GoShop Online Market Platform

Fashion

Male Fashion

Female Fashion

Luggage & Travels Gear

Baby, Kids & Teens

Babies

Boys

Girls

Toys & Games

Unisex

Health & Beauty

Beauty

Health

Phones & Tablet

Phones

Mobile Accessories

Tablets

Computing

Accessories

Printers & Scanners

Desktops/Laptops & Display Devices

Electronics

Audio & Vision

Cameras

Gaming

Other Category

Groceries

Home & Office

Sporting Goods

Gaming

Electronic

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Male Fashion

Clothing
  1. Native Wears
  2. Jackets/Blazers
  3. Shirts/T-shirts
  4. Suits
  5. Trousers & Shorts
  6. More ›
Footwear
  1. Sport Shoes/Sneakers
  2. Casual Shoes
  3. Formal Shoes
  4. Sandals
  5. Flats/Slip-on
Accessories
  1. Wallets,
  2. Socks
  3. Belts
  4. Ties
  5. Caps
  6. More ›

Female Fashion

Footwear
  1. Sneakers/Sport Shoes
  2. Wedges/Heels
  3. Boots
  4. Flat & Casual Shoes
Accessories
  1. Handbags,Purses & Wallets
  2. Watches & Wearables
  3. Belts
  4. Hats & Caps
  5. Scarfs & Head gears
  6. More ›
Clothing
  1. Jackets/Blazers
  2. Dresses
  3. Sets
  4. Hoodies & Sweatshirts
  5. Tops
  6. More ›

Luggage & Travels Gear

All Kinds
  1. Backpacks
  2. Travel Accessories
  3. Umbrellas
  4. Briefcases
  5. Luggage

Babies

Baby Fashion
  1. Baby Dresses
  2. Native Wears
  3. Caps & Socks
  4. T-shirts & Tops
  5. Sweatshirts/Sweaters
  6. More ›
Baby Gear
  1. Walkers
  2. Cots
  3. Safety Seat
  4. Bouncers, Rockers & Swingers
  5. Nursery Funiture
Baby Care
  1. Diapers & Potty Training
  2. Feeding & Nursing
  3. Baby Health & Safety
  4. Bath & Skin Care
  5. Toddler Beddings

Boys

Boys Clothings
  1. Native Wears
  2. Sport Gear
  3. T-shirts/ Shirts
  4. Rompers & Body Suits
  5. Sleepwear & Inner-wear
  6. More ›
Boys Footwear
  1. Shoe
  2. School Shoes
  3. Sandals
  4. Slippers
  5. Slip ons
  6. More ›
Accessories
  1. Wallets
  2. Socks
  3. Belts & Suspenders
  4. Hat & Caps
  5. Eyewears
  6. More ›

Girls

Girls Clothing
  1. Native Wears
  2. Dresses
  3. T-shirts/Shirts/Tops
  4. Sweatshirts/Sweaters
  5. Rompers & Body Suits
  6. More ›
Girls Footwear
  1. Shoes
  2. Sandals
  3. Sneakers/Running Shoes
  4. Slippers
  5. School Shoes
Accessories
  1. Jewellry
  2. Socks
  3. Hair Accessories
  4. Bags & Purses
  5. Sunglasses
  6. More ›

Toys & Games

All Kinds
  1. Painting & Drawing
  2. Toy Craft Kits
  3. Science Toys
  4. Musical

Unisex

Fashion
  1. Clothing
  2. Footwear

Beauty

Makeup Products
  1. Eye Makeup
  2. Face Makeup
  3. Lip Makeup
  4. Accessories & Tools
Personal Care Appliances
  1. Shavers
  2. Hair Dryers
  3. Hair Straighteners
  4. Hair Stylers
  5. Grooming Kits
  6. More ›
Fragrances
  1. Mens
  2. Women
  3. Children
  4. Unisex
  5. All
Personal Care & Grooming
  1. Oral Care
  2. Mens Grooming
  3. Shaving & Hair Removal
  4. Skin Care
  5. Pedicure & Manicure
  6. More ›
Hair & Hair Products
  1. Hair & Scalp Treatments
  2. Styling Products
  3. Hair Accessories
  4. Hair Coloring
  5. Shampoo/Conditioner/Relaxers

Health

Medical Supplies & Monitoring Devices
  1. Monitoring Device
  2. Testing Equipments
  3. Scale
  4. Braces & Support
  5. Diabetic Care
  6. More ›
General Wellness
  1. Living Aids
  2. First Aids Kits
  3. Massager & Pain Relief
  4. Mobility Aids & Safety
Nutrition & Supplements
  1. Protein & Sports Nutrition
  2. Vitamins & Minerals
  3. Herbal
  4. Slimming Products
  5. Detox & Cleanses
Sexual Wellness
  1. Lubricants & Moisturizers
  2. Vibrators & Adults Toys
  3. Supplements
  4. Massage Oils

