Wemart Global Services Ltd (“Wematz”) owns and operates a platform in Nigeria that allows merchants to display and sell their products and services to the public over the internet. This platform is currently provided on the website www.wematz.com, but may be provided on different websites or applications in the future.
The merchant will have the opportunity to display their products and services on the Wematz platform. Wematz shall not accept purchases and/or payments on behalf of the merchant. Wematz only provides the platform for referring buyers to the merchant and other services that will ease the e-commerce business. In addition to this and at Wematz’s discretion, they may provide the merchant with analytics about the performance of the merchants’s products and additional marketing support. This support shall be at an agreed fee.
The merchant authorizes Wematz to display their logo, products and services.
Wematz may carry out changes to the website or service, and reserves the right to suspend the service, without notice.
Wematz’s rights and obligations
Wematz will present on its website the products listed by the merchant. The merchant will be responsible for listing their own products and services in their store accordingly.
Wematz is authorized to display merchants’ products and services on the Wematz website and buyers will have direct interaction and transactional dealings with the merchant.
In order to maintain its reputation for quality and high standard of service, Wematz reserves the right to terminate the relationship with the merchant if the merchant repeatedly receives bad reviews or complaints by clients, or fails to comply with our recommendations.
Merchant's Rights and Obligations
The merchant is obliged to provide all the information necessary when registering and listing a product on www.wematz.com. This should include but is not limited to, a detailed title and sub-title, price, quantity, picture and description. The merchant must never knowingly deceive potential buyers by misrepresenting their product(s) and services. The merchant must notify Wematz of any changes to the detail of their listings and update such information as changes occur.
The merchant guarantees that information listed on Wematz relating to products and services satisfies all legal/regulatory requirements including the laws of the Federal Republic of Nigeria, and in particular satisfies information requirements for safety standards and consumer protection.
The merchant will be responsible for keeping an up-to-date inventory of all their products and services listed on Wematz.
The merchant guarantees that all information provided does not violate any third party’s copyright.
The merchant will contact the prospective buyer directly after such buyer must have indicated interest in the merchant’s products or services. The merchant will send advertising or other promotional materials to the buyers at the buyer’s request only.
The merchant will process orders and delivery as arranged and agreed with the buyer. The merchant is required to keep all advertised products and services available to the best of their ability. Repeated stock-outs will result in the removal of the merchant and all their products and services from the Wematz platform.
If any of the merchant’s products displayed on the store is not available, the merchant must quickly update the store; removing all products that are out of stock.
The merchant agrees to adhere to the range of products and prices as provided to Wematz and as described on their listing on the website. The merchant guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform. The merchant further guarantees to take great care to keep up-to- date his range of products, stock count, prices and associated terms and conditions.
The merchant representative is to provide Wematz with a copy of his/her valid photo Identity Card during registration.
Buyer's Rights and Obligations
The buyer is obliged to have full information of the products and services listed by the merchant including but not limited to price and product details.
The buyer is obliged to thoroughly verify the merchant before concluding a transaction with any merchant. Wematz will not be responsible for any loss whatsoever that may occur in a transaction between buyer and merchant.
The buyer reserves the right to walk out of any transaction with a merchant at any time, provided the buyer has not caused the merchant to make commitment that will cost the merchant money.
The buyer is obliged to provide valid and correct information of himself or herself to the merchant and not give false or misleading information.
The buyer shall be responsible for any eventuality that may arise as a result of providing false, invalid and misleading information.
The buyers are in line with the agreed payment conditions with the merchant obliged to pay for every product and services ordered from the merchants’ store and successfully delivered to the buyer.
Payments to Wematz is made electronically through card/online payment.
The merchant will keep receipts of payments to Wematz. The merchant shall keep duplicate copies of receipt issued to buyers for at least 12 months and make those available upon request.
The merchant bears the risk of abuse of the payment medium (card/electronic payment fraud).
Wematz has the right to freely maintain the merchant’s listing and its ranking on the website. Wematz offers customers the opportunity to give ratings and reviews of the merchant’s products and services on the website, and has the right but not the obligation to publish these online and make them visible to all visitors to the website. Wematz reserves the right to delete ratings and reviews.
Wematz may publish online the merchant’s store, logos and other materials required. The merchant grants to Wematz a royalty- free, perpetual, unrestricted licence to use and distribute any materials provided by them, for the purpose of advertising Wematz’s services. In particular, this includes but not limited to use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.
Charges and Fees
The merchant agrees to pay Wematz a fixed signup fee during registration. The signup fee is an annual payment to Wematz.
The merchant agrees to pay promotional fee for any promotion of products or services on the Wematz platform.
Wematz reserves the right to change the fees. Wematz will give the merchant adequate notice of any fee changes, in writing.
The merchant indemnifies Wematz from all claims arising in relation to transaction between the buyer and the merchant, including but not limited to the quality of goods and services provided by the merchant. The merchant further indemnifies Wematz from third parties’ claims resulting from any violation of laws and regulations by the merchant.
The buyer indemnifies Wematz from all claims arising in relation to transaction between the buyer and the merchant, including but not limited to the quality of goods and services provided by the merchant.
Wematz cannot guarantee that its services will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
VAT and duties liability rests with the merchant and Wematz will not be responsible for any VAT and duties obligations for merchants.
Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is to remain in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.
Terms and termination
This agreement is valid as soon as the merchant signs up on the Wematz platform and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email or post. The right to immediate termination by either party for important cause remains unaffected.
The right to immediate termination in particular covers the case where the merchant repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the merchant’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
If a single clause in this agreement is invalid, both parties will endeavor to replace the invalid clause by a valid one that represents as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
Wematz reserves the right to modify its general terms and conditions without giving any justification. In that case, Wematz will give the merchant adequate notice in writing. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
The changed terms and conditions are considered agreed by the merchant if he does not object to them in writing within 2 weeks of receiving notice of the changes.
Any terms and conditions of the merchant are not part of this agreement unless Wematz expressly agrees to adhere to them in writing.