Terms and Conditions of Use
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Evoneng.com website www.Evoneng.com (hereinafter referred to as “Evoneng.com.”) and services and tools are governed by the following terms and conditions as applicable to Evoneng.com. If you transact on Evoneng.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Evoneng.com Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 2004 with registered office at No 1 Okoye’s Compound, Nnewichi, Nnewi, Anambra State, Nigeria and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Evoneng.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Evoneng.com and shall not transact or use Evoneng.com website. As a minor if you wish to use or transact on Evoneng.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Evoneng.com. Evoneng.com reserves the right to terminate your membership and refuse to provide you with access to Evoneng.com if it is brought to Evoneng.com’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Evoneng.com, You agree and understand that You are communicating with Evoneng.com through electronic records and You consent to receive communications via electronic records from Evoneng.com periodically. Evoneng.com may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on Evoneng.com is free. Evoneng.com does not charge any fee for browsing and purchases on Evoneng.com. However Evoneng.com reserves the right to charge a fee and change its policies from time to time. In particular, Evoneng.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Evoneng.com. In such an event Evoneng.com reserves, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Evoneng.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Evoneng.com.
Use of Evoneng.com Website
You agree, undertake and confirm that your use of Evoneng.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which you do not have any right
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
(c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) Harasses or advocates harassment of another person;
(e) Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) Infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(h) Promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), 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;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) Solicits gambling or engages in any gambling activity which Evoneng.com, in its sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user’s use and enjoyment of Evoneng.com Website or any other individual’s user and enjoyment of similar services;
(r) Harm minors in any way;
(s) Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) Violates any law for the time being in force;
(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Impersonate another person;
(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) Shall not be false, inaccurate or misleading;
(z) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Evoneng.com reserves the right to bar any such activity.
(ac)You shall not attempt to gain unauthorized access to any portion or feature of Evoneng.com website, or any other systems or networks connected to Evoneng.com Website or to any Evoneng.com’s server, computer, network, or to any of the services offered on or through Evoneng.com Website, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of Evoneng.com website or any network connected to Evoneng.com website nor breach the security or authentication measures on Evoneng.com website or any network connected to Evoneng.com Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Evoneng.com Website, or any other customer of Evoneng.com, including any Evoneng.com account not owned by you, to its source, or exploit Evoneng.com Website or any service or information made available or offered by or through Evoneng.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Evoneng.com Website.
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Evoneng.com Website or Evoneng.com’s systems or networks, or any systems or networks connected to Evoneng.com.
(ag)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Evoneng.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. .
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(ak)You shall not lift (i.e. copy and paste) images of products you want to sell on Evoneng.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Evone of any third party claim thereon.
(am)You understand that Evoneng.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Evoneng.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Evoneng.com WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect the views of Evoneng.com. In no event shall Evoneng.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Evoneng.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Evoneng.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Evoneng.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Evoneng.com.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Evoneng.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Evoneng.com, and that the recipient may use such information to harass or injure you. Evoneng.com does not approve of such unauthorized uses but by using the Evoneng.com Website you acknowledge and agree that Evoneng.com is not responsible for the use of any personal information that you publicly disclose or share with others on Evoneng.com. Please carefully select the type of information that you publicly disclose or share with others on Evoneng.com.
Evoneng.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Evoneng.com is owned, controlled or licensed by or to Evoneng.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Evoneng.com products and services purposely made available by Evoneng.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Evoneng.com does not take responsibility or liability for the actions, products, content and services on Evoneng.com website, which are linked to Affiliates and / or third party websites using Evoneng.com APIs or otherwise. In addition, Evoneng.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Evoneng.com assumes no responsibility for examining or evaluating the products and services offered by them, and Evoneng.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Evoneng.com does not in any way endorse any third party website(s) or content thereof
Evoneng.com welcomes links to this site. You may establish a hypertext link to Evoneng.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Evoneng.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Evoneng.com, including any logos or characters, without the express written consent of Evoneng.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Evoneng.com website without Evoneng.com’s prior written consent.
