MERCHANT TERMS AND CONDITIONS
These Terms and Conditions will become effective on the date of forms and other documents submission and will form the basis of the agreement between Al-Mustaqeem Stores whose registered office address is situate at Opposite Alhaji Yahaya Sanni Memorial Central Mosque, Tanke Ilorin, Kwara State (“Al-Mustaqeem Stores”, “We”, “Us”, or “Our”) and the legal entity described in the Partnership agreement (“the Merchant”, “Company”, “Parties”).
These agreement sets out the terms on which Al-Mustaqeem Stores accepts you as a Partner and any other schedules, procedural policies rules, guides and notices we may issue from time to time will form the agreement (the “Agreement”).
- a) Al-Mustaqeem hereby appoints the Partner, on a non-exclusive basis, to market, sell and support the products and services offered by Al-Mustaqeem Stores to persons and entities that are not already customers of Al-Mustaqeem Stores or who have not been a customer of Al-Mustaqeem Stores or are not actively being marketed to by Al-Mustaqeem Stores or any other partner (“Prospects”). The Partner shall (for the duration of the Agreement) be entitled to refer to itself as an “Authorized Seller” in the performance of Services.
- b) The Agreement shall commence the following day after the submission of the form and the Partner will continue to provide the Services for a period of one year. After which the Agreement shall be subject to a renewal or termination in accordance with clause 8 below by giving one month’s prior written notice before the end of that period.
- c) Within the period of partnership, the Parties shall cooperate in good faith to create a long list of new and existing customers as potential users of the Al-Mustaqeem Stores Products.
- d) The Seller agrees to compensate Al-Mustaqeem for the services rendered as listed in clause 2 below.
2. Delivery of Services
a) Al-Mustaqeem will use reasonable diligence in rendering the Services offered to the Merchant, which include the following:
- Easy access to an Online market space;
- Access to a dedicated account officer and other account management services;
- Merchant Services Helpline Number (Mon –Sat; 08:00 – 19:00)
- E-marketing and other marketing services as available and appropriate.
- Fast delivery of the product(s) to the buyer.
b) Al-Mustaqeem may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Merchant or Company will be duly informed before provision of the said services.
c) Al-Mustaqeem reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.
d) The Partner grants the right to Al-Mustaqeem Stores to publish its name as a partner in promotional material including on its website and to issue a press release regarding the signing of the Agreement.
3. Obligations of the Merchant/Company
a) The Partner shall use reasonable diligence in providing Al-Mustaqeem with genuine and accurate products and services information such as (i)Product name; (ii)Product picture (clear and with preferably white background); (iii)Price tag; (iv)Genuine Descriptions of the product; (v)Sizes available (for some products); (vi)Colour available (for some products).
b) The Partner shall at all times supply the products with all care and diligence acting in good faith and in accordance with any partner policies published by Al-Mustaqeem Stores from time to time and shall perform the Services with at least the same vigour as it promotes and markets its own.
c) The Partner shall notify Al-Mustaqeem Stores of any change in the ownership or control of its business.
d) The Partner’s role is as an Introducer only. Accordingly, the Partner will not:
- hold itself out in any way as having authority to bind or commit Al-Mustaqeem Stores to any obligation or liability of any kind whatsoever; or
- enter into a Merchant Agreement with any Merchant and it shall be at Al-Mustaqeem stores’ sole discretion whether or not it enters into a Merchant Agreement with any Prospect.
