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.
Payment
mode | Refund mode options |
Credit card/
Debit card | Credit card/
Debit card |
IMPS/Bank
Account through net banking | IMPS/Bank
account through net banking |
UPI | UPI |
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