Phones

Android
Apple IOS
Blackberry
Windows
Symbian
Feature Phones
Land Lines & Intercom

Mobile Accessories

Batteries
Cables & Chargers
Car Mobile Chargers & Holders
Earphones & Headphones
Cases And Covers
Power Banks
Memory Cards
Mobile Spare Parts
Selfie Sticks
Wearables And Smartwatches
Screen Guards
Bluetooth Devices

Tablets

Android
Windows
Apple IOS
Tablets Accessories

Accessories

Mouse/Keyboards
IT Accessories
Headset & Speakers
Laptop Accessories
IT Bags / Pouch
Memory Cards
Flash Drives
External HDD
Internal HDD
External DVD
Blank Media
Softwares

Printers & Scanners

Photocopy Machines
POS Printers
Photo Printers
Laser Printers
Inkjet Printers
Dot Matrix Printers
Deskjet Printers
Scanners
Printer Accessories

Desktops/Laptops & Display Devices

Servers
PC Monitors
All in One
Towers
Video Walls
Projectors
Interactive Monitors
Signage Monitors
Notebooks
Netbooks

Audio & Vision

Compact Radio & Stereos
Home Theatre Systems
Speakers
Stereo System Components
Television
Headphones
Microphones
Car Vehicles Electronics

Cameras

Digital Cameras
Still Cameras
Camera Accessories
Motion Cameras
Lenses
CCTV Cameras

Gaming

Playstation 4
Playstation 3
Playstation Vita
Xbox One
Xbox 360
Nitendo Switch
Sony PSP
Nitendo 3DS
Accessories
Games

Groceries

Drinks & Beverages
  1. Wines, Beers & Spirits
  2. Soft Drinks
  3. Water
  4. Juices
  5. Tea, Coffee
  6. More ›
Food & Cooking Essentials
  1. Grains
  2. Pasta & Noodles
  3. Packaged & Canned Foods
  4. Jams, Jellies & Spreads
  5. Pet Foods
  6. More ›
Toiletries
  1. Soaps
  2. Deodorants
  3. Towels
  4. Hand Saniters
Laundry & Home Cleaning
  1. Detergents
  2. Cleaning agents
  3. Pest control
  4. Dish washing
  5. Air fresheners

Home & Office

Kitchen Appliances
  1. Cookers & Accessories
  2. Table Tops
  3. Cylinders
  4. Cooking appliances & Accessories
  5. Fridges & refrigerators
  6. More ›
Bathroom Essentials & Cleansing
  1. Vacuum Cleaners
  2. Washers & Dryers
  3. Pools, Hot tub & Supplies
  4. Water heaters
  5. Accessories
  6. More ›
Furniture
  1. Dining Furniture
  2. Office Furniture
  3. Bedroom Furniture
  4. Living Room Furniture
Home decor & Furnishing
  1. Lighting
  2. Mattress/Beddings
  3. Wall art & Panel
  4. Bedroom Furnishing
Cooling & Air Quality
  1. Split Units
  2. Fans
  3. Air Conditions
Others
  1. Art, Craft & Sewing
  2. Event & Party Supplies
  3. Tools
  4. Power & Generators
  5. Security & Safety
  6. More ›

Sporting Goods

Indoor Sports & Fitness
  1. Weight training & Home gym
  2. Indoor games
  3. Martial arts & Boxing supplies
  4. Cardio Equipment
  5. Yoga
Accessories
  1. Gym accessories
  2. Swimming and water sport accessories
  3. Workout video & Tapes
  4. Fitness accessories & Gear
  5. Gym bags
Outdoor/Recreational
  1. Camping gear & Equipment
  2. Fishing
  3. Skating boarding
  4. Team Sports
  5. Trampolines
 

Terms Of Service



 

             PARTIES HAVING FULL INTENTIONS TO BE BOUND LEGALLY TO THIS AGREEMENT HEREBY AGREE AS FOLLOWS:

 

DEFINITIONS:

For the purpose of this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.

⦁ “Company”’’ shall mean GoShop.ng.

⦁ “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Product(s) of the Vendor through the company.

⦁ “Effective Date” shall mean the date on which this Agreement is executed.

⦁ “GoShop.ng” shall mean an online platform owned and operated by the Company that facilitates the shopping transaction between the Vendor and the Customer.

