Terms and Conditions

1. About Our Business

afoomart.com is an e-commerce marketplace and online retail business that provides products and related services through its online Platform across Nigeria.

2. Eligibility

You must be legally capable of entering into a binding agreement to use our Platform and purchase products from us.

If you are under the legal age of majority in your jurisdiction (under 18 years in Nigeria), you may only access or transact on the Platform with the active involvement, supervision, and prior express consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3. User Accounts & Security

Some features of the Platform may require you to create an account. When registering and maintaining your account, you agree to:

• Accurate Details: Provide authentic, accurate, current, and complete information during registration and checkout.
• Confidentiality: Safeguard and keep your login passwords, OTPs, and authentication credentials strictly confidential.
• Security Alerts: Notify us promptly at info@afoomart.com or via +2348181269701 if you believe or suspect your account has been unauthorizedly accessed or compromised.
• Account Responsibility: Accept full responsibility for all activities, orders, and interactions conducted through your account credentials.

4. Products and Product Information

We make reasonable efforts to ensure that product descriptions, high-resolution images, prices, technical specifications, and availability displayed across the Platform are as accurate and up-to-date as possible.

However, please note the following:

• Colour Variations: Actual product colours, textures, and finishes may appear slightly different depending on the display settings, calibration, and screen technology of your viewing device.
• Stock Availability: Product availability is subject to rapid marketplace turnover and may change without prior notice.
• Corrections: We reserve the right to correct typographical errors, pricing inaccuracies, or omissions at any time without liability.
• No Perpetual Guarantee: We do not guarantee that every displayed product will always be in stock or immediately available for dispatch.

If an order is placed for a product that is subsequently discovered to be unavailable or out of stock, we may cancel the affected order, notify you immediately, and provide an appropriate prompt refund in accordance with these Terms.

5. Prices and Payments

All prices displayed on the Platform are stated in Nigerian Naira (₦ / NGN), inclusive of applicable taxes unless expressly stated otherwise at checkout.

Prices may change at any time, but price updates will not affect orders that have already been confirmed and accepted by us, except in the rare instance of an obvious and unmistakable pricing error.

Accepted Payment Methods

We provide secure, multi-channel payment solutions including:

• Debit & Credit Cards: Mastercard, Visa, and Verve cards processed through certified, PCI-DSS compliant Nigerian payment gateways.
• Direct Bank Transfers: Dedicated virtual account numbers and direct bank transfers.
• Mobile & Digital Payment Services: USSD codes, QR payments, and authorized digital wallet services.
• Cash on Delivery (COD): Available for designated product categories and eligible regional shipping locations.
• Other Payment Options: Any additional payment channels displayed securely on the checkout page.

By selecting a payment method, you warrant that you are authorized to use the chosen account or card, and you grant us and our licensed payment partners full authority to process the applicable total transaction amount.

6. Orders and Contract Formation

Placing an order on the Platform constitutes a legal offer by you to purchase the selected products under these Terms.

After placing an order, you will receive an automated order confirmation via email or SMS. This confirmation acknowledges receipt of your request but does not signify final acceptance of your order. A binding sales contract is formed only when we confirm acceptance, issue dispatch confirmation, or physically hand over the parcel to our logistics network.

Order Refusal or Cancellation Rights

We reserve the right to decline, cancel, or limit any order or purchase quantity where:

• A product becomes unavailable or fails mandatory quality inspection prior to packaging.
• An error is identified in the published product details, specifications, or pricing.
• Our automated fraud detection systems flag potential security, authorization, or identity risks.
• The order violates these Terms or our acceptable use guidelines.
• Our designated couriers are unable to safely or reliably deliver to the specified address.

7. Delivery & Logistics

We deliver products to physical addresses and designated pickup hubs specified across Nigeria on the Platform or agreed mutually with the customer during checkout.

Estimated delivery timelines provided at checkout or via tracking communications are estimates intended for general guidance. Deliveries may be affected by factors beyond our reasonable control, including adverse weather conditions, interstate transport bottlenecks, public holidays, civil strikes, checkpoints, or unforeseen logistical emergencies.

Customer Address Accuracy: You are strictly responsible for providing an accurate, complete delivery address and accessible telephone number. If a parcel cannot be delivered because incorrect or incomplete details were submitted, or because you (or your designated receiver) are repeatedly unavailable to receive the package, additional return or redelivery fees may apply.

Our comprehensive returns, refunds, and exchange policy forms an integral part of these Terms.

Conditions for Return Acceptance

To qualify for an authorized return, products must:

• Be in their original, unused, unwashed, and undamaged condition with all security tags intact.
• Include all original packaging, user manuals, warranty certificates, accessories, and promotional gifts.
• Be accompanied by valid proof of purchase (such as an order receipt, invoice, or delivery note).

Refund Processing Timeline

Approved refunds will be processed back to the customer's original bank account or payment method within 5–10 business days following our physical receipt and technical quality inspection of the returned item.

Non-Returnable Items

Certain categories of goods are strictly excluded from returns and exchanges for health, hygiene, and safety reasons. These exclusions include:

• Personalized, bespoke, or custom-tailored merchandise.
• Perishable items (including foodstuffs and fresh groceries).
• Hygienic and intimate products (such as underwear, swimwear, earrings, and opened cosmetics).
• Items explicitly designated as final sale or clearance.

Nothing contained within this clause restricts or diminishes mandatory statutory consumer rights provided under the Federal Competition and Consumer Protection Act (FCCPA) or other applicable Nigerian consumer legislation.

9. Damaged or Incorrect Products

We take pride in packaging and handling your orders with utmost care. If, however, you receive an item that is damaged in transit, defective, or different from what you ordered:

To assist us in resolving your claim expeditiously, we will request photographs, unboxing videos, parcel packaging labels, order numbers, and any other pertinent documentation necessary to investigate the courier or vendor handling.

