Terms & Conditions
By using our services, you agree to be bound by these terms, which shall take effect immediately on your first use of one of our online services. If you do not agree to be bound by all of the following terms, please do not access, use and/or contribute to any of our services.
This is a legal statement between you (the User, Owner/Seller) and Oojaonline. Oojaonline, at its sole discretion, may ban from further use any Seller who Oojaonline believes to have, in any way, misrepresented itself or any item selling, conducted any improper auction behavior as determined solely by Oojaonline. Any Seller who misrepresents their items and any Buyer who improperly fails to carry through with a purchase will be banned from any further use of the auction Site and may be subject to additional legal actions.
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
Inspection/Description of Items
It is the responsibility of the buyer to have inspected thoroughly the product and to have satisfied him or herself as to its condition and value of the product.
All items are sold “as is, where is” with no warranty, either expressed or implied. Oojaonline shall not be responsible for the correct description, authenticity, genuineness, or defect in any lot and makes no warranty in connection therewith. No allowance, refund or set aside will be made on account of any incorrectness, error, imperfection, defect or damage. Any descriptions or representations are for identification purposes only and are not to be construed as a warranty of any type.
Transportation from Seller to Buyer
Buyer is responsible for cost and arrangements for transportation of an item from Seller to Buyer. All items that are to be inspected or collected are collected or inspected at your own risk.
Goods can only be delivered to your registered postal address and this address cannot be changed after the conclusion of the sale. In such circumstances, Oojaonline accepts no responsibility for undelivered or misplaced items.
• Buyer may use a designated courier company recommended by oojaonline or source his/her own. Where a designated courier is used and agreed with the seller, buyer must explore all options to ship he/her goods satisfactorily. Oojaonline will not be a party to and be excluded from any damages.
Code of Conduct; Prohibited Activities
In using the website, you must behave in a civil and respectful manner at all times. Further, you will not:
• Harass or stalk any other person;
• Harm or exploit minors;
• Act in a deceptive manner by, among other things, impersonating any person;
• Collect information about others;
• You will not express or imply that any statements you make are endorsed by Oojaonline without our specific prior written consent;
• You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
• You will not interfere with or disrupt the services or the site or the servers or networks.
• Oojaonline has the right, but not the obligation, to monitor all conduct on and content submitted to Oojaonline or the website.
Payment and Pricing
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
USE OF VOUCHER CODES
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
The Content contained on the Oojaonline with the exception of User Submissions including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Oojaonline, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Account Termination Policy
• A User's access to the Website will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
• The Website reserves the right to decide whether Content or if a User's Submission is appropriate and complies with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. The website may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE OOJAONLINE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OOJAONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OOJAONLINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Oojaonline WEBSITE. Oojaonline DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Oojaonline WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OOJAONLINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OOJAONLINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability
IN NO EVENT SHALL OOJAONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OOJAONLINE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT OOJAONLINE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Oojaonline, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the Oojaonline Website;
• your violation of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, property, or privacy right; or
• Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Oojaonline Website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
Seller will not hold Oojaonline responsible for any loss you may incur due to us enforcing any of our policies. Seller accepts sole responsibility for the legality of your actions under laws applying to you.
• Oojaonline cannot guarantee the continuous or secure access to our site, we use all reasonable methods to maintain an uninterrupted service but offer no guarantee or promises.
• Nothing in this agreement shall limit or exclude our liability for fraudulent, misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any of the liability that cannot be limited or excluded by law.
• Sellers must understand and follow all laws and regulations.
User Responsibilities and Cautions
Oojaonline will not be responsible for and has no control concerning the availability, quality, safety or legality of the items or services listed or advertised on our site. We cannot warrant the truth or accuracy of listings, images, the ability of users, buy or sell, or the ability of users to complete any transactions initiated by using our site.
• Buyers are cautioned of the potential risks in dealing with underage persons, foreign nationals, or those with fraudulent intentions.
• Oojaonline.com cannot and will not be involved in User-to-User dealings, in the event of any dispute with one or more users, you release Oojaonline, our agents and employees from claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes.
Buyer and Oojaonline are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by Our Policies and User Agreement.
No disappointment or postponement by any gathering to practice any right, power or cure will work as a waiver of it nor show any goal to decrease that or whatever other right later on. Any correspondence to be served on either party by the other might be conveyed by hand or sent by top-notch post or recorded conveyance or by email.
Oojaonline may terminate your User eligibility and any of your current auctions immediately if you breach these policies or if we are unable to verify or authenticate any information you provide to us.
