Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.dumota.com/ website and the Mobile App mobile application (the "Service") operated by My Company ("us", "we", or "our").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your ...
Content
E-Contract dumota.com
IMPORTANT FOREWORD:
Because of a constant improvement of our services, the contract giving access to our VENDOR HUB will constantly evolve. We will therefore use the e-contract feature to always keep you updated about those evolution. To be able to keep using your VENDOR HUB, you will be required to read carefully each edition of the contract and accept it.
After an issuance of new Contract, a Vendor will be given 2 weeks to accept the terms. If not, the related VENDOR HUB account will be suspended. If you accept the Contract, these conditions will be applied to all the orders processed after the electronic signing of the contract.
If you wish to gain more clarity about the terms of this contract, please contact either your dedicated Vendor Manager or Vendor Support HUB.
Contents
I. Scope and definitions for the Contract
a. DEFINITION OF THE OBJECT AND PRESTATIONS RELATIVE TO THIS CONTRACT
b. DEFINITION OF THE TERMS OF THE CONTRACT AND TERMINOLOGY
c. MODIFICATION AND TERMINATION OF THE CONTRACT
d. JURISDICTIONAL COMPETENCY AND GOVERNING LAW
II. Rights and Obligations of the different parties related to the operating model
a. COMMUNICATION
i. From Dumota to the Vendor
ii. From the Vendor to Dumota
b. EXECUTION
i. Dumota’s rights and obligation
ii. Vendor’s rights and obligation
iii. Penalties in case of the non-respect of Dumota Quality commitment
III. System usage agreement
a. GENERAL CONDITIONS OF USE OF THE VENDOR HUB
b. COMMITMENT AND GUARANTEE OF THE VENDOR RELATED TO THE USE OF THE VENDOR HUB
IV. General conditions of transactions and payment between Dumota and the Vendor
a. GENERAL CONDITIONS OF PAYMENT
b. COMMISSIONS AND FEES COLLECTED BY DUMOTA DISTRIBUTION COMPANY LIMITED
V. Logistics
a. DIFFERENT TYPES OF ORDERS MANAGEMENT
b. ORDERS MANAGEMENT PROCEDURES
c. GENERAL PRINCIPLES REGARDING PROCESS OF PRODUCTS RETURNED
VI. Liability
a. LIMITATION OF LIABILITY
b. FORCE MAJEURE
VII. Privacy
VIII. Intellectual property
I. Scope and definitions for the Contract
a. DEFINITION OF THE OBJECT AND PRESTATIONS RELATIVE TO THIS CONTRACT.
(1) Scope: The present contract is established in order to set up the contractual relation between
DUMOTA DISTRIBUTION COMPANY LIMITED a Limited Liability Company registered under the Companies and Allied Matters Act CAP C20 LFN 2004 with its office at No. 3b, Admiralty road, off Admiralty way Lekki Phase one, Lagos (hereinafter also referred to as "Dumota") of the one part.
And, the Vendor, whereas:
DUMOTA DISTRIBUTION COMPANY LIMITED is in the business of providing and facilitating ecommerce/online shopping experience in Nigeria, via its online retail platform www.dumota.com
The Vendor is a company registered under the laws of the Federal Republic of Nigeria, selling legally products to final customers.
The Vendor intends to sell products on Dumota’s platform and Dumota agrees to allow the Vendor to use its website platform for this purpose on the terms on conditions contained herein below.
The Parties have thus agreed to enter this Agreement based on the terms and conditions hereunder set out.
This contract expressly supersedes prior agreements or arrangements with the Vendor.
Guidelines available in VENDOR HUB may apply to certain services, such as operating model, rules, activity or promotion, and such guidelines will be disclosed in VENDOR HUB. guidelines are in addition to, and shall be deemed a part of, the present Contract for the purposes of the applicable Operating Model, Rules and Services. Guidelines shall prevail over this Contract in the event of a conflict with respect to the applicable Services.
(2) Customer Satisfaction as the common interest of both parties: By signing this contract, both parties agree that customer satisfaction is the ultimate interest guiding the commercial actions and behaviors of both parties.
(3) Acceptation of the contract: Every transaction of the Vendor on Dumota’s platform is bounded to the acceptation of all the terms of this contract as well as the details, annexes and appendices mentioned in this contract and accessible on www.dumota.com and to Vendor’s renunciation to claim any of its own general terms and conditions of sales.
Therefore, any condition of sales opposed by the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED will be null and void. This agreement will be considered as valid as soon as the Vendor will have signed it or processed an order through Dumota.
If for some reason and at some point, DUMOTA DISTRIBUTION COMPANY LIMITED does not demand the fulfillment of one of the term of this contract, this does not mean that DUMOTA DISTRIBUTION COMPANY LIMITED will not demand the fulfillment of any other condition of that contract.
(3) Definition of services: Dumota runs and operates a platform that allows Vendors to sell their products to the public over the internet and an adapted partner logistics network.
(4) Limitation of DUMOTA DISTRIBUTION COMPANY LIMITED’s services: The service provided by DUMOTA DISTRIBUTION COMPANY LIMITED is limited to referring customers to the Vendor and accepting orders and payments on their behalf, as well as a supporting range of logistics and marketing services, to be requested and purchased by the Vendor. This support is covered within the agreed upon level of commission and services fees.
(5) Duration and Termination of contract: This agreement is valid as soon as it is signed by the Vendor or as soon as one order on the VENDOR HUB is handled by the Vendor. It remains valid until terminated by either party via a one-month notice is writing.
(6) Use of Subcontractors: DUMOTA DISTRIBUTION COMPANY LIMITED may use the services of subcontractors to execute any part of the present contract or any kind of existing or future services Dumota can propose to Vendors and customers.
b. DEFINITION OF THE TERMS OF THE CONTRACT AND TERMINOLOGY
In this contract, there are technical wordings specific to e-commerce sector. In this Agreement, unless the subject or context otherwise requires, the following words and expressions shall have the following meanings:
· VENDOR HUB ACCOUNT: The dedicated internet website for which the access is provided by DUMOTA DISTRIBUTION COMPANY LIMITED to the Vendor to manage his products, announces, orders, pricing, sales operations…
· ANNOUNCE: is a product listed by the Vendor on VENDOR HUB in order to be sold on Dumota. An announce is made of the product name, the product description, pictures of the product and the selling price of the product.
· Dumota FIRST (also known as FULFILLMENT BY Dumota) Vendor’s stock is stored in DUMOTA DISTRIBUTION COMPANY LIMITED’s warehouse before it is sold. The ownership of the stock remains with the Vendor, and DUMOTA DISTRIBUTION COMPANY LIMITED’s acts purely as a guardian of this stock. Items are stored, packed and delivered by DUMOTA DISTRIBUTION COMPANY LIMITED’s.
· CUSTOMER SERVICE: Customer Service provided by DUMOTA DISTRIBUTION COMPANY LIMITED to manage the After Sales relationship, the confirmation of orders and all the relationship between the final customer DUMOTA DISTRIBUTION COMPANY LIMITED.
