MonAfrique social media channels.
MonAfrique Marketplace considers any suggestions, ideas, proposals or other material submitted to it by users via the site or otherwise (other than the Content and the tangible items sold on the Site by users), collectively “material” to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. If, at MonAfrique’s request, any customer sends Material to improve the site (for example to customer support), MonAfrique will also consider that Material to be non-confidential and non-proprietary and MonAfrique Marketplace will not be liable for use or disclosure of the Material. Any communication by you to MonAfrique Marketplace is subject to this Agreement. You hereby grant and agree to grant MonAfrique, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
13 Liability and Warranties
You understand that MonAfrique is a venue, and unless otherwise stated, does not manufacture, store or inspect any of the items sold on our marketplace. We provide the venue; the items in our marketplaces are produced, listed and sold directly by independent sellers, so MonAfrique does not make any warranties about their quality, safety, or even legality. Any legal claim related to an item you purchase must be brought directly against the artisan partner selling the item. You release MonAfrique from any claims related to items sold through our services , including for defective items, misrepresentation by sellers, or items that caused physical injury ( such as product liability claims).
13.2Limits on Information Control
As stated in the Eligibility to Purchase section, you agree that MonAfrique, its payment providers and/or other partners may request identity verification from you to help limit improper use of the MonAfrique sites and MonAfrique Marketplace. MonAfrique does not, however, undertake any obligation to you to undertake any such checks and you agree that MonAfrique does not represent, endorse, guarantee or confirm the identity of any user or the accuracy of any content or representation made by any user or otherwise received from (or communicated in connection with or as a result of) any of the MonAfrique sites or MonAfrique Marketplace (and by agreeing to these terms you irrevocably agree that except to the extent otherwise expressly agreed by MonAfrique you waive any entitlement to claim reliance on any such representation, endorsement, guarantee or confirmation).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. MonAfrique is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Third Party Sites & Services
To the fullest extent permitted by applicable law, you release the MonAfrique parties from all claims, demands, suits, damages (actual and consequential), losses, liabilities, and expenses (including attorneys’ fees), of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with: (i) any disputes between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services; (ii) any user content or conduct, performance or non-performance (whether online or offline) of any other user or other third party in any way connected with our services, including any defamatory, misleading, offensive or unlawful conduct or user content, or any unauthorized access to or use of our services, your account or your user content and/or information; (iii) any artwork or other property exhibited, listed, marketed, offered for sale, or sold (whether online or offline) by any other user or other third party on, through, or in any way connected with our services; or (iv) any communications, interactions or meetings (whether in person, online or otherwise) between you and one (1) or more other users or other third parties resulting directly or indirectly from your use of our services. you expressly waive any benefits or protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of entering into this release.
13.3Limits on Liability
13.4MonAfrique as a Limited Payment Collecting Agent
Each MonAfrique customers acknowledges and agrees that, MonAfrique is not a party to the agreement between you and the Artisan partner, but MonAfrique acts as the Artisan partners payment collection agent for the limited purpose of accepting payments from you on behalf of the Artisan partner. Upon your payment of the funds to MonAfrique, your payment obligation to the Artisan partner for the agreed upon amount is extinguished, and MonAfrique is responsible for remitting the funds to the Artisan partner in the manner described in these Payments Terms, which constitute MonAfrique’ agreement with the MonAfrique customer.
You agree that MonAfrique is not responsibile or liability in respect of any failing by a payment processor or authorized payment agent.
You agree that MonAfrique’s liability to you as a customer who has purchased on the site, is limited to the commission paid to MonAfrique, off of the purchase price listed on the site, to which the relevant claim relates, in the six months before the event giving rise to such liability.
13.5Feedback and Idea Submissions:
MonAfrique Marketplace considers any suggestions, ideas, proposals or other material submitted to it by users via the site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. If, at MonAfrique’s request, any partner/customer sends Material to improve the site (for example to customer support), MonAfrique will also consider that Material to be non-confidential and non-proprietary and MonAfrique will not be liable for use or disclosure of the Material. Any communication by you to MonAfrique is subject to this Agreement. You hereby grant and agree to grant MonAfrique, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
14 No Agency
You and MonAfrique are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree to indemnify and hold MonAfrique and (as applicable) MonAfrique’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party
At our request, you agree to compensate us fully, defend us, and hold MonAfrique harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
If any provision of this Agreement is held unenforceable, void or invalid, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
17 No Waiver
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
18 Modifications to the MonAfrique Marketplace and this Agreement
MonAfrique reserves the right to modify or terminate the MonAfrique service for any reason, without notice, at any time. If you do not agree with these changes you must cease to use our site and our services. You will still be obligated to fulfill any liabilities and prior claims made against you, or pay any fees owed by you, fulfil outstanding shipments on orders placed prior to the change in Terms. To be clear, changes to “Governing Law” section will not apply to claims that accrue prior to the effective date of the changes, which will continue to be governed by the version of “Governing Law” that was effective upon accrual of the claim. The foregoing does not, however, negate any other termination rights held by either party.
