Preamble
The Terms and Conditions of Service detail terms on which you (as a registered user) may purchase or sell bespoke digital products (the products) via our website at www.digitalmart.com.ng (the Site). In ordering or selling any product, you agree to be bound by these Terms and Conditions of Service. Prior to placing any order or selling you must click on the button marked "I Accept" at the end of these Terms and Conditions of Service. Please understand that if you refuse to accept these Terms and Conditions of Service, you will not be able order or sell any product from the site.
In accepting these Terms and Conditions of Service, you also agree to be bound by our Website Terms and Conditions and Privacy Policy. Prior to placing any order with us and for future reference, you should print a copy of these Terms and Conditions of Service and our Privacy Policy.
Currency and Pricing
All of our prices are stated in Nigerian Naira and are stated exclusive of VAT but you can check the current exchange rate to see the price in your local currency. We will use all reasonable endeavours to ensure that our price list is current and reserve the right to amend our prices at any time. If you place an order, we will fulfil your order at the price listed at the time that you ordered. Our price is attached to each product. You may be charged an additional sum to cover packaging and posting costs, details of which can be accessed under Delivery (if necessary). Payments and transactions are managed for us by the independent e-commerce payment gateways. Payments to us will appear on your bank statement as Ritsam Ventures, owners of DigitalMart.Com.Ng.
Ordering
After placing an order, you will receive an automated e-mail from us acknowledging that we have received your order (an Auto Email). Please note that this is NOT an acceptance by us of your order. Your order constitutes an offer by you to us to buy product(s). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that order has been accepted (the Order Confirmation). The binding contract between us in respect of our sale and delivery of product(s) to you (Contract) will be on the terms set out in these Terms and Conditions of Service (and any documents incorporated herein) and any terms set out in your order which are accepted by us in our Order Confirmation and the Contract shall only be formed on the date that we send the Order Confirmation to you.
The Contract will relate only to those product(s) whose order we have confirmed in the Order Confirmation. We will not be obliged to supply any other product(s) which may have been part of your order until the acceptance of your order in respect of such product(s) has been confirmed in a separate Order Confirmation.
You must ensure that at the time of submission of an order to us the content and format of the submission and any relating information is accurate. It is our responsibility to reproduce the submission received and we have no responsibility to review or amend the submission nor do we have any responsibility to review its content for any reason including without limitation to ensure that it is not in breach of any law, statute or any third party rights. No amendments or changes can be made to the submission once it has been submitted.
You may cancel your order by email to us at [email protected] at any time up to such time that you receive an Order Confirmation. Our sending of an Order Confirmation shall be deemed receipt of such confirmation by you. Once such Order Confirmation email has been sent by us, we have a formal binding agreement between us on the terms and conditions contained herein and your order form and you may not cancel your order.
Delivery
Delivery of your products will be in accordance with our Terms of Delivery which are hereby incorporated into these Terms and Conditions of Service. Title in the goods passes to you when we have received payment. All risk of loss or damage to the goods passes to you when you have received the goods.
In the event that you do not receive any product that we have dispatched to you, we will (at our discretion) either dispatch a replacement or refund to you to the purchase price of the product together with the costs paid by you of any postage and packaging (if applicable). We shall require from you reasonable evidence of non-delivery. However, the cost of delivery may not be refunded except the fault is ours.
In the event that any product requested is not available at the time of submission of your content and shall not be available to us for a period in excess of fourteen (14) days from submission, we shall use reasonable endeavours to notify you via email within five (5) working days of receipt of your order. You shall have the right to select another product or cancel your product order.
Most of our products on this site are digital (downloadable format). Please note that when you receive a link to download your products via your account or an email you used to register your account with us, you MUST download them before the expiration of the link sent to you. In the event that you didn't download your purchased online content before the link expires, we will NOT BE LIABLE to send you another link to that effect.
Selling
For providing you with the tools to sell your digital products, we will take 30% of the selling price of your sold products to maintain the site. We will send your payment to your account via the withdrawal method you set in your account. The minimum threshold amount for withdrawal is $20 (or its equivalence in Nigeria Naira). Withdrawal charges will be paid by you. The same condition is applicable to an affiliate.
Copyright Infringements
Ritsam ventures shall not be liable to any copyright infringement arising from any digital product submitted by a vendor to be sold on our website. We strongly advise that you are sole proprietor or owner of any product sold in your store. In an event of any copyright infringement, we shall not hesitate to release your contact information to the law enforcement agencies for prosecution.
Communication
When using our Site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Indemnity
You hereby agree to indemnify us against any claims, loss or damage arising (directly or indirectly including without limitation consequential loss, loss of goodwill and/or reputation) out of any breach by you of these Terms and Conditions of Service and/or your use of our Site.
Events beyond Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks that will invariably affect Internet connections.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Jurisdiction and Applicable Law
These Terms and Conditions of Service (including the documents referred to and thus incorporated herein) shall be governed by the laws of the Federal Republic of Nigeria (FRN). The Nigerian courts will have exclusive jurisdiction over any claim arising from these terms and conditions, provision of our services hereunder and/or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Variations and Assignment
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made. For the avoidance of doubt the terms and conditions which were displayed on our Site at the time of your placing an order shall be applicable for the purposes of that order (and any revised terms shall not be applicable to that same order). We may assign and/or sub-license our rights and obligations to you to any third party provided they agree to fulfil our obligations to you hereunder. You may not assign or otherwise transfer your rights without our prior written consent.
Notices
All legal notices given by you to us must be given to our registered office at PO Box 388, Agege 100283, Lagos, Nigeria. We may give legal notices to you at the postal address you provide to us when placing an order. All legal notices hereunder must be sent by recorded delivery post and legal notices will be deemed received and properly served two days after the date of posting.
Waiver
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms and Conditions of Service shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices clause above.
Severability
If any part of these Terms and Conditions of Service are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. Any Contract between us shall not be enforceable by any third party who is not a party to such Contract whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Entire Agreement
These Terms and Conditions of Service, the Website Terms and Conditions, the Privacy Policy and any terms embodied in any order by you and confirmed by us in a Confirmation Email constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms and Conditions of Service or the documents incorporated herein.
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms and Conditions of Service. Nothing in this clause shall limit or exclude any liability for fraud.
Updated: 16-Apr-23
Updated: 16-Apr-23