These General Terms and Conditions (hereinafter "Terms") apply in conjunction with the Vendor Terms, regarding the Buyers and the Vendors respectively. The Terms apply to all sales of Products made through the Service. The relationships between the Buyers and AWORANKA are governed by the Buyer Terms. The relationships between the Vendors and AWORANKA are governed by the General Terms and Conditions.
a. Notwithstanding that AWORANKA is responsible for delivering the Product to the Buyer and receiving payment from the Buyer for products purchased via the site, AWORANKA is not the vendor of products nor a representative or agent of the Vendor, whose name is indicated under this Agreement.
b. For the purpose of this Agreement, AWORANKA is responsible for advertising and facilitating the sale of the Vendor’s products via its online platform.
c. Accordingly, AWORANKA has no rights or interests over the artworks displayed on its site nor is a reseller of the products displayed.
1. CONCLUSION OF THE SALES CONTRACT BETWEEN THE BUYER AND THE VENDOR
- 1.1 The Artworks are presented on the site with a description enabling the Buyer to know their essential characteristics and price.
- 1.2 The Buyer selects the Artwork(s) he wishes to purchase.
- 1.3 He confirms his choice of Product(s) and acknowledges and accepts the Terms herein published on www.aworanka.com
- 1.4 He chooses his payment method and processes the transaction.
- 1.5 The Buyer receives an email confirmation that states that the order has been accepted. However, the sale shall be subject to the condition that the Product is available and the transfer has been received.
- 1.6 The Vendor is informed by AWORANKA when one of his Artwork is subject of an order.
- 1.7 The Vendor agrees to confirm the availability or unavailability of Product(s) ordered by the Buyer within 3 days of receipt of the information referred to in paragraph 3). In the event that the same product has been ordered by several Buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.
- 1.8 Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by AWORANKA to the Buyer to inform him.
- 1.9 The Vendor makes the artwork available to AWORANKA within 3 days. In the absence of confirmation of the availability of the Product(s) within the period referred to in point 7), or non-receipt of payment by AWORANKA within 5 business days from the date of order, the contract is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged. However, only the contract for the sale of unavailable Products falls within this resolution.
- 1.10 In the event of confirmation of the availability of the Product ordered by the Buyer and confirmation of receipt of payment by AWORANKA, the Products are verified and shipped by AWORANKA in the manner laid down in Article 4.
2. PRICE AND PAYMENT
- 2.1. The price of the Product will be determined by the Vendor in naira. However, AWORANKA is to include in the final purchase price, the costs of export and shipping and Value Added Tax (VAT) and other relevant taxes.
- 2.2. The buyer shall be responsible for the payment customs duties, local taxes or import duties and insurance were applicable. Payment of these duties and taxes and making returns to the relevant authorities or regulatory agencies shall be the responsibilities of the Buyer. The Buyer is responsible to check with the relevant authorities.
- 2.3. Payment of purchases made through the Service may be made by any payment method made available on the Site, to AWORANKA who collects the corresponding amount on behalf of the Vendor and for his account.
- 2.4. The Buyer will be charged the price for the Product purchased, export taxes, VAT plus delivery charges. In the event of unavailability of the Product, if the payment method allows, the Buyer will not be charged, and the payment will be cancelled. In the event that availability is confirmed by the Vendor, the Buyer shall be charged after a delay of 5 (five) business days from when he has confirmed his order. However, if the payment method does not permit charges/deductions to be made upon confirmation of the purchase, AWORANKA will refund the Buyer within 10 (ten) business days.
- 2.5. Payment for purchases made through the Service may also be made by bank transfer into AWORANKA's account. The transfer must be made within 5 (five) business days from the date of order.
3. SECURITY OF PAYMENTS
- 3.1. AWORANKA has chosen powerful and strict tools in terms of securing payment methods. AWORANKA has adopted payment methods using the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.
- 3.2. Although AWORANKA uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. AWORANKA cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.
4. SHIPPING METHODS AND FEES
- 4.1. The Artwork shall be delivered to the address provided by the Buyer during his order. In this case, provided that the Vendor has confirmed the availability of the Artwork and made it available to AWORANKA, who has also received the payment from the Buyer, AWORANKA shall manage the packaging and delivery of Artwork through a recognised art carrier who shall deliver same at the Buyer’s address for delivery.
- 4.2. Transportation costs will be accepted by the Buyer when confirming his shopping cart.
- 4.3. Depending on the Buyer's delivery address, different taxation rules and additional charges such as insurance, may apply. If the Buyer is shipping items from a Vendor outside of his territory, he may need to pay import duties upon receipt of the products. Neither AWORANKA nor the Vendors have any control over these charges and cannot predict their amount. The Buyer will be responsible for payment of any such import duties and taxes that are not included. The Buyer is free to contact his local customs office for further information before placing his order.
- 4.4. The Vendor agrees to make the Artwork ordered available to AWORANKA in 3 days after he has been informed of an order. The Vendor makes a firm commitment to make the Product available within the period specified. It is the sole responsibility of the Buyer to ensure that the address information he gives to AWORANKA for this purpose is and shall remain correct and that they will enable him to receive the Product that he bought on the Site.
- 4.5. AWORANKA will provide the Buyer with the number of the package and tracking ID. This would allow the Buyer to track the status of its order on the carrier's website.