Information submitted may be made available to Evone partners who can in turn use it for verification purposes
Mandatory Declaration – Computers
- You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Evoneng.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Evoneng.com does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Evoneng.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Evoneng.com website.
Evoneng.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Evoneng.com website; their servers; or electronic communication sent from Evoneng.com are free of viruses or other harmful components.
Nothing on Evoneng.com constitutes, or is meant to constitute, advice of any kind.
All the products sold on Evoneng.com are governed by different state laws and if Evoneng.com is unable to deliver such products due to implications of different state laws, Evoneng.com will return or will give credit for the amount received by Evoneng.com from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Evoneng.com. By registering your phone number with us, you consent to be contacted by Evoneng.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Evoneng.com will not use your personal information to initiate any promotional phone calls or SMS’.
While availing any of the payment method/s offered at Evoneng.com, Evoneng.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
All payments made against the purchases/services on Evoneng.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Evoneng.com does not accept any other form of currency with respect to the purchases made on Evoneng.com.
The Wallet (“Wallet”) is a pre-paid payment instrument which is associated with your Evoneng.com account. You can maintain a balance of money with Evoneng.com and redeem it at your convenience.
1. Evoneng.com will not pay any interest on the amount maintained by you in your Wallet.
2. Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You will be able to recharge your Wallet up to an amount of N1,000,000 in one instance. There is no need to maintain a minimum balance.
3. Refund of Wallet Amount: Your wallet comprises of three types of balances – Store credit (which is a credit granted by Evoneng.com typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that you added to wallet to pay for future orders on Evoneng.com) and Promotional balance (which is credit granted by Evoneng.com purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable While Store credit will continue to be entirely refundable.
4. Limitation of Liability: In no event will Evoneng.com be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
Without limiting other remedies, Evoneng.com 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 Evoneng.com website in the event, but not limited to:
2. If Evoneng.com 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 Evoneng.com. Evoneng.com may at any time at its sole discretion reinstate suspended users.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Awka, Anambra State, Nigeria.
Jurisdictional Issues/Sale in Nigeria Only
Unless otherwise specified, the material on Evoneng.com is presented solely for the purpose of sale in Nigeria. Evoneng.com makes no representation that materials in Evoneng.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and Evoneng.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Evoneng.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Evoneng.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Evoneng.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org.
Risk of loss
All items purchased from Evoneng.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Evoneng.com until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.
Product and Service Description
Evoneng.com tries to be as accurate as possible. However, Evoneng.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Evoneng.com itself is not as described, your sole remedy is to return it in unused condition.
If Evoneng.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Evoneng.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Cancellation of order
Evoneng.com reserves the right to cancel any order without any explanation for doing so, under situation where Evoneng.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Evoneng.com policy or for any reason. However, Evoneng.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Termination of Service
Evoneng.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications .You hereby consent that Evoneng.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.
Limitation of Liability
IN NO EVENT SHALL Evoneng.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Evoneng.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
EVONENG.COM’s AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT EVONENG.COM’s SOLE DISCRETION.
TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES
This section of our terms and conditions covers;
Section A:“TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.
SECTION A – TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES”
The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Evoneng.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Evoneng.com by giving the customers the opportunity to purchase same via Vouchers on Evoneng.com. Every Voucher purchased by a customer on Evoneng.com can only be redeemed once. Please note that this is pre-determined by the Merchant and Restaurant.
Note the following:
i. The above certificate might not be eligible for alcoholic beverages unless the Eatery expressly permits same, taking into cognizance all restrictions on alcohol as stipulated by the governing law
ii. These Gift Certificates must not be used for tips, taxes, prior balances etc. unless the Restaurant/Merchant expressly permits the same. The Merchant or Restaurant will not be responsible for lost, stolen certificates or their reference numbers.
iii. Gift Certificates may only be used as stipulated on the coupon (i.e. “Dine in Only” or “Take-away”)
iv. All Gift Certificates are void to the extent prohibited by law.
v. The Eatery is at liberty to determine whether Vouchers purchased herein can be used in conjunction with any other gift certificate, coupons etc.
vi. No one has the right to purchase from the Evoneng.com platform and resell same to individuals.
vii. In the event a Customer decides to redeem his Eatery Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.
viii. All Evoneng.com offers are governed by the validity dates specified on the Vouchers.
ix. As earlier stated all vouchers for eateries may have statutory limitations on the amount of the voucher value which can be used to redeem alcohol. All Merchants must therefore comply with same.
x. A Merchant must have complied with all statutory requirements before enlisting their vouchers for purchase on Evoneng.com. Evoneng.com will not be held responsible for lack of compliance on the part of the Merchant.
xi. All Evone offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.