· VENDOR SUPPORT HUB: support service provided by DUMOTA DISTRIBUTION COMPANY LIMITED to solve the issues faced by vendors as well as to help vendors growing their business.
· WAREHOUSE: The warehouse is that facility of DUMOTA DISTRIBUTION COMPANY LIMITED where all the products in Dumota First (Fulfillment by Dumota) are stored and where the orders are processed.
· INBOUND: Reception department of the products by DUMOTA DISTRIBUTION COMPANY LIMITED, and action of accepting and registering stock brought in the Warehouse by the Vendor
· FINAL DELIVERY: Transfer of the ownership of the product from the Vendor to the final customer.
· HUB: A location owned, or operated by DUMOTA DISTRIBUTION COMPANY LIMITED or one of its logistics partner where the vendor can drop items and when eligible pick up returned items.
· SHIPPED: A product is considered shipped 1) if Dumota First: when an item has left our Dumota Warehouse 2) if Fulfillment by vendor (drop shipping): when an item is received by DUMOTA SERVICES NIGERIA LTD’s staff, or one of its logistics partner
· READY TO SHIP: The products are signaled as being physically available, packed according to packaging Guidelines and ready to be transferred to DUMOTA DISTRIBUTION COMPANY LIMITED for delivery.
· BUSINESS DAY: A day (excluding Saturdays and Sundays) on which commercial banks generally are open for business in Nigeria.
· COMPETITOR: Any private or corporate person, who directly or indirectly, engages in the sale of goods and services on the internet in Nigeria. For the avoidance of doubt, any person whose direct or indirect business is only partially similar to the aforementioned would still be deemed to be a Competitor
· CONDITIONS: means the general terms and conditions set out in this document and (unless the context otherwise requires) any specific terms and conditions agreed in writing between the Vendor and DUMOTA DISTRIBUTION COMPANY LIMITED
· CONTRACT: The contract entered into between Dumota and the Vendor to use of DUMOTA DISTRIBUTION COMPANY LIMITED’s Platform for the purchase and sale of the Vendor’s Goods to customers, howsoever formed or concluded. A Contract shall include any exhibits and documentation expressly referenced therein.
· CANCELLATION: The fact for the vendor to cancel an order received in VENDOR HUB. This cancellation can also be called an out of stock (OOS) in communications with DUMOTA DISTRIBUTION COMPANY LIMITED’s customers.
· FULFILLMENT BY VENDOR (DROP SHIPPING): Vendors is responsible for holding its stock and for providing items in a timely manner and abiding packaging Guidelines to DUMOTA DISTRIBUTION COMPANY LIMITED when an order has been placed by the customer. The vendor can use logistics services from DUMOTA DISTRIBUTION COMPANY LIMITED to support this process
· IN WRITING/WRITTEN: includes electronic mail to the e-mail ADDRESS designated by DUMOTA DISTRIBUTION COMPANY LIMITED for the purpose of communication between DUMOTA DISTRIBUTION COMPANY LIMITED and the Vendor, and any comparable means of communication, so long as such form results in a permanent record being made
· INTELLECTUAL PROPERTY: any patent, copyright, registered or unregistered design, design right, registered or unregistered trademark, service mark or other industrial or intellectual property right and includes applications for any of them
· ANNOUNCE PRICE: announce price of the good as set up by the Vendor or modified by DUMOTA DISTRIBUTION COMPANY LIMITED in the case of a Promotion for which the Vendors gave express agreement
· PROMOTION: is a specific and extraordinary commercial event organized by DUMOTA DISTRIBUTION COMPANY LIMITED during which DUMOTA DISTRIBUTION COMPANY LIMITED will highlight to its customers certain products sold at specifically attractive conditions. This event can be announced via VENDOR HUB and DUMOTA DISTRIBUTION COMPANY LIMITED may offer its Vendor to add products. The submission of the product is done through the promotion feature in VENDOR HUB.
· PROMOTION FEATURE: is available from the main page of the VENDOR HUB and allow the Vendor to submit products to a promotion. DUMOTA DISTRIBUTION COMPANY LIMITED then evaluate submitted products and select the best of them. By joining a promotion the Vendor authorizes DUMOTA DISTRIBUTION COMPANY LIMITED to modify the listing price of the submitted products.
· SPECIAL PRICE: a discounted price that is lower than the original price of the listed product. A special price has a start and an end date.
· CONTACT INFORMATION: All the correct and up to date information given by the Vendor to allow DUMOTA DISTRIBUTION COMPANY LIMITED to reach him: one single e-mail ADDRESS, phone number, Tax ID number and physical ADDRESS.
· ACCOUNT MANAGER: a DUMOTA DISTRIBUTION COMPANY LIMITED professional agent specialized in supporting commercial growth and relevancy of a Vendor on the platform. The attribution of an Account Manger to a vendor is solely under DUMOTA DISTRIBUTION COMPANY LIMITED’s discretion.
· SHOP: all the products listed by the Vendor on DUMOTA DISTRIBUTION COMPANY LIMITED
· VALUE ADDED SERVICES: list of logistics, warehousing, commercial and marketing services proposed by DUMOTA DISTRIBUTION COMPANY LIMITED and its partners and affiliates to the Vendor and for which the Vendor can subscribe against the payment of a fee.
· MAJOR COMMERCIAL EVENT: A commercial event during which DUMOTA DISTRIBUTION COMPANY LIMITED will invest massively in marketing to generate significant traffic, of the highest quality (high willingness to purchase). During those events, DUMOTA DISTRIBUTION COMPANY LIMITED will promote only the best offers from Vendors (special prices, promotion)
· GUIDELINES: Set of criteria qualifying the rules present in this contract and that the Vendor must respect regarding DUMOTA DISTRIBUTION COMPANY LIMITED operating model. Those Guidelines purpose is to aim at achieving the best possible results with regards to ensuring full customer satisfaction. Guidelines are also giving details and pricing to the various services DUMOTA DISTRIBUTION COMPANY LIMITED can offer to support that mission. Guidelines are available in the footer of VENDOR HUB under the tab Dumota Operating Guidelines.
· SKU: stock keeping unit describing a unique type or item being sold.
· CUSTOMER: Customer shopping on DUMOTA DISTRIBUTION COMPANY LIMITED platform. Dumota is the sole owner of the relationship with the customer. The Vendor is therefore forbidden to use any customer information gathered while operating as a Vendor for its own private or commercial use
· VAT: Value Added Tax as applied per the applicable tax authorities.
· 3PL: third party logistics provider, a logistic partner providing the array of logistics services sold by Dumota
· TAX IDENTIFICATION NUMBER (TIN): Official Tax Identification Number or any valid tax authorities reference attached to the business of the vendor and registered to legal national authorities.
c. MODIFICATION AND TERMINATION OF THE CONTRACT
(1) Termination of contract by the Vendor: This contract remains valid for one year extendable by tacit agreement until one of the parties terminates it. Vendor may terminate this Contract by means of thirty (30) Days’ notice by registered letter with acknowledgement of receipt. In these 30 days, the parties shall continue to comply with all the terms of this agreement. In case of Force Majeure or of non-compliance with the agreements by the Vendor, the contract may be terminated immediately.
