Terms & Conditions

Terms of Use

 

  • Introduction

These terms of use (the “Agreement” or “Terms of Use”), the Privacy Policy, the Cookies Policy, the Fees Schedule, the Shipping and Return Policy and all other policies published on the Website (collectively called “Policies”) set out are legally binding terms an conditions for your use of the website located at Buymylux.ng and its associated domains (collectively the “Site”) and all associated services provided by Idoranni Limited. Please read this Agreement and the Policies carefully before using the Site and the Buymylux services. In the event of any conflict or inconsistency between the terms of any of the Policies and these Terms of Use, these Terms of Use shall prevail.

 

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement and the Policies. This Agreement and the Policies apply to all users of the Site, including but not limited to users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site.

 

  • ng is a mere Conduit

Buymylux acts as a venue to allow users, who comply with this Agreement and the Policies, to offer, sell and buy certain pre-owned fashion goods within a fixed-price format. Buymylux is not a party to any transaction between buyers and sellers. As such Buymylux does not claim ownership for items you make available on the Site.

Although Buymylux has established measures to inspect items listed here by having all items sent to Buymylux before being listed on the Site, Buymylux doesn’t not take responsibility or have control over the quality, safety, morality or legality of any aspect of the items listed.

Consequent upon the above, Buymylux does not transfer legal ownership of items from seller to the buyer.

Buymylux cannot guarantee the true identity of a user and encourages you to only communicate directly with potential transaction partners through the tools available on the Site.

 

  • Usage Eligibility

Age: Buymylux services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under the Federal Republic of Nigerian Law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Buymylux may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by Laws of any Territory and the right to access the Site is revoked in such jurisdictions.

 

Compliance: You agree to comply with all applicable Laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by this Agreement and the Policies, as well as all other operating rules and procedures that may be published on the Site by Buymylux, each of which is incorporated herein by reference. In addition, some services offered through the Site may be subject to additional terms and conditions published by Buymylux; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

 

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Buymylux of any unauthorised use of your password or any breach of security. You also agree that Buymylux cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Buymylux without Buymylux prior written permission.

 

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Buymylux you must provide valid bank account details.

 

Account Transfer: You may not transfer or sell your Buymylux account and User ID to another party. If you are registering as a business entity, you personally represent and warrant that you have the authority to bind the entity to this Agreement.

 

Right to Refuse Service: Buymylux reserves the right to refuse service to anyone at any time. Buymylux services are not available to temporarily or indefinitely suspended Buymylux members. Buymylux reserves the right, in Buymylux’s sole discretion, to cancel unconfirmed or inactive accounts.

 

  • Fees and Services

Joining Buymylux and listing items is free. Buymylux charges a percentage of the sale price when the item sells (a “Commission”). The percentage Commission varies according to the seller package chosen by the seller and is set out in the Fees schedule in FAQs.

 

Changes to the Fees Schedule and the fees for Buymylux services may be made in accordance with the proviso in these Terms of Use.

 

Buymylux may, at its sole discretion, change some or all of Buymylux services at any time. In the event Buymylux introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees and Commissions are quoted in Nigerian Naira.

 

When an item is sold via the Site, the buyer makes payment to Buymylux. Buymylux will retain these funds (the “Sale Proceeds”) for the period until fourteen (7) days after the date the buyer notifies Buymylux that the item has been received. During this period (the “Returns Period”) the buyer may choose to return the item in compliance with the Returns Policy. If the buyer has not indicated they would like to return the item, following completion of the Returns Period, Buymylux will remit the Sale Proceeds net of the Commission payable and any applicable taxes to the seller’s nominated account.

 

All fees are subject to Nigeria VAT of 5% where applicable. Buymylux recommends that you research whether you are liable to declare such taxes to the relevant tax authorities.

 

  • Acceptable Use

 

  • Listing and Selling

Listing Description: By listing an item on the Site you represent and warrant that you and all aspects of the item comply with the Terms of Use and the Policies. You also represent and warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your listing. Your listings may only include text descriptions, pictures and other content relevant to the sale of that item.

Binding Sale: All sales are binding. Buymylux is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver appropriate payment for items purchased before the order is completed and sent out for delivery.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. You may not alter the item’s price after a sale for the purpose of avoiding Buymylux transaction fees, misrepresent the item’s location, or use another user’s account without their prior permission.

 

  • Shipping

Buymylux with its partner logistics companies will fulfill the delivery of orders to the buyers. See more on shipping in the FAQs.

