Terms and Conditions

By signing up for an account on www.lubumi.africa as a seller, you are deemed a seller and agree to these Seller Terms of Service (the “Agreement”).

PLEASE READ THESE SELLER TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP. If you do not agree to any or all these Terms of Service, DO NOT USE THIS SITE.

1. Services

1. LUBUMI AFRICA (“Lubumi”, “we”, “us” or “our”) is an e-commerce company, a thriving ecosystem that is made up of independent creative shop owners offering authentic heartfelt handcrafted items for sale. Lubumi is an online marketplace connecting African creatives from all over the world and allows you to open a free online store to sell your creations or crafts. (the “Services”) on its website www.lubumi.africa or www.lubumi.com (the “Site”, “Website” or “Platform”).
2. LUBUMI is not the creator, organizer or owner of the goods and products listed on the Platform. Rather, it enables entrepreneurs sell their goods and products on the Platform.

2. Using the Services

To use the Services, you must create an account and upload the requisite information in relation to your product (as prompted by the Website). Once the product information has been posted, the Seller then publish the information on the Platform for customers to buy the products.

3. Agreement

These Seller Terms of Service is an agreement between you and LUBUMI. It details our obligations to you. It also highlights certain risks on using our Services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our Services.

4. Registration and Verification

To use the Site, you must create an account by registering. To register, you will provide us with certain information including but not limited to your email, first name, last name, means of identification, business name, social media accounts and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.

5. Change of Information

In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments, you agree to notify us within 14 days of such change by updating your profile with the changes.

6. Our Rights and Obligations

1. We shall observe the terms and conditions of use of the website as well as the Privacy Policy both of which are provided on the website.
2. We will publish on the website the products and descriptions that are provided by the sellers.
3. We will accept orders and complete contract with the customers on behalf of the sellers and communicate same to the Seller within a reasonable time to ensure timely delivery to the customer.
4. We reserve the right to vet products to be listed by Seller, review Seller’s rating or complaints against Seller on the platform from time to time and may make recommendations to Seller or terminate this agreement with the Seller accordingly.
5. We reserve the right to request for your record of sales and payments regarding the transactions made on the website.

7. Seller Rights and Obligations

1. You are obligated to observe the Terms and Condition of use and the Privacy Policy available on the website.
2. You are to make available to us a list and particulars/descriptions of products to be uploaded on the website and keep us informed of any change in the particulars of products so uploaded by us on the website.
3. You guarantee that the products and particulars to be uploaded are in compliance with the laws applicable in Nigeria and are not in violation of any third party’s right.
4. Upon being informed of our confirmation of an order, you are required to process and prepare the products for delivery to the customers within 1 day of such notice of the order. You are to ensure that the product as advertised is available in stock, failing which may attract sanction/penalty.
5. You are obligated to keep proper records of all sales and payments in respect of transactions conducted on the website and provide us with same upon request.

8. Representation and Warranties

You represent and warrant to Lubumi that:

1. you have full power and authority to enter into, execute, deliver and perform this Agreement;
2. this Agreement is binding and enforceable against you and no provision requiring your performance conflicts with your obligations under any agreement to which you are a party; and
3. you are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.
4. you warrant that the products are fit for purpose, good for use in Nigeria and that the same comply with the laws, regulations or standards in Nigeria.
5. you warrant that you have the full powers to dispose and sell the product so advertised and that same is not encumbered by the provisions of any law, orders, rules, regulation or by any third party.
6. you provide a warranty that on delivery, the products shall:
   1. conform, in all material respects with their description.
   2. be free from material defects in design, material and workmanship.
   3. be of satisfactory quality.
   4. be fit for any purpose held out by you.

9. Age Restriction

Our Website and Services are not directed to persons under 18. We do not knowingly transact or provide any Services to persons under 18.

10. Account Security

You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event that you share your password details, Lubumi will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access our Services.

