These terms and conditions create a contract between you and Jerepage (the “Agreement”). Please read this Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” or sign the Agreement. You must agree to this Agreement if you wish to consign Products through Jerepage.
Jerepage’s Conditions of Service located at: https://www.jerepage.com/terms, are also included in this Agreement and apply to your and Jerepage’s activities under this Agreement.
ONCE YOU AGREE TO THIS AGREEMENT, IT WILL REMAIN IN EFFECT UNTIL YOU OR JEREPAGE TERMINATE IT.
Jerepage markets and sells luxury designer and Non luxury items, jewelry, watches, gadgets, office and home goods and discounted Service Vouchers (Golden Ticket).
You would like Jerepage to sell the items and services that you have sent to us physically or in certain cases via electronic media or that we have collected from you or you have instructed us to sell (collectively, the “Product“) on a consignment basis. This means that you, not Jerepage, will still own the Product; even after you transfer physical possession of the Product to Jerepage. After Jerepage receives or picks up Product from you, Jerepage will send you an email in accordance with “Notices” at Section 19 below confirming the items of Product/instruction(s) received. Once the items have been evaluated, inspected, and authenticated by Jerepage authentication team, you will be able to log into your “My Sales” page on Jerepage site to view your items that have been accepted for consignment (the items are then “Accepted“) and the list price(s) assigned to those Accepted items. Please note that all prices will suggested by the Seller on the consignment request form but final determination will be at Jerepage’s sole discretion unless previously agreed in writing. The Accepted items will then be processed and listed as available for sale on the site and, at Jerepage’s sole discretion, may also concurrently be displayed and available for purchase at one of our third party retail outlet locations.
- (a) DELIVERY OF CONSIGNED PRODUCT TO JEREPAGE; RISK OF LOSS; INSURANCE
- Jerepage accepts the Product from you on a consignment basis only. You are responsible for all risk of loss or damage to the Product until Jerepage takes physical possession of it; however, if you use Jerepage’s approved, pre-paid shipping/dispatch label and approved method of shipment to ship your Product, Jerepage will assume the risk of loss or damage to the Product upon shipment. A “Shipment” means items of Product that are shipped/ dispatched together under one Jerepage approved, pre-paid shipping/dispatch label.
- If an item of Product is damaged, stolen, or lost while in Jerepage’s possession, it will be treated as Sold (defined in “Title to Product” at Section 7below) and Jerepage will pay you a Commission (defined in “Commissions and Payment” at Section 8 below) on that item. The Commission will be based on the damaged, stolen, or lost item’s estimated Net Selling Price (defined in “Commissions and Payment” at Section 8 below), which will be determined solely by Jerepage. This remedy shall constitute your sole remedy and entire recourse against Jerepage for Product that is damaged, stolen, or lost and is in lieu of any other remedy otherwise available as a matter of law or equity.
- For Large items, default option is for Buyer to pick up from advised location within Jerepage’s advised delivery period after which Buyer will be charged additional cost per day for pick up delay. Risk of loss/ damage shall pass to Buyer on expiration of SDT. Where goods are in your possession and Buyer is to pick up directly from you, you will be credited with Buyer’s payment for the additional cost of pick up delay.
(b) DELIVERY OF SOLD PRODUCT TO BUYER; RISK OF LOSS; INSURANCE:
Jerepage may in its sole discretion, grant You the right to hold Product until sale in which case guidelines and conditions will apply. You are responsible for all risk of loss or damage to the Product until:
- Jerepage takes physical possession of it for transfer to Buyer or Buyer picks up directly from you (Large items).
- You transfer directly to Buyer. This option is only available for items with free delivery. Jerepage will assume you have factored delivery cost in price.
- Under (i), the risk of loss passes to Jerepage at the point of physical transfer to Jerepage Agent, the Buyer or Jerepage nominated Delivery Partner.
- Under (ii) You hold the risk of loss or damage until delivery to Buyer.
- You agree that product transferred under this section, is exact same as described and photographed on Jerepage site and provided by you. Any liability incurred by breach of this section shall be borne by you.
- Where Jerepage grants discretion to Seller under this section to hold ANY product until sale, condition under subsection (a)(iii) above shall apply.