- represent itself as Al-Mustaqeem’s agent for any purpose or give any condition or warranty Al-Mustaqeem Stores’ behalf; or
- make any statements or promises with reference to Al-Mustaqeem Stores’ Products or business beyond those contained in the promotional materials that Al-Mustaqeem Stores supplies to the Partner, or otherwise incur any liability on Al-Mustaqeem Stores’
e) The Partner acknowledges that all copyrights, trademarks, logos, trade names, database rights and other intellectual property rights, whether registered or unregistered, related to Al-Mustaqeem Stores are owned by Al-Mustaqeem and that the Partner shall obtain no rights whatsoever in respect of such intellectual property rights. The Partner shall not use any of these materials that Mustaqeem Stores discloses to the Partner in connection with providing the Services for any other purpose.
f) The Partner acknowledges that all information provided in the online partner application form is correct and that if it is not, Al-Mustaqeem Stores shall be entitled to terminate the Agreement immediately in accordance with paragraph 5 below. The Partner shall notify Al-Mustaqeem Stores of any change in its circumstances which might affect the terms of the Agreement.
4. Payment and Compensation
a) Al-Mustaqeem will remit payments for sales generated for the Merchant on its platform less the agreed commission as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.
b) For all of the Services provided by Al-Mustaqeem under this Agreement, the Merchant shall compensate Al-Mustaqeem, with commissions (check clause 4.a below) or other payments agreed in advance between both parties, or detailed elsewhere on the Al-Mustaqeemstores.com website.
c) Category Commission Structure:
- Food and Drinks (7% of the product)
- Islamic and Arabic Books (7% of the product)
- Clothes and Caps (7% of the product)
- Bags and Shoes (7% of the product)
- Perfumes and Jewelries (7% of the product)
- Home and Kitchen Utensils (5% of the product)
- Phones and Electronics (5% of the product)
d) Al-Mustaqeem will from time to time review the category commission structure and will notify the Merchant of any changes by communicating directly to Merchant, or publishing same on Al-Mustaqeem Stores website not less than ten (10) days before any variation in commission rate or charging structure takes place.
5. Independent Contractor
a) Al-Mustaqeem shall be deemed as an independent contractor.
b) Al-Mustaqeem will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement.
c) Al-Mustaqeem is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Merchant.
The Merchant warrants that everything it gives Al-Mustaqeem to use in the delivery of the Services is legally owned or licensed to the Merchant and the Merchant agrees to indemnify and hold Al-Mustaqeem, and its employees harmless from any and all claims brought in the performance of the Services.
7. Termination and Eviction
a) Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
b) In any other case, either party may terminate this agreement by giving to the other party three (3) prior notices through Email.
c) Al-Mustaqeem Stores has the right to evict the Merchant from Almustaqeemstores.com if any, or combinations, of the following breaches are committed:
- Fails to make a product that has been sold on Almustaqeemstores.com available for delivery within three (3) business days after it was supposed to be available for delivery;
- Provides fake, inferior or substandard products that have been presented and sold as Halal and genuine;
- Provides used, refurbished or damaged products that have been sold as new or unused;
- Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the Halal, NCC, NAFDAC etc);
- Fails to meet the Quality of Service Standards as defined by Al-Mustaqeem (details on request);
- Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
- Engages in any activity that brings Al-Mustaqeem, or any of Al-Mustaqeem’s partners or vendors into disrepute.
Note: Al-Mustaqeem will send a formal warning to the Merchant after each incident and take any action it may deem necessary in the circumstance.
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if it is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED, however, that where an even of force majeure subsists for more than One (1) month, the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
Each and every dispute arising from or in connection with this Agreement shall be finally resolved in accordance with the provisions of the Arbitration and Conciliation Act of Nigeria by an arbitrator agreed on by the Parties and where they fail to agree, each party shall nominate an arbitrator and the two shall then nominate the third arbitrator who shall be the chairman. The arbitration shall be held in Kwara State and in the English Language. The ruling of the arbitrator shall be final and shall bind the Parties.
10. Governing Law
Shari’ah Law shall govern the validity, construction and performance of this Agreement.
11. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.
12. Alteration & Amendment
Al-Mustaqeem reserves the right to alter these terms and conditions at any point without notice, by updating the content of the agreement, PROVIDED that the Merchant shall be duly notified thereafter. Having registered as a seller or merchant on Al-Mustaqeem it is assume you have read and accepted the terms and conditions contained in this agreement.