- 4.6. The Buyer shall be responsible for all costs of delivery (including transportation and insurance) of the Artwork from AWORANKA to the final destination. The Buyer agrees to make an immediate written objection if the Artwork upon delivery is not in good condition or appear in anyway in need of repair.
5. RIGHT OF CANCELLATION
- 5.1. In accordance with the relevant legal provisions, in the context of a Buyer with citizenship within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), such Buyer has a period of 14 days from the receipt of the Product(s) he ordered to exercise his right of withdrawal, without having to justify his reasons or to pay a penalty.
- 5.2. For any purchase made by a Buyer who is not a member of the European Economic Area this right of withdrawal is not applicable.
- 5.3. Where the Buyer desires to exercise his right of withdrawal, the Buyer shall duly notify AWORANKA via a written notice to [email protected] The notice shall contain; the name and address of the Buyer, the title of the Artwork, the date the Artwork was delivered, and the delivery number. Upon receiving this notice, AWORANKA would notify the Vendor. AWORANKA and the Vendor shall be jointly responsible for managing the return of the artwork.
- 5.4. The Buyer shall bear the cost of returning the artwork purchased and AWORANKA shall reimburse the Buyer for the price of the artworks net the cost of delivery and export taxes.
- 5.5. AWORANKA shall make the refund to the Buyer upon receiving a notification from the Vendor that the artwork is in perfect condition and, and in its original packaging (or its equivalent).
6. PRODUCT DISPUTES
- 6.1. In this regard, any Buyer has the ability to report, by contacting AWORANKA, within 14 days from the receipt of any Artwork, any claim concerning the Artworks ordered, following the hereafter criteria:
- a. Product not received: the Product has not been received by the Buyer
- b. Non-compliant Product: the received Product does not correspond to the ordered Product
- c. Damaged Product: the received Product is damaged or broken.
- 6.2. In the case of a complaint from a Buyer regarding an Artwork, the Vendor and AWORANKA will be responsible of the resolution of the dispute with the Buyer. Vendor and AWORANKA will make all the efforts necessary to resolve the dispute with the Buyer amicably.
- 6.3. Depending on the case, the declared dispute will result either in the return of the Artwork and the reimbursement to the Buyer by AWORANKA, or only in the reimbursement, total or partial, of the Buyer.
- 6.4. Where the Artwork is to be returned by the Buyer, the will be responsible for returning the product within five (5) days of the decision being reached by AWORANKA. Upon returning the artwork, AWORANKA shall reimburse the Buyer with the price of the artwork(s) purchased and the shipping costs paid by the Buyer.
- 6.5. In the event that the subject matter of the dispute initiated by the Buyer borders on the quality and state of the artwork, the Vendor shall bear the shipping and export costs. However, if the nature of the dispute is as regards a damage which occurred during the shipping and exportation of the artwork(s), AWORANKA shall bear the liability for the shipping and export costs.
- 6.6. Where an Artwork(s) is returned by the Buyer as a result of a dispute initiated by the Buyer, the Vendor shall not be liable to pay the commission fee to AWORANKA for the sale of the artwork(s).
- 6.7. Should a dispute arise between all or any of the parties (AWORANKA, the Buyer, and the Vendor) concerning the interpretation of this Agreement and the parties fail to settle such difference or dispute amicably, within 30 days of AWORANKA being notified in line with this Agreement, then either party may apply to the Lagos State Multi Door Courthouse (LMDC) for mediation of the dispute. Any dispute, difference, disagreement arising between the parties thereto in connection with this Agreement which cannot be resolved between the parties by negotiations and mediations at the LMDC shall be referred by either party to a court of competent jurisdiction in Nigeria. Each party shall bear its respective cost of such mediation.
7. COPYRIGHT AND REPRODUCTIONS
- 7.1. The Artist reserves all reproduction rights, including the right to claim statutory copyright in the Artwork. The Artwork may not be photographed, sketched, painted or reproduced in any manner whatsoever without the express, written consent of the Artist. All approved reproductions shall bear the following copyright notice: by (Artist name), (Year___ ).
- 8.2. The Buyer's information and data relating to the delivery are transmitted by AWORANKA for the sole purpose of enabling them to ship the ordered Artworks.
9. PARTIAL NULLITY
If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.
10. APPLICABLE LAW
The entire Agreement shall be governed by Nigerian law. Any dispute concerning their interpretation and/or execution shall be relieved by the Nigerian courts.
11. FORCE MAJEURE
- 11.1. Either Party (AWORANKA, Vendor or the Buyer) shall not be responsible to the other for any delay, damage, or failure caused by or occasioned by a Force Majeure Event.
- 11.2. As used in this Agreement, “Force Majeure Event” shall mean: Any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, global health emergency or pandemic, civil war or hostile action, labour strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labour in the open market, acute and unusual labour, material, or equipment shortages, or any other causes (except financial) beyond the control of either Party.
- 11.3. Delays due to any of the above causes shall be considered as an excusable delay and shall not be deemed to be a breach of or failure to perform under this Agreement. Neither Party shall be required against its will to adjust any labour or other similar dispute except in accordance with applicable Law.
- 11.4. The Party experiencing the Force Majeure Event shall communicate in writing within thirty (30) days of the Event as to the nature and details of Force Majeure Event. Neither Party shall be entitled to any claim for compensation or damages as a result of the Force Majeure Event.