Terms and Conditions


Terms and Conditions for Afribarn Corporation


Introduction:

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Afribarn.com accessible at www.afribarn.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website without the supervision of adult 18 years or older.


Charges:

Afribarn does not charge any buying on its website Afribarn.com, but it reserves all rights to charge a fee for some or all services offered on www.afribarn.com, and may change its policies at any time without prior notice to buyers and sellers. It also reserves all rights to introduce new services, modify existing services, and introduce or amend fee charges in relation to these services without prior notice to users of Afribarn.com. These changes and related fee charges shall automatically become effective immediately once introduced on Afribarn.com. You shall be responsible for checking policy changes on Afribarn.


Intellectual Property Rights:

Other than the content you own, under these Terms, Afribarn Corporation and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.


Restrictions:

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may
  • cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing without Afribarn authorization.


Certain areas of this Website are restricted from being accessed by you, and Afribarn Corporation may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.


Your Content:

In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON AFRIBARN.COM AND IN YOUR PRIVATE MESSAGES. Afribarn Corporation reserves the right, but has no obligation, to monitor the materials posted on this website. By displaying Your Content, you grant Afribarn Corporation a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Afribarn Corporation reserves the right to remove any of Your Content from this Website at any time without notice.


Link:

You may establish a hypertext link to afribarn.com as long as the link does not imply any sponsorship or endorsement of your site by Afribarn.com.


Your Privacy:

Please read Privacy Policy.


No warranties:

This Website is provided "as is," with all faults, and Afribarn Corporation express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.


Limitation of liability:

In no event shall Afribarn Corporation, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Afribarn Corporation, including its officers, directors, and employees shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.


Indemnification:

You hereby indemnify to the fullest extent Afribarn Corporation from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.


Severability:

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.


Variation of Terms:

Afribarn Corporation is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.


Assignment:

The Afribarn Corporation is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


Entire Agreement:

These Terms constitute the entire agreement between Afribarn Corporation and you in relation to your use of this Website, and supersede all prior agreements and understandings.


Governing Law & Jurisdiction:

These Terms will be governed by and interpreted in accordance with the laws of the State of Oregon in the United States of America, or in accordance with the laws of Abia State in Nigeria, and you submit to the non-exclusive jurisdiction of the state and federal courts located in United States of America or Federal Republic of Nigeria for the resolution of any disputes.


Additional Terms and Conditions

Vendors Service Agreement:

In our efforts to export African’s excellence to the rest of the world and connect lives, afribarn.com launched its marketplace to African business owners and allowing them to register as vendors to sell their products internationally mostly in United States of America, Canada, and United Kingdom. By signing up as a vendor, you will be provided with a microsite access to display your products for sale. You are also provided with value-added services including but not limited to marketing and advertising, convenient payment gateways, and logistics partnership to cater for customers. To enjoy these benefits, all you have to do is to accept the following terms and conditions. Please note that Afribarn Corporation has the right to modify, change, alter, delete, or add to these terms and conditions without notice by updating contents on www.afribarn.com.


Agreement:

In this agreement, sellers/vendors and Afribarn corporation are referred as parties, or individually as party. By using this website Afribarn.com you hereby agree to the following:

A. Compensation For Services Rendered:

The Seller/Vendor agrees to compensate Afribarn Corporation for the services rendered that are listed in B below. You agree to give permission to Afribarn Corporation to apply transaction/commission fee on each sales that take place as previously agreed upon based on the plan that seller/vendor chose during registration. Afribarn will remit payments for sales generated by the seller/vendor on its platform minus the agreed commission and all applicable taxes as soon as the products sold have been delivered and applicable return period has lapsed (3 days), or as agreed between the Parties. The commission fee is applied after all applicable taxes, shipping charges, and payment gateway processing fees have been deducted. For example, when a vendor has a product with a set price of $45.84, and a customer places an order for that product, he or she will be charged a 5% VAT ($2.18) if vendor is in Nigeria, or other applicable taxes depending on the location of the vendor and an international shipping fee of $31.89 for shipments from Nigeria to USA, which brings the total amount that a customer will pay to $77.73. Then payment gateways may charge between 3-6% to process the payment. Therefore Afribarn Corporation only applies its commission fee after $31.89 shipping fee, 5% VAT fee ($2.18), and the 3-6% of the payment gateway processing fee have been deducted from the total $77.73 that the customer paid when he or she placed the order.


B. Services Rendered:

Afribarn Corporation will ensure delivery services to the seller/vendor, which include the services listed below:

  • Online microsite on Afribarn.com marketplace platform
  • Online payment gateway on Afribarn.com
  • Direct transfer on funds to seller/vendor’s bank account
  • Marketing and advertising
  • Provision of logistics
  • Provision of analytics
  • Customer service access number

Note that Afribarn Corporation has the sole right to modify, change, add, or delete any of the mentioned services including changes to the compensation charges to the services provided, and will communicate directly to the seller/vendor or by publishing the changes on Afribarn.com within 30 days before the change in service and or compensation charge structure is implemented.

