Terms and Conditions -

GENERAL MARKETPLACE TERMS AND CONDITIONS FOR BUYERS AND SELLERS

Introduction

Luma Online Store is a Multifaceted e-commerce marketplace with three distinct business models: Luma Organic Food, Luma Fashion Store and Luma Logistics Services. with a great a website and mobile application, as well as supporting IT logistics and payment infrastructure, for the sale and purchase of consumer goods and services within its designated territory.

These general terms and conditions apply to both buyers and sellers on the marketplace and govern your use of the marketplace and related services.

By using our marketplace, you agree to these general terms and conditions in their entirety. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.

If you use our marketplace as part of a business or other organizational project, you:

You agree that, unless the context requires otherwise, you will refer to both the individual user and the relevant person, company, or legal entity in these general terms and conditions.
Bind both yourself and the person (company) or other legal entity that operates that business or organizational project to these general terms and conditions.
confirm that you have obtained the necessary authority to agree to these general terms and conditions; and

Registrations of Accounts

By signing up on our marketplace, you agree to be bound by these general terms and conditions.

If you create an account on our marketplace, you will be asked to provide an email address/user ID and a password, and you agree to:

If you become aware of any disclosure of your password, notify us immediately in writing using our contact information.
You are liable for any activity on our marketplace that occurs as a result of your failure to keep your password confidential, and you may be held liable for any losses that occur as a result of such a failure.
Your account shall be used solely by you, and you shall not transfer your account to any third party. Any third party you authorize to manage your account on your behalf does so at your own risk.
Keep your password private.
If we cancel any products or services you have paid for but have not yet received and you have not violated these general terms and conditions, we will refund you in respect of the same.
Notwithstanding, if you edit your account details, your account may be postponed or forced to cancel at any time, at our sole discretion and without prior notice or justification.
Please get in touch with us if you want to close your account on our marketplace.

In exchanges and refunds

Refunds for returned goods must follow the guidelines on the marketplace’s refunds page, which may be updated periodically. We reserve the right to apply our refund policies under the territory’s applicable legislation. If we decide to, we may grant refunds:

Concerning the purchase price
International or local shipping costs
Using coupons for shop credit, money transfers through mobile device, bank transfers, or other means that we may designate from time to time.

Luma, acting on behalf of the vendor, shall receive returned goods and offer refunds. Luma will only provide reimbursements for delivery failures for fresh food and digital goods or services. The terms and conditions of sale set forth by the vendor must be followed if payment for such products needs to be refunded for any other reason.

Any changes to our refunds or returns policy will take effect for all purchases made after the change is published on our website.

Payments

These basic terms and conditions require you to make payments in accordance with the marketplace’s Payments Information and Guidelines.

Store Credit Terms & Conditions, as they may be updated from time to time, govern how store credits may be earned and used. In its sole discretion, Luma maintains the right to revoke or cancel Luma store credit incentives for any reason, including when we suspect fraud or wrongdoing.

Promotions

The Promotions Terms and Conditions must be followed when managing promotions and competitions that are run by Luma and/or other promoters. The terms and conditions for each Promotion are available on our website.

Guidelines for your content

Your Content shall mean, as used in these General Terms and Conditions:

all works and materials (including, without limitation, text, graphics, images, audio, video, audio-visual, scripts, and files) that you submit to us or our marketplace for storage, publication, processing, or onward transmission.
all communications on the marketplace, such as reviews, feedback, and comments on products; and
all works and materials (including, without limitation, text, graphics, images, audio, video, audio-visual, script

Your content must be accurate, comprehensive, and true for us to utilize it in compliance with our general terms and conditions.

Your content must adhere to generally accepted online etiquette and behaviour norms and be appropriate, civil, and tasteful. It may not:

be obscene, indecent, lewd, provocative, or sexually explicit;
show violence in a gratuitous or explicit manner; or
Deceptive, fraudulent, abusive, harassing, anti-social, menacing, hostile, discriminating, or provocative;
cause trouble, inconvenience, or needless worry to any person;
Be blasphemous or violate laws prohibiting racial or religious hatred or discrimination, considered as

Your content must not violate anybody’s legal rights, be illegal, or be capable of motivating legal action against anyone (in each case in any jurisdiction and under any applicable law). Your content must not violate or infringe upon:

any intellectual property right, copyright, moral right, database right, trademark right, or right to avoid dilution;
any privacy or data protection law right, including a right of confidence;
any debt owed to someone under a contract; or
any judicial order.

No material that would violate the rules of these general terms and conditions if it were placed on our marketplace may be linked to from any website or web page using our marketplace.