SECTION B – TERMS AND CONDITIONS FOR NON-EATERIES MERCHANTS GIFT CERTIFICATES
Please note the following:
i. Only one certificate may be used per order, except this is expressly stated otherwise by the Merchant.
ii. All Merchant Gift Certificate purchased on Evoneng.com strictly apply to products found thereon, this will therefore not suffice for shipping fees.
iii. The Merchant is at liberty to offer credit if he wishes unless otherwise required by law.
iv. In the event a customer misplaces (i.e. whether stolen or lost) his or her voucher, or reference number neither the Merchant nor Evoneng.com will be held responsible for same.
v. No one has the right to purchase from the Evoneng.com platform and resell same to individuals.
vi. In the event a Customer decides to redeem his Gift Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid
vii. All Gift Certificates are void to the extent prohibited by law.
viii. Gift Certificates cannot be combined with any other gift certificates, including but not limited to coupons, promotions, third party certificates etc., unless otherwise expressly specified by Merchant.
ix. All Evone offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.
Other Terms and Conditions
Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on evoneng.com in order to conduct transactions, including but not limited to;
1. Merchants who sell Goods on Evoneng.com
2.Merchants who offer Services on Evoneng.com
3. Firms/Organizations who choose to advertise on Evone’s website (i.e. Advertisers, either on a trade by barter basis with Evone or on a strictly Advertisement service level)
Are hereby governed by the Terms and Conditions here in.
ADVERTISING -Advertising Services offered by Evoneng.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Evoneng.com via different means (i.e. SMS messages or emails).
VOUCHERS– All vouchers purchased and thereafter printed from the Evoneng.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.
In light of the above they are subject to all Terms and Conditions of Evone Online Shopping Limited as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Evoneng.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Evoneng.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Evoneng.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.
An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not Evone. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally.
A Evoneng.com Voucher can only be redeemed at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Evone Voucher , but the voucher gives you N3000.00 of value to the Merchant, the cash value that you paid is N500.00 as opposed to the authentic value/actual value of N3000.00). Please note all expiration dates on Vouchers are valid and therefore govern the last date which you can use the VOUCHER, in the event you do not redeem your voucher before the expiration, you automatically forfeit same, unless the law provides otherwise.
Please note that all your purchases are either directly from Evoneng.com if the item is “Sold by Evone”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by Evone are redeemable from Evone.
GROCERIES (PERISHABLES INCLUSIVE)
Availability and Substitution of Groceries
The availability of groceries are not absolute, please note that your desired choice of groceries might be out of stock for reasons beyond our control, in the event we are unable to deliver or ship a particular grocery/groceries to you, Evone will not be held liable by you. Upon discovery of the un-availability of a grocery(ies) earlier ordered on our platform by you, you will be contacted by Evone’s Customer Experience Representative who will intimate you with other available/suitable options which will allow substitutions if we do not have your preferred grocery item in stock.
All prices include VAT payable unless otherwise stated. Note that the prices of the grocery items excludes shipping/delivery fees.
Purchases and Acceptance
Upon placing an order for groceries on www.evoneng.com, please note that this is an offer to make a purchase from us. A contract is only formed when we notify you that we have dispatched your order or notify you that your order is available for pick up at our pick up centres. We therefore reserve the right to decline an offer when we deem fit.
Minimum Cart Charge
Evone requires that all purchases in relation to grocery items in a single cart must not fall below _________________ (_______________Naira). Minimum Cart Charge means a fixed sum of N______ naira will apply to all Grocery orders placed on www.evoneng.com,this charge will automatically apply when the Cart Value is lower than the Minimum Cart Value acceptable. Cart Value meansthe value of the groceries in your Cart when you confirm your order. Minimum Cart Value acceptable to Evone is __________.
