TERMS AND CONDITIONS OF USE

Welcome to the Shopsfit.com website (the site). These Terms and Conditions apply to the site. For purposes of this website, ‘seller’, ‘we’, us, and our all refer to Shopsfit.com.
You must confirm that you are 18 years of age prior to registration on this website and in the event that you are younger, that you have your parent’s permission and or consent to utilize their card to make purchases on this website (such consent must be in writing and signed by the cardholder).
The site reserves the right to change, modify and or remove portions of both the Terms and Conditions of Use and Terms and Conditions of sale at any time.
It is important that you review the Terms and conditions of use and Terms and conditions of sale prior to registering on the site as your use of the site indicates that you are legally bound by its Terms and conditions without modification.
In the event that you need further clarification on the Terms and conditions contained therein, do not hesitate to contact our customer care center for clarification with regards to the same.

THESE TERMS AND CONDITIONS GOVERN THE USE OF THIS WEBSITE

1. Collection of Personally Identifiable Information

We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up a free account with Shopfit.com. While you can browse some sections of our site without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

2. Use of Demographic and Profile Data

We use personal information to provide the services and or products you request and purchase. To the extent we use your personal information to market to you, we will provide you the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; collect fees owed; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud, and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our product and service offerings, we collect and analyze demographic and profile data about our users' and customer's activity on our website. We will occasionally ask you to complete optional online surveys. These
surveys may ask you for contact information and demographic information (like location, local government area, age, or income level). We use this data to tailor your experience at our site, providing you with content that we think you might be interested in--and to display content according to your preferences. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, send an email to the customer service email by country.

3. Cookies

A "cookie" is a small piece of information stored by a Web server on a Web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. ……………………..places both permanent and temporary cookies in your computer's hard drive. …………………….. cookies do not contain any of your personally identifiable information.

4. Sharing of personal information
We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services, and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt -in.


We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes.

5. Security Precautions/Data Protection

Our site has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.

6. Choice/Opt-Out

Shopsfit.com provides all users with the opportunity to opt-out of receiving non-essential (promotional, marketing-related) communications from us on behalf of our partners, and from us in general, after setting up an account. If you want to remove your contact information from all shopsfit.com lists and newsletters, please visit https:/……………………../unsubscribe. In the future, you can unsubscribe by clicking the one-click unsubscribe button located at the bottom of every email

7. Intellectual Property

Parties agree that all intellectual property rights and database rights whether registered or not in the site, information content on the site, and all website design, including, but not limited to text, graphics, software, photos, video, music, sound and their selection and arrangement, and all software compilations, underlying source code, and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted after consent is sought for and obtained from us or our licensors.

8. Indemnity

All users agree to indemnify and hold us, our affiliates, officers, directors, agents, and or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of the use of our website.

9. Applicable Law and Jurisdiction

Our Terms and Conditions of our website shall be interpreted and governed by the Laws in operation in the Federal Republic of Nigeria.  Each Party agrees to be submitted to the jurisdiction of the Courts within the Federal Republic of Nigeria and to waive any Preliminary Objections based on venue.

10. Arbitration

In the event of any difference or dispute arising out of or in connection with the operation of these Terms and Conditions which forms a binding contract between the Parties, the parties shall meet and negotiate in good faith to settle the matter amicably. If the parties are unable to settle, upon the demand of either party, the matter shall be submitted to a single arbitrator appointed by agreement of the parties; and in default of such agreement the arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators UK (Nigerian Branch). The seat of arbitration shall be in Lagos, Nigeria, and shall be governed by the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004 or any modification or replacement thereto. Further to the foregoing, we reserve the right to pursue intellectual property rights and confidential information through injunctive and equitable reliefs which can be obtained at the appropriate court within the Federal Republic of Nigeria.

11. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you immediately terminate the Terms and Conditions of use or revoke any or all of your rights granted under the Terms and Conditions of use

12. Severability

If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any section listed in this document.
13. Miscellaneous Provisions

The user/customer agrees that all agreements, notices, disclosures, and other communications that the website provides to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of use to any third party is prohibited unless agreed upon in writing by the seller.

The website reserves the right to transfer, assign or subcontract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of use to any Third Party



VENDOR'S TERMS & CONDITION

This is an electronic record that observes the terms and condition between ShopsFit and The Vendor. When you register with our marketplace as a seller, you accept these seller’s terms and conditions and the general terms and conditions. When using any of our services on the website (www.shopsfit.com) and tools, you have been subjected to the policies applicable to the website. The site reserves the right to change, modify and or remove portions of both the Terms and Conditions of use and Terms and Conditions of sale at any time.

WHEREAS:

  1. The Company is an online firm which provides a market environment service for buyers and sellers to transfer, purchase, and demand a verity of items.
  2. The Vendor is an individual, business organization, company, etc. which sells products or deals in a several items.
  3. The Vendor has offered to provide the company with the items which would be advertised on the website of the Company.
  4. The Company agrees to keep/safeguard Customers personal information with state-of-the-art data protection tools.

 

NOW IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:

  1. The Vendor shall be responsible for the cost of delivery of items to the store of the Company closest to them

 

  1. The Vendor shall abide by the Laws of the Federal Republic of Nigeria and refrain from uploading materials which are therein Prohibited/Restricted by any Law enforced e.g. pornographic materials, Religiously inciteful items, Ethnic harmful materials on the Company’s platform.

 

  1. The Vendor shall comply with the packaging standard required by the Company for any items advertised on the company’s platform.

