At Buyiral, we are not just an e-commerce platform that stops at connecting Merchants and Buyers; we further serve as the delivery intermediary between Merchants and Buyers using our Services. We provide logistics services for all processed sales (that is, where a sale has been concluded between the Merchant and the Buyer and payments made) on our Platform. For the avoidance of doubt, the delivery of ALL products bought/sold on our Platform must be done through us. Buyiral Merchants are not allowed to deliver sold items directly to the Buyers.
This Delivery and Refunds Policy (“DRP”) applies to all Buyiral users, including anyone with whom we may contract for the collection, transportation, or delivery of your shipment. When you tender a shipment to us, you accept this DRP for you and anyone else with a legal interest in the shipment. No employee of Buyiral or anyone else has any authority to change any of the terms of this DRP or make any promises on our behalf.
All the terms in this DRP are incorporated into and form an integral part of the Buyiral 'Terms of Service.' Any breach of this DRP will be deemed a breach of the Terms of Service. You agree, undertake, and confirm that all the principles in this DRP shall strictly govern your use of Buyiral and that you agree to be bound by this DRP.
Buyiral may modify this DRP at any time, and without prior notice to you, by posting a revised version at xyz.com. By continuing to use the Services after a revised version of the DRP has been posted, you agree to comply with the latest version of the DRP. In the event of a conflict between the DRP and the Terms, this DRP will take precedence, but only to the extent required to resolve such conflict.
"WAY BILL" means any shipping document, manifest, label, stamp, electronic entry, or similar item used to tender shipments to Buyiral for transportation. Originals must be used (photocopies are not accepted).
“BUSINESS DAY” means Monday through Friday except for Saturdays, Sundays and the Public holidays declared by the Federal Republic of Nigeria.
“BUYIRAL,” “WE,” “OUR,” and “US,” refer to Buyiral and its officers, employees, and agents.
“COMMERCIAL DELIVERY” means any delivery that is not a residential delivery. “MERCHANT,” “SENDER” OR “SHIPPER” mean the person whose name is listed on the Waybill as the sender.
“SHIPPING FEES/CHARGES” means the charge paid for any goods /items transported in bulk via our various means of transportation.
"PAY BEFORE SHIPMENT" means shipping fees/charges must be made before a shipment can be delivered.
“PACKAGE” is any single parcel or piece to be delivered.
"PROOF OF DELIVERY" refers to electronically captured delivery information, including date, time, location, and signature information.
“RECIPIENT” or “BUYER” refers to the person whose name is printed on the Waybill as the Recipient or receiver of the item.
"REROUTE" is the process of making a delivery to an address different from that stated on the Waybill and includes a change:
"RESIDENTIAL DELIVERY" is a delivery made to a house or private residence, including locations where a business is operated from the house and/or delivery where the Shipper has designated the delivery address as residential.
“SHIPMENT” means one or more pieces, either packages or freight, moving on a single Waybill.
“STANDARD LIST RATES” are the rates determined by Buyiral and provided to the Senders/Shippers/Merchants.
"YOU" or "YOUR" mean the shipper/sender/merchant, Recipient and their agents, servants, employees, and any other person or entity having or claiming an interest in a shipment or the Recipient of the shipment.
"FAILED DELIVERY" means the receiver or Recipient is not available to take delivery of the shipment or pick up the shipment.
“REJECTED DELIVERY” means the Recipient refuses to accept the delivered item due to a default on the part of the Shipper, including but not limited to misrepresented, fake, faulty, damaged, and misdescribed goods.
All rates and charges are to be determined by Buyiral. The quote for delivery of an order is made available to the Buyer at the Buyiral Checkout Point. Buyiral shall not commence deliveries until all shipping payments and charges have been made. Payments and all charges are to be made in accordance with our Terms of Service.
When a Merchant/Shipper drops off a shipment, it must be appropriately packaged( i.e., Bubble wrapped, padded, adequately sealed); if not, the merchant/sender must pay for the materials suitable to package that particular shipment.
You warrant that all items dropped for delivery at Buyiral’s Delivery Points are not fake, faulty, damaged, or incomplete and that they do not have any defects and are fit for purpose. Where the goods are not-as-described, defective, fake, or damaged, Buyiral reserves the right to issue a "warning strike" to you in such a situation. You expressly understand and agree that, upon receiving three warning strikes, Buyiral shall impose a fine ("the fine"), as determined by Buyiral, as a penalty on you. Failure to pay such an imposed fine within 7 days shall result in a temporary suspension of your Account until the fine is paid. Buyiral reserves the right to terminate your Merchant Account permanently after a failure to pay the fine within 60 days after the temporary suspension.
You understand and agree that Buyiral reserves the right to refuse to accept the delivery of any item if, at our discretion and after inspection of the said item, such item is not fit for delivery for any reason as determinable by Buyiral. In such an instance, the Merchant shall replace such an item and bear the full costs of such replacements, including logistics.
You must fill out all waybills accurately; any wrong information provided shall be to your detriment.