- PRODUCT ACCEPTANCE CONDITIONS
Upon receipt or viewing, Jerepage will evaluate each item of Product to determine, in its sole discretion, its authenticity, quality, and value. The item’s condition and provision of original purchase invoice and payment receipts will affect the valuation.
Jerepage only Accepts Product for consignment : (a) that Jerepage determines in its sole discretion to be in very good to excellent condition; (b) that Jerepage determines in its sole discretion to be authentic; and (d) for which the representations and warranties you make in the “Your Representations, Warranties, and Indemnification” section below are true.
Product that does not meet the above requirements will not be accepted and will be either (1) returned to you at your expense or (2) with your approval, confirmed in writing, Jerepage will donate your items to a charity of its choice (see “Unauthenticated Items” at Section 4 below and “Consignment Period and Return of Product” at Section 5 below for more information).
- UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS
You are responsible for ensuring the authenticity of all Product you provide to us. If Jerepage cannot confirm the authenticity of any item of Product you have provided, it shall have the right in its sole discretion to refuse to accept the item. If Jerepage determines at any time that an item of Product is counterfeit or stolen, Jerepage shall notify you that it has made such a determination and you will have an opportunity to provide proof of ownership/purchase/other proof of authenticity acceptable to Jerepage. YOU ACKNOWLEDGE AND AGREE THAT ANY ITEM JEREPAGE FINALLY DETERMINES TO BE COUNTERFEIT OR STOLEN WILL NOT BE RETURNED TO YOU AND WILL BE DESTROYED/HANDED TO INVESTIGATING /JUDICIAL AUTHOURITY.
YOU ACKNOWLEDGE AND UNDERSTAND THAT JEREPAGE IS SUBJECT TO LAWS AND REGULATIONS RELATING TO CLAIMS THAT CONSIGNED ITEMS ARE COUNTERFEIT, HAVE BEEN STOLEN, OR OTHERWISE VIOLATE APPLICABLE LAW. JEREPAGE TAKES SUCH REPORTS SERIOUSLY AND WILL COOPERATE WITH LAW ENFORCEMENT IN ALL INVESTIGATIONS.
- CONSIGNMENT PERIOD AND RETURN OF PRODUCT
- The “Consignment Period” for each item of Product begins on the date Jerepage accepts the item for consignment and ends 180 days thereafter, even if this Agreement has been terminated during that time by you or Jerepage. At any time during the Consignment Period, and subject to this provision, you may request in writing that Jerepage return the item (a “Return Request“), so long as the item has not already been Sold. Once Jerepage receives your Return Request, it will use commercially reasonable efforts to remove the item from Jerepage.com (the “Site“) and from any of our third party outlet store locations if applicable, before it is sold. It is your responsibility to ensure that Jerepage has your most current contact information and mailing address.
- For Goods
- If the Return Request is made 90 days or lessfrom the date Jerepage accepted the item of Product, Jerepage will return the item within 14 days. Jerepage will charge you the costs of return and, in such case, such costs shall be deducted from your pending Commissions. If you do not have enough pending Commissions available to cover the costs of return, Jerepage shall have no obligation to return the item to you unless and until you pay Jerepage the costs of return prior to shipment.
Additionally, Jerepage will charge you (i) base fee of N5,000 per every item, which fees reflect Jerepage’s up-front costs of storing, cataloging, and photographing the item in preparation for sale, plus (ii) applicable shipping costs. For large size items which may require significant storage space, Jerepage may charge up to N 10,000.Actual fee shall be communicated following return request
- If the Return Request is mademore than 90 days after Acceptance, the item will be returned within 21 days at Jerepage’s expense and no fees will be added.
- If a product remains unsold at the end of the Consignment Period, Jerepage will contact you and, AT YOUR OPTION AND JEREPAGE’S EXPENSE: (i) return the item to you or (ii)donate the item to a charity of Jerepage’s choice. Proof of donation shall be provided.
- If within 10 days following the end of the end of the Consignment Period Jerepage is unable after using commercially reasonable efforts to contact you at the email or physical address it has on file for you in accordance with the “Notices” at Section 19below, the item may be donated to a charity of Jerepage’s choice.