⦁ “Online Store” shall mean a virtual electronic platform for shopping provided by the GoShop.ng online platform for sale of the Vendor’s Product(s) either through the web site of the Company or any other platform or instrument displaying the particulars of the Vendor’s Products available for sale; or any other means by which the Customer places an order for the Product of the Vendor.

⦁ “Order” shall mean any request for the purchase of a product(s) wherein a customer has agreed to the terms and conditions for such purchase and at the Price indicated on the productby the Vendor as at the time of making such request.

⦁ “Products” shall mean any merchandise item of the Vendor presented for sale on the Onlineplatform of the Company by the Vendor.

⦁ “Package” shall mean classification of company services to vendor

⦁ “Price”shall mean the cost of sale of a product includingitsdelivery/shipping charges and applicable taxes, if any.

⦁ “Proposal” shall mean a document that shows letter of intent and services to be rendered.

⦁ “Service” shall mean what the company renders.

⦁ “Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.

⦁ “Shipment Cost” shall mean the cost and taxes recovered by the Company from the Vendor per order for handling the logistics.

⦁ “Service charge” shall mean the margin per transaction charged by the Company to the Vendor at the rates agreed to between the parties, upon the sale of product on online store.

⦁ “Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Online platform of GoShop.ng.

⦁ “Verification Centre”shall mean company approved centre located in different parts of the country where its officers, verification officers work to ensure the quality of the goods being delivered by the vendor matches the order placed by the customer and passes the quality verification test.

 

 TERMS OF AGREEMENT:

 The Company shall offer to the Vendor its services for facilitating online sale of the Vendor’s product which shall include hosting and technology, customer support, payment services and other related services to ensure customer satisfaction on behalf of the Vendor. For this arrangement, the Vendor shall pay service charges as specified in this agreement to the Company for the sale being made through the Online Store created on the GoShop.ng Shopping website of the Company.

 The Vendor shall put up for sale its products on the said Online Store, subject to the terms and conditions hereinafter contained. The Vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms and Conditions of Use” of GoShop.ng shopping website along with this Agreement.

 

 Consideration and Payment Term:

1. The vendor’s online store shall be displayed on the GoShop.ng website during the subsistence of this Agreement.

2. The Company shall collect Payment on behalf of the Vendor in respect of the Orders received through Online Store. 

3. In consideration of the services rendered under the Package, the Company shall charge the Service charges to the Vendor at the rates specified by the Company in the Proposal. 

4. The Company shall pay the Vendor an amount recovered as selling price minus the cost of shipping charges, service charges and shipment cost in respect of approved order(s) through the Online Store. The shipment cost will be levied depending on the details of the specific delivery address vis a vis the transportation fare at the time of order.

5. Any amount to be paid to the Vendor by the Company shall be through a designated banking platform.

6. Where a buyer is dissatisfied with the order delivered and wishes that such dissatisfactory order be returned due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered”, such a buyer has the onus to prove his claim. In the situation where his claim is successfully proven, Vendor agrees to the following:

7. That the vendor shall bear the responsibility of offering a suitable replacement to the said product

8. That such a complaint must be made by the customer on or before five(5) working days from the day of delivery. 

9. That the vendor shall find a replacement or refund the said deposit on or before the expiration of two (2) working days from the day of being informed.

10. That the vendor shall ensure the customer is pacified and all necessary replacements or refunds are done on or before the expiration of four (4) working days from the day on which the vendor was informed of the complaints.

11. Further, Company shall debit the Service charges (up to a maximum limit of 30% of the total price of goods) to the Vendor in the event the              product cannot be delivered by the Vendor due to it being “outofstock” but not indicated so on the online store. In such a situation, the vendor        shall either refund the money deposited by the buyer on or before the expiration of five (5) working days. In such an event,the Vendor shall            be liable to bear all the cost and claims (including cost of legal proceedings, cost of attorneys, claims, etc.)against the Company as a result of        that transaction if any.

12. Payment reimbursement of the Sale Proceeds to Vendor shall be done by the Company in the following manner:

13. The Vendor shall prepare a consolidated advice list of all orders delivered to the customer every Friday of the week.

14. The Company shall within 7 working days of receipt of advice, process the total sum due to the Vendor and the necessary payments.

15. The Company shall deduct any defaulting charges accrued to the Vendor’s account first. The amount leftover after this deduction shall make         up the vendor’s due payment.

16. Vendor agrees to bear all the applicable tax duties, or other similar payments (including VAT) arising out of the sales made through the online        store.

17. GoShop.ng. shall not be responsible to collect, report, or remit any tax arising from any transaction

 

 OBLIGATIONS OF THE VENDOR:

1. On the creation of Online Store of Vendor, the Vendor shall through the interface provided by the Company upload the product description,            images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through their online          store catalogue on the GoShop.ng platform.

