1.1 These Terms and Conditions (“Terms”) govern access to and use of the website, mobile application(s) and related services (collectively, the “Platform”) operated by GenesisOrb Limited, a company incorporated under the laws of the Federal Republic of Nigeria (“GenesisOrb”, “we”, “us” or “our”). The Platform is dedicated to the promotion, marketing and sale of Afrocentric products, and connects buyers with GenesisOrb's own product listings as well as third-party vendors operating on the Platform.
1.2 By accessing, browsing or placing an order on the Platform, you (“User”, “you” or “your”) agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you must not access or use the Platform.
1.3 We reserve the right to amend these Terms from time to time in accordance with Clause 17. Continued use of the Platform after any such amendment constitutes acceptance of the amended Terms.
3.1 To use certain features of the Platform, you must be at least eighteen (18) years of age and capable of forming a binding contract under the laws of Nigeria. Where you register on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
3.2 You agree to provide accurate, current and complete information during registration and to promptly update such information to keep it accurate. You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account.
3.3 GenesisOrb reserves the right to suspend or terminate any Account where information provided is false, misleading or incomplete, or where these Terms have been breached.
4.1 The Platform operates as a hybrid marketplace. Certain Products are sold directly by GenesisOrb, while other Products are listed and sold by independent Vendors pursuant to separate vendor agreements between GenesisOrb and each Vendor.
4.2 Where a Product is sold by a Vendor, GenesisOrb acts solely as an intermediary facilitating the transaction and, save as otherwise provided in these Terms, is not the seller of record. Vendors remain solely responsible for the accuracy of their product listings, the quality, safety, and lawfulness of the Products they supply, and compliance with applicable consumer protection and product standards legislation.
4.3 GenesisOrb reserves the right, at its sole discretion, to remove any listing, suspend any Vendor, or decline to process any order that it considers, in good faith, to be fraudulent, unlawful, or in breach of these Terms or GenesisOrb's vendor policies.
5.1 Product descriptions, images and pricing are provided for general guidance. While GenesisOrb and its Vendors take reasonable care to ensure listings are accurate, we do not warrant that all descriptions or other Content are error-free, complete, or current.
5.2 All prices are stated in Nigerian Naira (₦) unless otherwise indicated and are inclusive of applicable taxes unless stated otherwise. GenesisOrb reserves the right to correct pricing errors and to cancel any order placed on the basis of an erroneous price, with a full refund to the Buyer.
5.3 Availability of Products is not guaranteed until an order is confirmed. GenesisOrb and Vendors reserve the right to limit quantities and to discontinue any Product at any time.
6.1 By placing an order, you make an offer to purchase the relevant Product(s) subject to these Terms. An order is not accepted until GenesisOrb (or the relevant Vendor, as applicable) issues an order confirmation.
6.2 Payment must be made in full at checkout through the payment channels made available on the Platform. GenesisOrb uses third-party payment processors and does not store full card details. You warrant that any payment information you provide is accurate and that you are authorised to use the chosen payment method.
6.3 Where an order comprises Products from multiple Vendors, each Vendor's portion of the order shall, for logistics and fulfilment purposes, be treated as a separate transaction, consistent with the payout and commission arrangements set out in GenesisOrb's vendor agreements.
7.1 Estimated delivery timeframes are provided at checkout and are not guaranteed. Delivery is carried out by GenesisOrb's logistics partners or such other carriers as GenesisOrb may designate from time to time.
7.2 Risk in a Product passes to the Buyer upon delivery to the address provided at checkout. It is the Buyer's responsibility to ensure that the delivery address and contact information provided are accurate.
7.3 Delays caused by circumstances beyond GenesisOrb's reasonable control, including but not limited to logistics partner delays, adverse weather, or force majeure events, shall not constitute a breach of these Terms.
8.1 Return, exchange or refund requests must be submitted within three (3) days of delivery, through the Platform's designated return channel, except where a longer period is expressly stated on a specific product listing or is mandatorily required by applicable law. Time is of the essence; requests submitted outside this window will not be considered, and the Buyer's sole recourse thereafter, if any, is against the relevant Vendor directly.
8.2 To qualify for a return, the Product must be unused, unworn, unwashed, undamaged, with all original tags, seals and packaging intact, and accompanied by proof of purchase and any documentation GenesisOrb may reasonably require (including photographic evidence). GenesisOrb reserves the sole and absolute discretion to determine whether a returned Product meets these conditions, and its determination shall be final. Products failing this assessment will be returned to the Buyer at the Buyer's cost, and no refund shall be issued.
8.3 The following categories are final sale and non-returnable under any circumstances, save where applicable law mandatorily provides otherwise: perishable goods; personal care, cosmetic, and hygiene items (whether or not opened); underwear and swimwear; made-to-order, personalised or customised items; digital products; and any item marked "Final Sale" on its listing. GenesisOrb bears no liability whatsoever for dissatisfaction with Products in these categories.