- For Service Vouchers (Golden Ticket)
- If the withdrawal Request is made 60 days or lessfrom the date Jerepage accepted the item, Jerepage will withdraw the service voucher (Golden Ticket) within 7 days of request. For Fixed Value Vouchers (Golden Ticket) which entitles Jerepage to standard commission rates as provided under section 8 below, Jerepage will charge you (i) Cancellation fee of N2,000 per voucher, which fees covers estimate cost of Jerepage’s up-front design and advert to promote sale and brand. Jerepage reserves the right to debit due amount from Seller’s available credit. Where there is no available credit, due amount shall be posted against seller’s account for future debit. Due debit shall be duly communicated.
- If the withdrawal Request is made more than 60 days after Acceptance, the item will be withdrawn within 7 days .No Cancellation fee will be applied.
- Annual payment option are non refundable. Seller will not be entitled to a refund irrespective of withdrawal period.
- EFFORTS TO SELL; PRICE
So long as you comply with this Agreement, Jerepage will display on the site and will make commercially reasonable efforts to sell the Product. You acknowledge and agree that:
- Jerepage in its sole discretion will determine the initial selling price for each item of Product (the “Initial Sale Price”) based on its evaluation of that item and backup documentation provided, together with its determination of the current market price for that item; Jerepage will however consider your requested sale price in its final determination.
- In order to market and promote the sale of each item, Jerepage may, with Seller’s approval which shall be obtained during the consignment process, apply up to 20% discount to the item, which will affect the item’s Initial Sale Price.
- Jerepage may offer additional discounts and promotions during the Consignment Period, with prior notice to you, as a means to efficiently market and sell the Product, If you do not approve, jerepage may, treat your refusal as an immediate return request and applicable terms as provided under clause 5 above shall thereto apply.
- For Service Vouchers (Golden Ticket), Sellers hereby agree to provide purchased services as described, on presentation of Jerepage golden ticket and shall take reasonable steps to establish and effectively manage Jerepage advised verification procedure (to be provide in the Service Procedure Guideline at business site to ensure prompt service and top quality customer experience. Where Seller fails to meet this condition, Jerepage may, provided the default is not caused by action/ inaction on its part, terminate Agreement with no liability, financial or otherwise. The key performance index shall be based on customer feedback and Jerepage process management rating.
- TITLE TO PRODUCT
You will continue to own and have title to each item of Product until that item is “Sold“. An item will be considered Sold when:
(a) it is sold by Jerepage to a customer and not returned to Jerepage within the period specified in Jerepage’s then-current Return Policy (see Jerepage returns policy); or
(b) it is lost, stolen, damaged, or destroyed while in Jerepage’s possession.
- COMMISSIONS AND PAYMENT
(a) “Commission Window” means (1) for the first Commission Window, the period that begins on the date your first item of Product is Sold and ends at the end of the month that is one year after such date and, (2) for subsequent Commission Windows, the one-year period that begins on the following day. For example, if your first item of Product sells on May 15, your first Commission Window begins on May 15 and ends on May 31 of the following year and each of your Commission Windows thereafter will begin on June 1 and continue until May 31 of the following year.
(b) “Net Selling Price” means the price at which an item of Product is Sold, less applicable discounts and promotions and excluding taxes and shipping. “Net Sales” means the total amount received by Jerepage from the Sale of all of your Product within a Commission Window, less applicable discounts and promotions and excluding taxes and shipping. For example, if you had three items of Product that Sold in a Commission Window whose Net Selling Prices were N50,000, N150,000, and N60,000, your Net Sales for that Commission Window will be N260,000.
(c) For new Sellers, a starting Commission Rate provided below shall apply within the first Commission Window:
(i) 85% will always apply for any item priced N100,000 and above
(ii) 80% will always apply for any item priced under N100,000,
Jerepage may also, from time to time in its sole discretion, (i) for promotional reasons and without notice, offer Special Commission Rates that apply only to specific item categories, are offered for a specific period of time, or that have other special conditions and (ii) make other changes to its Commission structure and the Commission Rates upon at least fourteen (14) days’ notice to you as described in “Amendments to This Agreement” at Section 13 below.