2. Vendor shall provide full, correct, accurate and true description of the product on their online store.

3. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale            through their online store.

4. Vendor shall at all times remain up to date on the status of orders made on his Online store and respond appropriately.

5. On receipt of the approved order, Vendor shall deliver such goods to the nearest verification centre for dispatch or if the product cannot be            conveyed to the centre, the vendor shall apply for verification officer to inspect the product and certify it fit or delivery. 

6. This inspection shall be done on or before the expiration of two (2) days after the order has been made. 

7. The vendor shall bear all the cost of transportation of the Verification Officer to and from the inspection.

8. The inspection must be conducted in a public and commercial venue or directly at the warehouse or factory of the product.

9. The inspection shall be conducted within the hours of 8am and 5pm.

10. In respect of the orders for Products placed through the Online Store, the Vendor shall submit proof of successful inspection and subsequent       dispatch to the satisfaction of Company within 72 hours of the request made by Company.

11. In the event that the products are not accepted by the Customer due to any wrong / damaged products dispatched, the same shall be                   replaced by the Vendor at no extra cost to the aggrieved customer under the span of 5 working days. If a common ground cannot be                     achieved and a refund of the deposit becomes necessary, the vendor shall concede to a refund.

12. Vendor hereby authorizes the Company to entertain all claims of return of Product in the mutual interest of the Vendor and the Customer.

13. The Vendor shall update the Order Status to the company including Airway Bill Number on a daily basis.

14. The Vendor shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure            that no material or literature is sent which may be detrimental to the business/commercial interests of the Company.

15. The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online              Store and for which the Customer has placed the order.

16. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the        amount displayed on the online store to the customer and paid by/charged to the customer.

17. The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against public policy, banned,        unlawful, illegal or prohibited under the Nigerian laws.

18. The Vendor shall ensure that he owns all the legal rights in the Products that are offered for sale on the Online Store. The Vendor hereby              warrants that it has legal rights to trade in the goods or provide the services offered for sale on the Online Store.

19. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer.

20. Vendor shall be responsible for the settlement of and complaint that may be raised by the customer relating to the goods and services                    provided by the Vendor.

21. The Vendor shall at all times during the pendency of this agreement endeavor to protect and promote the interests of the Company and                ensure that third parties’ rights including intellectual property rights are not infringed.

22. The Vendor shall at all times be responsible for compliance with all applicable laws and regulations including but not limited to Intellectual              Property Rights and Tax laws.

23. Vendor agrees and undertakes not to upload any text, images, graphics (for description and display of product on the online store) that is              vulgar, obnoxious, inaccurate, false, incorrect, misleading, intimidating, against the public policy.

24. The product liability shall solely vest with the Vendor who shall be responsible to the customer for the sale of its Product including but not               limited to its delivery to the Customer. The Vendor shall not raise any claim on the Company in this regard.

 

Rights of the Company

⦁ Vendor agrees and acknowledges that the Company, at all times during the pendency of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of the GoShop.ng Website. In such an event, the Company reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.

⦁ Company reserves the right to provide and display appropriate disclaimers and terms of use on GoShop.ng portal.

⦁ At any time if the Company believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement or the Terms and conditions of use of GoShop.ng, the Company shall have the right to discontinue/terminate the said service(s) to Customer or the end user as the case may be, without any liability.

 

INDEMNITY

⦁ The Vendor hereby indemnifies the Company, its directors, officers, employees, representatives and agents from and against all losses, damages, claims, suits, legal proceedings and otherwise arising from or in connection with any claim including but not limited to claims for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable law. For the purpose of this clause, reference to the Company shall also include the Mobile Operators and such other agencies through which the Company shall make the Online Store available to the Customers.

⦁ The Company agrees to indemnify the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.

⦁ This article shall survive the termination or expiration of this Agreement.

 

Company not Liable

⦁ The Company has created the online store of the Vendor on GoShop.ng Shopping platform to enable Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the essence of this Contract.

⦁ The Vendor agrees and acknowledges that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the products being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations / intellectual property rights of any third party.

⦁ The Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, fitness for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.

⦁ Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.

⦁ The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product(s), hence the Company is not responsible or liable for the Product, its design, its functions and conditions; manufacturing, selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.

 

Term, Termination and effects of Termination

Term:

The Terms of this Agreement shall commence on the date of execution of the contract and shall continue for a period of 24 months unless terminated earlier.

The term of contract may be renewed at the expiration of the initial 24 months or for such further period as may be mutually agreed by the parties hereto in writing to this effect.