When will Evone apply the minimum Cart Charge?
When you order groceries from www.evoneng.com, and the total value of your cart is less than the acceptable Minimum Cart Value as captioned above, Evone will add the Minimum Cart Charge to the total of your groceries or orders upon check out. We will add the charge to your total at the check-out page, just before you pay. You however have the option to go back and add more products to your grocery order, so that the new Cart Value is greater than the Minimum Cart Value, and no Minimum Cart Charge will be included in the total.
Minimum Cart Charge Refunds:
Upon purchase of your groceries, if Evone applies the “Minimum Cart Charge” to your grocery order, and you decide to cancel such an order you will get a total refund, “Minimum Cart Charge” inclusive. However, we will not refund the Minimum Cart Charge if only some of the groceries you ordered are refunded.
Delivery or Pick Up.
Evone will deliver your order to the delivery address as provided in your account, however, please note that you can request for “Express delivery” by paying an extra fee to enjoy that service. You also have the option of picking up your order from any of our pickup locations, please note that the “pick up” service is not available in all states. Please note that we do not deliver groceries to some states in Nigeria (i.e. Perishables are only available in specified states within Nigeria). Kindly check and confirm if they are available in your state before you order (List is provided below….) Upon delivery of the groceries to you or pick up from a location by you, please note that our delivery man/pick up representative will insist you sign for same. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. It is important you bring your order number for ease of reference and a valid form of identification when you come to pick up. Please note that Evone will ensure that your order is ready for collection at the agreed time, however in the event your order is not ready, we will not be liable in part or in full due to circumstances beyond our control.
Returns and Refunds
Evone prides itself in satisfying its customers and improving all services provided to them from time to time. Please note that all grocery products have different return time limits. All returned discounted groceries will be refunded at the discounted prices on the platform when the purchase was made. In the event a customer intends to return an item, the customer shall immediately notify the delivery man of the observation at the point of delivery and immediately reject same. Once customers have taken delivery of their orders and signed confirming this, they take ownership of the items and Evone will not accept such returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. Evone will not accept returns for items that have no material damage to them. Products which are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by Evone as a return.
Once again please note that upon completion and submission of your electronic order on the Evone website, you are simply making an offer to purchase goods which, if accepted by us, will result in a binding contract. In light of this, there will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. We therefore may decline to supply the goods to you at any point in time without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us. ALL TERMS HERE IN APPLY TO ALL MERCHANTS WHO SELL ON EVONES’ WEBSITE.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to email@example.com or any other means that may be given at Nnewi or Awka, Nigeria.
Merchant Service Agreement
As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Evone Online Shopping Limited (“Evone”, “us”), Nigeria’s Largest Online Mall opened up its online platform to Nigerian businesses to enable merchants sell their products (“Mall”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Nigeria. Businesses that sign up to Evone’s Mall will have a free microsite provided for them, and Evone will provide additional value-added services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. Evone will also provide dedicated account managers to all merchants Merchants can greatly increase sales and revenue by partnering with us, while we worry about getting their products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of merchants’ sales. Evone offers its customers both prepaid and pay-on-delivery payment options for goods purchased. All merchants have to do to enjoy all these benefits is to review and accept the terms and conditions of the Evone Mall Service Agreement below. Evone reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Evone website.
In consideration of the mutual covenants set forth in this Agreement, Seller and Evone (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
The Seller agrees to compensate Evone for the services rendered listed in section 2 below (“Services”).
Delivery of Services
Evone will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
– Online storefront tailored to the Seller with payment gateway and escrow service at Evoneng.com;
– Access to SellerHQ and other account management systems;
– Access to a dedicated account officer and other account management services;
– Access to logistics partners;
– Provision of analytics;
– Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00)
– E-marketing, and other marketing services as available and appropriate.
Evone may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.
Evone reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
The Seller agrees to use reasonable diligence in providing Evone with genuine products, up-to-date product quantity information and accurate product information.
For all of the Services provided by Evone under this Agreement, the Seller shall compensate Evone, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the Evone website.
Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Evone Wallet upon registration with Evone. Evone shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Evone Wallet or from his/her designated Bank Account in the event his/her wallet is empty.
Evone will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the SellerHQ portal, or on Evone’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Evone will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.
The Seller and Evone acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Evone. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Evone’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
Evone shall be deemed as an independent contractor. Evone will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Evone’s behalf. Evone is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Evone understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Evone reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Evone website.
Seller warrants that everything it gives Evone to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Evone, its employees and associates harmless from any and all claims brought in the performance of the Services.
Seller shall indemnify and hold EVONE harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).
Limitation of Liability
- A) Not withstanding applicable returns policy, Merchant further covenants to:
- Pick up fresh returned orders from the Evone Pick Up Centres within 7 days of notification of such return via sms or e-mail, failing which, the order will be sent back to Evone’s Warehouse and another notification to the merchant to request for the delivery of same at KOS rates.
- If the item remains unrequested for while at the Evone Warehouse, Evone shall send a notification of the daily cost of demurrage to the merchant at N200.00.
- If the merchant fails to respond after 10 days, Evone shall notify merchant by sending reminder emails or smss’ everyday, for an extra 4 days.
- In the event that the goods are not picked up from the Pick UpCentres after 7 days and still remain un-requested for after 14 days elapses, such Merchant goods shall be destroyed by Evone.
- Merchant hereby indemnifies Evone against any such claims and holds Evone non-liable for the disposal of such returned goods referred to in the clauses above.
- B) Merchant agrees to indemnify, defend and hold harmless Evone against and from any third party claims (including reasonable legal or arbitration costs) arising from:
- any breach or default on the part of the merchant of any obligations
- negligent act or omission of merchant; or
- willful violation of the law, wrong description and price of products advertised; or
- an offence committed by merchant,
- provision of fake, inferior or substandard products that have been sold as genuine;
- provision of used, refurbished or damaged products that has been sold as new or unused;
- Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC,SON etc);
- Fails to meet the Quality of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading.
Term & Termination
Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
Evone has the right to evict the Seller from Evone if any, or a combination, of the following breaches are committed:
– Fails to make a product that has been sold on Evone Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
– Provides fake, inferior or substandard products that have been sold as genuine;
– Provides used, refurbished or damaged products that has been sold as new or unused;
– Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
– Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
– Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings Evone, or any of Evone’s partners or other mall vendors into disrepute.
Evone reserves the right to alter these QOS rules at any time, and in the event of any changes Evone will inform the Seller by publishing the same on Evone’s website. Evone will send a formal warning to the Seller after each incident.
Policy on Counterfeit, Refurbished and Unauthorized Products on Evone Mall
Evone is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the Evone Mall are held to the same high standards. Evone Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by Evone to have sold inauthentic or otherwise unauthorized goods, Evone may suspend or terminate the merchant’s ability to sell on Evone immediately and without warning, and current and future payments held by Evone on the merchant’s behalf may be forfeited and withheld in accordance with Evoneng.com’s Authentic Items Policy.
Sellers shall be responsible for insurance in relation to goods shipped to customers.
Copyright and Infringement Trademark
Evone respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Evone will immediately terminate or suspend a seller who infringes another’s trademark or copyright.
The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.
Restrictions and Prohibitions
– All product descriptions must be true, accurate and non-misleading.
– Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
– Sellers must not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Evone will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
– Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
– Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
– No display of images containing pornography is permitted.
– You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
– Sellers must not incur liability for Evone and its subcontractors or expose them to undue risk or otherwise engage in activities that Evone, in its sole discretion, determines to be harmful to Evone’s affiliates, operations, reputation, or goodwill.
– Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
– Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.
All Merchants who intend to sell groceries (e.g Fresh, Frozen, Perishables and Non-perishables products) on the platform shall:
– Provide Evone and customers with only fresh and unexpired products in required quantities with accurate product information.
– Ensure that all products offered for sale on the Evone Platform are all certified by the required agencies. (NAFDAC etc.)
– Ensure the products are fresh and edible.
– Ensure all Frozen Foods have a best by date.