(d) Commission Rate Reset. After the end of the first Commission Window and after the end of each Commission Window thereafter, your starting Commission Rate for the next Commission Window will be set at the highest Commission Rate you achieved in the previous Commission Window (excluding Special Commission Rates). For example, if you reached Net Sales of N180,000 in your first Commission Window (15th May 2020 – 30th May 2021) and the then-current Commission Rate that applies to Net Sales of N100,000 is 85%, your starting Commission Rate for the next Commission Window will be 85%. If in Commission Window 2, you only reach Net Sales of N40, 000 and the then-current Commission Rate that applies to Net Sales of <N100,000 is 70%, your starting Commission Rate for Commission Window 3 will be reset to 70%.
(e) under (d) above latest Jerepage Rewards program (the “Commission Rates“) used to calculate the commission (the “Commission”) you receive for each sale value is found at https://www.jerepage.com/commission-
|Net Sales Commission window|
|Net Sales Value||Seller Commission Rate|
|100,000 and >||85%|
**Subject to change. Please follow link above for latest Net Sales commission rates
(e) Service Vouchers (Golden Ticket) – Jerepage service Rates:
Fixed Jerepage rates will automatically apply to % discounts which do not state fixed discount value. ( Rationale – Total value of discount cannot be predetermined at point of sale to enable application of standard commission rates)
E.g. Where ’5% discount will apply In – store purchases by customers who present Jerepage’s payment receipt and Golden ticket at customer’s store’
In this instance, Seller will need to have paid N2,000 per voucher in advance to Jerepage as service and advert fee prior to post on site or Seller can opt for a one time Annual fee to post associated # of vouchers at associated frequency. See rate table below.
|# of Vouchers (Golden Ticket)||Frequency of Post||Jerepage Rate (NGN)||Frequency of Payment|
|1||Per post||2,000||Per post|
Where discounted value is fixed e.g. customer pays N6,000 instead of N10,000 on presentation of Jerepage payment receipt and Golden Ticket, applicable Standard Seller Commission Rate 8 ( c ) or 8 ( d ) will apply unless Seller opts to pay Jerepage an annual fixed fee for fixed rate discounts.
(f) Calculation of Commissions. Jerepage will pay you a Commission on each item of Product that is Sold. The Commission shall be equal to the item’s Net Selling Price multiplied by the applicable Commission Rate. The Commissions you receive for Sales of your Product are the sole compensation you will receive under this Agreement.
(g) Payments. Jerepage typically begins processing Commission payments on the 15th day of every month for Sales that occurred during the previous month. For example, payments processed on April 15th would cover the sales period from March 1 through March 31. Payments will be made to you by bank transfer to registered bank account or, if you elect another payment method acceptable to Jerepage, by such payment method.
The timing of processing and delivering Commission payments will vary by the payment method you select but will typically take at least two business days.
(h) Disputes. If there is a dispute between you and Jerepage, Jerepage shall have no obligation to pay any Commissions or other amounts due to you, including without limitation, amounts unrelated to the dispute, unless and until the dispute is resolved. Jerepage may withhold any Commissions due to you (including any due for Sold items of Product not subject to the dispute) in full or partial satisfaction of any amounts you owe to Jerepage.
You and Jerepage may each terminate this Agreement in writing at any time, for any reason. Termination will be effective on the date of such notice and the costs listed under “Consignment Period and Return of Product” under Section 5 and exclusion of liability under EFFORTS TO SELL; PRICE section 6 (d), will apply.
- NO ASSIGNMENT RIGHTS
You may not assign this Agreement or any interest you have in it without Jerepages’s prior written consent. Any prohibited assignment is null and void.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF JEREPAGE’S SERVICES IS AT YOUR SOLE RISK. JEREPAGE’S CONSIGNMENT AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JEREPAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. JEREPAGE MAKES NO WARRANTY THAT (A) JEREPAGE’S SERVICES WILL MEET YOUR REQUIREMENTS OR (B) JEREPAGES’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM JEREPAGE OR THROUGH OR FROM THE SITE OR JEREPAGE’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
JEREPAGE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR FOR OTHER INTANGIBLE LOSSES (EVEN IF JEREPAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (A) THE USE OR THE INABILITY TO USE JEREPAGE’S SERVICES OR THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT; OR (D) ANY OTHER MATTER RELATING TO JEREPAGE’S SERVICES OR THIS AGREEMENT.