This Agreement shall be governed by and construed in accordance with the laws of Nigeria, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in the appropriate jurisdiction. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
This Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to hereinbelow as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions. This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, [oojaonline] and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or maybe, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and [oojaonline] may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have on this Website are confidential and you must maintain the confidentiality of such information.
This Website is provided “as is,” with all faults, and [oojaonline] makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
Limitation of liability.
In no event shall [oojaonline], nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and [oojaonline], including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent [oojaonline] from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms.
[oojaonline] is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.
[oojaonline] shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between [oojaonline] and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
Refund Policy - Refer sellers' terms
SALES TRANSACTION AGREEMENT
This Basic Sales Transaction Agreement (this “Agreement”) is entered into effective
(the “Effective Date”) between Oojaonline, (“Seller”) and [______] (“Buyer”) (collectively the “Parties” or individually a “Party”).
Buyer desires to purchase [Products] from Seller from time to time based on Individual Contracts (as defined below), and Seller desires to sell such products to Buyer in such manner;
NOW, THEREFORE, the Parties mutually agree to enter into this Agreement in accordance with the terms and conditions stated herein.
Article 1. Definitions
For purposes of this Agreement, the following terms shall have the following meanings:
1.1 “Delivery Date” shall have the meaning set forth in Article 5.1.
1.2 “Individual Contract” shall have the meaning set forth in Article 2.3.
1.3 “Products” shall mean any of manufactured products which provided by Seller.
1.4 “Purchase Order” shall have the meaning set forth in Article 2.2
Article 2. Sale of Products/Individual Contracts
2.1 Buyer shall purchase from Seller and Seller shall sell to Buyer the Products. Each Specification of Products performed through the execution of individual contracts as explained below.
2.2 From time to time, Buyer will place orders for Products to Seller by entering an Inquiry form, specifying the required fields including, Name of Products, quantities, budget in currency desired by Buyer, Delivery Date, ship-to address, carrier if desired, etc. Seller will present a quotation to Buyer, by ordering on Oojaonline. Buyer shall inform to Seller whether or not it is able to accept each order within [thirty] days after its receipt of the quotation. If Buyer accepts a quotation, it shall send to Seller a (“Purchase Order”) to show the acceptance that confirms all particulars of the order, including but not limited to Name of Products, quantities, budget in currency desired by Buyer, Delivery Date, ship-to address, etc. Seller sends written acknowledgment of individual contracts than to become effective.
2.3 The Parties intend for this Agreement to set forth terms and conditions applicable to all (“Individual Contracts”). Therefore, the terms and conditions of this Agreement shall be deemed to be incorporated into each Individual Contract.
For any given Individual Contract, if the Parties mutually desire to apply terms
and conditions that are inconsistent with those in this Agreement, they shall state such terms and conditions in the Purchase Order and Purchase Order Acceptance for the subject Individual Contract, and such terms and conditions will supersede those in this Agreement as to the subject Individual Contract.
Article 3. Deliveries and Inspection
3.1 Seller shall deliver the Products under the Individual Contracts to the carrier designated by Buyer at the point of delivery designated in the Individual Contract on or before the promised delivery date. On or before the date the Products are delivered to the carrier (the “Delivery Date”). Seller will send the Product only after the written acknowledgment from Buyer has received. Seller shall inform the actual date of the Products were sent an estimated arrival date to Buyer by email as soon as possible but in no event less than [one] business day.
3.2 Upon Buyer's receipt at its ship-to address [●●] of the Products for an Individual Contract, Buyer shall conduct a visual inspection of the Product(s). If, as a result of the visual inspection, Buyer discovers a defect in the delivery (e. g. wrong quantity, wrong Product), it shall inform Seller of the defect within [three] business days after its receipt of the Products, and Seller shall thereby promptly remedy the situation, at its own expense. Any defects that cannot be ascertained by a visual inspection (e.g. defects that become apparent only upon the use of the Product) shall be subject to the applicable Seller warranty.
3.3 All items sold on, Oojaonlin under certain conditions can be returned within a period of 7 days from delivery date.
Example: If I received my product on Monday 5th, I have until next Sunday 12th to contact Customer Service.
3.4 Requirement for a valid procedure
• Proof of purchase (order number, invoice, etc)
• Reason for return has to be valid and return acceptance conditions met (check out below)
• Return method
• Refund method that you would like and the necessary information associated (bank account number, etc.)
• Return form returned with the product
NOTE: You have 7 days to notify Customer Support of the Seller of intention to return online or by calling Customer Service, from the day you received your purchase.
• For defective items, note that you have 7 days to return your product. After this period, we do not accept returns.
