Terms and Conditions for Merchants
3.0 Terms and conditions of selling on Mawu.1.0 You acknowledge and agree that:
1.1 The marketplace provides an online location for sellers to sell and buyers to purchase products;
1.2 we shall accept binding sales, on behalf of sellers, but Mawu Africa is not a party to the transaction between the seller and the buyer
1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the marketplace.
2.0. Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:
2.1. the price for a product will be as stated in the relevant product listing;
2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
2.3. delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
2.4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
2.5. the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
3.0. Mawu Africa's role as a marketplace. You acknowledge that:
3.1. we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;
3.2. we do not check, audit or monitor all information contained in listings;
3.3. we are not party to any contract for the sale or purchase of products advertised on the marketplace;
3.4. we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;
3.5. we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.
4.0 We do not warrant or represent:
4.1. the completeness or accuracy of the information published on our marketplace;
4.2. that the material on the marketplace is up to date;
4.3. that the marketplace will operate without fault; or
4.4. that the marketplace or any service on the marketplace will remain available.
5.0. We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.
6.0. We do not guarantee any commercial results concerning the use of the marketplace
7.0. To the maximum extent permitted by applicable law we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.