IN NO EVENT WILL JEREPAGE’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT IT HAS ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PRODUCT HEREUNDER.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF JEREPAGE’S BUSINESS, AND JEREPAGE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
PLEASE SEEK THE ADVICE OF APPROPRIATE PROFESSIONALS REGARDING THE TERMS OF THIS AGREEMENT AND THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- YOUR REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION
You hereby represent and warrant that (a) you have good and marketable title to each item of Product and have the right to consign and sell the Product; (b) none of the Product is subject to any liens or other encumbrances; (c) the Product does not include counterfeit goods; and (d) the Product does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual product or other proprietary right of any third party, any state or federal law, or any administrative regulation.
You hereby indemnify and hold Jerepage harmless from all damages, suits, litigation, awards, and costs, including but not limited to, reasonable attorneys’ fees and costs, incurred by Jerepage as a result of or arising in any way out of Jerepage’s display or sale of the Product, including but not limited to, civil or criminal suits over authenticity or ownership of Product, legality of sales, or copyright or trademark infringement. You expressly consent to jurisdiction of a federal or state court located in the State of Lagos Nigeria with respect to any matter arising under this Section 12.
This Agreement, or the breach thereof, and all claims of any kind relating to or arising out of this Agreement and the relationship between you and Jerepage, whether tort, contract, or statutory, shall be governed by the laws of New York, without regard to its conflicts of laws principles.
- AMENDMENTS TO THIS AGREEMENT
Jerepage may update or change any of the terms and conditions of this Agreement at any time in its sole discretion upon 14 days’ notice, including as set forth above in “Commissions and Payment” at Section 8 above, and by notifying you in accordance with “Notices” at Section 19, below.
Revised terms will not apply to Product already Accepted for consignment prior to the effective date of those revised terms.
You shall be bound by all revised terms on the effective date, including any changes to the Commissions or Commission Rates, unless you terminate this Agreement before the effective date of the revised terms. If you do not agree to any revised terms, your sole recourse is to terminate this Agreement in accordance with “Termination” at Section 9 above before the effective date of the revised terms.
- ENTIRE AGREEMENT
This Agreement sets forth the final, complete, and exclusive agreement between you and Jerepage regarding the subject matter hereof, and terminates and supersedes all prior understandings or agreements on such subject matter. Except as set forth in “Commissions and Payment” at Section 8 and “Amendments to this Agreement” at Section 13 above, this Agreement may be modified only by a writing signed by you and Jerepage.
- NO IMPLIED WAIVER
Any failure by you or Jerepage to enforce any provision of this Agreement shall not constitute a waiver of such provision or of any other provision of this Agreement.
If any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement shall remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement.
- SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provision of this Agreement, any provision of this Agreement that imposes or contemplates continuing obligations on you or Jerepage will survive the termination of this Agreement.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
If you have any questions or comments about this Agreement, the Site or Jerepage’s services or wish to terminate this Agreement, please contact Jerepage by email at firstname.lastname@example.org.
Jerepage shall provide all notices to you at the email address or physical address that you have provided to Jerepage. You are solely responsible for keeping that information current with Jerepage.
You hereby agree that all agreements, notices, disclosures, and other communications that Jerepage provides electronically to you satisfy any legal requirement that such communications be in writing.
- DISPUTE RESOLUTION
(a) Informal Dispute Resolution. Except for any controversy or claim relating to or arising from your representations, warranties, and indemnity obligations set forth in “Your Representations, Warranties and Indemnification” at Section 12 above, you and Jerepage agree that, with respect to any matters, disputes, or claims between you and Jerepage arising from or related to this Agreement or your relationship with Jerepage, you and Jerepage shall negotiate in good faith to informally resolve the problem or dispute. If the problem or dispute is not resolved satisfactorily within 60 days after you or Jerepage receives notice from the other party in accordance with “Notices” at Section 19 above, you or Jerepage can submit the dispute to binding arbitration in accordance with the arbitration provisions below.
