Terms & Conditions

Acu Solutions Africa Limited operates an e-commerce platform xfurbish.com.ng consisting of a together with supporting logistics and payment infrastructure, for the sale and purchase of Computer & its spare products across West Africa. Xfurbish is a marketplace developed and managed by eMazel Tech Pvt Ltd operating from Bangalore, Karnataka.  eMazel Tech focuses majorly on E-commerce, Software development, Web Applications, Internet of Things, and Automation. Xfurbish is an intermediary in the form of an online marketplace and is limited to managing the Website to enable the seller to exhibit, advertise, display, make available and offer to sell the products and to enable the buyer to purchase the products so offered ("Products"), and other incidental Services thereto ("Services") including use of the Website by any User.

These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services. By 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.
If you use our marketplace in the course of a business or other organizational project, then by so doing you: These Terms & Conditions are subject to revision by Xfurbish at any time and hence the Users are requested to carefully read these Terms & Conditions from time to time before using the Website. The revised Terms & Conditions shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms & Conditions. 

Definitions

"Your Information" is defined as any information you provide to Xfurbish or other users in the registration, in the listing process (which includes photographs and descriptions), In any public message area (including the Forums or the feedback area), or through any email feature. You are solely responsible for Your Information, and Xfurbish acts as a passive channel for your online distribution and publication of Your Information.

"Your Activities" include, for example, listing items, posting comments in any public message area (including the Forums or the feedback area), and email.

Dispute Resolution

Xfurbish's goal is to satisfy its customers by providing an exclusive platform to buy and sell refurbished IT Enterprise & End-user products. In case a dispute arises between you and Xfurbish, please mail us at support@xfurbish.com.ng or chat with us on Xfurbish Chat Support and we will work quickly towards a solution.

You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

• You acknowledge that you must be 18 years or older to use this site or establish an account.
• You will be responsible for maintaining the confidentiality and security of the Account Information and are fully responsible for all activities that occur under Your Account
• You will be responsible for maintaining the confidentiality and security of the Account Information and are fully responsible for all activities that occur under Your Account
• The Website may allow you to post certain content, data, or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, you agree not to use Xfurbish for any illegal or unauthorized purpose.
• You acknowledge that you abide by sole responsibility for keeping your password secure.
• You agree not to modify, adapt or hack the Xfurbish website or modify another website so as to falsely imply that it is associated with the Xfurbish website
• You specifically agree not to display, upload, modify, publish, transmit, update or share any information or content that is grossly harmful, harassing, blasphemous, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• If You provide any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), Xfurbish has the right to suspend or terminate your Account and refuse any and all current or future use of the Website Services
• You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website
• You agree to comply with all local laws regarding online conduct and acceptable content.
• You will agree not to threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting of any other nation;
• You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio, and video clips, links, or any other content that you submit, post, or display on the Website.
• You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections, and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
• You agree not to harass, solicit or impersonate Xfurbish members.

When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

• belongs to another person and to which the User does not have any right to;
• harms minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• infringes any patent, trademark, copyright, or other proprietary rights;
• contain software viruses or any other computer code, files, or programs designed to interrupt destroy or limit the functionality of any computer resource;
• engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
• attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Xfurbish server, or any of the Services offered on or through the Website, by hacking, password mining, or any other illegitimate means;
• disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• violate any applicable laws or regulations for the time being in force within or outside India;
• violate the terms of the Agreement.

You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections, and other software and technologies that may be required to access, use and transact on the Website. 

You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

An order can be classified as 'Bulk Order' if it meets certain criteria adopted by Xfurbish for the purpose of identifying 'Bulk Order', including but not limited to:

In case You purchase multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If You purchase multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by the buyer at the time of purchase. If You wish to get delivery of the Products to different addresses, then You should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. You agree that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

The trademarks, logos, and service marks displayed on the Website ("Marks") are the property of Xfurbish or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Xfurbish, the vendor/seller, or the third party that may own the Marks.

Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Xfurbish of such Content.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Xfurbish, its subsidiaries or affiliates, and their respective officers, directors, employees, partners, or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Xfurbish has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

Notice: All notices with respect to these Terms & Conditions from Xfurbish will be notified by email or by general notification on the Website. Any notice provided to Xfurbish under these Terms & Conditions should be sent to support@xfurbish.com.ng 

Force Majeure: If the performance of any service or obligation under these Terms & Conditions or other Agreement by Xfurbish is, or other third parties in the fulfilment of any purchase or sale transaction (for eg: logistics service provider, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Xfurbish or its third parties performing such services as sub-contractor to Xfurbish and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Xfurbish shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Offer and Acceptance of the Product

An offer is made by the seller to sell the Products listed by them on the Website and the Buyer hereby accepts such offer upon agreeing to purchase the product. It must be understood and agreed by the Buyer that the offer made by the Seller for the sale of the Product is not an absolute or an unconditional offer. Such offers for selling are subjected to cancellation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such refusal and without any consent from the Buyer and without any liability or any obligation towards the Buyer. Accordingly, the contract for sale of the Product is a bipartite contract between Buyer and the Seller. Xfurbish is not a third-party beneficiary under such a bipartite contract. The Seller and Buyer understands and agrees that Xfurbish has the right to cancel any sale transaction, listing, or acceptance (i) for any reason in accordance with the Seller Agreement, Website Terms of Use, these Terms & Conditions, Privacy Policy, or under any contract or policy between Xfurbish on one hand and the Seller or the Buyer on the other hand, or (ii) under an order or instruction from any statutory, quasi-judicial or judicial authority.

Product(s)

The intellectual property rights of all entities are respected by Xfurbish. Any grievance involving intellectual property rights can be brought to the notice of our grievance officer, please fill out and submit the Notice of Infringement of Intellectual Property Form ("IP Infringement Notice") and send the filed out IP Infringement Notice via email to support@xfurbish.com

Please Note: Any improperly or incomplete filled-out document will not be considered.

The availability of the Product under the offer to sell is subjected to change without prior notice before the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available for delivery after the purchase transaction. Seller has the right to cancel certain orders that the seller is unable to accept and the cancellation process can be initiated either by the Seller directly or Seller can instruct Xfurbish to cancel such order. The rights to refuse or cancel any order are reserved by the Seller, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some reasons that may result in the Buyer's order being canceled may include but are not limited to are; non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Additional verifications or information may be required by the seller before processing or processing any order. Xfurbish and The Seller are not liable for any such cancellation and shall be without any recourse to Buyer.

With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:

• Seller has the legal rights to sell the Products on or through the Website
• Product shall meet the description and specifications as provided on the Website
• Products are free from any charge or impediment in favor of third party
• Buyer shall have complete possession and rights of the Products once delivered
• Buyer shall be permitted to all the warranties and other guarantees applicable to the Product or as generally made available by the manufacturer or seller of the Product

Pricing Information

The Selling Price of the Product is subjected to change without any notice before the purchase of the Product by the Buyer. The Selling Price is provided on the Website on an 'as is' basis as provided by the Seller. There may be errors in Selling Price due to technical glitches and may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer. Products subjected to such faulty Selling Price, shall not be a valid acceptance and such transaction can be avoided by the Seller. All prices are inclusive of taxes unless stated otherwise.

Delivery of the Product

Various modes and modals of delivery are available for the purchased Product to the Buyer, as decided by the Xfurbish. Xfurbish assures that the Products being delivered are not faulty and are exactly those Products that are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website. Any damage, loss, or deterioration of the Products during shipping, or during transit shall be brought notice to the notice of the Xfurbish team. Verification of Buyer's shipping address, pin code will be done with the database of Website before a Buyer proceeds to pay for Buyer's purchase. In any case, if the shipping address is not serviceable Buyer must provide an alternate shipping address on which the Product can be delivered by the logistics service provider. The dispatch time is an estimate and NOT GUARANTEED and should not be relied upon as such. Therefore, time is not the essence of the two-way contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. 