Termination:

⦁ This Agreement may be terminated by the Company in the event that:

⦁ A Vendor fails to make payment of the agreed amount, by giving 48 hours written notice.

⦁ Vendor commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not rectified within 4days after written notice is given by the Company.

⦁ A Petition for insolvency is filed against the Vendor.

⦁ The Vendor is in infringement of the third party rights including intellectual property rights.

⦁ This Agreement may be terminated by either party giving the other a 30 days written notice.

⦁ Whatever the grounds for termination is, the Vendor must ensure that any pre- existing or inconclusive transaction with any customer is concluded

 

Effects of Termination:

In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue display of the Products on the vendor’s Onlinestore with immediate effect.

The Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of termination of this agreement. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement. This sub-clause shall survive the termination of this agreement.

 

 Arbitration

Any dispute arising out of, related to or connected with any provisionunder this Agreement shall first be subjected to a voluntary mediation or negotiation.

In the event that any of the parties involved refuse to subject to either means of alternative dispute resolution, a mandatory arbitration process shall be commenced. The dispute shall be referred to the arbitration of a single Arbitrator to be appointed jointly by the parties.

In the event that the Parties are unable to appoint a single Arbitrator, each party shall appoint its arbitrator

The Arbitration process shall be concluded within a 3-months duration from the first day of Arbitration. 

The Arbitration shall be conducted in Nigeria in accordance with the extant Arbitration and Conciliation Act for the time being in force.

The language of arbitration shall be English.

The Arbitration shall be held in AkwaIbom State, Nigeria.

The Award of the Arbitrator(s) shall be final and binding on the parties.

 

Jurisdiction and Governing law

The obligations, performance, interpretation and contents shall be governed by Nigerian law.

Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts in Akwa Ibom State. 

Notices

All notices and other communication under this Agreement shall be in writing and in English. It shall be either delivered by hand or sent by electronic mail or courier in each case to the addresses set out at the beginning of this Agreement.

 

Intellectual Property Rights

It is expressly agreed and clarified that, except as specifically agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material in relation to the products or Services shall be construed as giving any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.

Entire Agreement

This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior agreements, arrangements, representation and understandings (whether written or oral) between the Parties with respect to its subject matter.

Assignment

Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub contractible or conveyable by Vendor, either by operation of law or otherwise, without the express, prior, written consent of the Company.

Confidentiality:

Vendor agrees and undertakes to maintain the confidentiality of the information, the user/customer data disclosed, generated or made available to Vendor under this Agreement.

The said information shall not be used by the Vendor for any purpose other than for the performance of its obligations under this Agreement. 

Vendor agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Vendor agrees that the Company shall have the right to obtain an immediate injunction from any court of competent jurisdiction restraining breach of this Agreement and/or disclosure of the Confidential Information. Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

 

Limitation of liability:

Under no circumstances, except in case of breach of contract, will either party be liable to the other party for lost profits, or for any indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss of business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.

Relationship of Parties

Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor and Vendor shall not have any right, power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

Waiver and Amendment

No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.

 

Force Majeure

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without itsfault or negligence, but not limited to, natural disasters, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.














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Terms Of Service



 

             PARTIES HAVING FULL INTENTIONS TO BE BOUND LEGALLY TO THIS AGREEMENT HEREBY AGREE AS FOLLOWS:

 

DEFINITIONS:

For the purpose of this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.

⦁ “Company”’’ shall mean GoShop.ng.

⦁ “Customer” shall mean any individual, group of individuals, firm, company or any other entity placing an order for the Product(s) of the Vendor through the company.

⦁ “Effective Date” shall mean the date on which this Agreement is executed.

⦁ “GoShop.ng” shall mean an online platform owned and operated by the Company that facilitates the shopping transaction between the Vendor and the Customer.

⦁ “Online Store” shall mean a virtual electronic platform for shopping provided by the GoShop.ng online platform for sale of the Vendor’s Product(s) either through the web site of the Company or any other platform or instrument displaying the particulars of the Vendor’s Products available for sale; or any other means by which the Customer places an order for the Product of the Vendor.

⦁ “Order” shall mean any request for the purchase of a product(s) wherein a customer has agreed to the terms and conditions for such purchase and at the Price indicated on the productby the Vendor as at the time of making such request.

⦁ “Products” shall mean any merchandise item of the Vendor presented for sale on the Onlineplatform of the Company by the Vendor.

⦁ “Package” shall mean classification of company services to vendor

⦁ “Price”shall mean the cost of sale of a product includingitsdelivery/shipping charges and applicable taxes, if any.

⦁ “Proposal” shall mean a document that shows letter of intent and services to be rendered.

⦁ “Service” shall mean what the company renders.