(b) Arbitration. Except for any controversy or claim (i) relating to your obligation to indemnify Jerepage, set forth in “Your Representations, Warranties and Indemnification” at Section 12 above or (ii) properly filed and pursued in small claims court on an individual basis, any claim, dispute, or controversy between you and Jerepage arising from or relating to this Agreement or the relationships which result from this Agreement that remains unresolved after you and Jerepage attempt to resolve them informally shall be resolved by binding arbitration brought on an individual basis as a “Common Claim” before the National Arbitration Forum (NAF) pursuant to the Code of Procedure then in effect (or such other arbitration provider as is mutually agreeable to you and Jerepage) in a manner consistent with the terms in this Agreement. You and Jerepage shall submit all available documents that support all claims, counterclaims, or defenses at the time of submission of the initial claim or response thereto. Formal discovery will only be permitted upon a showing of good cause and subject to the arbitrator’s approval. In the event the arbitrator requires an in-person proceeding, you agree that such proceeding shall take place in Lagos State Nigeria You and Jerepage shall each pay our own arbitration and hearing fees, costs, and expenses, including but not limited, to fees, costs, and expenses for attorneys, experts, discovery, and witnesses (as applicable). The arbitration shall be conducted by a single arbitrator. The arbitration may be held by telephone or by written submissions if you and Jerepage so elect. The arbitrator shall issue a written award. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.. After an arbitration is commenced, if the initiating party (the “Claimant“) makes a written offer of settlement that is rejected by the other party (“Respondent“), and Claimant is the prevailing party in arbitration and recovers an amount equal to or greater than Claimant’s offer of settlement, Claimant shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and pursuing the claim in arbitration up to N500,000. After an arbitration is commenced, if Respondent makes a written offer of settlement that is rejected by Claimant, and Claimant either does not prevail in arbitration or does not recover more in the arbitration than Respondent’s offer of settlement (exclusive of attorneys’ fees or costs awarded to Claimant by the arbitrator), then Respondent shall recover his, her, or its reasonable attorneys’ fees and expenses incurred in investigating, preparing for, and defending the claim in arbitration up to N500,000. This agreement shall be governed by and interpreted under the relevant laws of the Federal Republic of Nigeria
(c) Exceptions. This agreement to arbitrate does not apply to claims filed on an individual basis in small claims court properly within that court’s jurisdiction and proceeding on an individual (non-class) basis. You and Jerepage expressly agree that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class-action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Jerepage. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement, if any portion of this “Exceptions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
(d) Voluntary and Knowing Waiver.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT IN ANY REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.
GUIDELINES AND CONDITIONS FOR DELIVERY OF PRODUCT BY SELLER DIRECTLY TO BUYER; RISK OF LOSS; INSURANCE:
- Sold Product must be dispatched within product delivery lead time as advised by Jerepage. Where Buyer picks up directly from Seller, onus is on the Buyer to pick up within Jerepage advised lead time. Please refer to section 2 (a) (iii) of Seller/ Jerepage Consignment Terms.
- Seller must use Jerepage provided shipping label to ensure dispatch to correct Shipping label will be provided to Seller on Order confirmation.
- The product transferred must be exact same as described and photographed on Jerepage site as provided by Seller. Any liability incurred by breach of this section shall be borne by Seller.
- Packaging guidelines: Seller must ensure that safe and secure packaging materials are used. Package must be presentable. Seller must take time to make a good and catching impression for their online store. Sellers will be rated by Buyers on this. Please note that Seller rating significantly impact sales and Seller credibility.
- Depending on your Sale volume, Jerepage may also provide you with promo cards to be included in your packages you are responsible for resulting liabilities from bad or unsafe packaging.
- You hold the risk of loss or damage until delivery to Buyer.
- Jerepage has the sole discretion of granting Seller right to hold until sale.
We need to add this to our process and have a template ready . Seller will just print and stick on the package before dispatcher picks. Dispatcher will compare details to this own to ensure he is picking correct item