Where investigation confirms that the item was damaged, defective, or incorrect upon delivery, we will, at our discretion and in compliance with Nigerian law, offer you a prompt replacement, product repair, item exchange, full refund, or other mutually agreeable statutory remedy.

10. Promotions and Discounts

From time to time, Afoomart may offer promotional discounts, voucher codes, seasonal sales, cashback offers, loyalty benefits, or coupons.

All promotions are governed by their specific rules, which may include:

• Strict expiration dates and limited promotional windows.
• Minimum order spend requirements before discounts apply.
• Product or brand exclusions (e.g. wholesale, bulk, or official store items).
• Maximum usage limits per account or per household.

Unless explicitly indicated otherwise, promotional vouchers cannot be combined with other offers, cannot be applied retroactively to previously completed orders, and hold no independent cash value. Afoomart reserves the right to modify, cancel, or suspend any promotion where fraudulent activity is suspected or where permitted by law.

11. Intellectual Property

All content and proprietary materials displayed on the Platform—including but not limited to corporate logos, trademarks, brand identity, product images, curated photographs, text descriptions, graphics, site designs, software code, videos, and UI elements—are the exclusive property of afoomart.com and Malheight Limited, or are utilized under valid commercial license from manufacturers, distributors, and partners.

You are granted a limited, personal, non-transferable, and revocable license to access the Platform solely for personal shopping. You may not copy, reproduce, scrape, harvest, modify, distribute, publish, reverse-engineer, sell, or commercially exploit any content or software from our Platform without prior formal written consent from Malheight Limited.

12. User-Generated Content

Where our Platform allows users to post product reviews, star ratings, feedback comments, customer photographs, or interactive forum questions, you agree and warrant that:

• Your submitted content is truthful, accurate, and compliant with all applicable laws.
• Your submissions do not infringe upon any third party’s intellectual property, privacy, or publicity rights.
• The content is not defamatory, obscene, harassing, fraudulent, racially discriminatory, threatening, or otherwise offensive.
• You possess all necessary legal rights and clearances to submit and publish the material.

By submitting any content to the Platform, you grant afoomart.com a perpetual, non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, adapt, publish, translate, display, and distribute that content across our marketing channels, social media, and customer service platforms. We reserve the right to remove or moderate any user content that violates these Terms without prior notice.

13. Prohibited Activities

You agree to use our Platform strictly for lawful, legitimate e-commerce purposes. You must not:

14. Privacy and Data Protection (NDPA Compliant)

Your personal information and digital security are managed with rigorous diligence. We collect, store, and process your personal data (including your name, email address, physical delivery address, and telephone number) in strict compliance with the Nigeria Data Protection Act 2023 (NDPA) and guidelines established by the Nigeria Data Protection Commission (NDPC).

Your data is utilized strictly for lawful purposes—primarily to authenticate accounts, process transactions, coordinate courier fulfillment, handle returns, prevent fraudulent activities, and improve your marketplace shopping experience. For detailed disclosures regarding your data rights, please consult our full Privacy Policy.

15. Third-Party Services and External Links

Our Platform integrates with and provides links to reputable third-party services—including payment gateways, logistics partners, SMS verification APIs, analytics tools, and social media networks.

While we select our partners carefully, we do not control and are not responsible for the independent practices, privacy terms, content, security protocols, or availability of external third-party sites. Your interactions with third-party providers are governed strictly by their respective terms of service and privacy agreements.

16. Service Disclaimer

To the maximum extent permitted by applicable Nigerian law, our Platform, services, content, and products are provided on an “as is” and “as available” basis.

We exercise all reasonable efforts to ensure reliable, secure, uninterrupted, and error-free operation of the marketplace. However, we do not warrant that Platform access will never experience temporary interruptions, technical downtime, server maintenance, latency, or external connectivity errors beyond our reasonable control.

17. Limitation of Liability

To the maximum extent permissible under applicable law, afoomart.com, Malheight Limited, and its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, exemplary, or consequential losses or damages—including loss of profits, loss of anticipated savings, loss of business data, or loss of goodwill—arising out of or in connection with your access to, use of, or inability to use our Platform or products.

Nothing contained within these Terms seeks to exclude or limit liability where such limitation is prohibited by Nigerian law, including statutory consumer guarantees, personal injury resulting from proven negligence, or fraudulent misrepresentation.

18. Governing Laws and Dispute Resolution

These Terms and Conditions, your relationship with us, and all transactions concluded on the Platform shall be construed, interpreted, and governed in accordance with the laws of the Federal Republic of Nigeria.

Dispute Resolution Procedure

1. Amicable Negotiation: Any disagreement, controversy, or dispute arising out of or relating to these Terms or orders shall first be submitted in writing to our legal desk at info@afoomart.com for good-faith, friendly negotiation for a period of not less than thirty (30) days.
2. Mediation: If the dispute cannot be amicably resolved through direct negotiation, the parties agree to submit the matter to formal mediation under the rules of an accredited mediation center in Nigeria.
3. Judicial Jurisdiction: Where mediation fails to achieve resolution, the dispute shall be finally submitted to and settled under the jurisdiction of competent courts of law within the Federal Republic of Nigeria.

19. Changes to Terms

We may update, revise, or amend these Terms and Conditions periodically to reflect evolving business practices, technological improvements, market conditions, or statutory legal requirements.

The updated version will be published on this page with a revised “Effective Date”. For material modifications, we may also provide prominent notifications on our homepage or via registered email.

Your continued access to or use of the Platform following the posting of amended Terms constitutes your full acceptance of and agreement to the revised Terms and Conditions.