MonAfrique has the right in its sole discretion to determine the content, appearance, design, functionality and other aspects of the MonAfrique Marketplace, including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the MonAfrique Marketplace and any element, aspect, portion or feature thereof (including any product listings). MonAfrique also has the right to cease providing to you access to the MonAfrique Marketplace at any time and without notice or to delay, halt any transaction, suspend the listing or de-list any of your products, or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items.
Unless exempt by law, the customer is required to pay all sales and use taxes, VAT, and any other transactional taxes or levies related to the purchase of property by the customer
You may stop using our Services at any time, subject to fulfilling any prior agreements between you and us.
21 Governing Law
This Agreement and will be construed, interpreted, and applied in accordance with the laws of the Federal Republic of Nigeria. In case of conflicting provisions in the body of this Agreement and the Annexes, they shall be governed by the Laws of the Federal Republic of Nigeria and Common Law applicable in Nigerian Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
21.1Class Action Waiver
Any arbitration or litigation under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and MonAfrique are each waiving the right to trial by jury or to participate in a class action or class arbitration. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party
All disputes, nature of disputes , arbitrations shall remain confidential and settled confidentially.
22 Refund Policy
Our returns policy is straightforward. If you received an item that is clearly not as described or faulty, due to no damage or otherwise interference or mishandling from you, you will be issued a refund. We may ask for validating evidence and reserve the right to assess each returns claim. Artisan partners are to ensure the products listed are well represented, as described or accurate. If you have any questions about a product before purchasing, ask our customer service team beforehand and we’ll be happy to help. This will save you time and money, and you can be sure to only buy the products you will love.
If you change your mind about a product, MonAfrique will refund you the cost of the item minus the shipping cost both ways and other transaction and third party processing fees, including payment transaction fees. The amount refunded may not be the same due to currency fluctuations at time of refund. Just as we would like you to buy quality products, we also need to protect our sellers too, so be sure to ship the item within the return period for that specific item. Once the item has been received by the seller, in its original and complete packaging and conditions, and without any damage, or wear and tear or alterations of any sort (including washing), you’ll receive a refund for the product price.
Some items or product categories are non-refundable. These include:
Items marked non returnable such as Artwork or custom orders
Items purchased as part of a bundle discount rate ( unless you return the entire bundle in their original packaging and state)
Already used items but unfaulty product (we guard the integrity of our marketplace and if you return an already used item, we will be unable to provide you with a refund).
Items marked as non returnable when the seal is broken
Art and antiques sales are final.
22.1Other special items have special return conditions, these include:
These special pieces require special care, and only pre-authorized logistics arrangements may be permitted to transport them. We advise you to be present while the item is being delivered so you could note any damages if any, then. Should you observe significant damage to the product’s outer packaging, please reject the shipment and have the courier return it. If there is minor damage to the packaging, please indicate this when you sign for the shipment. Please notify us by email at [email protected] for how to return such special items.
22.2Damaged, Missing or Incorrect products
We strongly advise you inspect your item upon delivery. In the following instances, MonAfrique will refund your money and work to get you the product you wished for, at no additional cost to you, provided you notify within the time allowable refund time for such an item:
you receive an item that is damaged or different than what you ordered,
you don’t receive an order at all (because the artisan never shipped the item, not because the logistics company did not deliver the product in question )
22.3Items that shipped later than expected
If an item ships and arrives much later than expected, save in the causes of force majeures or extenuating circumstances on the side of the Artisan Partner or logistics company, we will review on a case by case basis to investigate the cause of late arrival. In certain instances you may be able to request a full refund for your product. Your refund will be issued once the item has been returned to the artisan partner. Please note however, that bespoke / custom orders may require additional time – rest assured, we would do our best to get you your order or provide your money back
We strongly encourage you to be present when your items are being delivered by our authorized logistics partners. We require authorized signatures for items to be delivered, and artisan partners are requested to choose delivery methods requiring signatures upon receipt. If you do not receive an item that has been marked as delivered by the logistics company, we will do our best to help you locate the item. Please note that MonAfrique’s does not have any further liability to ensure packages are delivered by our partner logistics company.
In some cases where you’re ineligible for a refund by means of original payment, we’ll offer you store credit, For example when returning the product would cost one or more parties involved, much more than the value of the item, we may offer you store credit in place of a refund. Store credit may not be redeemed for cash and is non transferrable or sellable. It also may not apply to certain products.