Article 4. Payment and Shipping
4.1 Payment shall be made by credit card in which PayPal acceptable, or by telegraphic transfer to a bank account designated by Seller. Each Party shall be responsible for any fees charged by its bank in connection with such telegraphic transfers.
The delivery time is usually between 6 to 20 days.
• 80% of orders delivered in 6 to 15 days
• 15% of orders delivered in 16 to 20 days
• 5% of orders take more than 20 days to ship; when this happens it is linked to customs clearance abnormal delays.
4.2 All sales, consumption, value-added, or similar taxes assessed in connection with the sales of Products under this Agreement will be the responsibility of Buyer.
Article 5. Term and Termination
5.1 This Agreement shall be effective from the Effective Date for an initial term of
Two years. Thereafter, it shall be automatically renewed for successive one-year renewal terms, unless either Party provides notice of non-renewal to the other Party at least 15 days prior to the end of the initial term or any subsequent renewal term. The term of this Agreement shall be subject to the termination provisions listed below.
5.2 If either Party commits a material breach of any of its obligations under this Agreement and fails to correct such breach within 14 days after receiving notice of the breach from the non-breaching Party, the non-breaching Party shall have the right to terminate this Agreement effective immediately upon written notice to the breaching Party. However, any such notice of termination must be given by the non-breaching Party within 14 days after the expiration of the 30-day period referenced above. If not given within that time, the non-breaching Party's right to terminate this Agreement by reason of that particular breach shall lapse.
5.3 If either Party is not able to perform its obligations under this Agreement due to a force majeure as described in Article 15 and such force majeure continues in effect for more than one month, the other Party shall have the right to terminate this Agreement effective immediately upon written notice to the non-performing Party.
5.4 At the time of the expiration or termination of this Agreement for any reason, if any Individual Contracts have been entered into but not yet delivered and/or paid for, such Individual Contracts shall not be affected by the expiration or termination of this Agreement and shall continue in effect.
Article6. Warranty and Limitation of Liability
6.1 Seller warrants that the Products will conform to the specifications and descriptions of features specified in its Individual Contracts for a period of thirty days starting from the Delivery Date. SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 Any claim by Buyer alleging a breach of the above warranty shall be made within three after the Delivery Date, in relation to a breach that occurred during the above-referenced warranty period. Buyer's sole remedy for any such breach of warranty shall be, at the option of Seller, (i) repair of the Product to cause it to conform to the warranty, or (ii) a replacement Product that conforms to the warranty. Any alleged breach of warranty that cannot be duplicated or otherwise objectively confirmed by Seller shall be deemed to not be a breach of warranty.
6.3 With the exception of liability relating to intellectual property, Seller shall not be liable to Buyer for any consequential, indirect or special damages that Buyer may suffer in relation to the Products, including, but not limited to, lost profits, lost revenues, lost business chance, loss of use of the Products, and loss of use of other products or facilities.
Article7. Intellectual Property Infringement
Buyer shall defend and indemnify Seller against any claim or legal action brought by a third party alleging that Buyer's use of the Product infringes the intellectual property or other proprietary rights of the third party.
Article 8. Confidentiality
During the term of this Agreement and thereafter, both Parties shall keep in confidence all business and technical information (hereinafter “Information”), in whatever form, whether tangible or intangible, prior to executing this agreement or pursuant to this agreement.
Any Information will be disclosed to the limited employees of both Parties having a need to know or to receive such Information to produce the Product(s) and shall be used solely for the purpose for which it was furnished. Also, both Parties are obliged to take necessary steps to protect the Information from disclosure, leakage or non-permitted usage, and shall be responsible for any losses or damages arising out of the disclosure, leakage or non-permitted usage by its officers, directors or employees.
Article 9. Notices
All legal notices relating to this Agreement shall be made in writing and shall be sent by registered or certified airmail, with receipt confirmed by a signed return receipt or internet tracking, to the following respective addresses of the Parties or to such other addresses as the Parties may designate in writing from time to time in accordance with this Article. If sent by airmail, the notice shall be deemed to be received three business days after the date of postmark or on such earlier actual delivery date as is evidenced by the signed return receipt or internet tracking. If sent by facsimile, the notice shall be deemed to be received on the date of transmission. However, if any notice is received or deemed to be received after normal business hours or on a non- business day at the place of receipt, the notice shall be deemed to be received on the following business day.
Article 10. Amendment
No amendment or modification to this Agreement shall be effective unless evidenced by a writing executed by both Parties.
Article 11. Waiver
The failure at any time of either Party to enforce or require strict compliance with any provision of this Agreement shall in no way be construed as a waiver of such provision nor in any way be construed to affect the right of such Party to thereafter enforce that or any other provision of this Agreement.