⦁ “Shipping Charges” shall mean the logistics/courier/postal charges including all taxes incurred for delivering the product(s) to the Customer.

⦁ “Shipment Cost” shall mean the cost and taxes recovered by the Company from the Vendor per order for handling the logistics.

⦁ “Service charge” shall mean the margin per transaction charged by the Company to the Vendor at the rates agreed to between the parties, upon the sale of product on online store.

⦁ “Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which sells its products through the Online platform of GoShop.ng.

⦁ “Verification Centre”shall mean company approved centre located in different parts of the country where its officers, verification officers work to ensure the quality of the goods being delivered by the vendor matches the order placed by the customer and passes the quality verification test.

 

 TERMS OF AGREEMENT:

 The Company shall offer to the Vendor its services for facilitating online sale of the Vendor’s product which shall include hosting and technology, customer support, payment services and other related services to ensure customer satisfaction on behalf of the Vendor. For this arrangement, the Vendor shall pay service charges as specified in this agreement to the Company for the sale being made through the Online Store created on the GoShop.ng Shopping website of the Company.

 The Vendor shall put up for sale its products on the said Online Store, subject to the terms and conditions hereinafter contained. The Vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms and Conditions of Use” of GoShop.ng shopping website along with this Agreement.

 

 Consideration and Payment Term:

1. The vendor’s online store shall be displayed on the GoShop.ng website during the subsistence of this Agreement.

2. The Company shall collect Payment on behalf of the Vendor in respect of the Orders received through Online Store. 

3. In consideration of the services rendered under the Package, the Company shall charge the Service charges to the Vendor at the rates specified by the Company in the Proposal. 

4. The Company shall pay the Vendor an amount recovered as selling price minus the cost of shipping charges, service charges and shipment cost in respect of approved order(s) through the Online Store. The shipment cost will be levied depending on the details of the specific delivery address vis a vis the transportation fare at the time of order.

5. Any amount to be paid to the Vendor by the Company shall be through a designated banking platform.

6. Where a buyer is dissatisfied with the order delivered and wishes that such dissatisfactory order be returned due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered”, such a buyer has the onus to prove his claim. In the situation where his claim is successfully proven, Vendor agrees to the following:

7. That the vendor shall bear the responsibility of offering a suitable replacement to the said product

8. That such a complaint must be made by the customer on or before five(5) working days from the day of delivery. 

9. That the vendor shall find a replacement or refund the said deposit on or before the expiration of two (2) working days from the day of being informed.

10. That the vendor shall ensure the customer is pacified and all necessary replacements or refunds are done on or before the expiration of four (4) working days from the day on which the vendor was informed of the complaints.

11. Further, Company shall debit the Service charges (up to a maximum limit of 30% of the total price of goods) to the Vendor in the event the              product cannot be delivered by the Vendor due to it being “outofstock” but not indicated so on the online store. In such a situation, the vendor        shall either refund the money deposited by the buyer on or before the expiration of five (5) working days. In such an event,the Vendor shall            be liable to bear all the cost and claims (including cost of legal proceedings, cost of attorneys, claims, etc.)against the Company as a result of        that transaction if any.

12. Payment reimbursement of the Sale Proceeds to Vendor shall be done by the Company in the following manner:

13. The Vendor shall prepare a consolidated advice list of all orders delivered to the customer every Friday of the week.

14. The Company shall within 7 working days of receipt of advice, process the total sum due to the Vendor and the necessary payments.

15. The Company shall deduct any defaulting charges accrued to the Vendor’s account first. The amount leftover after this deduction shall make         up the vendor’s due payment.

16. Vendor agrees to bear all the applicable tax duties, or other similar payments (including VAT) arising out of the sales made through the online        store.

17. GoShop.ng. shall not be responsible to collect, report, or remit any tax arising from any transaction

 

 OBLIGATIONS OF THE VENDOR:

1. On the creation of Online Store of Vendor, the Vendor shall through the interface provided by the Company upload the product description,            images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale through their online          store catalogue on the GoShop.ng platform.

2. Vendor shall provide full, correct, accurate and true description of the product on their online store.

3. Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale            through their online store.

4. Vendor shall at all times remain up to date on the status of orders made on his Online store and respond appropriately.

5. On receipt of the approved order, Vendor shall deliver such goods to the nearest verification centre for dispatch or if the product cannot be            conveyed to the centre, the vendor shall apply for verification officer to inspect the product and certify it fit or delivery. 

6. This inspection shall be done on or before the expiration of two (2) days after the order has been made. 

7. The vendor shall bear all the cost of transportation of the Verification Officer to and from the inspection.

8. The inspection must be conducted in a public and commercial venue or directly at the warehouse or factory of the product.