Nothing in this return policy holds MonAfrique liable for costs incurred or lost due to refund claims. Ultimately, MonAfrique will review refund requests on a case by case basis. MonAfrique may in its sole discretion exercise reasonable judgment and act in good faith to resolve refund requests. Whereby at our sole discretion, MonAfrique finds that the statements outlined here in our refunds policy, to not be a suitable remedy, you agree and allow MonAfrique to use its sole discretion to determine a suitable remedy.
Ultimately, we want you to love your products. If there’s something wrong, we’ll try to fix it. We want to protect the shopping experience for everyone, so we remove products that repeatedly let our clients down. We would also prevent buyers with unusually high return rates from purchasing on the site.
22.5Processing of Refunds
MonAfrique will endeavour to make refunds to customers through the same payment facility through which the payment was originally made. Where it is not possible to make such a refund, it may require other verification before the refund can be processed. The customer agrees to bear the cost of currency exchanges and risks in fluctuations in currency exchange rates, and other associated transaction / payment processing costs.
ii.By accepting these TOCs you agree that if MonAfrique has followed the processes mentioned above in good faith it shall have no further or other liability or obligation to you.
iii. MonAfrique has no responsibility or liability in respect of any failing by a payment processor or authorised agent.
It is important that if, as a customer you are not satisfied with a product, you notify MonAfrique within seven (7) days of purchase. Once the seven days have elapsed, MonAfrique shall be unable to offer customers any remedy.
v.If you reside in the European Union, or United Kingdom and Ireland, you acknowledge and agree that your statutory right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, is not applicable to MonAfrique Marketplace or any of its Services.
23 Dispute Resolution
Following receipt of a refund request MonAfrique may direct that an amount up to the entire value of the Transaction Fees paid by the Customer (less payment transaction costs and any third-party agency fees that MonAfrique is not entitled to recover) is refunded to the Customer. If, however, MonAfrique believes that the complaint is without merit, of limited merit or that MonAfrique is not able to assess the merit of the complaint, then MonAfrique may direct that the whole or any part of the Transaction Fees are paid to the Artisan Partner and/ or that the balance (if any) is withheld pending resolution of the dispute between the relevant Artisan Partner and the Customer.
If no such resolution has been reached within 6 (six) months, MonAfrique may direct that 50% of the disputed element of the Artisan Partner’s Charges is paid to the Artisan Partner and that 50% of the disputed element of the Artisan Partner’s Charges is paid to the Customer (and the MonAfrique Fees shall be paid to MonAfrique) or may make such other arrangements as then determined to be appropriate.
MonAfrique shall have no further or other liability or responsibility to the Artisan Partner and Customer in respect of any such claim to be refunded. You agree to abide by decisions made by MonAfrique (even if the decision appears perverse to you).
MonAfrique agrees to use reasonable endeavours to assess merits of claims and to act in good faith toward Customers and Artisan Partners, however you agree that it has no responsibility or liability to you for any assessment it makes in relation to the merits of any claim between Customers and Artisan Partners or any direction it gives as to the payments to be made to Customers or Artisan Partners in accordance with this clause 8 and you also agree that MonAfrique may make or decline refunds and payments pursuant to these T&Cs and that if and to the extent it does so it shall have no further liability or obligation to you or the Artisan Partner or Customer
24 Wholesale Purchase Policy
We permit the purchased of bulk wholesale purchases intended for resale for customers who have previously notified us and to whom we have given permission to purchase bulk orders at our site. We may restrict the purchase of repeat purchases of the same item to non-registered bulk buyers.
25 Artwork Sales
Unless exempt by law, the buyer is required to pay all sales and use taxes, VAT, export and/or import taxes and duties, and any other transactional taxes or levies related to the purchase of property by the buyer. The buyer is required to pay the seller any taxes as the seller is required to collect, but the failure of the seller to collect any taxes from the buyer will not relieve the buyer’s obligation to pay them. Buyers claiming exemption from any tax are responsible for providing proper documentation. Any delay in obtaining or failure to obtain any relevant documentation or a refund of any tax will not justify the cancellation of any sale or any delay in paying the Total Purchase Price by the Payment Deadline. Unless expressly otherwise indicated, all prices listed on the Services are exclusive of taxes, and applicable taxes may be collected from the buyer in addition to any listed price.
25.2Shipping and Handling
The buyer is required to pay all shipping, packing, and transit insurance fees and costs for purchased property. We may, but are not obligated to, provide support in the shipping process, such as facilitating communication or payment between buyers and shippers, or recommending third-party service providers. However, any such support or recommendations are for convenience only and do not constitute or imply any representation, warranty, or assumption of liability of any kind by us. We are not the agent of any buyer, seller or third party in connection with the shipping, packing or handling of any property. We do not control and are not liable or responsible for the acts, omissions or policies of the seller or any third party in connection with the shipping, packing or handling of any property, whether or not recommended by us. Unless we specifically agree otherwise in writing with respect to certain property, we have no responsibility for the delivery of any purchased property.