 

  1. The Parties agree that the Vendor shall be entitled to 3(three) months free subscription on the Company’s Platform to advertise his/her goods and thereafter the Vendor shall pay a monthly subscription in the sum of N………. to the Company. In the event that the free subscription period has elapsed and the Vendor fails to make the agreed upon monthly subscription payment to the Company within 7(Seven) working days after the Free Subscription period, the Company shall discontinue the subscription of the defaulting Vendor until such a time the Vendor renews his/her subscription.

 

  1. The Company shall reserve the right to pull down the advertisement of any item of the Vendor which does not meet the packaging standard of the company.

 

  1. The Company reserves the right to reject goods delivered to its offices which does not pass its laid down quality assurance check and such rejected goods would attract a penalty fee of N3,000(Three Thousand Naira).

 

  1. The Vendor undertakes not to advertise counterfeit and fake products on the Company’s Platform and in the event that the Vendor tries to advertise same and it is discovered by the quality assurance check of the Company, the Vendor shall be liable to pay a penalty fee of N15,000(Fifteen Thousand Naira) in the first instance and if this reoccurs, the Company reserves the right to expunge the Vendors account from its Platform without any recourse to the Vendor.

 

  1. The Company reserves the right to ensure that the Vendor does not advertise prohibited goods on its Platform and when this occurs and is discovered at the point of the quality assurance check, the Vendor would be liable to pay a Penalty fee of N150,000(One Hundred and Fifty Thousand Naira) to the Company.

 

  1. The Parties agree that where there is a complaint by a customer who has purchased the goods from the Company’s Platform which does not meet with the customer’s satisfaction and same is returned to the Company, the Vendor shall be liable to pay a penalty fee of N5,000(Five Thousand Naira).

 

  1. The Vendor shall ensure that images of items to be advertised on the Company’s platform shall be taken with high resolution cameras (phones/digital cameras) with clear backgrounds and sharp contrast.

 

  1. The Vendor shall have 3 months subscription holiday from the signup date after which a monthly subscription rate shall be paid at ___rate.

 

  1. The Company shall have a percentage/Commission attached to every item of the Vendor advertised and sold on the Company’s platform.

 

  1. The Vendor shall be paid for items delivered to the Company 5 Business days after delivery has been effected to the customer.

 

  1. The Vendor Agrees that customers who purchase goods advertised by them on the Company’s platform have a 72 hours period from the date of collection of the item to lodge a complaint about any faulty item and return same to the Company’s closest store.

 

ANTI-COUNTERFEIT POLICY

The Vendor shall not advertise substandard items on the Company’s website or deliver such items to the company’s store at any material time regardless of cost or availability of such items.

 

PENALTY POLICY

  1. The Vendor shall pay penalty for items advertised on the Company’s platform but not delivered as at when due.

 

  1. The Vendor shall be liable in a case of delivering wrong products/Faulty products to the Company's store and shall incur all charges therein (logistics, payment platform, and additional fee to be imposed by the Company).

 

SHARING OF PERSONAL INFORMATION

  1. The Parties agree that the Company may share personal information with its other corporate and affiliates to help detect and prevent identity theft, fraud or other potential illegal acts, correlate related or multiple accounts to prevent abuse of the Company’s services and to facilitate joint or co-branded services that the Vendor requests where such services are provided by more than one corporate entity.
  2. Those entities and affiliates may not market to the Vendor as a result of such sharing unless the Vendor explicitly opt-in.
  3. The Company may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders or other legal process.

 

INTELLECTUAL PROPERTY

Parties agree that all intellectual property rights and database rights whether registered or not in the site, information content on the site and all website design, including but not limited to text, graphics, software, photo, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in the company or our licensors. Use of such material will only be permitted after consent is sought for and obtained from us or our licensors.

 

INDEMNITY

All users agree to indemnify and hold us, our affiliates, officers, directors, agents, and or employees, as the case may be, free from any claim or demand including reasonable legal fees, related to your breach of these Terms and Conditions of the use of our platform.

 

APPLICABLE LAWS

The Terms and Conditions of the Company’s website shall be interpreted and governed by the Laws in operation in the Federal Republic of Nigeria. Each party agrees to submit to the jurisdiction of the Courts within the Federal Republic of Nigeria and to waive any Preliminary Objections based on venue.
 

ARBITRATION

In the event of difference or dispute arising out of or in connection with the operation of these Terms and Conditions which forms a binding contract between the parties, the parties shall meet and negotiate in good faith to settle the matter amicably. If the parties are unable to settle upon the demand of either party, the matter shall be submitted to a single arbitrator appointed by agreement of the parties, and in default of such agreement the arbitrator shall be appointed by the Chairman of the Chartered Institute of Arbitrators UK (Nigerian Branch). The seat of arbitration shall be in Lagos, Nigeria and shall be governed by the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004 or any modification or replacement thereto. Further to the foregoing, we reserve the right to pursue the intellectual property rights and confidential information through injunctive and equitable reliefs which can be obtained at the appropriate court within the Federal Republic of Nigeria. 

TERMINATION

In addition to any other legal or equitable remedies, the Company may without prior notice to Vendor immediately terminate the Terms and Conditions or revoke any or all the Vendors rights granted under the Terms and Conditions.

SEVERABILITY

If any portion of these Terms and Conditions is held by any court or Tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any section listed in this document.

MISCELLANIOUS PROVISION 

The user/customers agree that all agreements, notices, disclosures and other communications that the platform provides to Vendor electronically satisfies any legal requirement that such communications shall be in writing. Assigning or sub-contracting any of the Vendors rights or obligations under these Terms and Conditions to any third Party is prohibited unless agreed upon in writing by the seller.

The Platform reserves the right to transfer, assign or subcontract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any Third Party. 

IN WITNESS WHERE OF, this Agreement has been duly executed on behalf of the parties hereto the day and year first above written.