11. Code of Conduct

11.1 All sellers on Lubumi are expected to act honestly and in good faith to ensure a seamless buying and selling experience at all times. Sellers must also ensure to abide by the following guidelines:

1. Shall provide accurate data and information to us and our customers at all times;
2. Shall not in any way or manner, attempt to damage, ridicule or abuse another seller, their pricing or their products;
3. Shall not attempt to circumvent Lubumi’s sales process or divert Lubumi’s customers to another website or platform;
4. Shall not contact customers directly except through the messaging channel provided by Lubumi;
5. Shall not share customer’s information with a third-party;
6. Shall not send unsolicited or inappropriate communications;
7. Shall not attempt, directly or indirectly, to influence customers’ ratings, feedbacks and reviews;
8. Shall not operate more than one seller account on Lubumi unless for a legitimate business need;
9. Shall not authorize a third party to act on your behalf in a way that violates Lubumi’s policies or your agreement with Lubumi;
10. Shall not artificially inflate web traffic such as by using bots or paying for clicks;
11. Shall not sell counterfeit or fake products.

11.2 Penalty Violation of this code of conduct or any other policy/terms and condition may result in penalties or give a right of action against the defaulting seller. Such penalties include but are not limited to:

1. cancellation of listings;
2. suspension or forfeiture of payments;
3. payment of an amount as penalty by seller;
4. removal of selling privileges;
5. deactivation or suspension of account;
6. termination of the agreement between the defaulting seller and Lubumi;
7. an action in Court to claim damages;
8. Any other reasonable action/step as Lubumi may deem fit to take in the circumstances.

12. Customer Payments

Flutterwave accepts and process all online purchases for products and process all credit/debit card payments by the customers on your behalf.

13. Seller’s Fees and Settlement

1. You authorise us to collect all funds from the sale of your products on our Platform, deduct our fees and remit the proceeds to the bank account you provide us with.
2. Our fees for the Services we render is 10% of the sales you conducted on our platform. We reserve the right to revise our fees.
3. Except as otherwise agreed, all payments shall be made to you by electronic transfer.
4. After transfer of funds is initiated to your Bank Account, we will update information on your Lubumi Seller’s dashboard (the “Dashboard”) to reflect settlement. Information regarding your transactions that are processed and settled will be available to you on your Dashboard. While we will provide you with your transaction history, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Lubumi account as may be required for your event. Lubumi is not responsible for maintaining your transaction history or other records in a manner consistent with your record retention obligations.
5. Lubumi reserves the right to hold funds equal to the value of any Seven (7) days sales for a period of Seven (7) days after the date of the first or last transaction in order to accommodate cancelled events, chargebacks, disputed transactions or any other circumstances that may pose significant exposure, risk, or liability to Lubumi.

14. Trademark License

We hereby grant you a revocable, non-exclusive, non-transferable license to use Lubumi’s trademark solely in conjunction with the use of our Services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of Lubumi’s trademark or any other trademark, trade name or product designation belonging to or licensed to Lubumi. Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of Lubumi’s trademark.

15. Intellectual Property

We do not grant any right or license to Lubumi’s intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.

Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.

16. Publicity

You hereby grant us permissions to use your name, logo, product, pictures, content in our marketing materials including, but not limited to use on our website, social media platforms, in customer listings, at interviews and in press releases. Such publicity does not imply an endorsement by us for your products and services.

17. Confidential Information

The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.

As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall:

1. not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information;
2. not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent;
3. disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes;
4. take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and
5. take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.

18. Card Network Rules

Each card network has its own rules, regulations and guidelines. You are required to comply with all applicable network rules that are applicable to sellers. You can review portions of the network rules at Mastercard, Visa, Verve and other payment cards. The card networks reserve the right to amend the Network Rules.

19. Unauthorised Use of Site

Illegal and/or unauthorised uses of the Site, including, but not limited to, unauthorised product sales, unauthorised framing of or linking to the Site, or unauthorised use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Lubumi reserves the right to block your access to the Site or Lubumi’s other services.

20. Chargebacks

A Chargeback usually happens when a customer files directly with or disputes through his or her credit or debit card issuer a payment on their bill. It may result in the reversal of a transaction. You may be assessed Chargebacks for (i) customer disputes; (ii) unauthorised or improperly authorised transactions; (iii) transactions that do not comply with Card Network Rules or the terms of this Agreement or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by the Card Network, our processor, or the acquiring or issuing banks. Where a Chargeback occurs, you are immediately liable for all claims, expenses, fines and liability we incur arising out of that Chargeback and agree that we may recover these amounts by debiting your Bank Account. Where these amounts are not recoverable through your Bank Account, you agree to pay all such amounts through any other means.