9. The inspection shall be conducted within the hours of 8am and 5pm.

10. In respect of the orders for Products placed through the Online Store, the Vendor shall submit proof of successful inspection and subsequent       dispatch to the satisfaction of Company within 72 hours of the request made by Company.

11. In the event that the products are not accepted by the Customer due to any wrong / damaged products dispatched, the same shall be                   replaced by the Vendor at no extra cost to the aggrieved customer under the span of 5 working days. If a common ground cannot be                     achieved and a refund of the deposit becomes necessary, the vendor shall concede to a refund.

12. Vendor hereby authorizes the Company to entertain all claims of return of Product in the mutual interest of the Vendor and the Customer.

13. The Vendor shall update the Order Status to the company including Airway Bill Number on a daily basis.

14. The Vendor shall not send any of its promotional or any other information with the Products ordered by the customer and also shall ensure            that no material or literature is sent which may be detrimental to the business/commercial interests of the Company.

15. The Vendor shall dispatch the Products of same description, quality and quantity and price as are described and displayed on the Online              Store and for which the Customer has placed the order.

16. Vendor shall raise invoice in the name of Customer. Vendor further undertakes and agrees to raise the invoice of an amount equivalent to the        amount displayed on the online store to the customer and paid by/charged to the customer.

17. The Vendor shall not offer any Products for Sale on the Online Store, which are prohibited for sale, dangerous, against public policy, banned,        unlawful, illegal or prohibited under the Nigerian laws.

18. The Vendor shall ensure that he owns all the legal rights in the Products that are offered for sale on the Online Store. The Vendor hereby              warrants that it has legal rights to trade in the goods or provide the services offered for sale on the Online Store.

19. The Vendor shall pass on the legal title, rights and ownership in the Products sold to the Customer.

20. Vendor shall be responsible for the settlement of and complaint that may be raised by the customer relating to the goods and services                    provided by the Vendor.

21. The Vendor shall at all times during the pendency of this agreement endeavor to protect and promote the interests of the Company and                ensure that third parties’ rights including intellectual property rights are not infringed.

22. The Vendor shall at all times be responsible for compliance with all applicable laws and regulations including but not limited to Intellectual              Property Rights and Tax laws.

23. Vendor agrees and undertakes not to upload any text, images, graphics (for description and display of product on the online store) that is              vulgar, obnoxious, inaccurate, false, incorrect, misleading, intimidating, against the public policy.

24. The product liability shall solely vest with the Vendor who shall be responsible to the customer for the sale of its Product including but not               limited to its delivery to the Customer. The Vendor shall not raise any claim on the Company in this regard.

 

Rights of the Company

⦁ Vendor agrees and acknowledges that the Company, at all times during the pendency of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Vendor without any prior intimation to Vendor in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of the GoShop.ng Website. In such an event, the Company reserves the right to forthwith remove/close the online store of the Vendor without any prior intimation or liability to the Vendor.

⦁ Company reserves the right to provide and display appropriate disclaimers and terms of use on GoShop.ng portal.

⦁ At any time if the Company believes that the services are being utilized by the Vendor or its Customer in contravention of the terms and provisions of this Agreement or the Terms and conditions of use of GoShop.ng, the Company shall have the right to discontinue/terminate the said service(s) to Customer or the end user as the case may be, without any liability.

 

INDEMNITY

⦁ The Vendor hereby indemnifies the Company, its directors, officers, employees, representatives and agents from and against all losses, damages, claims, suits, legal proceedings and otherwise arising from or in connection with any claim including but not limited to claims for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Vendor’s product, the breach of any of the Vendor’s warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the Vendor infringing any applicable law. For the purpose of this clause, reference to the Company shall also include the Mobile Operators and such other agencies through which the Company shall make the Online Store available to the Customers.

⦁ The Company agrees to indemnify the Vendor in respect of all claims losses and expenses (including the cost of litigation if any) arising out of any breach or default part of the Company to perform its obligations under this Agreement.

⦁ This article shall survive the termination or expiration of this Agreement.

 

Company not Liable

⦁ The Company has created the online store of the Vendor on GoShop.ng Shopping platform to enable Vendor to offer the Vendor’s products for sale through the said Online Store. This representation is the essence of this Contract.

⦁ The Vendor agrees and acknowledges that the Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under this Agreement or as a result of the products being in any way damaged, defective, in unfit condition, infringing/ violating any laws / regulations / intellectual property rights of any third party.

⦁ The Vendor shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through its online store (including but not limited to quality, quantity, price, merchantability, fitness for a particular purpose, or any other related claim) and shall hold the Company harmless and indemnified against all such claims and damages.

