Terms and Conditions of Use

Welcome to Gidimall.com, Nigeria’s online store of choice.  Any person who wants to access this site to buy or sell goods or services (“items”) or to use the other features provided must accept the terms and conditions of this Marketplace Agreement without change.  BY PRESSING THE “ACCEPT” BUTTON DURING REGISTRATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS MARKETPLACE AGREEMENT.  In particular, you acknowledge that you have read and understood the clauses in this Marketplace Agreement relating to: Gidimall’s disclaimer of warranties; limitation of liability; protection and use of your personal data; your consent to the publication of feedback and ratings about your performance on the Site; and the manner in which Gidimall may make changes to this Marketplace Agreement.

This Marketplace Agreement is divided into three sections:

  • General Conditions
  • Conditions relating specifically to Sellers
  • Conditions relating specifically to Buyers
  • General Conditions
  • Eligibility and Registration Requirements
    • Use of this service is limited to parties that can lawfully enter into and form contracts under the laws of the Federal Republic of Nigeria (for example, minors are not permitted to use this service).
    • Only visitors to this site who register and enter into this Agreement (“buyer”, “seller”, “you”, “your” as the context requires) may participate in buying or selling on this site using this service.
    • If you are selling items as a trader in the course of your business, you are required by law to make that fact clear to potential buyers in your listing. You must provide us true and accurate information when registering and must maintain and update that information as applicable.  You must not impersonate any person or use a name you are not legally authorised to use.  You authorise us to use any information provided to us in registering to verify your information (including any updated information.
    • To register you must provide your real name, address, phone number and email address.  You warrant to Gidimall that the information you provide during the registration process (and any notification of change of such information) is true and correct.
    • As a seller, you are obliged to notify Gidimall of any changes to your registration information immediately.
    • Gidimall reserves the right to reject any registration and to refuse service to anyone for any reason, in its sole and absolute discretion.
    • If you provide false or incorrect registration information or do not notify Gidimall of changes to your registration information immediately, Gidimall reserves the right to terminate your account immediately and without notice to you.
    • You are solely responsible for maintaining the security of your password.  You may not disclose your password to any third party (other than third parties authorised by you to use your account) and you are solely responsible for any use of or action taken under your password on this site.  If your password is compromised, you must change your password.
  • International sales 
    In listing an item for sale internationally, the seller may also have to comply with laws of the country in which the buyer resides dealing with, among other things, prohibitions on the sale, distribution or offering for sale of specific items.
    For each item you list on the site, you will provide to us the state or country from which the item ships.
  •  Prohibited Items 
    The following items must not be listed on this site by sellers or purchased by buyers (irrespective of whether the item is listed on any of the other participating Gidimall sites):

    • Offensive material, including material that  incites racial hatred or promotes discrimination based on race, sex, religion, national origin, physical ability, sexual orientation or age;
    • Obscene material including pornographic material (e.g.: material rated R +18, home porn and hardcore material);
    • Firearms and ammunition;
    • Stolen goods;
    • Advertisements;
    • Illegal or prescription drugs;
    • Items whose sale, distribution or offering for sale is prohibited by any applicable law;
    • Items whose sale is subject to export restrictions (e.g.: Cuban cigars, certain encryption software and so on);
    • Offensive weapons, poisons and dangerous substances (as defined by the applicable law or laws);
    • Any other types of products that in our discretion are to be excluded from listing and/or sale using the service.
  • Contract fulfilment
    • Gidimall will confirm each order to the seller and the buyer. Sellers must dispatch items sold within two Business Days once the order confirmation is made available to them. If and when Gidimall makes functionality available to the seller which allows seller to display a product availability message on this site the seller must dispatch items sold in accordance with the product’s availability stated on this site at the time of the order.  Sellers must provide a full refund to any buyer who remits payment, if the item cannot be shipped
    • Unless the buyer and seller expressly agree otherwise, the following terms and conditions will apply to the contract between the buyer and seller for the sale of the relevant item:
  • All postage, customs, import, export and excise duty, VAT and  any other taxes associated with the Sale (if applicable) will be  paid by the buyer and it is the seller’s responsibility to determine, collect  and remit the applicable VAT, customs, import, export and excise duties and any other taxes  associated with the Sale. Unless otherwise agreed by us in advance in writing, the price of any items sold using this Service must be displayed  inclusive of any customs, import, export and excise duty, VAT and any other taxes associated with the Sale, which may be applicable and sellers will not charge  or seek to charge the buyer, or allow the buyer to be charged, for any customs, import, export and excise duty, VAT or other taxes which are additional to the price displayed for the item on the Site;
  • Buyers are required to pay sellers in the currency in which the Sale is listed;
  • The sale will be subject to any warranties implied under applicable law; and
  • The contract between the buyer and seller will be governed by the laws of the Federal republic of Nigeria.
  • Gidimall’s Role