The buyer must not re-offer any purchased property for sale until the buyer has paid for the property in full and has otherwise assumed legal ownership and physical possession of the property subject to these Conditions.
25.4Remedies for Non-Payment.
If the buyer for any reason cancels any payment made by credit card or otherwise fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer will be in default (“Buyer Default”) and will be liable for payment of such Total Purchase Price and any other applicable charges. In the event of Buyer Default in connection with any property, without limiting any other rights or remedies available to us or the seller (whether at law, in equity, or under these Conditions), the seller may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller thinks fit, and the defaulting buyer will be liable for payment of any deficiency between the resale price obtained by the seller and the purchase price originally owed by the defaulting buyer. In any case, the defaulting buyer will be liable to us and the seller for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from the defaulting buyer, and/or (if applicable) the resale of the property at issue. In addition, if the buyer for any reason fails to pay the Total Purchase Price with respect to any property by the Payment Deadline, the buyer irrevocably authorizes us, at our option, to charge the buyer for any outstanding portion of such Total Purchase Price using any credit card information the buyer has provided on the Services, whether or not the buyer provided such credit card information in connection with the sale at issue.
25.5Export and Import Licenses and Other Restrictions
Prospective buyers are advised that: (i) some countries may prohibit or require a license or permit in order to export or import some property, including but not limited to property containing material from endangered or other protected plant or animal species; (ii) cross-border deliveries are subject to opening and inspection by customs authorities; (iii) the laws of some countries may prohibit the resale of some property once it is imported into those countries; and (iv) some countries may reserve the right to purchase some property exported from those countries (sometimes called a “right of preemption”). None of MonAfrique and our officers, owners, directors, consultants, agents, and employees (collectively, the “MonAfrique Parties”) or the seller makes any representations or warranties as to whether any property is or is not subject to any such laws or restrictions. It is solely the buyer’s responsibility to determine and obtain at its own cost any necessary export and/or import licenses and other required permits for purchased property. Unless the buyer and the seller agree otherwise, a delay in obtaining or failure to obtain any required license or permit will not justify the cancellation of any sale or any delay in paying the Total Purchase Price with respect to any property. None of the MonAfrique Parties or the seller will be liable for any damage or loss resulting directly or indirectly from any confiscation of purchased property, transportation restriction, or other action taken by any government or public authority.
25.6 AUTHORSHIP WARRANTY
The seller warrants to the buyer for a period of two (2) years from the sale date that if the property sold by the seller in an auction or via Online Purchase is described as of the sale date in the property listing on the Services in Bold or UPPER CASE type to be the work of a named authorship without qualification, then the property is authentic and is not a forgery (“Authorship Warranty” or “Museum certificate”/ “Certificate of Authenticity” from a national governmental agency dealing with such cases). This Authorship Warranty is subject to the following terms and conditions: (i) it does not apply to property whose description of authorship on the Services as of the sale date corresponded with the generally accepted opinion of scholars or experts or indicated that there was a conflict of opinions; (ii) it does not apply to property whose authorship as described on the Services as of the sale date is proved inaccurate by means of a scientific process not generally accepted for use until after the sale date or a process which as of the sale date was unreasonably expensive or impractical or likely to have caused damage to the property; (iii) the benefits of the Authorship Warranty are not transferable and apply only to the original buyer of record, and not to their successors or assigns or any other party; and (iv) “authorship” means only the creator of the property, or the period, culture, source or origin of the property, as the case may be, as described in the property listing on the Services.
25.7Cancellation and Refund.
The seller agrees to cancel the sale and refund the purchase price of the property to the buyer subject to the following terms and conditions: (i) the buyer must notify the seller in writing within sixty (60) days after the buyer first receives any information leading to the belief that the Authorship Warranty has been breached, in any case within five (5) years after the original sale date, and must provide such information to the seller; (ii) the buyer must have remained the owner of the property without disposing of any interest in it to any third party; and (iii) the buyer must return the property to the seller in the same condition it was in as of the original sale date. The seller reserves the right, as a condition to cancelling any sale under the Authorship Warranty, to require that the buyer obtain, at the buyer’s expense, the written opinions of two (2) independent and recognized experts in the field mutually acceptable to the buyer and the seller. The seller will not be bound by any expert opinions produced by the buyer and reserves the right to obtain additional expert opinions at the seller’s own expense. The activities described in this paragraph will be conducted solely by the buyer and the seller. We will have no responsibility to the buyer or the seller in these regards.
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