(2) Termination of contract by DUMOTA DISTRIBUTION COMPANY LIMITED: DUMOTA DISTRIBUTION COMPANY LIMITED may terminate immediately this contract if the Vendor fails to meet level of operational performance considered as bear minimum to provide a satisfactory Customer experience of purchase on the platform. Those levels and the way they are being measured are available 24/7 on the Guidelines section of the VENDOR HUB.
(3) Replacement of an invalid term: If a term of this agreement is not valid, both parties will work together to replace it with a valid term which is as similar as possible to the invalid one. The validity of the rest of the contract remains unchanged.
(4) Modification of the contract by DUMOTA DISTRIBUTION COMPANY LIMITED: DUMOTA DISTRIBUTION COMPANY LIMITED may change this contract at any moment. In that case, DUMOTA DISTRIBUTION COMPANY LIMITED will communicate that change to the Vendor through an email and through a notification in the Vendor’s VENDOR HUB account.
The Vendor will then have 2 weeks to accept those changes or to communicate its disagreement. If the Vendor doesn’t agree within 2 weeks, its VENDOR HUB Account will be suspended in order to protect the Vendor from operating under un-agreed conditions.
(5) Modification of the Guidelines available in VENDOR HUB: DUMOTA DISTRIBUTION COMPANY LIMITED may amend terms related to the Guidelines from time to time. Amendments will be effective upon DUMOTA SERVICES NIGERIA LIMTED posting of such updated Guidelines in VENDOR HUB. The Vendor continued access or use of the VENDOR HUB after such posting constitutes the Vendor’s consent to be bound by the Guidelines, as amended.
d. JURISDICTIONAL COMPETENCY AND GOVERNING LAW
(1) Governing Law: This Agreement is governed and interpreted in accordance with the law of Nigeria.
(2) Competent court: Except as provided for in below, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Arbitration and Conciliation Act (Cap A18) Laws of the Federation of Nigeria 2004). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the by the parties herein, or in the absence of such agreement, to an Arbitrator appointed by the High Court of Lagos State. The place of arbitration shall be Lagos. Any award by the arbitration tribunal shall be final and binding upon the parties.
(3) Permanency of contractual obligations: Parties to this Agreement shall continue to uphold their respective contractual obligations at all times until the resolution of any conflict or dispute in accordance with the terms of this Agreement.
II. Rights and Obligations of the different parties related to the operating model
a. COMMUNICATION
i. From DUMOTA DISTRIBUTION COMPANY LIMITED to the Vendor
(1) DUMOTA DISTRIBUTION COMPANY LIMITED will communicate to the Vendor using the information given by the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED when registering on VENDOR HUB. The Vendor is responsible for updating DUMOTA DISTRIBUTION COMPANY LIMITED systems and teams within 24 (twenty-four) hours in case of any change in its contact information.
(2) Every message sent to the Vendor through his registered email in the VENDOR HUB account or via VENDOR HUB which doesn’t receive an answer or written objection within 72 (seventy-two) hours will be deemed to signify an agreement between DUMOTA DISTRIBUTION COMPANY LIMITED and the Vendor.
ii. From the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED
(1) The Vendor will communicate to DUMOTA DISTRIBUTION COMPANY LIMITED using emails, phone, or mobile messaging, in case the Vendor is followed up by an account manager. Emails and phone contact information can be found up to date in the VENDOR HUB account
(2) The Vendor agrees to share diligently all the information needed regarding his business and operations in order to help DUMOTA DISTRIBUTION COMPANY LIMITED resolving his issues operating on the platform. The information shared must be as exhaustive and structured as possible.
b. EXECUTION
i. DUMOTA DISTRIBUTION COMPANY LIMITED’s rights and obligation
(1) The Vendor acknowledges that the relationship between customers and DUMOTA DISTRIBUTION COMPANY LIMITED is governed by the privacy policy and the general terms and conditions, both available on the website.
(2) Product Listing and Content Management: DUMOTA DISTRIBUTION COMPANY LIMITED will present on the website the products listed by the Vendor that passed Quality Control. The Vendor will be responsible for listing their own products.
The Vendor grants to DUMOTA DISTRIBUTION COMPANY LIMITED the perpetual rights to use, reproduce, modify, adapt, publish, translate and create other contents and to distribute the content that the Vendor provides.
In order to maintain its reputation for quality and high standard of service, DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to delist the Vendor and to terminate the relationship with the Vendor if the Vendor repeatedly receives bad reviews or complaints or fails to comply with other Dumota standards.
If the Vendor is delisted, DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to share the Vendor's contact information as well as the content the Vendor created on VENDOR HUB to dumota.com, unless the Vendor communicates expressively its refusal of such information transfer after receiving notification of the delisting.
DUMOTA DISTRIBUTION COMPANY LIMITED offers to the customer the opportunity to evaluate the products on its site. DUMOTA DISTRIBUTION COMPANY LIMITED will review these evaluations reviews and may publish them.
(3) Pricing: DUMOTA DISTRIBUTION COMPANY LIMITED is not entitled to changes the prices of the products listed by the Vendor without the express agreement of the Vendor. Pricing can be adjusted 24/7 by the Vendor for any item sold on his account.
(4) Stock Level and Order Fulfillment: DUMOTA DISTRIBUTION COMPANY LIMITED is authorized to accept binding sales on behalf of the Vendor and will ensure that order data is passed on to Vendor through the VENDOR HUB within one business day subject to holidays and weekends. DUMOTA DISTRIBUTION COMPANY LIMITED will process the orders following the Operating Model Guidelines as available in VENDOR HUB.
(5) Packaging Guidelines: DUMOTA DISTRIBUTION COMPANY LIMITED will provide access to the Vendor to packaging Guidelines in VENDOR HUB. Vendor is responsible for packaging its items unless vendor decides to subscribe to the packing service provided by DUMOTA SERVICES NIGERIA LTD. DUMOTA SERVICES NIGERIA LTD may as well provide adapted packaging material for sale on Dumota. DUMOTA DISTRIBUTION COMPANY LIMITED may conduct tests and audits of the packaging practices of the Vendor and may refuse to ship an order for which the packaging is not matching the Packaging Guidelines. In such case, penalties may be applicable, as stipulated in the packaging Guidelines.
(6) Returns: DUMOTA DISTRIBUTION COMPANY LIMITED will manage the returns of the Vendor following the General Principles Regarding Process of Returned Items mentioned in part II. b. iii. of the present contract and the Return Guidelinesavailable in VENDOR HUB.
(7) Counterfeited products: DUMOTA DISTRIBUTION COMPANY LIMITED may conduct audit and test over the products provided by the Vendor to guarantee that no products sold on Dumota are counterfeited products. Such activities would be considered as fraudulent by the Vendor and could lead to immediate legal pursuit.