Buyers authorize Gidimall to act as their limited representative solely to conclude on their behalf sales contracts directly between them and the sellers for sales of goods via this Service. While Gidimall helps facilitate transactions that are carried out using this Service, Gidimall is neither the buyer nor the seller of the seller’s items. Gidimall is not an auctioneer. Gidimall provides a venue for sellers and buyers to complete transactions in accordance with the provisions of this Marketplace Agreement. Gidimall is not the agent of the seller. Accordingly, the contract formed at the completion of a Sale is solely between buyer and seller. Enforcement of any contractual obligations arising out of the completion of a transaction using this Service is the responsibility of the buyer and seller that are party to that transaction. Gidimall is not obliged to mediate between buyers and sellers or enforce or execute fulfilment of any contract. Because Gidimall wants you to have a safer buying experience, Gidimall provides the Gidimall Guarantee in clause C.1  below, but otherwise buyers and sellers use this Site and this Service at their own risk. Subject to the terms of this Marketplace Agreement, the seller will resolve any subsequent dispute directly with the buyer unless for items under the Gidimall Guarantee

  • Termination

Gidimall may, in its sole and absolute discretion, terminate this Merchant Agreement, access to this Site or this Service, or any current Sales immediately without notice if your Marketplace agreement with any of the other Gidimall sites is terminated or for any breach of any of the terms of this Marketplace Agreement. Seller may terminate its Marketplace in this Service at any time by giving notice to Gidimall.  Gidimall may terminate the seller’s Marketplace in this Service at any at any time by giving notice to the seller.  Upon termination, all rights and obligations of the parties under this Marketplace Agreement will be extinguished, except that such rights and obligations will remain in effect after such termination to the extent necessary to process any  orders placed prior to such termination for items listed by seller using the  Service (including, without limitation, any fees incurred and any other liabilities incurred under this agreement.