– Ensure that he/she does not sell rotten or expired products as Fresh.
– Ensure the products are not Rodent or insect infested produce.
– Ensure that products have at least 6months “before expiration” dates.
Please note that Merchant may elect to store and keep its products in Evone’s warehouse at a fee agreed between Evone and the Merchant (FBK-Fulfilled by Evone)
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement ,shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding;
Where the Parties are unable to resolve the dispute amicably within 30 (thirty) days from receipt of a written notification by a Party of the existence of a dispute, the parties shall in good faith settle the dispute by Mediation administered by Evone’s Lawyer, customer’s lawyer and one neutral lawyer. The duration for mediation shall not exceed 6 weeks. Each party shall be responsible for its own mediation expenses.
Evone’s Right to Sue
All merchants hereby agree and accept that Evone has the right to sue any merchant who has contravened or contravenes any of the laws here in, or promulgated by the Federal Republic of Nigeria(i.e. Standard Organisation of Nigeria(SON), National Agency for Food and Drug Administration Control (NAFDAC)) or any of the laws of Nigeria which deems the act of the merchant criminal and intolerable.
CONTRACT TERMS AND CONDITIONS FOR MERCHANT WARE HOUSING IN EVONE ONLINE SHOPPING LIMITED’S WAREHOUSE FACILITY.
BY USING THE WAREHOUSING AND STORAGE SERVICES PROVIDED BY EVONE ONLINE SHOPPING LIMITED YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
- WAREHOUSE AND COMPANY-the term “warehouse” and “company” refer to Evone Online Shopping Limited.
- MERCHANT DEPOSITOR-the term Merchant depositor means- A Merchant who stores their goods in Evone’s warehouse, Owner of Goods or its lawful agent and to whom the Evone Warehouse Invoice is issued.
- GOODS-the term goods means the goods Evone Merchant Depositor tenders or presents to Evone for Storage by the Merchant and identified on the face of the invoice given to the Merchant before ingestion into Evone Warehouse.
- INGESTION OFFICER-is Evone’s ware house storage facility staff who ingest the Merchant Depositor’s goods for storage.
CLASS OF STORAGE- GENERAL AND SPECIAL
- WORKING HOURS-9:00am – 4:00pm excluding weekends and public holidays declared by the Federal Government of Nigeria.
- SLOW SELLING-“Goods tendered by a Merchant depositor for storage but have poor sales history”
- SHQ BOARD-the board enables a merchant view transactions in relation to his goods.
CONSENTING TO TERMS AND CONDITIONS
The terms and conditions here in provided are electronically published on www.evoneng.com, please note that this includes the quotation provided by Evone for warehousing goods, both are hereby deemed accepted by a Merchant upon tendering goods for the purpose of storage in Evone’s Warehouse. These terms may be amended by Evone as deemed necessary, without notice. Kindly note that this terms and conditions do not cover or apply to any terms and conditions of shipping or other services the company may provide to the Merchant Depositor. The other services are governed by their individual Terms and Conditions which are provided separately and guided and posted on the appropriate site.
DECLARATION OF OWNERSHIP OF GOODS
The Merchant Depositor hereby declares that he is the rightful owner and/or has lawful possession of the Goods tendered to Evone Online Shopping Ltd for storage. Merchant further declares that it has sole legal rights to store Goods tendered, to release Goods, and to instruct Evone regarding delivery or disposition of the Goods. Merchant Depositor agrees to notify all parties acquiring any interest in the Goods of the terms and conditions of Evone’s Warehouse as contained herein and also agrees to indemnify and hold Evone harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Evone under this Warehouse Terms and Conditions. Such indemnification shall include any Attorney fees or costs incurred directly or indirectly due to any claim by a third party, regardless of whether or not litigation is actually filed in a court of law.
TENDER FOR STORAGE
The Merchant shall deliver all goods for storage to Evone’s Warehouse between the working hours of 9:00am – 4:00pm. All goods herein delivered shall be appropriately packaged and labelled by the Merchant depositor.