You warrant that the item(s) in your package is correctly described, and any accompanying documents, acceptable for transport by us, are appropriately marked, addressed, and packed to ensure safe transportation with ordinary care in handling. Your neglect to use the appropriate packaging releases us from any liability which may occur during transit, and we assume no liability to you or any other person for any losses or expenses due to your non-compliance.
You understand and agree that we reserve the exclusive right to open all shipments and inspect the same without notice.
You warrant that all your deliveries will be made within the Nigerian territory, as we only provide logistics services in Nigeria.
You irrevocably agree to indemnify Buyiral for all costs whatsoever that Buyiral might incur if you fail to comply with this DRP specified herein.
We only accept the shipment of items legally permitted to be transported in Nigeria.
Buyiral reserves the right to refuse to accept and the delivery of any item if, at our discretion and after inspection of the said item, such item is not fit for delivery for any reason as determinable by Buyiral.
Buyiral reserves the right to refuse to reject the delivery of any item that falls under our “Restricted Items” List.
We reserve the exclusive right to amend, substitute, or change, without notice, the terms of this DRP, including but not limited to the shipping rates, insurance rates, and features of service.
We reserve the exclusive right to open all shipments and inspect the same without notice. For the avoidance of doubt, your Packages/ shipment may, at our option or the request of governmental authorities, be opened and inspected by us or such authorities at any time.
Buyiral reserves the right to withhold payment to a Merchant until Final Completion of Sale. Final Completion of Sale occurs after goods have been delivered to the Buyer, and no returns/requests for refunds are made within 7 days after such delivery.
Buyiral does not accept the delivery of the following items:
A Shipper who goes ahead to ship such material prohibited by law and us shall be liable to pay for any and all costs, fees, and expenses incurred as a result of the Shipper's violation of any statutes/laws or regulations or from tendering such forbidden packages for shipment.
Upon the delivery of the package to the specified address provided on the waybill, or in the event a package is picked up from a designated location provided by us, the Recipient if in person or his/her representative who is at least 18 years old must sign and show valid Identification particulars (if it's a pick up as opposed to delivery at the specified address).
If a Recipient's representative receives the item, he must fill out a form with his basic information. (e.g., Name, Age, Gender, Valid Phone number).
Upon request by the sender, the signature and information obtained from the recipient/Recipient representative when the Shipper's package was delivered shall be made available where necessary. This request must be made within 1 year of delivery. We have no liability in the event we are unable to make the same available after one year from the date of delivery.
The shipment of perishables shall only be made following this Perishables section of this DRP.
All Perishables must be accurately labelled and adequately packaged to survive various means of transit. Your neglect to use the appropriate packaging releases us from any liability which may occur during transit.
You are responsible for and warrant your compliance with all applicable laws, rules, and regulations, including but not limited to Customs laws; import, export, and re-export laws; and governmental regulations of any state of Nigeria, from, through, or over which your shipment may be carried.
You agree to furnish such information and complete and attach to this Waybill (Shipping Label) such documents as are necessary to comply with such laws, rules, and regulations. We assume no liability to you or any other person for any losses or expenses due to your failure to comply with this provision.
In the event that you do not complete all the documents required for carriage or if the information you submit is not appropriate for the services or destination requested, you hereby instruct us, where permitted by law, to complete, correct, or replace the documents for you. However, we are not obligated to do so.
If a substitute form of waybill is needed to complete delivery of your shipment and we complete that document, the terms of this Waybill (Shipping Label) will continue to govern. We are not liable to you or any other person for our actions on your behalf under this provision.
We shall manage returns and refunds of products by buyers and acceptance of returned products by sellers in accordance with this Returns and Refunds section of Buyiral DRP.
It must be noted that Buyiral reserves the right to withhold payment to a Merchant until Final Completion of Sale. Final Completion of Sale occurs after goods have been delivered to the Buyer, and no returns/requests for refunds are made within 7 days after such delivery.
The terms contained herein may be amended from time to time at Buyiral's discretion and without prior notice to you. All such changes/amendments shall be effective in respect of all purchases made from the date of publication of the change on our website.
Our Returns and Refunds Terms are as follows:
Buyiral will attempt a delivery to the customer once only.
If an item is to be retrieved from the Recipient for an exchange, Buyiral will only attempt such retrieval once.
If the Recipient fails to make himself available for delivery due to various reasons beyond Buyiral’s control, the shipment shall be returned to the Buyiral CENTRE, and the Recipient shall be automatically liable to pay the following costs:
1) The cost of returning the item to the Buyiral CENTRE
2) The cost of reattempting the delivery
3) Any special handling fees
If the Recipient refuses to accept or returns the delivered item due to a default on the part of the Shipper, including but not limited to misrepresented, fake, faulty, damaged, and misdescribed goods, such a delivery shall be classified as “Rejected Delivery."
When a “Rejected Delivery” occurs, the shipment shall be returned to the Buyiral CENTRE. At our sole discretion, the Recipient may either be issued a refund or get an exchange and re-delivery of the item.