  • Gidimall’s Reservation of Rights
    • Gidimall retains the right to, if it considers it appropriate: immediately halt any Sale, prevent or restrict access to this Site or the Service; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorised items, unlawful items or items prohibited for listing on this Site under this Marketplace Agreement. Gidimall reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. Without prejudice to generality of the rights, and to any other rights that Gidimall may have in this Marketplace Agreement, Gidimall reserves the right to refuse listings or to immediately remove any listings where Gidimall objects to how you identify yourself on this Site (including, but not by way of limitation, your name, branding or marks) and/or if you are otherwise making inappropriate use of your domain name contrary to the requirements set out in this agreement.
    • Each participant, whether or not he or she is currently a buyer or seller, agrees that Gidimall shall be entitled to retain for itself the interest, if any, paid on balances in all its bank accounts, notwithstanding that some of that interest may be attributable to the time  taken for the exercise of the rights, and the performance of the obligations,  under this Marketplace Agreement.
  • Feedback
    • YOU CONSENT TO THE PUBLICATION OF, AND  AUTHORISE GIDIMALL TO PUBLISH, FEEDBACK AND RATINGS EVEN THOUGH SUCH FEEDBACK OR  RATINGS MAY BE CRITICAL OR DEFAMATORY OF YOU AND EVEN THOUGH GIDIMALL MAY BE  AWARE OR OUGHT REASONABLY BE AWARE THAT SUCH FEEDBACK OR RATINGS CAUSED OR  CONTRIBUTED TO THE PUBLICATION OF A STATEMENT THAT IS DEFAMATORY OF YOU. YOU  RELEASE GIDIMALL FROM AND WAIVE ALL RIGHTS AGAINST GIDIMALL IN RESPECT OF ANY  LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PUBLICATION OF ANY  DEFAMATORY COMMENTS ABOUT YOU IN SUCH FEEDBACK AND RATINGS.
    • When submitting Feedback and Ratings, you must comply with the Feedback Guidelines. You agree to indemnify and hold harmless  Gidimall and its affiliates (and their respective employees, directors and  representatives) against any claim or action brought by a third party, arising  out of or in connection with any Feedback or Ratings left by you on the Site.
  • 10 Grants of Licence, Intellectual Property and Linking and Framing
    •  Licenses (a) Your Grant. By entering into this  Marketplace Agreement and listing an item, you grant Gidimall and its  affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable,  right to exercise all copyright, database rights and rights of publicity over  the material displayed in your listings or in any other catalogue or product  information that you provide to us (excluding any of your logos, trademarks or  other similar branding), in any existing or future media, known or unknown, now  or at any later date. (b) Gidimall’s Grant. Gidimall grants you limited non-transferrable license to each participant to make personal use only of this Site and this Service in accordance with this Marketplace Agreement.
    • Intellectual Property Rights
      Subject to the licence granted to you under Clause 10.1(b), Gidimall reserves all right, title and interest in its and its affiliates’ intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential  information, trade and business names and any other similar protected rights in  any country) in this Site and the Service. Any goodwill accruing out of the use  of Gidimall’s and its affiliates’ trade marks, trade and business names and  service marks under this Marketplace Agreement will vest in Gidimall and its  affiliates, as the case may be.
    •  Linking to this Site and prohibition on Framing
      Despite anything else contained in this Agreement, you must ensure that each link (graphical, text or otherwise) to this Site  posted or maintained on any location by you or on your behalf, conveys users  directly to the Site, without displaying or performing any other advertisement, promotion or content (whether audio, visual, audio-visual or otherwise). In addition, you must not take any action, or assist, authorise or encourage any third party to take any action, that would cause the appearance or presentation of this Site as seen by users linking to this Site to be different from that seen by users who access this Site by hand-entering the applicable URL into a generally commercially available browser which has not been customised for a particular person or entity. Without limiting the generality of the foregoing, you must not, at any time, make use of any framing techniques or technologies, interstitial advertisements, pop-up windows or consoles or other similar items or techniques in connection with any link to or on the Site.
    • Linking off this Site
      Sellers must not include any links (graphical, text  or otherwise) in any Sale listing on the Site, save where such  links convey users directly to another location on the Site, without displaying  or performing any other advertisements, promotions or content (whether audio,  visual, audio-visual or otherwise). Except as approved in advance in writing by Gidimall, you will not, and you will cause your affiliates not to, directly or indirectly (e.g.: through a Third Party (as defined below)):
  • sell, barter, disclose or transfer to any Third  Party, any data acquired by you as a result of  any transaction using this Service (whether this is information that pertains to  the identity of a user and/or buyer, the order or referral information (here  meaning any information disclosing that a buyer purchased a product through the  Site, and/or any other personally identifiable information regarding any user and/or buyer), or permit any Third Party to have access to the same;
  • send to any user or buyer of this Service any  non-electronic direct-mail marketing that promotes or advertises anyone  (including you and your affiliates);
  • send to any user or buyer of this Service any  electronic communication except as necessary to complete any buyer’s  transaction or to respond to a customer service enquiry made by such buyer  concerning such transaction;
  • include in any communication made or authorised  by you with any user of this Service and/or any buyer including, without  limitation, in any order (including the packaging of the order and any  promotional pieces, invoices and alike sent with it), order confirmation and/or  other communication made in connection with the fulfilment of a transaction:
            • any offer from or reference to any Third Party  and/or
            • any reference to domain names;
  • Data Protection and Privacy

By using  this Service and the Site, you consent to the collection and use of your  personal data by Gidimall in the manner set out in the Privacy Notice. If we decide to change our Privacy Notice, we will post those changes on the Privacy Notice page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Notice frequently for changes..