Article 12. Severability
In the event that a court or other tribunal of competent jurisdiction at any time holds that any provision of this Agreement is illegal or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect.
Article 13. Entire Agreement
This Agreement contains the complete and entire understanding of the Parties with respect to the subject matter hereof and supersedes any prior negotiations, agreements, and understandings between the Parties with respect to such subject matter. Each Party specifically acknowledges that the other Party has made no representations or promises (written or oral) inducing execution of this Agreement other than those specifically stated herein.
Article 14. Force Majeure
Notwithstanding anything herein to the contrary, neither Party hereto shall be liable for its failure to perform any of its obligations hereunder if precluded by riot, epidemic, power or communication line outage, war (whether declared or undeclared), terrorist act, fire, flood, tidal wave, earthquake, or other natural disaster, nuclear accident, strike, lockout, or other labor trouble, acts or non-acts of any governmental entity or official, or any other cause beyond the reasonable control of the Party. If either Party wishes to invoke this provision, it shall promptly notify the other Party in writing of the nature of the force majeure and the affected obligations. The Party invoking this provision shall use its best efforts to minimize the effect of
the force majeure.
Article 15. No Assignment/Successors and Assigns
15.1 Neither Party may assign or grant a security interest in any of its rights or delegate any of its obligations under this Agreement to a third party without the prior written consent of the other Party. Any purported assignment/grant of security interest/delegation made in violation of this provision shall be null and void. Notwithstanding the above, either Party may assign all of its rights and delegate all of its obligations under this Agreement without the consent of the other Party in the case of a merger or the sale of substantially all of the assets or stock of the assigning Party, provided that the assignee assumes all of the assigning Party's obligations under this Agreement. No partial assignment or delegation shall be allowed in such a case.
15.2 Subject to the restrictions on assignment contained herein, this Agreement shall inure to the benefit and be binding upon the Parties and their respective successors and assigns.
Article 16. No Third Party Beneficiary
This Agreement is solely for the benefit of the Parties and their successors and assigns, subject to the restrictions on assignment contained herein, and shall not be construed to confer any rights on any third parties.
Article 17. Headings for Reference Only
All headings in this Agreement are for reference only and shall not be considered in construing the meaning of this Agreement or the intent of the Parties.
Article 18. Communications
All communications between the Parties relating to this Agreement shall be in the English or Nigeria’s language.
Article 19. Governing Law and Dispute Resolution
19.1 This Agreement, as well as all claims arising out of or in connection with this Agreement or the transactions contemplated by this Agreement (including all tort and other non-contract claims), shall be governed by and construed in accordance with the substantive laws of [Nigeria]. [The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.]
19.2 If any dispute arising out of or in connection with this Agreement or the transactions contemplated by this Agreement (including any tort and other non- contract claims) cannot be amicably resolved by the Parties, the exclusive forum for resolution of such dispute shall be an arbitration in Nigeria in accordance with the [Commercial Arbitration rules] of the Nigeria Commercial
Arbitration Association], which arbitration award shall be binding on the Parties with no right of appeal. [The arbitrator shall not award any punitive damages, and the Parties waive any claims for punitive damages they may have against each other.] The prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs incurred in such arbitration.
19.3 This arbitration provision shall not apply to petitions for preliminary or temporary injunctive relief which may be brought in any court of proper jurisdiction.
Article 20. Conferral with Counsel
Each Party hereby confirms that it has conferred with qualified legal counsel regarding the legal effects of each provision of this Agreement.
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth under their signatures.
By: ____________________ By: Name: ___________________ Name: _______________
Title: ____________________ Title: ________________
Buyer – Person having the necessary powers for the conclusion of the Agreement on terms and conditions defined below.
Receiver – The Buyer or recipient, specified by the Buyer when ordering.
Blog – Seller’s website, located on the Internet in the domain name http://www._________.
Online store – Blog section designed to sell goods online.
Account – Personal profile of the Buyer, available only after authorization or registration operation (entering the correct username and password). The account is designed to store information and manage purchases.
Delivery – courier services, managing transport of the goods, and provided by the Seller or a third party (Seller to be solely responsible for the third party).
1. 2. The subject of the Agreement
2. 2.1. This Agreement between Buyer and Seller is concluded at the time of payment. The order is accepted after selection of the goods and payment by the Buyer; payment to be allowed after accepting the terms and conditions set forth in this Agreement, by putting a mark in the box “I accept the terms of delivery and the agreement with the Buyer.” This Agreement, as well as information about the products displayed on the Oojaonline marketplace website.
3. 2.2. Payment of the goods is a confirmation of the order and carried out by the Buyer after the registration and account activation.