(8) Promotion Feature: DUMOTA DISTRIBUTION COMPANY LIMITED controls the placement of promoted products submitted by the Vendor through VENDOR HUB.
(9) Payments terms: DUMOTA DISTRIBUTION COMPANY LIMITED will pay the Vendor for the products sold on Dumota following the payment term Option agreed with DUMOTA DISTRIBUTION COMPANY LIMITED.
(10) Website: DUMOTA DISTRIBUTION COMPANY LIMITED may do changes in its website or in its services or suspend his services.
(11) Third Party Provider: DUMOTA DISTRIBUTION COMPANY LIMITED will be able to appeal to third part service providers to fulfill some part of the services to the Vendor and to the customer.
(12) Training: DUMOTA DISTRIBUTION COMPANY LIMITED will provide to the Vendor training material as well as the support needed so the Vendor can build the level of competences and gather the knowledge needed to operate its shop on DUMOTA DISTRIBUTION COMPANY LIMITED. Trainings are set up in order to prepare the Vendor to the management of its shop through the VENDOR HUB. This training may be provided both online or offline. DUMOTA DISTRIBUTION COMPANY LIMITED reserve the right to charge a fee for certain training program. Vendors may be required to attend training in order to be eligible to sell on the platform.
(13) Customer Relationship Ownership: DUMOTA DISTRIBUTION COMPANY LIMITED is the owner of the customer relationship and will share information or data related to customer only a need to know basis, and under the understanding that the Vendor is bound to confidentiality of those information, as well as prohibited to use them in any other usage than the one expected by the operating of the VENDOR HUB.
ii. Vendor’s rights and obligation
(1) Training: Every Vendor is to guarantee that his level of understanding of DUMOTA DISTRIBUTION COMPANY LIMITED’s operating model allows him to operate his shop independently. Training material is offered by DUMOTA DISTRIBUTION COMPANY LIMITED for the Vendor. This training is set up in order to prepare the Vendor to the management of its shop through VENDOR HUB. This training may be provided online.
(2) Product Creation and Listing: The Vendor certifies that the description of the products listed on Dumota are true, abide by any law applicable to the promotion of a product to an end customers, and is respectful of the product creation Guidelines as communicated by DUMOTA DISTRIBUTION COMPANY LIMITED and available from the VENDOR HUB account.
Every item sold must be identical to its description on dumota.com and to the image provided. DUMOTA DISTRIBUTION COMPANY LIMITED may inspect the products given by the Vendor in order to check their conformity with the specifications mentioned by the Vendor on its VENDOR HUB and with the standards of quality enounced in that agreement. In case of non-conformity with the technical characteristics, with the color, image or in case of technical default, DUMOTA DISTRIBUTION COMPANY LIMITED will be able to return the product to the Vendor (and inflict penalties as stipulated in the Guidelines)
The Vendor will Keep DUMOTA DISTRIBUTION COMPANY LIMITED harmless of any suit, dispute arising from presenting on the platform illegal information or products, as well as products he wouldn’t have a valid license to operate
(3) Pricing: The Vendor is responsible for setting the prices of its products listed on dumota.com. The price must be including taxes and abide by any pricing law in effect for the full duration of the listing. The Vendor ensures that every effort is being made to limit to the minimum number of dispute over its products regarding quality and prices.
(4) Stock Level and Order Fulfillment: The Vendor certifies that for all its products listed on VENDOR HUB, the stock indicated as available is consistent with its real stock immediately available. The Vendor will process the order as per the Fulfillment Method he subscribed for, following the detailed Guidelines available on the VENDOR HUB.
If not selecting Dumota First (Fulfillment by Dumota):
The Vendor will process orders and arrange delivery with all reasonable care and diligence the moment receipt of confirmation of sale is received through the VENDOR HUB. Orders should be confirmed through VENDOR HUB and dropped off or picked up before the Maximum Fulfillment Time displayed in VENDOR HUB. Late fulfillment, repeated cancellations or any actions bringing prejudice to the customer purchasing experience will result in penalties applied to the Vendor (See section II. b. iii. of this agreement)
The Vendor will process the orders, prepare the package, the delivery bond, the invoice for the customer, the acknowledgement of receipt.
The Vendor has to name one dedicated employee for the management of its stock on Dumota.
If for any reason the vendor is unable to fulfill orders for a substantial period of time, the vendor must turn off all SKUs of his store at least five business days before his departure to avoid failure to fulfill new orders.
(5) Packaging Guidelines: The Vendor will package each processed order following the Dumota Packaging Guidelines as available in the VENDOR HUB. If the products packaged by the Vendor and received by DUMOTA DISTRIBUTION COMPANY LIMITED are not following the Guidelines, the package can be returned to the Vendor. Disrespect of this Guidelines may result in penalties or delisting of the Vendor.
(6) Returns of products: The Vendor commits to respect both the General Principles Regarding Process of Returned Items mentioned in part V. c. of the present contract and the Return Guidelines available in VENDOR HUB.
(7) Guarantee of products: The Vendor commits into providing a manufacturing warranty guarantee to its products and/or to replace all defective products (Dead on arrival). The details of the warranty provided for the products must be explicitly statement on the announce.
(8) Counterfeited products: The Vendor commits into providing only genuine products and to abide by every applicable law and regulations regarding sale of products to an end customer. Any disrespect of this term may lead to immediate termination of the contract, and the Vendor shall keep harm free DUMOTA DISTRIBUTION COMPANY LIMITED from any dispute regarding a breach of such laws and regulations
(9) Promotion Feature: When the Vendor submits its products to promotions using the promotion feature in the VENDOR HUB, the Vendors agreed to sell on dumota.com for the period mentioned in the promotion description at the price entered in the promotion feature. When joining a promotion, Vendors agrees DUMOTA DISTRIBUTION COMPANY LIMITED to change the price of its listed products during the agreed period and respect the promotion Guidelines as available in VENDOR HUB.
(10) Payments terms: The Vendor will be paid following the payment term Option agreed with DUMOTA DISTRIBUTION COMPANY LIMITED and available in VENDOR HUB.
(11) Major commercial events: When joining major commercial events on Dumota by proposing products to be added to promotion and subjected to receive traffic, the Vendor agrees to respect the Commercial Events Guidelines as available in VENDOR HUB.
(12) Content provided by the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED: The Vendor grants to DUMOTA DISTRIBUTION COMPANY LIMITED the perpetual rights to use, reproduce, modify, adapt, publish, translate and create other contents and to distribute the content that he provides.
In order to maintain its reputation for quality and high standard of service, DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to terminate the relationship with the Vendor if the Vendor repeatedly receives bad reviews or complaints, or fails to comply with other standards.