    • Unless otherwise authorised or consented, you agree not to use any information regarding other participants that is accessible from the Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, harassment, invasion of privacy or otherwise objectionable conduct.
  • No Warranties
    • Disclaimer of Warranties. THIS SITE AND THIS SERVICE ARE PROVIDED ON AN “AS IS” BASIS. GIDIMALL MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING  WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR  A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THIS SITE OR THE  SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION,  CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE WILL BE AS REPRESENTED BY  SELLERS, AVAILABLE FOR SALE AT THE TIME OF LISTING, LAWFUL TO SELL, OR THAT  SELLERS OR BUYERS WILL PERFORM AS PROMISED. (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GIDIMALL. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIDIMALL DISCLAIMS ANY AND ALL SUCH WARRANTIES.
    • General Release. BECAUSE GIDIMALL IS NEITHER THE BUYER NOR THE SELLER OF THE SELLER’S ITEMS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE GIDIMALL (AND ITS EMPLOYEES, REPRESENTATIVES  AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY  KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND  UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
  • Limitation of Liability
    • TO THE FULLEST EXTENT PERMITTED AT LAW, GIDIMALL  WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT–INCLUDING NEGLIGENCE, OR UNDER  ANY STATUTORY IMPLIED TERM) FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT  LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL  DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR  LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE MARKETPLACE AGREEMENT,  THE SITE, THE SERVICE, THE INABILITY TO USE THIS SERVICE OR THOSE RESULTING FROM  ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR  RATINGS POSTED TO THIS SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE,  WHETHER OR NOT GIDIMALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
    • Despite anything else contained in this Agreement, neither party excludes any liability for death or personal injury to  the extent only that it arises as a result of the negligence of that party, its  employees, agents or authorised representatives.
  • VAT and other taxes on the sale of goods and/or services by Sellers 
    You agree that it is the seller’s responsibility to determine whether VAT, customs, import or export duties, excise taxes or other taxes apply to the sale of goods and services to the buyer and to collect, report and remit the correct tax, as applicable, to the appropriate tax authority. You agree that, unless otherwise agreed by us with a seller in advance in writing, the price stated by any seller for any goods or services offered on this Site is inclusive  of any VAT, customs, import or export duty, excise tax or other tax that the seller may be  required to remit in connection with such sale. You also agree that Gidimall is  not obliged to determine whether VAT or other taxes apply to any sale of any  goods or services by a seller to a buyer on this Site and is not responsible for  collecting, remitting or reporting any VAT or other taxes arising from such  sale.
  • General Provisions
    • Entire Agreement
      This Agreement incorporates by this reference all  terms, conditions, policies, guidelines and other information on this Site  concerning this Site or the Service, including but not limited to the Privacy  Notice and Conditions of Use & Sale and constitutes the entire agreement of  the parties with respect to the subject matter hereof and supersedes and  cancels all prior and contemporaneous agreements, claims, representations and  understandings of the parties in connection with the subject matter hereof.
    • Third-Party Beneficiary
      Gidimall is not your fiduciary or trustee. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Gidimall and its affiliates, you, and  relying buyers or sellers.
    • Severability
      If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
    • Waiver
      Gidimall’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Gidimall’s right to subsequently enforce such provision or any other provisions of this Agreement.
    • Variations
      This Marketplace Agreement may only be amended or modified in writing (which may be represented electronically) and only in the manner set out in the remainder of this clause. Gidimall reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing this Site or Service, at any time and in its sole and absolute discretion. Any changes will be effective upon posting of the revisions on the Site. All notice of changes to this Agreement will be posted on this Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THIS SERVICE FOLLOWING GIDIMALL’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, THEN YOUR ONLY REMEDY IS TO CEASE USE OF THIS SERVICE OR THIS SITE.
    • Notices
      Notices can be sent to you at the e-mail address you provided to Gidimall or posted on the Site. You may send notices to Gidimall as follows:

Medessy Enterprises Limited (Trading as www.gidimall.com)
Road 5 J255
Ikota Shopping Complex
VGC, Lagos
Nigeria

    • Governing Law
      This Marketplace Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the Federal Republic of Nigeria

B. Conditions relating specifically to

SellSeller’s Obligations with respect to Listing Items

    • Sellers Warranties. By listing an em for sale:
      • you represent a warrant to prospective buyers that:
      • you are the true owner of the item or are properly authorised to sell the item by the true owner and are able to transfer good title to the item free from any third party claims, liens or encumbrances; and
      • the listing is accurate, current and complete and is not misleading or otherwise deceptive;
      • Unless we have agreed with you in advance and in writing to the contrary, you represent and warrant to Gidimall that: if you are a business, you are duly organized, validly existing and in good standing under the laws of the state or country in which your business is registered. In any event, you represent and warrant to Gidimall that:
        • he item is not one that would fall within any of the prohibited items described and
        • he item is safe and bears  any marking and labelling required under applicable law
      • Customer Service and Other Non-Price Terms.  You will ensure that the customer service you provide and each other non-price term on which you offer or sell an item on or through this Site are at least as favourable to customers as the most favourable customer service and other corresponding terms offered by you or your affiliates for that item on or through any Sales channels and other means (other than physical stores) through which you or your affiliates offer or sell products, including without limitation online channels, mobile device applications, catalogues, third party platforms or marketplaces, and other electronically-enabled channels (“Non-Physical Sales Channel”).
      • Returns and Refunds. For all of your products that are not fulfilled using the Fulfillment by Gidimall service, you will accept and process returns, refunds and adjustments in accordance with this Marketplace Agreement and the Gidimall return policies published on this Site at the time of the applicable order, and we may inform customers that these policies apply to your products.  You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Marketplace purchases, and will route all such payments through Gidimall. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by Gidimall to Seller under this Agreement or seek reimbursement from you via any of the means authorized in this Marketplace Agreement. For all of your products that are fulfilled using the Fulfillment by Gidimall service, the Gidimall return policies published on this Site at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable Gidimall return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.
      • Content and Other Information.  You will ensure that all content and other information you provide to us regarding each item you offer or sell on or through this Site are of at least the same quality, completeness, and accuracy as the highest quality and most complete and accurate content and other information displayed or used by you or your affiliates for that item on any Non-Physical Sales Channel.
    • Compliance with Applicable Law

You further warrant that the sale or distribution of the item is not in breach of applicable law (including, where items are sold internationally, the law of the destination country). This responsibility  includes, but is not limited to, ensuring that

        • any items sold are safe,
        • any items sold are appropriately packaged and labelled as  required by applicable law
        • any items sold otherwise comply with all  applicable law regarding their sale. You will audit the products that you sell on a regular basis (at least monthly) to ensure on-going compliance with this obligation. You will also advise the buyer of any age or other restrictions that apply to the sale of any products that you sell. Gidimall makes no representations that items not appearing on the prohibited items list.
  • Seller’s Fees
  • By listing an item on this Site for Sale, you agree to pay the fees set out in the Fee Schedule contained in the seller portal of this Marketplace.
  • VAT on seller fees. The seller fees are subject to VAT where applicable and will be paid by the seller to appropriate authorities.
  • You warrant and represent that all  transactions on your Gidimall Seller Account will be business-related  transactions made by the business associated with the VAT registration number, or the evidence of being in business, you submit to Gidimall;
        • Gidimall reserves the right to request  additional information and to confirm the validity of your Gidimall Seller  Account information from youor  government authorities and agencies as permitted by law and you irrevocably  authorise Gidimall to request and obtain such information from such government  authorities and agencies. Further, you agree to provide any such information to  Gidimall upon request
  • Prohibited Acts, Security Measures
    • Sellers must:
  • sell all items on his or her own account and  must not represent that he or she is selling on behalf of any third party; and
  • not use this Service or this Site in the  contravention of any applicable law nor permit or assist others to do so.
    • As a security measure, we may, but are not  required to, impose transaction limits on some or all buyers and sellers  relating to the value of any transaction, disbursement or adjustment, the cumulative value of all  transactions, disbursement or adjustment, during a period of time, or the number of transactions per day or  other period of time.
  • Delivery of Items sold
    • Sellers will be responsible for the delivery of purchased items unless in cases where they decide to use Gidimall’s partner courier companies. They will however be respo for the cost of delivery.
    • Sellers are to handle nation-wide payment on delivery collections for the item sold unless in cases where they decide to use Gidimall’s partner courier companies. However, gidimall will not be responsible for the cost of delivery and Gidimall has no liability in cases of uncollected funds.
    • Payment on delivery done through our partner courier companies will only be remitted 10 days after collections of funds are done by the courier companies and same will be routed through gidimall to the seller.
    • For all within the state payment on delivery, sellers are to pay in advance, commissions for item sold before details of purchasing customer is released to them. However, if the item is eventually not sold, such amount will be reimbursed to the sellers account.
  • Order information