2.3. When registering, the Buyer agrees to provide the following information about himself:
4. Full name; address; contact phone number; E-mail address.
2.4. The relations between the Buyer and the Seller are governed by the law of Nigeria.
5. 2.5. The Seller has the right to amend this Agreement.
2.6. This Agreement shall be considered in that kind as it is published on the blog, and should be applied and interpreted in accordance with the legislation of the Nigeria Federation.
6. 3. Product Info
7. 3.1. Buyer is aware of the product by a photo and description in the online store of the blog. Exclusive rights of the photos belong to the Seller.
3.2. If required, the Buyer may obtain additional information using the phone number or email or chat message where available and functional.
3.3. The given price may be changed unilaterally by the Seller, but not after ordering and payment of the goods.
8. 4. Procedure for the acquisition of the goods
9. 4.1. The Buyer has the right to place an order for products displayed on the online page of Oojaonline, subject to the availability of stock of the Seller.
4.2. The order is issued by Buyer under Blog Online Store.
4.3. The Buyer is responsible for the accuracy of the information.
4.4. The order is confirmed during the procedure of payment.
4.5. After ordering, the Buyer receives an e-mail message confirming the order, with an indication of the goods and the total value of the order. The message becomes an integral part of this Agreement.
4.6. In the absence of goods, the Buyer will not be able to undergo the procedure of order and payment.
10. 5. Payment Goods
11. 5.1. Payment methods of the Goods are listed on the Blog “Terms of delivery and payment.”
5.2. The goods are fully prepaid through online transfer.
12. 5.3. Goods are to be paid in Nigerian Naira.
13. 5.4 Orders cannot be canceled once payment is confirmed. Since payment is made only through credit/debit card refund can be effected through the voucher or bank transfer.
Refund methods available according to payment methods.
Payment methods Refund methods
Cash Refund voucher or bank transfer
Bank Transfer Refund voucher or bank transfer
Refund Voucher Refund Voucher
Debit Card Refund Voucher or bank transfer
Time to get reimbursed after the examination done
Nature of Refund Time Frame
Refund Voucher 24 hours
Bank Transfer 5 days
17. 6. Delivery of the goods
18. 6.1. Delivery of the goods from the online store of the Blog is organized by the Seller on the area determined on the page “Terms of delivery and payment.” of the Blog
6.2. Delivery of the goods is carried out within the time specified by the Buyer during the ordering process, as described on the page “Terms of delivery and payment “of the Blog
6.3. The date of reception of the goods is the date of signing of the receipt
6.4. The date of sale of the goods is the date of payment of the buyer of goods.
19. 6.5 Overseas products are sent by Sellers located outside Nigeria. They are flagged on product pages on the top right corner as “Shipped from overseas.”
21. 7. Cancellations and Returns
22. 7.1. The Buyer has the right to refuse the goods ordered and paid no later than the day before the delivery date (specified by the Buyer when ordering) from 10 am to 6 pm, after having notified the Seller by phone and e-mail as specified on “Contact information” page of the Blog. The answering mail of the Seller is to be considered as the confirmation of refusing the goods.
7.2. Return of the goods is only possible in the case of the goods of inadequate quality. The Buyer should inform the Seller within 2 hours following the signature of the receipt by phone and e-mail as specified on “Contact Information” page of the Blog. The mail should contain a description of the problem and photos of the goods of inadequate quality.
7.3. If the recipient refuses to accept the goods and/or sign the delivery note, the Seller shall inform the Buyer, but in this case, the product is not refundable.
7.4. In case of cancellation of the order or in case of return of the goods, the Buyer shall reimburse the amount paid for the product, less the amount incurred by the Seller, costs of delivery of goods to the recipient (in case of return), not later than five work days from the date of confirmation of cancellation or returns by the Seller
23. 8. Other conditions
24. 8.1. When ordering, the Buyer agrees to receive advertising information of the Seller (mailing) about goods and/or actions held by the Seller, as well as consent to the processing of personal data. The Buyer at any moment may refuse it, by giving written notice to the Seller.
8.2. Seller agrees to respect the confidentiality of the personal data of the Buyer and the Recipient, as well as other information about the Buyer and the Recipient, as they were given for good execution of ordering goods, except in following cases, when information is public; disclosed at the request or with the permission of the Buyer; required in accordance with law, by request of the court or the authorized state bodies; disclosed on other grounds stipulated by the agreement between Buyer and Seller.
8.3. The Seller has the right to amend this Agreement, changes to enter into force upon publication of such changes on the blog unless specified.
25. 8.4. The Buyer is responsible for the consequences of providing false information when making registration and/or purchase orders.