AVAILING THE SERVICES OFFERED BY THE IWE STORE WEBSITE, THIS MEANS THAT YOU AND/OR YOUR COMPANY (THE MERCHANT) AGREES WITH THE FOLLOWING TERMS AND CONDITIONS MENTIONED UNDER IN THE MERCHANT AGREEMENT. THE MERCHANT SHOULD READ THIS CAREFULLY.

By acknowledging the acceptance of this Merchant Agreement by any method allowed by Iwe Store, or by using or accessing any of the Transaction Services provided on this platform through any means permissible including, without limitation via a computer or a mobile application, Merchant hereby acknowledges and agrees that: (i) it has reviewed and understands the Merchant Agreement; (ii) it agrees to be legally bound by the terms and conditions of the Agreement; and (iii) its use of the Transaction Services and any related products or services will be governed by this Agreement. If Merchant does not agree or is not willing to be bound by the terms and conditions of this Agreement, Merchant should not seek to obtain or use the Transaction Services of Iwe Bookstore.

(1.1) “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Products on Iwe.store.

(1.2) “Seller/Merchant”: A Person or any entity which desires to establish an online account for selling products or services using the platform provided by Iwe Store and by accepting this Merchant Agreement’s terms and condition.

(1.3) “Merchant Materials”: means all Trademarks, Content, information, data, materials, and other items (excluding the E-commerce Technology) provided or made available by Merchant or its Affiliates to Iwe Store, its Partners and/or its Affiliates.

(1.4) “Merchant Order” means an order for a Merchant’s Product initiated through the website or via customers calling the Telephone Number(s) provided on the Platform pursuant to this Merchant Agreement.

(1.5) “Price” means the cost at which the Products are to be delivered to the Customer inclusive of Shipping charges, applicable taxes if any.

(1.6) “Service charge” means the margin per transaction charged by Iwe Store to the Merchant at the rates agreed to between the parties, upon the sale of product on the e-commerce platform store. (Margin per transaction charge

for Merchant’s Products sold through Iwe Store or on any of its Partners and/or Affiliates website).

2. Iwe’s Service Scope

(2.1) Iwe (“Iwe”) owns and operates an e-commerce platform in Nigeria that allows merchants to sell and distribute their products under various sections/topics to the public over the internet on its website. This platform is currently provided on the website www.Iwe.store, but may be provided on different affiliate websites and/or Applications in the future.

(2.2) The merchant will have the opportunity to market/sell their products on the Iwe platform. Iwe is entitled to accept purchases on behalf of the seller/merchant. The service provided by Iwe is limited to referring customers to the merchant and accepting orders and payments on their behalf. In addition to this, at Iwe’s discretion it may provide the merchant with analytics about the performance of the merchant’s products and additional marketing support. This support shall be reflective of the agreed level of commission.

(2.3) The merchant authorises Iwe to accept binding orders from customers on their behalf.

(2.4) Iwe will bring its technologies through its website development, online promotions, e-commerce payment gateway integration and may carry out changes to the website or service, or suspend the service, without notice to the Merchant.

3. Iwe's Rights and Obligations

(3.1) The merchant acknowledges that the relationship between Customers and Iwe Store is governed by the Privacy Policy, Returns & Refunds Policy and the General Terms and Conditions, which are all available on the website.

(3.2) Iwe shall have the sole right and discretion to decide about the products listed by the Seller/Merchant on the website. The merchant will be responsible for selecting and listing their own products subject to Iwe’s approval or may commission Iwe to do so for a token fee.

(3.3) Iwe Store is authorised to accept binding sales on behalf of the Merchant and will be careful to pass only any necessary data to the Merchant.

(3.4) In order to maintain its reputation for quality and high standard of service, Iwe reserves the right to terminate the relationship with the Merchant if the merchant repeatedly receives bad reviews or complaints, or fails to comply with Iwe Store’s recommendations and/or the Merchant Agreement.

4. Merchant's Rights and Obligations

(4.1) The merchant is obliged to provide all the information necessary when listing a product on Iwe.store. This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description of each product. Each listing must be accurate, current, and complete and is not misleading or otherwise deceptive.   The Merchant must notify Iwe Store of any changes to the details of their listings while being uploaded on the site.

(4.2) The Merchant guarantees that all information listed on Iwe Store relating to its products satisfies all legal requirements, and in particular satisfies information requirements for consumer protection. The Merchant shall be responsible for ensuring products listed on Iwe Store meets all Legal requirements under applicable laws.

(4.3) The merchant will be responsible for keeping an up-to-date inventory of all their products listed on Iwe Store.

(4.4) The Merchant guarantees that the information/products provided/listed by it is not prohibited under any Law and not engaged in the following activities; Adult Goods & Services, Alcohol, Child Pornography, Copyright unlocking devices, Copyrighted Materials/Media, Copyrighted Software, Counterfeit & Unauthorized Goods, Illegal Goods, Any product or service, which is not in compliance with all applicable laws and regulations whether Federal, State or Local Laws of Nigeria including International Laws.

(4.5) The Merchant will not contact the customers directly for the processing of the Customers’ transactions referred by Iwe Store. In particular, the merchant will not send any advertising email or other commercial advertisements to the Customer without prior agreement from Iwe Store or the request of the customer. When delivering products sold via Iwe Store to Customers, the Merchant will not advertise any other Company that has a similar business module to Iwe Store or Iwe’s competitors.

(4.6) The Merchant is required to keep his advertised products and services available to the barest minimum of at least 10 of each product listing. Repeated stock-outs amounts to a breach of this Agreement and will result in the removal of the Merchant and all its products from the Iwe platform.

(4.7) If a Merchant cannot fulfil an order submitted to it, it must notify Iwe Store as soon as possible and no later than within 24 hours of the sale of the product or service.