Each sale of an item agreed via this Site is recorded in the relevant seller’s Gidimall Seller Account using our standard procedures. The seller may access the Seller’s Transactions feature in the Gidimall Seller Account only with a browser that is compatible with the Service, including any security features that are a part of the Service.  Seller waives any right it may  have to assert a claim against Gidimall with respect to this Site and this Service  (including, without limitation, to protection under the Gidimall Guarantee)  when dispatching an item to an address other than the address provided in  respect of that item in the Gidimall Seller Account.

  • Payment, refunds, adjustments and seller’s reserve
    • A buyer must  pay via this Service for an item purchased via this Site with any major credit or  debit card accepted on the Site. Sellers shall not invoice buyers off the Site, and all seller-initiated refunds or adjustments for purchases made via this Site must be initiated by the Sellers via their Gidimall Seller Account, using functionality we enable for your Seller Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the limitations in the Help section and the terms of this Marketplace Agreement.We will provide such refunds or adjustments to the buyer (which may be in the same payment form originally used to purchase your product via the Site) and you will reimburse us for all amounts so paid.
    • The amount due and payable to each seller under  this Marketplace Agreement at any time shall be the total amount paid by  buyers for the seller’s items since the seller last received payment via the  Service for the seller’s items ordered on the Site, less

(i) any fees due to  Gidimall

    • any refunds, adjustments, or other amounts paid to buyers
    • any refunds due to buyers
    • any other amounts owed by Seller to Gidimall, and
    • any further amount maintained by the seller as a Reserve.  The amount due shall be paid to the seller’s designated bank account (“Seller’s Bank Account”) on a Business Day when the automated clearing houses are open for business (Monday through Friday, excluding bank holidays in the Nigeria). On occasion, payment may be by paper cheque sent to the seller, for instance, if the seller’s bank will not accept an electronic transfer to the Seller’s Bank Account.
    • A payment made by a buyer in respect of a particular item will not be due or payable to a seller (or if paid, shall be reimbursed by the seller to us), and we will not be liable to the seller if:
  •  we, in our sole and absolute discretion,
    • decide  to pay the buyer in relation to that item under the terms of the Gidimall Guarantee,
    • determine that the seller cannot promptly deliver the item  or the seller has otherwise breached the provisions of this  Marketplace Agreement and we initiate a refund to the buyer,
    • do not permit  a transaction or disbursement to proceed where any limit established by us for  a security reason would be exceeded, or
    • permit a buyer to withdraw from a  transaction because this Service is unavailable following the commencement of a  transaction;
  • we discover the payment is erroneous or relates  to a duplicate transaction,
  • the payment is the subject of a chargeback from  the buyer’s credit card issuer or bank.
  • Where reimbursement by the seller is required, without notice to the seller we may obtain such reimbursement by
    • deducting the amount from the seller’s Reserve or any future payments that would otherwise have been owed to the seller,
    • reversing any transfer to the Seller’s Bank Account,
    • seeking such reimbursement from the seller by any other lawful means.
  • In the event that we elect not to recover from the  seller, a buyer’s chargeback, failed payment, or other payment reversal (a  “Payment Failure”), we will assume the debt associated with the  Payment Failure and the seller irrevocably assigns to Gidimall all rights, title  and interest that the seller has in and associated with that debt.
  • All notices will be sent by e-mail or will be posted on the Site. We will send notices to the seller at the e-mail address maintained in Gidimall’s records for the seller. The seller will monitor his or her e-mail messages frequently to ensure awareness of any notices sent by us.  The seller will send notices to us at our current e-mail address published on our Site. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the Business Day after transmission if properly addressed to the intended recipient. If not sent by e-mail, notice can be by way of a written letter sent to our office address as stated in section one under this agreement. Mail is deemed received when personally delivered to the intended recipient or to a person with apparent authority to receive such delivery on behalf of the intended recipient.
 

