TheNaira is owned by TheNaira Limited, a company registered under the laws of England and Wales. By registering as a Seller on our website, you agree to be bound by our terms and conditions, and this additional Seller’s terms and conditions, and enter into a contract with TheNaira Limited, including those policies referenced herein. These Terms and Conditions apply to Sellers only. By definition, a “Seller” is someone who is a commercial/business or private seller seller who sells products and/or services on thenaira.com.
Please read these Terms and Conditions carefully before accessing or using our website. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions.
If you become a Seller on thenaira.com, you agree to:
- Quickly resolve customer issues;
- Send your items on time;
- Abide by our Buyer Protection policy;
- Ensure that you provide accurate descriptions for your baby products\items;
- Maintain a friendly and professional manner;
- Ensure that returns and refunds are dealt with promptly;
- Provide your contact details in your listing, which will include the following – business and contact name, telephone number, email address and business address;
- Offer a 30 day refund/returns policy which is similar to our refund/returns policy, if you are a commercial seller – Any item which is “made to order” and/or specially personalised at the customer’s request will not be subject to a 30 day refund/returns policy;
- Ensure that you have a PayPal account – as we will pay you through PayPal;
- a) Tax – As a Seller on TheNaira.com, you are under an absolute obligation to comply with the tax legislation of your country of residency. Such taxes may include, but are not limited to the following, Value Added Tax, Good Service taxes, consumption taxes, import and export taxes, or any other taxes of whatsoever nature. The Seller must ensure that the relevant taxes are accounted for in the price of their item. We accept no responsibility and liability whatsoever for the Seller’s obligation to be compliant with tax legislation.
- b) No Partnership -These Terms and Conditions do not create an agency, partnership, joint venture, employment or franchisee relationship between you and us.
- c) Escrow -Each Seller appoints TheNaira as its escrow agent for the strictly limited purpose of receiving, holding and settling payment to the seller. We will settle payments that are received by thenaira.com to each third party seller, less any amounts owed to us and subject to these terms.
- d) Final Value Fee – We charge a final value fee which may change from time to time on the sale price (including any applicable taxes, postage and packaging costs and/or other delivery costs) of every item/product which you list and sell on our website. When your item sells, you pay 7% of the final transaction value, including postage. The Final value fee will not be charged until you have sold your product(s) in your listing. We reserve the right to amend and/or modify the fee. If the transaction fee is amended, we shall give you 7 days notice of any change or amendment.
An example of how our Final value fees will be calculated:
- A Seller sells an item for £10.00, including Postage;
- We will charge and deduct a transaction fee of £0.70p (7%);
- We will then pay the Seller the balance of £9.30 into their PayPal account.
- e) Please note that as we pay you thorough PayPal, you may be subject to further fees which are charged by PayPal and not us. We accept no responsibility and/or liability whatsoever for any fees charged by PayPal, as a result of you receiving monies from TheNaira Limited’s PayPal account into your PayPal account.
- f) Procedure to be followed when a Seller sells an item on our website:
- As soon as a third party seller’s product has been sold, we will notify you by email. We request that the item/product is despatched within 1 working day of receiving our email notification (unless the product is made to order);
- As soon as the Seller has sent the product, we request that they notify us of this by email on the same day that the product is sent;
- Once we receive confirmation that you have sent the product(s), we will arrange payment (after deducting our transaction fee) to you within 7 working days (Sundays and Bank Holidays are excluded) of receiving your confirmation email.
- g) Refunds and Returns
- If a buyer requests a refund , the Seller is directly responsible for liaising with the buyer and fully liable for arranging a refund. In the event that a buyer requests a refund, we will NOT provide a refund on the transaction fee and payment processing fee. We accept no liability whatsoever for refunding a buyer who has bought a product from a Seller.
- h) Postage and Packaging costs
You are fully responsible for ensuring that the price of your products take account of all your postage and packaging costs. We accept no liability whatsoever for any errors or shortfalls which you make as a result of calculating the postage and packaging costs.
- i) Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 2 –
You must be eighteen years old or older to use this site to be a third party seller. If you do not satisfy the above condition, please do not use this site.
You may not use our website for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws or any other intellectual property laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Seller account.
SECTION 3 – GENERAL CONDITIONS AND OUR WEBSITE CONTENTS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
(a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. All the intellectual property rights in the contents of all the pages in this website, including but not limited to, logos, designs, photography and text, are owned by TheNaira Limited, or are used with the permission of the Owner. For the avoidance of any doubt, TheNaira Limited owns all the intellectual property rights (including but not limited to copyright and trademarks) in the name “TheNaira Limited,” “TheNaira Limited” and our logo.
The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our express written permission.
SECTION 4 – Seller’s Content
Although, we will decide how your content will be displayed on our website, you are fully responsible for your content and you represent that you have all the necessary rights to your content and that you are not infringing on any third party’s rights by posting the content.
You grant TheNaira Limited a non-exclusive , worldwide, royalty free, irrevocable, sub-licenceable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and amend your content to provide the Seller services in any formats and through any channels and advertising mediums.
We reserve the absolute right to amend your listings as we deem fit. Under our sole discretion, we may refuse to list any or all of your products/items/listings on our website and/or remove your products/items/listings, for any reason whatsoever. We are under no obligation to provide a reason for our refusal and/or removal.
We monitor all of our Seller listings every 3 months. If we see that a particular listing has not generated any sales and/or a particular product/item in a listing has not been sold, we reserve the right to remove the listing, without any further notice to you.
SECTION 5 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right to change the transaction fee at anytime. We will give you 7 days notice of any intended change.
We reserve the right at any time to modify or discontinue the Seller Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 7 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of your products that appear at the store. We cannot guarantee that the buyer’s computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of your products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order a buyer places with you. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate Paypal account. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – SELLERS LIABILITY AND THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials. With respect to items and products which are sold by Sellers, we do not manufacture, store or inspect any of the items sold through our Services. We only provide the market place for the sale of their items and products which are listed and sold directly by Sellers. We do not make any warranties about the quality, safety or even their legality of any items produced, listed and sold by Sellers. Any legal claim related to an item you purchase from our independent Sellersmust be brought directly against the seller of the item.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties, including but not limited to the third party independent sellers who use our website.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party independent seller on our website and/or any other third-party websites.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services sold and delivered by you through our service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TheNaira Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TheNaira Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers/attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate this contract at any time by notifying us in writing that you no longer wish to use our Services and be a Seller. We will endeavour to remove your listings/content within 7 working days of receiving your termination notice.
In our sole discretion, we may terminate your account for any reason whatsoever. We are under no obligation whatsoever to notify you of the termination.
Upon termination of the contract, all your listings/items/products, will be removed from our website.
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and conditions shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be subject to English law and the jurisdiction of the Courts of England and Wales.
SECTION 19 – CHANGES TO OUR TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – INTERNATIONAL TRADE LAWS
You agree that your use of our payments system will not involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations or orders administered by the US Department of treasury’s Office of Foreign Asset Control (OFAC), the UK Treasury Office or an other government agencies.
SECTION 21 – CONTACT INFORMATION
Please contact us for any questions about this Seller’s Terms and Conditions.