21. Refunds

You agree that you are solely responsible for processing all refund requests made by customers that purchase your products. We are under no obligation to process refunds of payments made by customers that purchase your products on our Platform.

22. Termination

You may terminate this Agreement by closing your account.

We may suspend your account and your access to our Services or terminate this Agreement, if;

1. you do not comply with any of the provisions of this Agreement;
2. we are required to do so by Law;

23. Privacy Policy

LUBUMI is committed to managing your personal information in line with global and local data protection rules. You can read our Data Protection policy here: https://lubumi.africa/data-protection to understand how we use your information and the steps we take to protect your information.

24. Content and Image Guidelines

24.1 Every product page on Lubumi must contain clear, accurate and complete information regarding the listed product. We therefore require each product page to contain all the following:

1. Brand name
2. Product category and sub-categories
3. Product name
4. Product attributes
5. Product descriptions/specifications
6. Product highlights or unique selling points
7. List of all accompanying items/accessories
8. Price in Naira (N) and in USD ($)
9. Warranty information

24.2 Every seller is required to upload images of products on the Lubumi website which must:

1. accurately depict the actual product listed;
2. be clear and sharp and have a minimum resolution of 500 x 500 pixels a maximum resolution of 2000 x 2000 pixels; and
3. depict the product from different views/angles (a minimum of three different images) in order to convey all features of the product.

24.3 Images of products on Lubumi must not:

1. be stretched or squashed;
2. be obscured by watermarks or text which, if included must be kept to an absolute minimum; or
3. be used without the authorization or licence of the copyright owner e.g screenshots from third party websites.

25. Prohibited and Restricted Contents

25.1 The following is a partial list of the kind of content which is illegal or prohibited on the Site. It includes content that:

1. is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or which could be harmful to minors;
2. harasses or advocates harassment of another person;
3. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
4. promotes false or misleading information, illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
6. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
7. displays pornographic or sexually explicit material of any kind;
8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
11. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

25.2 Restricted products are subject to local licensing and other requirements. Specific restricted products will also vary by market, but could include the following:

1. products that require proof of authenticity in order to distribute or sell;
2. products that require local permits

Restricted products may be sold subject to the seller providing Lubumi with the appropriate evidence of licence/authority to sell, which may include: an import permit, a local regulatory licence, a letter of authorization from the relevant manufacturer, brand or authorized distributor.

26. Disclaimer of Warranties

Your use of the platform, its content and any services or items obtained through the platform is at your own risk. The platform, its content and any services or items obtained through the platform are provided on a "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Lubumi nor any person associated with Lubumi nor Affiliates, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the platform.

27. Limitation on Liability

In no event will Lubumi, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, arising out of or in connection with your use or inability to use the platform, any websites linked to it, any content on the platform or such other platforms or any platforms or items obtained through the platform or such other platforms, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

28. Indemnity

You agree to indemnify and hold Lubumi, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

29. Severability

If any portion of these Terms is held by any competent court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and shall not affect the validity or enforceability of any other part in these Terms.

30. Assignment

30.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement.

30.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

31. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.

32. Dispute Resolution

1. In the event of any dispute, difference or claim arising out of or in connection with these Terms, the Parties shall meet in good faith, within a month of such knowledge of the dispute, for negotiations in an effort to resolve the dispute amicably.
2. If the dispute is not settled by negotiation within 30 days of the commencement of such negotiations or within a longer period as agreed to by the Parties, the dispute, difference or claim shall be referred to the Lagos Multi-Door Courthouse (LMDC) for mediation which shall be conducted in accordance with the LMDC Procedure Rules.

33. Modifications and Amendments

We may need to update, modify, or amend our Seller Terms of Service as our technology evolves. We reserve the right to make changes to this Seller Terms of Service at any time by giving notice to users on this page. We advise that you check our Website often to be aware of any modifications we make.