C. Conditions relating specifically to Buyers

The Gidimall Guarantee 

    • GIDIMALL WANTS YOU TO HAVE A SAFE BUYING EXPERIENCE. IF THE BUYER OF AN ITEM HAS PROVIDED PAYMENT TO THE SELLER, BUT THE  SELLER DID NOT DELIVER THE ITEM, OR, IF THE BUYER RECEIVED THE ITEM, BUT IT WAS  MATERIALLY DIFFERENT FROM THE SELLER’S DESCRIPTION OF THE ITEM, GIDIMALL WILL PAY  THE BUYER UP TO N500,000 OF THE PURCHASE PRICE, INCLUDING SHIPPING CHARGES SUBJECT  TO THE FOLLOWING CONDITIONS. THE FOLLOWING CONDITIONS ONLY APPLY TO THE GIDIMALL GUARANTEE:
      • THE BUYER PURCHASED THE ITEM ON GIDIMALL.COM MARKETPLACE AND PAID VIA THE SERVICE.
      • THE BUYER MUST WAIT 30 DAYS OR SHOULD THIS  OCCUR FIRST, THREE (3) DAYS AFTER THE ESTIMATED DELIVERY DATE, BUT NOT LONGER  THAN 450 DAYS, AFTER THE ORDER DATE TO REQUEST PAYMENT FROM GIDIMALL UNDER THE  GIDIMALL GUARANTEE AND SUBMIT THE GUARANTEE SUBMISSION FORM;
      • THE BUYER MUST PROVIDE THE REQUIRED INFORMATION ON THE GUARANTEE SUBMISSION FORM TRUTHFULLY AND ACCURATELY TO RECEIVE PAYMENT;
      • THE BUYER IS LIMITED TO A LIFETIME MAXIMUM OF FIVE CLAIMS ACROSS ALL GIDIMALL SITES; AND
      • THE BUYER MUST NOT REQUEST A CHARGEBACK FOR THE PURCHASE FROM THE ISSUING BANK.
    • You warrant and represent to Gidimall that the information you provide on the Guarantee Submission Form will be true and correct.
  • Payments
    • A buyer must pay via this Service for an item purchased via the Site, with any of the accepted payment methods (Payment cards, Bank transfer, Point of Sale, Payment on delivery in certain countries).  After payment is approved, the buyer will resolve any dispute directly with the seller, or under the Gidimall Guarantee. Sellers shall not invoice buyers, and buyers must not accept seller’s invoices, off the Site. All refunds for purchases made via this Site must be initiated by the Sellers and may only be accepted by buyers via the Site.
    • Gidimall sets limits on the amount and number of transactions completed through this Service during a set time period (“Velocity Limits”) for both buyers and sellers. For security reasons, Gidimall does not disclose Velocity Limits. Velocity Limits are different from the credit limits set by your credit/debit card issuer.
  • Buyer’s fees 
    Although Gidimall does not currently charge buyers any fees to use this Service and the Site, it reserves its right to do so in the future.
  • Prohibited acts 
    Buyers must not:

    • Whether by themselves or in conjunction with other participants, manipulate transactions in ways that are unfair to other participants or users; and
    •  usethis Service or this Site in the contravention of any applicable law nor permit or assist others to do so.
  • Inspection of items 
    Buyers must inspect any item purchased from a seller immediately upon receipt to ensure that it accords with any description given by the seller in the item’s listing and to ensure that the product is safe.