Any content that is currently or has ever been the subject of legal action, pending litigation, or another comparable complaint may not be submitted to our marketplace.

The marketplace’s review feature can be utilized to facilitate customer product reviews. You may not provide false, incorrect, or phony reviews via the review feature or any other form of contact.

You may not sabotage a transaction by:

contacting another user outside of the marketplace to buy or sell an item listed there; or contacting a user who is involved in an ongoing or completed transaction to warn them to stay away from a specific buyer, seller, or item; or contacting a user with the goal of collecting any outstanding money.

You agree to use caution and good judgment when communicating with others, as you realize that all users of the marketplace are solely responsible for interactions with other users. You must not send them any private information, such as credit card numbers.

We reserve the right to remove any information at our discretion for any reason after a periodic evaluation of it.

You can email us to let us know if you discover any illegal content or behavior on our marketplace or content, or activity that violates these general terms and conditions.

as specified in the section

Our rights to use your material:

You grant us a global, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, modify, publish, translate, and distribute your content on our marketplace and across all of our marketing channels, as well as in any current or future media.
You give us permission to sublicense the leased rights.
You give us permission to file a lawsuit for violation of the rights granted under section 9.1
You warrant and represent that any other moral rights in your material have been waived to the fullest extent permissible by relevant law, and you hereby waive all moral rights in your content to the fullest extent authorized by applicable law.
We may remove, unpublish, or alter any or all of your material if you violate our rules on content in any manner or if we have a good faith suspicion that you have violated our rules on content, without limiting our other rights under these general terms and conditions.

Utilization of mobile applications and websites

The terms “marketplace” and “website” are used interchangeably in this section 10 to refer to the websites and mobile applications of Luma Online Store.

You could

print pages from our website for your own personal and non-commercial use, provided that such printing is not repetitive or excessive;
view pages from our website in a web browser;
Download pages from our website for caching in a web browser;
Use our website’s media player to stream music and video files;
Utilize our marketplace services through a web browser while abiding by the other terms and conditions of these general terms and conditions
You are not authorized to download or store any content from our website to your computer unless specifically permitted under the requirements of these general terms and conditions.
You are only permitted to use our website for your own private and professional needs when it comes to offering or buying goods on the market.
You are not allowed to edit or otherwise change any of the content on our website, unless specifically permitted by these general terms and conditions.

Without having the necessary ownership or control over the material, you may not:

Republication of content from our website (even on a different website);
Material from this website may not be sold, rented, or sublicensed;
Any content from our website is shown in public;
Use information from our website for profit, or reproduce content from our website.

However, you are free to send anybody our newsletter, promotional materials, and links to items on our website in print and electronic form.

We retain the right to stop providing access to some parts of our website and/or certain website features. For instance, when doing server maintenance or website updates, we could restrict access to the website. Any access control measures on the website may not be avoided, bypassed, or attempted to be avoided.

Using our website in a manner that endangers its performance, availability, accessibility, integrity, or security; doing any other actions that might harm the site;
Use our website for any unethical, illegal, fraudulent, or harmful action; or in conjunction with any unlawful, illegal, or fraudulent goal;
Compromise our website in any other way; 14. probe scan or test its vulnerability without our consent; 15. evade any authentication or security systems or procedures on or pertaining to our website;
Copy, store, host, transmit, send, use, publish, or distribute any content from our website that contains (or is connected to) any spyware, computer virus, Trojan horse worm, keystroke logger, rootkit, or other harmful computer software;
Place an excessively high demand on the resources of our website (including bandwidth, storage, and processing capacity);
Without our consent, decrypt or interpret any messages made via or on our website;
Use our website other than through our public interfaces;
Access or otherwise interact with our website using any robot, spider, or other automated means except for the purpose of search engine indexing;
Violate the rules outlined in this policy by engaging in systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our website; and regulations of the selling

You Accept and Acknowledge that:

We will accept conditional sales on behalf of sellers, but Luma Online Store is not a party to the transaction between the seller and the buyer (unless Luma Online Store is identified as the seller);
A contract for the sale and purchase of a product or products will be in effect between the buyer and seller, and as a result, you commit to buying or selling the relevant product or products up to the terms stated in the contract.
The vendor’s terms of business shall control the sale and purchase agreement between the buyer and the seller, subject to these general terms and conditions. Despite this, the following clauses will be included in the sale and purchase agreement between the buyer and seller:
The cost of a product shall be as indicated in the appropriate product description; 5. The cost of a product must include all taxes and be in accordance with all current regulations; and
Delivery fees, packing fees, handling fees, administrative fees, insurance fees, and other ancillary expenses and charges, if any, shall only be charged
Distribution of digital items may be done online, and any applicable taxes are only payed by the customer if they are expressly and clearly specified in the product offering.
Items must adhere in all material aspects to the product listing and any other description of the products furnished or made accessible by the seller to the customer, and must be of satisfactory quality, suitable for any use described therein, and safe;
With regard to physical goods sold, the seller guarantees that they are free from third-party rights or restrictions, including with regard to third parties’ intellectual property rights and/or any criminal, insolvency, or tax investigation or proceedings. With regard to digital goods, the seller guarantees that they have good title to and are the sole legal and beneficial owner of the goods.

Trademarks and Copyright

In accordance with the specific clauses of these general terms and conditions:

Our website and the content on it are protected by all copyrights and other intellectual property rights, which we and our licensors jointly own and manage;
Our website and the content on it are protected by all applicable copyright and other intellectual property laws.
The logos for Luma Online Store and all of our other registered and unregistered trademarks are our property; we do not provide authorization for their use, and doing so could violate our rights. The third-party trade names and trademark protection, both registered and unregistered, that appear on our website are the property of their respective owners. Since we do not support or otherwise have any connection to the owners of any such rights, we are unable to grant any licenses for the exercise of those rights.

Access Control

The conditions of Luma’s confidentiality and cookie notice are accepted by customers, who consent towards the processing of their personal data in that manner.

According to the provisions of our Privacy and Cookie Notice and Privacy Notice, Luma will treat all personal data collected through the marketplace and associated services.

Any abuse of customers’ personal data by sellers will be directly the responsibility of the vendors, and Luma will have no obligation to buyers for any such misuse.

Rights to Diligence and Audits

We have a compliance mechanism in place to combat fraud and money laundering, and we reserve the right to conduct background checks on any user of the marketplace.

You consent to granting us access to your business premises and any information we may need in order to: 1. verify your compliance with and performance of your obligations under these terms and conditions; 2. make disclosures in accordance with a court order or other valid governmental order; or 3. as otherwise required by law or applicable regulation.

The function of Luma Online Store as a marketplace

You agree with that:

The relevant seller of the product (whether Luma is the seller or whether it is a third-party seller) shall always remain exclusively liable for the products they sell on the marketplace; and 1. Luma facilitates a marketplace for buyers and third party sellers or where Luma is the seller their a product.
The buyer should contact the appropriate seller of the goods if there is a problem following the acquisition of a product on the marketplace. We promise to make sure that Luma or third-party vendors, as appropriate, provide comprehensive, accurate, and current information about their items on the marketplace, and in accordance therewith:
The relevant seller guarantees and represents that the information about their items published on our marketplace is accurate and full. 5. The relevant seller guarantees and represents that the information on the marketplace is current.
If a customer is dissatisfied with the completeness or accuracy of the product information they obtained from a seller, including Luma, they may file a claim with the appropriate seller.

We do not guarantee or reflect that the marketplace will function without errors or that the marketplace or any customer care on the marketplace will continue to be accessible in the event of circumstances beyond Luma’s control, including but not restricted to: floods, periods of drought, natural disasters, or other natural disasters; hacking attacks from viruses, malware, or other malicious software; terrorist attacks; civil war; civil unrest or riots; war threat or preparation for war; or war.

You won’t be entitled to any remuneration or other payments if we cease publishing the marketplace or if we discontinue or change any of our marketplace services, including some or all of them. We retain the right to do so at any time, for any reason, and without prior warning or justification. This does not affect your legal options about any unfulfilled orders or other ongoing Luma Online Store responsibilities.

We shall give buyers and sellers a minimum of fifteen (15) days’ advance notice before discontinuing or changing any portion of our marketplace, including with clear instructions on how to proceed with any outstanding transactions or other Luma obligations. Regarding the usage of the marketplace, we do not provide any business outcomes guarantees.

We disclaim any representations and warranties about the subject matter of these general terms and conditions, our marketplace, and the use of our marketplace, to the fullest extent permissible by applicable law and subject to section 1.1 below.

Liability restrictions and exclusions

1.1 – These general terms and conditions do not: 1. restrict any obligations in any manner prohibited by relevant law; or 2. exclude other obligations or legal recourses prohibited by relevant laws.

1.2-Except where expressly stated otherwise in these general terms and conditions, the limitations and exclusions of liability outlined in this section and elsewhere in these general terms and conditions: 3. are subject to section 1.1; and 4. govern all obligations arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, tort (including negligence), and for breach of statutory duty.