⦁ Further the Company shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Vendor or any of its representatives.

⦁ The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that the Company is merely a facilitator for sale of the Vendor’s Product(s), hence the Company is not responsible or liable for the Product, its design, its functions and conditions; manufacturing, selling and financial obligations, warranties, guarantees whatsoever. The Company reserves its right to state appropriate Disclaimers on its website/ online store.

 

Term, Termination and effects of Termination

Term:

The Terms of this Agreement shall commence on the date of execution of the contract and shall continue for a period of 24 months unless terminated earlier.

The term of contract may be renewed at the expiration of the initial 24 months or for such further period as may be mutually agreed by the parties hereto in writing to this effect.

Termination:

⦁ This Agreement may be terminated by the Company in the event that:

⦁ A Vendor fails to make payment of the agreed amount, by giving 48 hours written notice.

⦁ Vendor commits a material breach of any representation, obligations, covenant, warranty or term of this agreement and the same is not rectified within 4days after written notice is given by the Company.

⦁ A Petition for insolvency is filed against the Vendor.

⦁ The Vendor is in infringement of the third party rights including intellectual property rights.

⦁ This Agreement may be terminated by either party giving the other a 30 days written notice.

⦁ Whatever the grounds for termination is, the Vendor must ensure that any pre- existing or inconclusive transaction with any customer is concluded

 

Effects of Termination:

In the event of termination/expiry of this Agreement, the Company shall remove the Links and shall discontinue display of the Products on the vendor’s Onlinestore with immediate effect.

The Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of termination of this agreement. During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement. This sub-clause shall survive the termination of this agreement.

 

 Arbitration

Any dispute arising out of, related to or connected with any provisionunder this Agreement shall first be subjected to a voluntary mediation or negotiation.

In the event that any of the parties involved refuse to subject to either means of alternative dispute resolution, a mandatory arbitration process shall be commenced. The dispute shall be referred to the arbitration of a single Arbitrator to be appointed jointly by the parties.

In the event that the Parties are unable to appoint a single Arbitrator, each party shall appoint its arbitrator

The Arbitration process shall be concluded within a 3-months duration from the first day of Arbitration. 

The Arbitration shall be conducted in Nigeria in accordance with the extant Arbitration and Conciliation Act for the time being in force.

The language of arbitration shall be English.

The Arbitration shall be held in AkwaIbom State, Nigeria.

The Award of the Arbitrator(s) shall be final and binding on the parties.

 

Jurisdiction and Governing law

The obligations, performance, interpretation and contents shall be governed by Nigerian law.

Subject to the provisions of negotiation and arbitration each Party irrevocably and unconditionally submits to the jurisdiction of Courts in Akwa Ibom State. 

Notices

All notices and other communication under this Agreement shall be in writing and in English. It shall be either delivered by hand or sent by electronic mail or courier in each case to the addresses set out at the beginning of this Agreement.

 

Intellectual Property Rights

It is expressly agreed and clarified that, except as specifically agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material in relation to the products or Services shall be construed as giving any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and / or logos.

Entire Agreement

This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior agreements, arrangements, representation and understandings (whether written or oral) between the Parties with respect to its subject matter.

Assignment

Neither this Agreement nor any part of it is assignable, transferable, sub-licensable, sub contractible or conveyable by Vendor, either by operation of law or otherwise, without the express, prior, written consent of the Company.

Confidentiality:

Vendor agrees and undertakes to maintain the confidentiality of the information, the user/customer data disclosed, generated or made available to Vendor under this Agreement.

The said information shall not be used by the Vendor for any purpose other than for the performance of its obligations under this Agreement. 

Vendor agrees that the unauthorized disclosure or use of such Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Vendor agrees that the Company shall have the right to obtain an immediate injunction from any court of competent jurisdiction restraining breach of this Agreement and/or disclosure of the Confidential Information. Company shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

 

Limitation of liability:

Under no circumstances, except in case of breach of contract, will either party be liable to the other party for lost profits, or for any indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss of business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.

Relationship of Parties

Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. The Company shall not be responsible for the acts or omissions of the Vendor and Vendor shall not have any right, power or authority to speak for, represent, bind or assume any obligation on behalf of the Company.

Waiver and Amendment

No waiver of any breach of any provision of this Agreement constitutes a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and will not be effective unless made in writing and signed by an authorized representative of the waiving Party.

Except as expressly set out in this Agreement, no amendment is binding on the Parties unless it is in writing and signed by a duly authorized representative of each of the Parties.

 

Force Majeure

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party’s reasonable control and without itsfault or negligence, but not limited to, natural disasters, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.











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