Buymylux shall not be liable for any loss resulting from items lost in transit.

  • Prohibited Activities

You are solely responsible for your conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on the Site.

Restricted Activities: Your Content and your use of the Site must NOT:

Be false, inaccurate or misleading;

Be fraudulent or involve the sale of illegal, counterfeit or stolen items;

Infringe upon any third party’s copyright, patent, trade mark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see Privacy policy);

Violate this Agreement, the Policies or community guidelines, or any applicable law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

Contain items that are hazardous to consumers;

Be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Buymylux staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;

Be obscene or link directly or indirectly to obscene content;

Contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information;

Knowingly transmit spam or viruses;

Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Buymylux;

Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement or the Policies.

Furthermore, you must not list any item on the Site (or conclude any transaction that was initiated using Buymylux. service) that, by paying to Buymylux a Commission or fee, could cause Buymylux to violate any applicable Law, statute or regulation, the Terms of Use or the Policies.

 

  • Interacting with other users

Users are solely responsible for interactions with others. Users understand that Buymylux does not in any way screen all its users. Users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

Bank Cards or other payment details should never be communicated directly to other users. Any and all transactions between users in relation items listed on the Site should only ever be conducted via the secure payment system available on the Site.

You must not contact another member to buy or sell an item listed on Buymylux outside of the Site. This may constitute fee avoidance.

 

  • Cancellation of order

Buymylux reserves the right to cancel any order with an explanation for doing so. In an instance where Buymylux is not able to fulfill the order placed on the website, Buymylux will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in a reasonable time.

 

  • Trademark

The trademark, logo and service marks (“Marks”) displayed on this Site are the legal property of Idoranni Limited and as such Buymylux. Users are prohibited from using any Marks on the Site for any purpose including but not limited to the use of megatags on other pages or sites on the World Wide Web without the written permission of Buymylux or such third party which may own the Marks. All information and content including software programs available on or through the Site content is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, distributing, transmitting, displaying, publishing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial purposes.

Buymylux is not associated with the brands that it sell, which are a registered trademark of the respective brand owners and not of Buymylux.

 

  • Dispute Resolution and Release

Should you have a dispute with one or more users, or an outside party, you release Buymylux and its Representatives from any and all 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.

 

Buymylux, for the benefit of users, may try to help users resolve disputes. Buymylux does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Buymylux attempts to resolve a dispute it will do so in good faith based solely on the Policies. Buymylux will not make judgments regarding legal issues or claims. For more information, please see the Returns Policy.

 

In the event a dispute arises between you and Buymylux, please contact Idoranni Limited (the legal entity of Buymylux).

 

  • Breach

Without limiting any other remedies, Buymylux may, without notice, and without refunding any Commission or fees, delay or immediately remove Content, warn Buymylux users of a particular user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, terminate this Agreement in respect of that user, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

  • Buymylux suspects a user has breached this Agreement or the Policies.
  • Buymylux is unable to verify or authenticate any of a user’s personal information or Content.

Buymylux believes that a user is acting inconsistently with the letter or spirit of the Policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to Buymylux’s users or to Buymylux.

 

  • Privacy

Except as expressly provided in the Privacy Policy, Buymylux will not sell or disclose your personal data to third parties without your prior permission.

 

  • Warranty

Buymylux and its representatives provide the site and services “as is” and, to the extent permitted by Nigerian Law, all implied warranties (including without limitation warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement) are excluded. In addition, no advice or information (oral or written) obtained by you from buymylux shall create any warranty.

 

  • Liability

In no event shall Buymylux and (as applicable) its representatives be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, buymylux services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Notwithstanding the foregoing, nothing in this agreement shall exclude Buymylux’s liability for causes of action, which may not be excluded by Nigerian Law, including liability for fraudulent misrepresentation, death or personal injury due to Buymylux or its representatives’ negligence.

 

  • Indemnity

You agree to indemnify and hold Buymylux and (as applicable) Buymylux’s representatives harmless from any claim or demand, including reasonable 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 violation of any Nigerian Law or the rights of a third party.

 

  • Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be interpreted and governed by the Laws the Federal Republic of Nigeria.

Except as expressly provided otherwise in this Agreement, the Nigerian courts shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with this Agreement (including claims for set-off and counterclaims), including disputes arising out of or in connection with: (i) the creation, validity, effect, interpretation, performance or non-performance of, or the legal relationships established by, this Agreement; and (ii) any non-contractual obligations arising out of or in connection with this Agreement.