(13) Customer Relationship Ownership: The vendor doesn’t have the right to contact directly the customers and guarantee that DUMOTA DISTRIBUTION COMPANY LIMITED is the owner of the customer relationship.
iii. Penalties in case of the non-respect of Dumota Quality commitment
Penalties are here to compensate DUMOTA DISTRIBUTION COMPANY LIMITED for any extra effort required to meet our Mission of providing quality products at affordable prices to Customers, and to protect Dumota’s brand best interests. Penalties will be enforced according to the below Guidelines but are not limited to them and are susceptible to be applied to any behavior in opposition to the Guidelines available in VENDOR HUB and hurting Dumota’s customer interest and / or the Dumota Brand. Financial penalties will be deducted from the payout released to the Vendor according to the payment terms Option. The following list highlights most usual offense that would likely be subject to penalties:
(1) Counterfeited products and non-conformity of the products
(2) Slow fulfillment of orders
(3) Cancellation of orders and out of stock
(4) Lack of respect of Packaging Guidelines
(5) High rate of Returns of products
(6) Breach/infringement of any law and regulations applicable to trade by the Vendor
The amounts (in case of financial penalties) or procedures (in case of operational penalties) of those penalties are available on the Penalty Guidelines available in VENDOR HUB and will be deducted to the Vendor payout at the frequency described in the Payment terms Options.
III. System usage agreement
A. GENERAL CONDITIONS OF USE OF THE VENDOR HUB
(1) Rule on the use of the VENDOR HUB: Every Vendor who wants to list a product to sell through the VENDOR HUB has to create an account.
An account VENDOR HUB is private for the Vendor and cannot be transferred or ceased to any third part without the agreement of DUMOTA DISTRIBUTION COMPANY LIMITED. It is forbidden to use the account VENDOR HUB for different point of sales. Each VENDOR HUB Account is therefore for one unique point of sale and for one email ADDRESS.
(2) Rules of redaction of product pages: The Vendor commits into publishing announces only on his behalf. Then, without the agreement of DUMOTA DISTRIBUTION COMPANY LIMITED, the Vendor cannot publish an announcement on the behalf of a third part.
DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to:
Erase a product page published by a Vendor on the behalf of a third part without any compensation of the Vendor.
Remove without notice the VENDOR HUB account and all the products of a Vendor who would not respect this section and without any insemination.
To refuse the whole or a part of product page which would contravene these terms and conditions.
To refuse the image proposed by the Vendor for any reason, including but limited to the following reasons:
· The quality of this image isn’t matching Production Guidelines available in VENDOR HUB, in terms of quality, accuracy
· If the image can hurt the sensibility of customers or if the image is not compliant with moral ethic
An announce cannot be used to promote any other thing than the object of the description.
The announces are classified on dumota.com following a logic of ranking determined solely by DUMOTA DISTRIBUTION COMPANY LIMITED, Vendors may where applicable purchase premium placement for their products, as detailed in the VENDOR HUB Guideline to influence such a position.
It is forbidden to the Vendor to publish different announces for one same product. All the same, it is forbidden to publish different announces for a same product under different categories.
(3) Sensitive and prohibited Goods: The Vendor takes the full responsibility related to the commercialization of the products sold on Dumota and bears full responsibility for all legal implications related to the damages my products can cause, including but not restricted to, physical and health damages, material damages, loss of business.
The Vendor guarantees that he has the right to sell every product listed on his VENDOR HUB account and that he is fully compliant with every laws of the country, including tax laws and regulations applicable.
The Vendor, guarantees that when selling sensitive goods (detailed but not exhaustive list of concerned categories and products available in VENDOR HUB) the Vendor enjoys full authorizations to do so as well as that I respect the storing, processing and selling Guidelines provided by the manufacturer of the product.
The Vendor, if selling items under legal restriction, guarantees that he has all the licenses required to sell such products and that all legal requirements attached to the commercialization on such items are followed and enforced. This may concern registration to the health authority, license to sell, respect of storage conditions attached to each item, respect of manipulation rules, and respect of product description legal standards.
If products have a last date of consumption, I ensure that any products sold will give the customer at least 1 year before last date of consumption.
The sale of illegal articles if forbidden (below list is non- exhaustive):
· Currency, valid invoices from any country. Fake money and every product which counterfeit financial instruments.
· Every financial instrument disapproved by applicable financial controlling authorities
· Stolen or counterfeit goods
· Illegal substances and products sold to produce, modify or consume illegal substances. Drugs, medicines, steroids…
· Plants and animals threatened by extinction. Fur, organs, part of animals…
· Any explosive material
· Flammable material
· Fireworks, ammunitions and every manual which would explain how to build bombs and explosives
· Articles considered as being part of the historic patrimony
· Every article related to hacking
· Weapons and items related to ammunitions, bullets…
· Fake IDS, fake birth certificate, driving license… Or any fake document
· Organs
· Items related to pedophilia, pornography, naked children...
· Therapies
· Every item which contravene to intellectual property
(4) Title and description of a product page: The only authorized announces are announces in English. The content related Guidelines available in VENDOR HUB applies to define authorized practices on the platform
The title of the product page has to be limited to the name of its product and to its main specifications (Size, color...). All the remaining part of the description should appear in the description.
Every content of the product page should include requirement of the applicable regulation.
Should not be used links to other sites.
DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to modify the title of the product page so that it is conformed to the conditions of use of the VENDOR HUB.
The product pages are protected by intellectual property.
(5) Price: The only price indicated should be the selling price including applicable tax. This price should not be in the title of the product page.
(6) Photos: The photos included in the product page have to be related with the article or service proposed. It is forbidden to use logos of brands as a picture except in the category “Professional” of the site. It is forbidden to use the photos of other vendors without their approval. Those pictures are protected by intellectual property. DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to modify the title of the product page for commercial reasons.
(7) Termination of VENDOR HUB Account: The VENDOR HUB account is free and created for an unlimited time. It can be closed at any time and without any notice of the Vendor.
b. COMMITMENT AND GUARANTEE OF THE VENDOR RELATED TO THE USE OF THE VENDOR HUB
(1) The Vendor ensures that the content of its product pages complies with the legal obligations of its activity.
The Vendor ensures to DUMOTA DISTRIBUTION COMPANY LIMITED that he is the unique author of the texts, drawings, photographs… which compound the announcement.
Therefore, the Vendor ensures that he publishes the product page under his entire responsibility (and not that of DUMOTA DISTRIBUTION COMPANY LIMITED, his suppliers, and any other service provider of DUMOTA DISTRIBUTION COMPANY LIMITED). The Vendor commits into compensating any person who would suffer from the consequences of an illegal announce.
The Vendor recognizes and accepts that DUMOTA DISTRIBUTION COMPANY LIMITED is entitled to remove without notice or indemnity any announce which would not comply with the rules of DUMOTA DISTRIBUTION COMPANY LIMITED.
Because of the specificity of its services, DUMOTA DISTRIBUTION COMPANY LIMITED is required to collect personal information about the Vendor.
DUMOTA DISTRIBUTION COMPANY LIMITED can cooperate with authorities and give the identity of the Vendor to the legal authorities if the content of a product page does not comply with the national regulation.
For Vendors located abroad, reserves the right to add the mention “Warning: this announce was placed from abroad”
(2) If the Vendor chooses a Drop shipping procedure, the Vendor commits into selling only goods that he owns or that he is entitled to sell. In case of out of stock of the product, the Vendor commits into, withdrawing the product page from its VENDOR HUB.