Merchant depositor warrants that the Goods are new, in a sellable package, properly labelled, and classified for safe handling and there by suitable for storage in Evone’s Warehouse. The Evone ingestion officer has the right to reject all goods which are inappropriately packaged or unsuitable for storage due to the nature of goods.
ADEQUATE INFORMATION FOR IDENTIFICATION OF GOODS TENDERED FOR STORAGE BY MERCHANT
Upon ingestion the Evone Merchant Depositor shall provide a comprehensive manifest showing marks, brands, or sizes to be ingested and accounted for separately, and the preferred class of storage. Merchant must also indicate Items that require Controlled temperature.
HAZARDOUS SUBSTANCES and DANGEROUS GOODS
In the event the Merchant Depositor intends to tender the above captioned class of goods to Evone for warehousing, the Merchant Depositor must disclose same to Evone via an email or phone call and Evone will determine if they will ingest such goods. Merchant Depositor hereby warrants that the Goods are not classified or considered hazardous materials and/or dangerous goods at the time the Goods are tendered to Evone for ingestion. All acceptable hazardous goods shall be clearly labelled by Merchant depositor before same is tendered for storage. The class of Invoice issued shall clearly state “HAZARDOUS”.
WARRANTY FOR PERMISSIBLE GOODS
Evone Merchants Depositor hereby warrants that the goods tendered to Evone for warehousing are strictly the permissible class and quantities in the relevant Nigerian regulation. Merchant shall advise Evone in the event the goods need to be specially stored to prevent damage and aid safe storage and handling of goods. In the event the Merchant Depositor breaches any of the foregoing warranties related to tender of hazardous materials or dangerous goods, or otherwise delivers any such unfit Goods to Evone, Evone shall be entitled to exercise all available remedies including the immediate destruction or removal of the Goods from the warehouse without notice to Merchant Depositor. In the event of the foregoing breach of Merchant Depositor warranties, Merchant Depositor shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Evone in connection with the removal, or destruction, or handling of the Goods and shall indemnify Evone against all amounts, liabilities, claims, or damages arising in connection with the Goods.
COMPLIANCE WITH ALL RELEVANT LAWS AND REGULATIONS
Merchant Depositor shall comply with all government laws, regulations, legislations in relation to all goods tendered to Evone for storage, Merchant depositor shall supply such information and documents as are necessary to comply with all laws, rules and regulations and also aid Evone in keeping the goods safe, proper handling etc. All information and documents must be fully, accurately and timely tendered alongside the Goods to be warehoused, failure to do same makes the Merchant Depositor liable to Evone and he shall indemnify Evone for all consequence for such failure or negligence. Merchant Depositor warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and similar laws related to anti-corruption and anti-bribery.
COMPLETION OF NECESSARY INGESTION FORMS
All Merchant depositors must fill out the forms provided on the website accurately. Upon ingestion into the Evone Warehouse a Merchant must bring the completed form along. In the event a Merchant Depositor fails to complete his form, his goods will not be ingested. The quantities indicated in the batch must match exactly what is supplied.
DURATION OF STORAGE, CHARGES, PROCESSING AND RETURNS
DURATION OF STORAGE AND CHARGE
Evone shall deduct the warehousing fee based on the weight of the items to be ingested into the warehouse. Please note that the fee is strictly for warehousing and handling, it is therefore separate from the Standard Commission deducted upon the successful sale and delivery of a Merchants Goods. All Merchant Depositor sales will be reviewed after 40 days, if a Merchant Depositor’s Goods are “SLOW SELLING”, the goods will be removed from the inventory and the Merchant Depositor must pick up same from the warehouse within 14 days without fail. After the 14 days lapses all “SLOW SELLING” Goods shall be forfeited.
All others will be processed from the Warehouse and the Merchant Depositor shall be able to view all transactions at all times on the “SHQ BOARD”.
All returns here in will be managed by Evone for the duration the Merchants Depositor’s Goods are in the warehouse.
LIMITATION OF LIABILITY
- EVONE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED BY MERCHANT DEPOSITOR, STORED OR HANDLED HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF EVONE TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL INDIVIDUAL WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND EVONE IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, FOR DAMAGE WHICH OCCURS BEYOND EVONE CONTROL EVONE IS NOT LIABLE, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVAL AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN UP RESULTING FROM THE LOSS OR DAMAGE TO THE GOODS.