(4.8) The Merchant agrees to adhere to its range of products and prices as provided to Iwe Store and as described on their listing on the website. The merchant guarantees, represents & warrants that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products it is selling through the platform. The Merchant further guarantees to take great care to keep up-to-date inventory of its range of products, stock count, prices and associated terms and conditions, like delivery fees.

(4.9) The Merchant/Seller or its representative is to provide Iwe Store with a copy of his/her valid means of Identification (Drivers Licence, permanent Voters Card, National Identification, National Identification, International Passport Page) for the execution of the Merchant Agreement.

5. Service Charge/Commission

(5.1) The Merchant agrees to pay Iwe a thirty percent [30%] commission on the gross revenue from their sales made through the Iwe Store platform. Depending on the category of the product listing, there shall be different commission percentages for certain services or product categories.

(5.2) Iwe reserves the right to charge additional fees for the sale of Services/Products through the Iwe platform at any point during this Merchant Agreement. These may include but are not limited to, listing fees, multiple photos fees and enhanced marketing fees. In the event of the introduction of additional fees, the Merchant will be notified prior to the commencement in writing of the additional fees and the Merchant shall have the option to opt out subject to all service charge fees having been paid up to the date of opting out.

(5.3) Iwe Store reserves the right to change the service charge percentage commission, provided notice is served in advance of the changes to the Merchant. Iwe Store will give the Merchant adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement of the Parties on the change.

6. Customer Online Payment

(6.1) All transactions made on the Iwe platform are done electronically (e.g. by credit card, debit card, or Wireless online Transfer). Iwe Store collects the payment for the relevant order in Iwe’s name on behalf of the Merchant, and pays it out to the Merchant according to the invoicing agreement.

(6.2) The Merchant will keep receipts of deliveries to customers for at least 13 months and make the receipts available on request. Where there is a case of rescindment or in the case of a delivery failure, the Merchant must immediately notify Iwe Store by a telephone so that the credit card payment may be cancelled.

(6.3) The Merchant shall solely bear the risk of abuse of the payment medium (e.g. of credit card or debit card fraud). Where a fraudulent payment has been credited to the merchant, Iwe Store reserves the right to correct the amount the merchant is invoiced to offset this payment.

9. Privacy/Confidentiality

Both parties shall treat with confidentiality the contents of this Merchant Agreement, as well as all other information and data they acquire in connection with the Merchant Agreement, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for two (2) years after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, Affiliates, Suppliers and business Partners with confidentiality.

10. Licence

(10.1) Iwe Store has the right to freely maintain the merchant’s listing and its ranking on the website. Iwe offers customers the opportunity to give ratings and reviews of the merchant’s products on the website, and has the right to publish these online and make them visible to all customers. Iwe reserves the right to delete ratings and reviews.

(10.2) Iwe may scan, transcribe, and publish online the merchant’s listings, logos and other materials required. The Merchant grants to Iwe Store a royalty- free, perpetual, unrestricted licence to use and distribute any materials provided by it, for the purpose of advertising Iwe’s service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.

11. Terms and termination

11.1) This Agreement shall commence upon the execution of the Merchant Agreement by the Merchant, or fulfils an order referred by Iwe Store, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the Merchant Agreement The right to immediate termination by either party for important cause remains unaffected.

(11.2) The right to immediate termination in particular covers the case where the Merchant repeatedly receives negative ratings and reviews on the website. Repeatedly providing misleading information or withholding information required to present the Merchant’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.

12. General

(12.1) If a single clause in this agreement is invalid, both parties will endeavour to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.

(12.2) Iwe reserves the right to modify its general terms and conditions without any reasons. In that case, Iwe Store will give the Merchant adequate notice via email.

(12.3) The modified terms and conditions are considered agreed by the Merchant if he does not object to them in writing within 5 days of receiving notice of the changes.

(12.4) Any terms and conditions of the Merchant are not part of this Merchant Agreement unless Iwe Store expressly agrees to adhere to them in writing.

13. Governing Law and Jurisdiction

This Merchant Agreement shall be governed by and construed in accordance with the laws of Nigeria. Any dispute arising out of or in connection with this Merchant

 

Agreement shall be subject to the jurisdiction of the Courts in Nigeria. All disputes between the Parties herein in the first instance shall be submitted to Arbitration in accordance with the Arbitration and Conciliation Laws of the Federal Republic of Nigerian under the direct supervision of the Chartered Institute of Arbitrators in Nigeria.   The Arbitral award(s) of the Arbitral Panel shall be final as between the parties and only subject to Appeal to a court having Appellate Jurisdiction in Nigeria.

14. Notices

Without limiting other remedies, Iwe may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Iwe website in the event that Iwe in its sole discretion determines that your actions and/or inactions amount to a breach, including, but not limited to:

 

1.    If you breach the Terms of Use or Privacy Policy or any other rules and policies, if any;[AAO1] 

2.    If Iwe is unable to verify or authenticate any information you provide; or

3.    If it is believed that your actions may cause legal liability for you, other Users or Iwe.

Iwe may at any time at its sole discretion reinstate suspended users.

A User that has been suspended or blocked may not register or attempt to register with Iwe or use Iwe Website in any manner whatsoever until such time that such User is reinstated by Iwe. Notwithstanding the foregoing, if you breach the Terms & Conditions or Privacy Policy or other Rules and Policies, Iwe reserves the right to recover any amounts due and owing by you to Iwe and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Any notice and other communication required or permitted under the terms and provisions hereof shall be in writing and shall be given by personal delivery, registered mail or email or courier and shall be deemed given when received by the recipient at its following address:

IWE STORE:

19, Oba Avenue Lekki County Homes Ikota, Lagos, Nigeria.

 

 

email: info@iwe.store