1.3 – With regard to the free services we provide to you, we will not be held responsible for any losses or damages of any kind.

1.4 – Under these general terms and conditions, our total liability to you with regard to any contract for the provision of services to you shall not exceed the whole amount paid and payable to us under such contract. For the purposes of this clause, each distinct transaction on the marketplace must be considered a single contract.

1.5 – Despite section 1.4 above, we are not responsible for any loss or harm to you, including any of the following:

Any losses brought on by a website malfunction or interruption; any losses brought on by an event or events beyond our reasonable control;
Any losses resulting from business, including (without limitation) loss or damage to profits;
Loss or corruption of any data;
Loss or corruption of any database; loss or corruption of any software; or any special indirect or consequential loss or damage.

You acknowledge that we are a limited liability company and that we have an interest in limiting the personal liability of our officers and employees.

You also agree that you will not make any personal claims against our officers or employees for any losses you sustain in connection with the market or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees). Links to other websites owned and controlled by third parties are included on our marketplace, but they do not constitute recommendations.

We assume no responsibility for the contents of third-party websites over which we have no control.

Indemnification

By using our marketplace or by violating any of these general terms and conditions, the Luma codes, policies, or guidelines, you hereby indemnify us and agree to keep us indemnified against:

Any and all losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and resulting directly or indirectly from your use of our marketplace;

If you fail to pay, withhold, disclose, or register to pay any VAT or other tax that is legally owed in any country, you will be responsible for any VAT liability or other tax liability that we may incur in regard to any sale, supply, or purchase made through our marketplace.

Versatility in these General Terms and Conditions

If we allow account registration on our marketplace, such an account will be open eternally and be subject to our general terms and conditions.

If you violate these general terms and conditions or if we have reason to believe that you have violated any policies or rules outlined in the Luma Online Store codes, we may:

Temporarily restrict your access to our marketplace.
Permanently barred; blocked from being accessed by computers using your IP address; requested to be blocked from accessing our marketplace by any or all of your internet service providers;
Suspended or deleted from our marketplace; and/or legal action taken against you for contract violations or other offenses.

You may not take any action to get around a suspension, prohibition, or blockage when it relates to our marketplace or a specific area of it (including, without limitation, by creating and/or using a different account).

Complete Accord

All prior agreements between you and us in relation to your use of our marketplace will be superseded by these general terms and conditions, the Jumia codes rules and guidelines, and the seller terms and conditions, with the latter serving as the seller’s terms and conditions.

Hierarchy

In the event of a conflict between these general terms and conditions, seller terms and conditions, and the Luma codes policies and guidelines, these terms and conditions, seller terms and conditions, and the Luma codes policies and guidelines shall take precedence in the respective order.

Variation

These general terms and conditions, vendor terms and conditions, and Luma coding regulations and guidelines are all subject to periodic revision.

The updated general terms and conditions will take effect as of the day they are made public.

No Exception

No waiver of one breach of these general terms and conditions shall be deemed to constitute a further or continuing waiver of any other breach of that provision or any other breach of these general terms and conditions.

Severability

Any provision of these general terms and conditions that a court or other competent authority finds to be invalid or unenforceable shall not affect the validity of the other sections.

Any provision of these general terms and conditions that is unlawful and/or unenforceable but would be legal or enforceable if part of it were deleted shall be presumed to be deleted, and the remaining portion of the provision will remain in force.

Assignment

By accepting these general terms and conditions, you authorize us to assign, transfer, subcontract, and otherwise deal with our rights and/or obligations hereunder.

Any of your rights or duties under these general terms and conditions may not be assigned, transferred, subcontracted, or otherwise dealt with without our prior written agreement.

Right of Third Parties

A contract under these general terms and conditions is made for our and your advantage, and no third party is intended to gain from it or be able to enforce it.

The approval of any third party is not necessary for the exercise of the parties’ rights under a contract under these general terms and conditions.

Laws and Authorities

The laws of the territory shall control and be followed in construing these basic terms and conditions.

The courts of the territory shall have sole jurisdiction over any disputes arising out of or connected to these general terms and conditions.

Details and notices about our business

Utilize the information on our website to get in touch with us.

You can get in touch with our sellers for any after-sales questions, including any disputes, by asking Luma for their contact information; Luma is required to make sure the seller can be easily identified. You agree to receive notices from us electronically. All correspondence and information pertaining to your use of the marketplace may be provided to you electronically, either by posting to our website or application or by email sent to the email address associated with your account. All of these communications will be taken to be written notices that were sent to you legally and were duly received by you.