(3) The Vendor accepts that because of lead-time due to QC, the product page may not go online instantly.
(4) The Vendor knows that data collected on the internet site will be retained by the Internet provider and by DUMOTA DISTRIBUTION COMPANY LIMITED for statistical use and to answer to demands of any regulators.
(5) To be acceptable, any complaint will have to precisely indicate the defaults of the product page and to be transferred to DUMOTA DISTRIBUTION COMPANY LIMITED by 8 days after the creation of the product page.
IV. General conditions of transactions and payment between Dumota and the Vendor
a. GENERAL CONDITIONS OF PAYMENT
(1) Payment by DUMOTA DISTRIBUTION COMPANY LIMITED to the Vendor: Payments done to the Vendor are calculated on the base of the sum of the selling price including tax of articles delivered to customers deducted from the amounts of products returned within this same period, as well as commissions and penalties. Payment terms applicable are being described in Payment terms Guidelines. All invoices issued by the Vendor shall be paid for in Naira.
(2) Payment Method: Payments are done by Bank Transfer. The vendor must enter its exact and up to date Bank information in the VENDOR HUB. Method maybe subjected to change as described in the Payment terms Guidelines.
(3) Invoices: The Vendor should provide an invoice for the customer printed from VENDOR HUB when providing to DUMOTA DISTRIBUTION COMPANY LIMITED the product to be delivered to the customer.
DUMOTA DISTRIBUTION COMPANY LIMITED will invoice the Vendor for the commission perceived and for the fees collected as well as for the penalties applied.
Where the Vendor fails to provide DUMOTA DISTRIBUTION COMPANY LIMITED with an invoice within 14 days of the original request date, the Vendor shall be deemed to have forfeited the value of the order as well as any rights to recover the value of the order.
(4) Payment Calculation: The revenue collected by DUMOTA DISTRIBUTION COMPANY LIMITED for the Vendor is based on the orders successfully delivered to the customer. Are withdrawn of that sum, the value of items which are returned. The Vendor understands that the items shipped but not delivered yet at the moment of the payment are not included in the payment.
Any sums due to the Vendor hereunder may be applied by DUMOTA DISTRIBUTION COMPANY LIMITED as a set off against any sums owed by the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED, or against any claims of third parties against DUMOTA DISTRIBUTION COMPANY LIMITED arising from the Vendor’s performance, under any document. At its sole discretion, DUMOTA DISTRIBUTION COMPANY LIMITED may withhold from payments to be made to the Vendor amounts legally required to be withheld from such payments and remitted to the taxing authority of any jurisdiction relevant to the transaction.
(5) Documents Required for Payment: Every payment is dependent with the following documents:
This contract electronically signed by both parties;
The delivery receipt given by DUMOTA DISTRIBUTION COMPANY LIMITED to the Vendor, signed for each item given to DUMOTA DISTRIBUTION COMPANY LIMITED
(6) Sales Report: At the end of each period, DUMOTA DISTRIBUTION COMPANY LIMITED shall issue via VENDOR HUB a Sales Report for reconciliation of the sales recorded by the Vendor prior to making payments and covering:
· The products delivered
· The products returned
· The products cancelled
· Any other transaction (Fees, Penalties, Correction entries)
(7) Payment Schedule: Payment Schedule and delays will follow the rules and agenda available in VENDOR HUB.
(8) Rules relatives to payments: The profit of each transaction is private to the Vendor. It cannot be ceased or transferred without the agreement of DUMOTA DISTRIBUTION COMPANY LIMITED.
(9) Reimbursement: There is no reimbursement after the execution of the various operational and marketing value added services DUMOTA DISTRIBUTION COMPANY LIMITED can provide.
(10) Price: The prices are indicated in Naira, including and excluding tax.
b. COMMISSIONS AND FEES COLLECTED BY DUMOTA DISTRIBUTION COMPANY LIMITED
(1) Calculation of Commission: The commissions are calculated as a percentage of the full tax selling price and are invoiced full tax. The other fees are invoiced with VAT. Therefore, Dumota collects VAT over the amount of commissions and fees that it withholds according to the regulation applicable.
(2) Invoice: On a frequency defined by Payment terms Guidelines, DUMOTA DISTRIBUTION COMPANY LIMITED invoices the Vendor. On this invoice may be found the commissions, fees for value added services and penalties owed by the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED.
(3) Adjustment of commissions: DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to adjust the percentage commission, providing suitable notice of 14 days is served in advance to the Vendor. DUMOTA DISTRIBUTION COMPANY LIMITED will duly notify the Vendor through and adequate e-mail notice of any commission changes. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.
(4) Adjustment of fees: Dumota may start charging additional fees for the sale of goods through the Dumota platform at any point. In the event of the introduction of further fees, the Vendor will be notified prior to their commencement in writing 14 days prior and they will have the option to opt out.
(5) Fees prices: The price of the different fees, of the paying options is that one in effect the day of transaction.
DUMOTA DISTRIBUTION COMPANY LIMITED keeps for itself the possibility of modifying its prices at every moment
(6) Commissions collected by DUMOTA DISTRIBUTION COMPANY LIMITED: All the commissions collected by DUMOTA DISTRIBUTION COMPANY LIMITED on the products of the marketplace are available on the VENDOR HUB (Settings >> Vendor’s Profile >> Commissions). The fact of selling on VENDOR HUB is the equivalent of accepting these commissions.
V. Logistics
a. DIFFERENT TYPES OF ORDERS MANAGEMENT
(1) Choice of a logistic procedure the Vendor has a choice between two different logistics procedures: Dumota First (Fulfillment by Dumota) and Fulfillment by Vendor (Drop Shipping). The Vendor can choose his preferred logistics procedure.
When creating an account on VENDOR HUB, the vendor is by default operating under Fulfillment by Vendor (Drop Shipping). The Vendor can apply to Dumota First through its dedicated account manager or through the Vendor Support HUB.
(2) Dumota First: Vendor accepted to Dumota First will receive a confirmation Email. After being accepted to Dumota First, the Vendor may choose through his VENDOR HUB to put in consignment some part or his stock. The Vendor remains the owner of these products during the entire period of deposit. Not any opened or damaged products will be accepted by DUMOTA DISTRIBUTION COMPANY LIMITED. DUMOTA DISTRIBUTION COMPANY LIMITED is responsible for any damage done to the Vendor’s product while in DUMOTA DISTRIBUTION COMPANY LIMITED’s warehouse.