Where, at our sole discretion, a Rejected Delivery is to be exchanged and re-delivered to the Recipient, the Shipper shall:
1. Be automatically liable to pay the following costs:
1) The cost of returning the item to the Buyiral CENTRE
2) The cost of returning the Rejected Item to the Shipper’s location for replacement/exchange.
3) The cost of reshipping the replaced package to the Recipient
4) Any special handling fees.
2. Be issued a 'Warning Strike' (Provided that upon incurring 3 Warning Strikes, Buyiral shall impose a fine ("the fine"), as determined by Buyiral, as a penalty on the defaulting Merchant. Failure to pay such an imposed fine within 7 days shall result in a temporary suspension of the Merchant's Account until the same is paid. Failure to pay the fine within 60 days from the temporary suspension will lead to a permanent termination of the Merchant’s Buyiral account.
If the Rejected Item is of such a nature that a replacement is not possible for any reasons, as determinable by Buyiral, Buyiral shall, on behalf of the Merchant, issue a Refund of the total amount paid by the Buyer, and the Shipper shall:
1) The cost of the Rejected Delivery
2) The cost of returning the Rejected Item to the Buyiral CENTRE
3) The cost of returning the Rejected Item to the Shipper’s location.
4) Any special handling fees
5) Any other costs as determined by Buyiral
3. Be issued a 'Warning Strike' Provided that upon incurring 3 Warning Strikes, Buyiral shall impose a fine ("the fine"), as determined by Buyiral, as a penalty on the defaulting Merchant. Failure to pay such an imposed fine within 7 days shall result in a temporary suspension of the Merchant's Account until the fine is paid. Failure to pay the fine within 60 days from the temporary suspension will lead to a permanent termination of the Merchant’s Buyiral account.
For the avoidance of doubt, where a Refund applies to a Rejected Delivery, the Merchant/Shipper shall be wholly liable for the cost of Refunds to the Buyer, other costs as stated herein, and to a 'Warning Strike.'
i. All requests for Returns/Refunds must be made within 7 days after the delivery.
ii. Upon receiving a Rejected Delivery, the Merchant shall have 7 days to exchange/replace the Rejected Item.
Acceptance of returns shall be at our discretion, subject to compliance with applicable laws of the territory. The following items are ineligible for Returns:
i. Products damaged due to misuse by the Recipient
ii. Products that have been altered from their original state or opened by unauthorized personnel without permission
iii. Products with tampered or missing serial Universal Product Code (UPC) numbers.
iv. Any other products as determinable by Buyiral
In a situation where a Reroute, as defined by Section 2 of this DRP, arises, the cost of the Reroute shall be borne by the party that requested, caused, or led to the reroute. For the avoidance of doubt, where Buyiral reroutes an item during delivery, the party at whose behest or as a result of whose default the reroute arose shall bear the liability for the cost incurred from the reroute.
a. terrorist activity,
b. strikes,
c. labour actions,
d. Acts of God (like earthquakes, cyclones, storms, floods, etc.),
e. ‘force majeure’ (like plane crash or embargo),
f. Import/export clearance delays;
g. Any defect or characteristic to do with the nature of the shipment, even if known to us when we accepted it;
h. Any action or omission by anyone outside Buyiral, for example, the sender of the shipment, the Recipient, an interested third party, Customs or government officials, or other carriers or third parties with whom we contract to deliver to destinations that we do not serve directly.
i. and any other uncontrollable circumstances.
Where a shipment is lost, wrongly delivered, damaged, or delayed because of such circumstances beyond our control, Buyiral shall bear no liability whatsoever to the Merchant.
a. your breach of this DRP or our Terms of Service and any other documents it incorporates by reference (including the AUP);
b. your violation of any law or the rights of a third party;
c. any aspect of the transaction between you and your customer, including but not limited to fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
i. consequential or special damages or loss;
ii. other indirect loss;
iii. breach of other contracts.
Consequential damage or loss includes but is not limited to loss of income, profit, interest, markets, and use of contents.
We make no warranties, express or implied.
For the purpose of all deliveries carried out by Buyiral under the provisions of this DRP and our Terms of Service, the following are the locations of Buyiral CENTRES in Nigeria:
All information you provide will be used to fulfill the product or service you requested. Providing this information is voluntary; if not provided, we may not process your transaction.
We will not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required by law (“Limited Circumstances”). These Limited Circumstances include:
Additionally, please review our overall Privacy Policy that applies to everyone whose information we process.
Any dispute, controversy, or claim arising out of or in connection with or in relation to this Agreement, including any dispute as to the construction, validity, interpretation, enforceability, or breach of this Agreement that ensues between you and Buyiral shall be resolved in accordance with the “Disputes” section of our Terms of Service (Section 17).
If you have any questions about this DRP, please contact us through any of the details provided below:
Email: buyiralhq@buyiral.com
Telephone No: +2348109274556
Buyiral
No. 9 Katsina Estate, Karsana, Abuja.
Nigeria.