Evone shall under no circumstance be responsible for tempering goods or storing same in a humidity controlled environment.
- In the event there is a loss or damage of goods stored for which Evone is legally liable, MERCHANT DEPOSITOR declares that EVONE’s liability for damages shall be limited to the lesser of the following: (i) the actual cost to MERCHANT DEPOSITOR of replacing the lost, damaged, and/or destroyed goods (ii) the declared market value of the lost, damaged, and/or destroyed goods on the date MERCHANT DEPOSITOR tendered and successfully warehoused the goods in Evone’s warehouse.
- EVONE’S liability for damaged goods shall be MERCHANT DEPOSITOR’S exclusive remedy against EVONE for any claim or cause of action whatsoever relating to the loss, damage and/or destruction of goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless MERCHANT DEPOSITOR proves by affirmative evidence that EVONE converted the goods to its own use.
- MERCHANT DEPOSITOR hereby waives any rights to rely upon any presumption of conversion imposed by law.
- CONSEQUENTIAL DAMAGES- In no event shall MERCHANT DEPOSITOR be entitled to incidental, special, punitive, or consequential damages from Evone Online Shopping Ltd.
INSPECTION & SECURITY
All Goods are subject to inspection by Evone; and by any duly authorized government or regulatory entities. Evone may at its convenience choose to inspect the goods tendered by Merchant depositor, Evone is however not obligated to carry out such inspection except as mandated by law. As earlier provided Evone reserves the right to unilaterally reject any Goods tendered by Merchant Depositor for Warehousing if it deems it unfit, pest infected or unacceptable for storage under Evone’s Warehouse Receipt, after completion of inspection.
All Merchant Depositor goods stored in the warehouse are insured.
Evone shall have a lien against the goods covered by this receipt and on the proceeds thereof for all charges for storage, handling, including demurrage, insurance, labor, and other charges present or future with respect to such goods and for expenses necessary for preservation of such goods or reasonably incurred on their sale pursuant to law.
Both parties shall communicate all written notices by any commercially reasonable means of communication and address it to:
Director Commercial Operations
NO 1 OKOYE’S COMPOUND, ODIDA, NNEWICHI, NNEWI, ANAMBRA STATE, NIGERIA.
to a Merchant Depositor at his last known address or email as provided on Evone’s records. The Merchant Depositor is presumed to have knowledge of the contents of all notices transmitted in accordance with this Section within five days of transmittal.
WAIVER – SEVERABILITY
Evone’s failure to insist upon strict compliance with any provision of this Terms and Conditions shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver or estoppel to insist upon strict compliance with all other provisions of this Terms and Conditions. In the event any clause or part of these Terms and conditions or part thereof shall be declared invalid, illegal and/or unenforceable, the validity, legality and enforceability of the remaining sections and parts shall not, in any way, be affected or impaired.
HEADINGS ARE NOT BINDING
The use of headings in this Terms and Conditions are for ease of reference only. Headings shall have no effect and are not considered to be part of or a term of these Terms and Conditions.
EVONE WARE HOUSE INVOICE
All invoices would will be issued electronically and deducted from sales upon confirmation of delivery.
GOVERNING LAW AND JURISDICTION
This Terms and Conditions and the legal relationship between the parties hereto shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. In the event of any dispute or disagreement, both parties agree to first of all attempt to settle the matter amicably, if the matter cannot be settled within 14 days both parties agree to settle the dispute by adopting an Alternative Dispute Resolution medium i.e. Mediation. These shall be filed in accordance with the provisions of the arbitration Act. Both Parties agree that the hearing(s) shall be held in the City of Awka, Anambra State. Each Party shall be responsible for its own mediation fees.
ANY SPECIAL AGREEMENT OUTSIDE THESE TERMS AND CONDITIONS MUST HAVE BEEN SIGNED OFF BY “THE DIRECTOR COMMERCIAL EVONE ONLINE SHOPPING LIMITED”.