(3) Fulfillment by Vendor (Drop Shipping): During a Drop Shipping procedure, the Vendor keeps the responsibility of the management of its stock and provides to DUMOTA DISTRIBUTION COMPANY LIMITED the product ready to be delivered to the customer. DUMOTA DISTRIBUTION COMPANY LIMITED or any of its contractors oversee the delivery of the product to the final customer.
b. ORDERS MANAGEMENT PROCEDURES
(1) General principles in case of Drop Shipping: The Vendor shall process the orders according to the training received by DUMOTA DISTRIBUTION COMPANY LIMITED and to make sure the product is provided to DUMOTA DISTRIBUTION COMPANY LIMITED in the following way:
The Vendor will have to provide DUMOTA DISTRIBUTION COMPANY LIMITED with the ordered products on a timing defined by Guidelines with DUMOTA DISTRIBUTION COMPANY LIMITED. The order must be confirmed through the VENDOR HUB by the Vendor. That way, the Vendor gives confirmation that the product ordered by the customer is available to be transferred to DUMOTA DISTRIBUTION COMPANY LIMITED and sold.
The Vendor will be able to drop directly his products processed in one of the hub determined by DUMOTA DISTRIBUTION COMPANY LIMITED. This process is called “Drop-Off”. The Vendor will also be able to have its products “Picked-up” by DUMOTA DISTRIBUTION COMPANY LIMITED or any of its certified contractors.
The Vendor commits into appointing an employee who will be the main middleman between the Vendor and the logistics service of DUMOTA DISTRIBUTION COMPANY LIMITED. If the employee is not here, the Vendor will have to replace him in order to make sure that the orders are processed.
The Vendor commits to retrieving items that have been processed for return within the timeline outlined in the Return Guidelines. Failure to do so may result in forfeiture of ownership, as stipulated in the Guidelines.
The Vendor commits into processing the order with one working day after its confirmation
The Vendor commits to ensuring his items are shipped within two business days of processing the item.
(2) Transfer of responsibility and ownership of the good: The Vendor shall provide in DUMOTA DISTRIBUTION COMPANY LIMITED’s warehouse the products packed. The transfer of responsibility of the product happens when the Vendor is given the coupon which certifies that DUMOTA DISTRIBUTION COMPANY LIMITED received the product. Yet, the Vendor remains the owner of the goods until they are sold.
The Vendor will take all the necessary care to protect the goods during transportation.
(3) Transfer of product from the Vendor to DUMOTA DISTRIBUTION COMPANY LIMITED: No product damaged before the transfer of responsibility between the Vendor and DUMOTA DISTRIBUTION COMPANY LIMITED will be accepted by DUMOTA DISTRIBUTION COMPANY LIMITED. If the product received by DUMOTA DISTRIBUTION COMPANY LIMITED is damaged, DUMOTA DISTRIBUTION COMPANY LIMITED will ask the Vendor for the free substitution of this product by a product in good conditions.
In case of delay in the sourcing of products, the Vendor will communicate soonest to DUMOTA DISTRIBUTION COMPANY LIMITED the date when he estimates that the product is ready.
If the Vendor takes more than 2 working days to give the products to DUMOTA DISTRIBUTION COMPANY LIMITED, DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to consider the product as stock out and to cancel the order, and to charge the penalties applicable
(4) General Principles of Dumota First: The Vendor will do a fulfillment request through VENDOR HUB and select from the products created the products to be transferred.
Stock Receiving: The vendor will ensure all the products mentioned in the fulfillment request are the exact products dropped off to DUMOTA DISTRIBUTION COMPANY LIMITED’s warehouse. The Vendor can drop off its products only during the opening hours of the Warehouse. When dropping its products, the Vendor must provide the list of the products and quantities dropped out to become Dumota First. The Vendor representatives will wait until full inbounding is done to sign 2 copies of delivery receipt not acknowledging arrival in the Warehouse
Stock Retrieval: The Vendor can request from VENDOR HUB its stock to be took out of the warehouse and made available for pick up. When collecting its stock DUMOTA DISTRIBUTION COMPANY LIMITED will provide the Vendor with a detailed list of the products and quantities returned to the Vendor.
b. GENERAL PRINCIPLES REGARDING PROCESS OF PRODUCTS RETURNED
(1) DUMOTA DISTRIBUTION COMPANY LIMITED will accept products returned by its customers, if the return reason respects the return policy mentioned on the website and on VENDOR HUB.
(2) Acceptation by the Vendor of the conditions of returns of DUMOTA DISTRIBUTION COMPANY LIMITED: The Vendor will accept the conditions of return of DUMOTA DISTRIBUTION COMPANY LIMITED, conditions mentioned on Dumota’s website and on VENDOR HUB. Moreover, the Vendor will renounce to his own return policy for all the orders on Dumota.
(3) Return conditions: The Vendor is obligated to accept returns or refunds of Goods on the following cases:
· Faulty Good
· Incorrect product
· Customer’s convenience (as long as it is within Dumota's return policy)
There are three types of Goods return
· For delivery failures
· Unopened returns - For items in whose categories Dumota offers a return policy and for items with visible damages
· Opened returns - for manufacturing defects, incorrect product and for categories where Dumota offers an opened returns policy
For Customer Convenience, DUMOTA DISTRIBUTION COMPANY LIMITED and the Vendor commits into accepting the product returned by the Customer if:
· The Customer asked to have his product returned to the Vendor by 7 days after the delivery date and through the Customer Service of DUMOTA DISTRIBUTION COMPANY LIMITED;
· The product sent back is still in its original plastic wrap
· The product has not been used
· There isn’t any missing part of the product
· The customer has conserved and sent back the invoice of the product
· Or, if the item is defective and the customer request a return within 7 days after the delivery date and through the Customer Service of DUMOTA DISTRIBUTION SERVICE NIGERAI LIMITED
The Vendor is required to provide warranty and Service HUB information to DUMOTA DISTRIBUTION SERVICE NIGERIA LIMITED for the entire period of the warranty to be shared with the customer.
If the an item is rendered unsellable during the delivery process, while the Vendor fully complied with packaging Guidelines at the point of shipping, DUMOTA DISTRIBUTION COMPANY LIMITED will bear the cost of return of the item and will pay the value of the item as it has been sold to a final customer.
(4) Returns process and split of responsibility: In case of products returned, a quality control is done in the warehouse of DUMOTA DISTRIBUTION COMPANY LIMITED in order to determine who is responsible for the return of the product.
If the product is in salable conditions and If DUMOTA DISTRIBUTION COMPANY LIMITED does not want to keep the product, it is returned to the Vendor who becomes again the legal owner of the product. If the Vendor has already been paid for the sale of the product, he shall reimburse Dumota minus the amount of the commission deducted by Dumota when the items was sold.
If the product is defective, a quality control is done on the product by DUMOTA DISTRIBUTION COMPANY LIMITED in order to determine who is responsible:
If DUMOTA DISTRIBUTION COMPANY LIMITED is responsible for the default of the product, DUMOTA DISTRIBUTION COMPANY LIMITED will reimburse the Customer or will replace the product
If the quality control shows that the Customer is responsible for the default of the product, the product is sent back to the Customer and there is no reimbursement.
If the Vendor or manufacturer is responsible for the default, the product is sent back to the Vendor. The Vendor shall reimburse DUMOTA DISTRIBUTION COMPANY LIMITED if he has already been paid for the sale of the product.