Delivery of the purchased Products must be accepted by the Buyer that are said to be in a deliverable state. The Buyer is liable to the Seller in case the Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, and shall further be liable to Xfurbish for any loss of any fee or charges that Xfurbish and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to Xfurbish and its third parties are not consequential or indirect.

Upon delivery and full payment of the price of the Product, the Buyer is deemed to have accepted the Products and the title in the Products, and other rights and interest in the Products shall directly pass on to the Buyer from the Seller. The risk of loss shall pass on to the Buyer upon delivery of the Product.

Return Policy for Products

Buyer's Product related complaint for refund or replacement will the processed in accordance with Our Payment Gateway Policy available at http://www.xfurbish.com.ng/info/PaymentGateway. Both Buyer and Seller agree to this Our Payment Gateway Policy. However, the Buyer will not be eligible for replacement or refund in the event of frivolous, false, or baseless complaints regarding the delivery or quality of the Products.

• Returns are subject to Xfurbish’s s return policy. On receipt of your order, you can claim for a return within 24hours.
• The buyer has to contact the customer care number mentioned on the portal & update the return request.
• The customer care team will note down your request & suggest the next process accordingly.
• If your return request is accepted all product which is returned should include price tags, labels, original packing, freebies and accessories which were shipped along with the product.
• Once the return/replacement is validated by the customer, the reverse pickup will be arranged & the replacement the product will be shipped.
• In any case, buyer rejects the order, return shipping charges & refund processing charges will be applied to the amount paid & the rest will be refunded.

Note: 

• Products are returnable within the applicable return window.
• If an eligible item is out of stock from the same seller, and if cannot be replaced. Only a refund against the returned item will be issued.

In the event the return of a product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund or to the payment the instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. Xfurbish shall have the sole discretion to determine the mode of reversal from the above options.

Cancellation of transaction/orders

• In any case, if there are price discrepancies or listing error Seller cancels the order or requests Xfurbish to cancel the order
• You can cancel an order until your order is in pending status. 
• Orders which are dispatched & in transit cannot be canceled
• International orders are not eligible to be canceled
  
  

Xfurbish shall have the sole discretion to determine the mode of reversal from the above options. In case a promotional code given by Xfurbish has been used for the purchase of the Product, the amount under such promotional code shall not be refunded if such of the order has been canceled. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of Xfurbish for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.

Refunds

• On receipt of the product back & once it is validated, a return request is to be placed within 7 working days.
• On receipt of the product & ascertained, a further process of refund is initiated.
• On order, cancellation refund would depend on the mode of payment chosen by you a refund would be initiated within 3 to 5 working days.

Governing Law

These Terms & Conditions shall be governed in accordance with the laws of The States without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for your benefit. It is not for the benefit of any other person, except for your successors and permitted assigns. 

Disclaimer by Xfurbish

Xfurbish solely acts as a mediator in the form of an online marketplace and is limited to managing the website to enable the seller to advertise, exhibit, and offer to sell the products and to enable a buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. Accordingly, the contract for sale of any of the products shall be a bipartite contract between the seller and the buyer. At no time shall Xfurbish have any obligations or liabilities in respect of such contract nor shall Xfurbish hold any title in the products. The title in the products and other rights and interest in the Products shall directly pass to the buyer from the seller.

These terms & conditions shall not alter or modify any contracts, agreements, terms, or policies between the seller and the buyer on one hand and Xfurbish on the other hand.

Xfurbish does not warrant that the sale price provided by the Seller of the product is accurate, proper, and valid. Any error in the sale price shall be solely attributed to the Seller and not to Xfurbish. Prices, Product description, and availability of the Product Are Seller's responsibility.

Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and Xfurbish shall not in any manner be held liable for the same.

Xfurbish shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller, and the installation of the Product where required. If there is any query kindly contact us at support@xfurbish.com.ng, We will be happy to assist you.

Updated on February 17, 2020