March 4, 2020
Welcome to buynow.com.ng. buynow.com.ng and/or its affiliates ("BUYNOW Store") provide website features and other products and services to you when you visit or shop at buynow.com.ng, use BUYNOW Store products or services, use BUYNOW Store applications for mobile, or use software provided by BUYNOW Store in connection with any of the foregoing (collectively, "BUYNOW Store Services"). BUYNOW Store provides the BUYNOW Store Services subject to the following conditions.
By using BUYNOW Store Services, you agree to these conditions. Please read them carefully.
We offer a wide range of BUYNOW Store services, and sometimes additional terms may apply. When you use an BUYNOW Store Service (for example, Your Profile, Gift Cards, BUYNOW Store Video, Your Media Library, BUYNOW Store devices, or BUYNOW Store applications) you also will be subject to the guidelines, terms and agreements applicable to that BUYNOW Store Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use BUYNOW Store Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BUYNOW Store Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You may need your own BUYNOW Store account to use certain BUYNOW Store Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. BUYNOW Store does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BUYNOW Store Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their BUYNOW Store Household. Alcohol listings on BUYNOW Store are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. BUYNOW Store reserves the right to refuse service, terminate accounts, terminate your rights to use BUYNOW Store Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BUYNOW Store reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BUYNOW Store a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BUYNOW Store and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BUYNOW Store for all claims resulting from content you supply. BUYNOW Store has the right but not the obligation to monitor and edit or remove any activity or content. BUYNOW Store takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from BUYNOW Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
BUYNOW Store does not take title to returned items until the item arrives at our fulfillment center. There are no refunds for complaints not made within 72 hours from time of product delivery. There are no refunds for items which are in accordance with buyer’s specification. Refunds can only be made after confirmation of cogent and verifiable reason(s) for return.
BUYNOW Store attempts to be as accurate as possible. However, BUYNOW Store does not warrant that product descriptions or other content of any BUYNOW Store Service is accurate, complete, reliable, current, or error-free. If a product offered by BUYNOW Store itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on BUYNOW Store and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on BUYNOW Store.
With respect to items sold by BUYNOW Store, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BUYNOW Store is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than BUYNOW Store operate stores, provide services or software, or sell product lines through the BUYNOW Store Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from BUYNOW Store. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). BUYNOW Store does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BUYNOW STORE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYNOW STORE SERVICES ARE PROVIDED BY BUYNOW STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUYNOW STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BUYNOW STORE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYNOW STORE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUYNOW STORE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, BUYNOW STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYNOW STORE DOES NOT WARRANT THAT THE BUYNOW STORE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYNOW STORE SERVICES, BUYNOW STORE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BUYNOW STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BUYNOW STORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BUYNOW STORE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BUYNOW STORE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any BUYNOW Store Service, or to any products or services sold or distributed by BUYNOW Store or through BUYNOW.COM.N will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
1st Floor, Left Wing, 31 Aba Road, Opposite Union Bank, Port Harcourt, Rivers State, Nigeria.
ADDITIONAL BUYNOW STORE SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with BUYNOW Store Services (the "BUYNOW Store Software").
1. Use of the BUYNOW Store Software.
You may use BUYNOW Store Software solely for purposes of enabling you to use the BUYNOW Store Services as provided by BUYNOW Store, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the BUYNOW Store Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the BUYNOW Store Software in whole or in part. All software used in any BUYNOW Store Service is the property of BUYNOW Store or its software.
2. Use of Third Party Services.
3. No Reverse Engineering.
You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the BUYNOW Store Software, whether in whole or in part.
We may offer automatic or manual updates to the BUYNOW Store Software at any time and without notice to you.
In the event of any conflict between these Conditions of Use and any other BUYNOW Store or third-party terms applicable to any portion of BUYNOW Store Software, such as open-source license terms, such other terms will control as to that portion of the BUYNOW Store Software and to the extent of the conflict.