(5) Responsibility of the quality control: Once the product is returned, DUMOTA DISTRIBUTION COMPANY LIMITED has the responsibility of performing a quality control. In case of defect of the product, the quality control done by DUMOTA DISTRIBUTION COMPANY LIMITED will always be considered as the only valid control.
(6) Disagreement over the quality control: In case of disagreement over the quality control, the Vendor shall open a dispute procedure. He shall provide DUMOTA DISTRIBUTION COMPANY LIMITED with the proofs that the object was working and had the quality necessary to be sold when he provided DUMOTA DISTRIBUTION COMPANY LIMITED with the object.
The dispute case must be opened while the Vendor is in the presence of the DUMOTA DISTRIBUTION COMPANY LIMITED staff. DUMOTA DISTRIBUTION COMPANY LIMITED will remain the last arbiter in case of return related dispute
(7) Reimbursement of objects sent back and penalties: If at the end of the return process, DUMOTA DISTRIBUTION COMPANY LIMITED considers that the final customer shall be reimbursed, DUMOTA DISTRIBUTION COMPANY LIMITED reimburses the customer and sends an invoice to the Vendor if necessary.
A reimbursement between the Vendor and DUMOTA DISTRIBUTION COMPANY LIMITED shall take place in the following cases:
If the product is defective and the Vendor is considered as responsible for this default. In that case, if DUMOTA DISTRIBUTION COMPANY LIMITED has not paid the Vendor yet, the Vendor will not be paid for the product. If on the contrary, DUMOTA DISTRIBUTION COMPANY LIMITED has already paid the Vendor, an invoice is sent to the Vendor. He will have to reimburse the full price of the object and the fees for the return of the object.
If the product is sent back by the Customer and is in state to be sold again and the Vendor wants to remain the owner of the object:
If DUMOTA DISTRIBUTION COMPANY LIMITED has not paid the Vendor, the Vendor won’t pay for the object
If on the contrary DUMOTA DISTRIBUTION COMPANY LIMITED has already paid the Vendor, an invoice is sent to the Vendor so that he reimburses DUMOTA DISTRIBUTION COMPANY LIMITED.
(8) Modification of return conditions: DUMOTA DISTRIBUTION COMPANY LIMITED reserves the right to modify its return policy at any time and shall immediately give the Vendor 14 days’ notice prior to implementing the New Return Policy. The Vendor will accept ALL changes in the return policy.
(9) Delay in return of the products to the Vendor: If for any reason, a product is required to be sent back to the Vendor, DUMOTA DISTRIBUTION COMPANY LIMITED will retrieve the product from the customer and make it available for the vendor at a location of DUMOTA INTERNAT SERVICES NIGERIA LIMITED warehouse or delivery hub.
(10) Forfeiture of Ownership: If the vendor doesn’t collect the returned products within three (3) weeks following the notification by DUMOTA DISTRIBUTION COMPANY LIMITED of the availability of such items, DUMOTA DISTRIBUTION COMPANY LIMITED becomes the owner of the returned product.
VI. Liability
a. LIMITATION OF LIABILITY
(1) Quality and authenticity of the products provided by the Vendor: The Vendor indemnifies DUMOTA DISTRIBUTION COMPANY LIMITED from all claims arising in relation to matters outside DUMOTA DISTRIBUTION COMPANY LIMITED 's control, including but not limited to the quality of goods and services provided by the Vendor.
(2) Violation of law by the Vendor: The Vendor further indemnifies DUMOTA DISTRIBUTION COMPANY LIMITED from third parties' claims resulting from any violation of laws and regulations by the Vendor.
(3) Malfunctions of services: DUMOTA DISTRIBUTION COMPANY LIMITED cannot guarantee that its service will be free from all malfunctions, but will exercise all diligent and reasonable care and skill to resolve any such case.
(4) Collect of VAT: VAT liability for the product sold rests with the Vendor and DUMOTA DISTRIBUTION COMPANY LIMITED will not be responsible for any VAT issues that may arise. DUMOTA DISTRIBUTION COMPANY LIMITED will remit and declare applicable taxes, included VAT on the amount of the commission collected for its services
(5) Limitation of DUMOTA DISTRIBUTION COMPANY LIMITED’s service: DUMOTA DISTRIBUTION COMPANY LIMITED commits into exercising all the necessary care to provide its internet website to the Vendors. Except any written commitment, the service commercialized by DUMOTA DISTRIBUTION COMPANY LIMITED is limited to the broadcast of announces, subscription of options, and offer of logistics and marketing services.
(6) Commercial Results: DUMOTA DISTRIBUTION COMPANY LIMITED does not guarantee any commercial results to the Vendor concerning the products that he puts on DUMOTA DISTRIBUTION COMPANY LIMITED’s platform.
(7) Data recording: DUMOTA DISTRIBUTION COMPANY LIMITED will not be held responsible for the capture of data done by a third party.
(8) Sudden interruption of the service offered by DUMOTA DISTRIBUTION COMPANY LIMITED: DUMOTA DISTRIBUTION COMPANY LIMITED won’t be held responsible for the interruptions of its internet service, mobile application, mobile website, Android Application and all the loss of data or information stored by DUMOTA DISTRIBUTION COMPANY LIMITED which could result of it. The Vendor shall take every precaution to keep all the product page he publishes on DUMOTA DISTRIBUTION COMPANY LIMITED’s internet website.
(9) Prejudices of the Vendor: DUMOTA DISTRIBUTION COMPANY LIMITED will not be held responsible for any prejudice and direct or indirect damages of whatsoever nature done to the Vendor because of the use, interruption or dysfunction of DUMOTA DISTRIBUTION COMPANY LIMITED’s internet website, mobile website, Android Application or any other service provided by DUMOTA DISTRIBUTION COMPANY LIMITED.
(10) Limitation of the contractual obligations: DUMOTA DISTRIBUTION COMPANY LIMITED, its subcontractors and suppliers won’t be held as responsible for any delays or impossibility to fulfill their contractual obligations in case of:
· Their contractual obligations in case of: force majeure
· Interruption of the Internet website connection because of maintenance operations or refresh of information published;
· Momentary inability to have access to the internet website or mobile application because of a technical problem, whatever could be the cause of that problem.
· Hack or any other cause which would interrupt the access to the internet network
· Act of God, explosion, flood, tempest, fire or accident
· War or threat of war sabotage insurrection civil disturbance or requisition;
· Acts restrictions regulations bye-laws prohibitions or measures of any kind on the part of any governmental parliamentary or local authority; import or export regulations or embargoes;
· Interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Dumota or of a third party);
· Interruption of production or operation, difficulties in obtaining raw materials, labour, fuel parts or machinery;
· Power-failure or breakdown in machinery.
(11) Availability of DUMOTA DISTRIBUTION COMPANY LIMITED’s website: The Vendor acknowledges that because of the actual technical advancement of telecommunication operators, the permanent availability of dumota.com cannot be guaranteed.
(12) Accuracy of statistics provided by the Vendor: Because of the technical limitations and of the architecture of the website, all the statistics pro