C. Sellers Responsibilities:

  • Seller/vendor agrees upload picture(s) of genuine product(s) and the actual product(s) and not picture of related product(s) copied from another source.
  • Seller/vendor agrees not to infringe someone’s or other company’s or business’s copyright or trademark
  • Seller/vendor agrees to provide up to date quantity information
  • Seller/vendor agrees to provide accurate product(s) information. Must provide description on whether an item is ready and in stock or available to be custom made upon the time a customer places an order.
  • Seller/vendor agrees not to display and sell used (second-hand, tokumbo), refurbished, or damaged product(s) as new.
  • Seller/vendor agrees not to display and sell product(s) that has not been approved for sale by the appropriate regulatory bodies
  • Seller/vendor agrees to package and ship the right product(s) as displayed on the website
  • Seller/vendor agrees not to contact customers/buyers directly for conducting business transaction outside Afribarn marketplace platform.
  • Seller/vendor agrees to acknowledge any order(s) placed by customer(s) within 1(one) business day after the placement of the order.
  • Seller/vendor agrees to processed order and make available for shipping within 1(one)- 3(three) business days of the placement of the order by the customer(s) for ready-to-wear items, and 1(one)-2(two) weeks for custom made items.
  • Seller/vendor agrees to pick up any returned item by the seller from Afribarn pick up centers within 14 business days of notification of such return. Afribarn may or may not send additional reminders after the initial notification. If the seller/vendor fails to pick up the return product(s), Afribarn has the sole rights to destroy the product(s), or do whatever it decides with the product(s).
  • Seller/vendor agrees to provide Afribarn the money for refund to the customer within 2(two) business days of receiving notification of a return.
  • Seller/vendor agrees not to hold Afribarn liable for the destruction or disposal of the returned product(s) not picked up by seller/vendor within 14 business days.
  • Seller/vendor agrees that if he or she chooses the product returned directly to him or her, then he or she must initiate refund within 2(two) business days of the courier service receiving the product(s) from the customer.
  • Seller/vendor agrees not hold Afribarn liable for any undeliverable product(s) to the seller/vendor
  • Seller/vendor agrees to be responsible for insurance in relation to the product(s) shipped to the customer
  • Seller/vendor agrees not to sell any product(s) that is stolen or obtained fraudulently
  • Seller/vendor agrees to indemnify Afribarn against any third party claims that include but not limited to legal or arbitration costs arising from the following below and other matters involving the seller/vendor that are not listed:
    • Violation of the law
    • Provision of substandard, fake or inferior product(s) other than what was originally displayed on the website
    • Wrong description and price of product(s) displayed
    • Fraudulent or misleading activities
    • Displaying and selling product(s) that has not been approved for sale by the appropriate regulatory bodies
    • Displaying and selling used (second-hand, tokumbo), refurbished, or damaged product(s) as new.


Termination

In the event of any breach of one or more of the terms and conditions in this agreement by either party, the other party has the right to terminate this agreement and exit this relationship. Afribarn Corporation has the right to evict a seller/vendor from Afribarn.com if the seller/vendor is found to breach the terms and conditions set in this agreement.


D. Buyers Responsibilities:

  • Buyer agrees to provide all the required details needed for successful shipment and delivery of product(s) ordered on Afribarn.com. The required details may include but not limited to legal name, valid address, valid phone number, valid email address, and billing information
  • Buyer agrees to be contacted via phone calls and/or SMS and emails in case of any order and/or shipment issue.
  • Buyer agrees that risk falls on you in the event of damage to the product after receipt, otherwise the risk of loss or damage remains with Afribarn Corporation until the moment the product(s) is delivered to you.
  • Buyer understands that product(s) may sometimes not be exactly as described on Afribarn.com, and Afribarn is liable for any product that is not error-free, reliable, or accurate. If any product does not fit the exact description on the website, it is the responsibility of the buyer to return the product(s) if he or she chooses to do so.
  • Buyer agrees to be responsible for the payment of product(s) ordered including shipping fee and taxes.
  • Buyer agrees that when you are returning a product, you are responsible for the shipping fee, and your refund is only for the price of the product and taxes, but not the shipping fee.
  • Buyer agrees that he or she has three (3) business days from the day the product(s) is delivered to decide if he or she is satisfied with the product(s) or wants to initiate return, and return must be received with 14 business days from the day you received the product(s). Please see Returns for more information
  • Buyer agrees that Afribarn has the sole right to cancel an order when such order does not comply with the policy of Afribarn.com or when Afribarn.com cannot meet the requirement of such order, or based on difference in pricing that resulting from typographic error or product description, or any other reason. Afribarn will try its possible best to communicate any cancelation in appropriate time and refund will be issued as soon as possible.
  • Buyer agrees that Afribarn reserves the sole right to temporarily or permanently modify, change, or delete product(s) that is displayed on Afribarn.com without notice.
  • Buyer agrees that Afribarn.com has the sole right to suspend, ban, or refuse to provide you access to Afribarn.com without any notice if there is a breach of the Afribarn policy by you or by proxy. You will not attempt to register on Afribarn.com again in any form or under alias, unless reinstated by Afribarn.