Transactional Terms and Conditions
Winamall provides a market place for both products suppliers and buyers, majorly, on made in African products. These terms and conditions form a valid agreement between a product supplier and a buyer.
Suppliers and Buyers’ Agreement.
Supplier hereby agrees to supply product to the Buyer and the Buyer agrees to buy the said product from Supplier on the terms and conditions set out in this Agreement.
This agreement is binding on the two parties (Supplier and Buyer) to this contract. This agreement does not vitiate any other Agreement to be reached by the Supplier and Buyer. However, when the content of such further agreement conflicts with this agreement, this agreement shall prevail. The content of this terms and conditions is hereby agreed by both parties to apply in this agreement for effective and hitch free transactional procedure between the two parties.
Term of Agreement. In any contractual undertaking between a buyer and a supplier under the platform of Winamall, the agreement is deemed to commence on the "Start" date and will end on the "End" date set forth in the agreement between the buyer ad supplier. If there is no such further agreement between the parties, the date the buyer makes payment to the seller through Winamall platform will become the start date while the date the buyer receives the product is the end date.
1. Confirmation of receipt of Product:
- After a product has been conveyed to the buyer, it is the buyer’s obligation to immediately inspect the product and notify its supplier of any defect in the Product. It is still important that the buyer further immediately notifies this website of such defect. The Product shall be deemed to be in perfect condition for all purposes by Winamall if no such notice is received
- Buyer agrees to abide by all terms of this agreement, including all laws, ordinances, statutes, order.
- Buyer and Supplier agree to comply with all rules, regulations, applicable international and state laws and statutes governing their transaction as they apply to this agreement.
2. Payment Terms.
The following payments shall be made by the Buyer in full prior to the shipping day :
- Full price of the product.
- Shipping charges
- All assessments, taxes, governmental charges and fees if any.
b. Buyer hereby agrees that full payment shall be paid by the buyer by providing credit card information of buyer to Winamall.com. The Buyer hereby authorizes Winamall.com to charge Buyer's credit card for all charges due under the terms of this Agreement. Both the Supplier and buyer agree that Winamall.com and its partners are not parties to this agreement. Both parties also agrees that Winamall.com is simply providing billing and collection services to the Supplier and not responsible for any obligation to Supplier or Buyer under the terms of this Agreement.
c. Buyer agrees that Winamall shall hand over all payments made through Winamall.com to the Supplier. Thus, Winamall is not a representative of either party
If supplier chooses to cancel the contract any time before the closing date of the contract, supplier shall not be liable to pay to the buyer any other money except the full refund of buyer’s initial payment.
- WINAMALL INDEMNITY AND RELEASE. The Supplier and Buyer agree and admit that their use of Winamall services and website is principally to facilitate their transaction at their own risk and both further agree that Winamall.com and its partners are not parties to this agreement but merely provides tools and platform for both parties to come together on a neutral ground and that Winamall shall not be held responsible as a party to this agreement.
- It is further agreed by both parties that Winamall is not an agent to any of the two parties and that Winamall website are provided on an "AS IS" and "AS AVAILABLE" basis and to the extent permitted by applicable laws and statutes. Both parties (Supplier and Buyer) agree that Winamall is hereby excluded from all expressed or implied warranties in this contract. This includes, but not limited to implied warranties of fitness for a particular purpose, non-infringement, merchantability including the terms and conditions. Supplier and Buyer hereby agree to release Winamall, (and its employees, managers, directors, shareholders, affiliates, networkers, subsidiaries, and their respective agents) from all damages, all claims, demands and (consequential or actual) of all kinds and nature, known and unknown, in any way connected with or arising out of any dispute each party has with one or any visitor to Winamall website or user of Winamall’s services.
Supplier and Buyer hereby expressly agree to waive any protection (whether statutory or otherwise) that should otherwise limit the coverage of this release to Winamall as has been expressly stated in this section to include also those claims which any of the parties may suspect or know to exist in its favor before or at the time of agreeing to this release. The parties hereby agree that this Section applies without limitation, to any services either party may engage through the Winamall website; this includes courier and shipping services, payment services through the platform of Winamall website, legal and ADR services amongst others. It is agreed by both parties that Winamall has no liability to any party using any of Winamall affiliate services, including courier and shipping solutions.
Each party further agrees to indemnify and defend Winamall and its employees, managers, directors, networkers, affiliates and subsidiaries, and their respective agents and shareholders) (the "Winamall Indemnified Parties"), and hold each of them harmless from and against any claim, petition, fine, and all losses, damages, expenses, penalties, suits, liabilities and obligations. This includes without limitation to attorneys' fees and any other losses that the Winamall Protected Parties shall incur or suffer relating to, or consequential to or arising out of or resulting from (a) this Agreement, (b) intentional misconduct, deception, fraud or misrepresentation of Supplier or Buyer or any party or of persons acting for or on behalf either party, any act of negligence, pursuant to this Agreement, including without limitation, managers, directors, employees, contractors, agents and representatives of such party, (c) a breach of this Agreement by any of such party, (d) a breach of any law or the rights of a third party by any of such party. (e) an improper use of Winamall's services or website by any of such party, Limited Warranty; Limitation of Liability of Supplier
- Supplier represents that Buyer shall be entitled to a peaceful and quiet possession of the Product.
- Supplier warrants to buyer that the product is in perfect working condition under normal use.
4. Force Majeure.
Neither party shall be held liable for breach of this Agreement in the event that all or substantially all of its obligations under this Agreement are materially interfered by reaso n of any cause or occurrence beyond the control of such party, including without limitation, to flood, epidemic, earthquake, explosion, accident, war, blockage, embargo, act of public enemy, civil disturbance, labor dispute (or threatened disputes). If the force majeure events prevents Supplier from performing its obligations hereunder, buyer may terminate this Agreement without liability. If the force majeure events prevents buyer from performing its obligations hereunder, Supplier may terminate this Agreement without liability.