General Terms and Conditions of Use of the Marketplace for Buyers
1. Introduction
1.1”Vital source Technologies” is the trading name for the Vital source Technologies group companies listed at Appendix 1. Each Vital source Technologies group company (“Vital source Technologies” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”), together with supporting IT, logistics and payment infrastructure, for the sale and purchase of consumer products and services (“products”) in its allocated territory as defined at Appendix 1 (“territory”).
1.2These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.
1.3By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.
1.4If you use our marketplace in the course of a business or other organizational project, then by so doing you:
1.4.1confirm that you have obtained the necessary authority to agree to these general terms and conditions;
1.4.2bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
1.4.3agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.
- Terms and conditions of sale
3.1You acknowledge and agree that:
3.1.1the marketplace provides an online location for sellers to sell and buyers to purchase products;
3.1.2we shall accept binding sales, on behalf of sellers, but (unless Vital source Technologies is indicated as the seller) Vital source Technologies is not a party to the transaction between the seller and the buyer; and
3.1.3a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
3.2Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
3.2.1the price for a product will be as stated in the relevant product listing;
3.2.2the price for the product must include all taxes and comply with applicable laws in force from time to time;
3.2.3delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, where applicable, will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
3.2.4products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
3.2.5in respect of physical products sold, the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products and/or has the right to supply the products pursuant to this agreement, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.
3.2.6The Seller warrants that, where a product sold has such terms, the Seller will provide detailed disclosure of the product terms and conditions, any applicable warranty, and other terms necessary to inform the buyer on the product and its usage in the specification section provided on each product page.
4. 4.1Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
5. 4.2Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
6. 4.2.1in respect of the product price;
7. 4.2.2in respect of local and/or international shipping fees (as stated on the refunds page); and
8. 4.2.3by way of store credits, vouchers, mobile money transfer, bank transfers or such other methods as we may determine from time to time.
9. 4.3Returned products shall be accepted and refunds issued by Vital source Technologies, acting for and on behalf of the seller. Notwithstanding paragraphs 4.1 and 4.2 above, in respect of digital products or services and fresh food, Vital source Technologies shall issue refunds in respect of failures in delivery only. Refunds of payment for such products for any other reasons shall be subject to the seller’s terms and conditions of sale.
10. 4.4Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.