8.4 Where a refund is approved, GenesisOrb's liability is limited strictly to the price paid for the Product itself. GenesisOrb shall bear no liability for delivery charges, handling fees, currency conversion losses, or any consequential, incidental or indirect loss of any kind arising from the return. Approved refunds will be processed within a commercially reasonable period not exceeding twenty-one (21) business days, and GenesisOrb accepts no liability for delays attributable to payment providers, banks, or other third parties beyond its control.
8.5 Where a Product is supplied by a Vendor rather than GenesisOrb directly, GenesisOrb's role is limited to that of an intermediary facilitating the return between Buyer and Vendor. GenesisOrb shall have no liability whatsoever for the Vendor's failure or refusal to honour a return, exchange or refund, and the Buyer's remedy in such cases lies solely against the Vendor.
8.6 GenesisOrb reserves the unfettered right, exercisable at its sole discretion and without liability to the Buyer, to cancel any order at any time prior to dispatch including for unavailability, suspected fraud, pricing or listing errors, or any other reason it deems fit with notice to the Buyer and refund limited strictly to sums actually paid for the cancelled item. GenesisOrb shall have no liability for any loss, inconvenience or consequential damage arising from such cancellation.
8.7 Nothing in this Clause 8 excludes or restricts any right the Buyer may have under applicable Nigerian law that cannot lawfully be excluded by agreement.
9.1 Vendors listing Products on the Platform are independently bound by GenesisOrb's Vendor Agreement, which governs, among other matters, product standards, payout terms, commission schedules and confidentiality. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency or employment relationship between GenesisOrb and any Vendor.
9.2 Buyers acknowledge that certain remedies for defective or misrepresented Products supplied by a Vendor may, in the first instance, need to be pursued in accordance with the applicable Vendor's returns policy, without prejudice to any statutory rights the Buyer may have.
10.1 All Content on the Platform, including the GenesisOrb name, logo, trademarks, website design, graphics and underlying software, is the property of GenesisOrb or its licensors and is protected under the Copyright Act, the Trade Marks Act, and other applicable intellectual property laws of Nigeria.
10.2 You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes. No right, title or interest in any Content is transferred to you, and you shall not reproduce, distribute, modify or create derivative works from any Content without GenesisOrb's prior written consent.
11.1 You agree not to:
11.2 GenesisOrb reserves the right to suspend or terminate access to the Platform for any User in breach of this Clause 11, without prejudice to any other remedies available to GenesisOrb.
12.1 GenesisOrb processes personal data collected through the Platform in accordance with its Privacy Policy and the Nigeria Data Protection Act 2023 (NDPA) and its subsidiary regulations. By using the Platform, you consent to such processing as described in the Privacy Policy.
12.2 GenesisOrb implements reasonable technical and organisational measures to safeguard personal data against unauthorised access, loss or misuse, and shall notify affected Users and the Nigeria Data Protection Commission of any data breach in accordance with the timelines prescribed under the NDPA, where applicable.
13.1 To the fullest extent permitted by applicable law, GenesisOrb shall not be liable for any indirect, incidental, consequential, special or punitive damages arising out of or in connection with your use of the Platform, including loss of profit, revenue, data, or goodwill, whether arising in contract, tort (including negligence), or otherwise.
13.2 Save in respect of liability which cannot be excluded or limited under applicable Nigerian law (including liability for fraud or wilful misconduct), GenesisOrb's aggregate liability to any User in respect of any claim arising out of or in connection with these Terms shall not exceed the total amount paid by that User for the specific order giving rise to the claim.
13.3 Nothing in these Terms excludes or limits GenesisOrb's liability for death or personal injury caused by its negligence, or for any liability that may not lawfully be excluded or limited.
14.1 You agree to indemnify and hold harmless GenesisOrb, its directors, officers, employees and agents from and against any claims, losses, liabilities, damages and expenses (including reasonable legal fees) arising out of or in connection with your breach of these Terms, your misuse of the Platform, or your violation of any applicable law or third-party right.
15.1 GenesisOrb may suspend or terminate a User's access to the Platform, with or without notice, where these Terms are breached, where required by law, or where GenesisOrb reasonably believes such action is necessary to protect the Platform, other Users, or GenesisOrb's legitimate interests.
15.2 Termination shall not affect any rights or obligations that accrued prior to the date of termination, including outstanding payment obligations.
16.1 These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
16.2 In the event of any dispute arising out of or in connection with these Terms, the parties shall in the first instance attempt to resolve the dispute amicably through negotiation. Where a dispute is not resolved within thirty (30) days of it being raised, either party may refer the dispute to mediation, and failing resolution by mediation, to arbitration, in each case in accordance with the Arbitration and Mediation Act 2023. The seat of arbitration shall be Lagos, Nigeria, and proceedings shall be conducted in English.
16.3 Nothing in this Clause 16 shall prevent either party from seeking urgent injunctive or other interim relief from a court of competent jurisdiction where necessary to protect its rights pending resolution of a dispute.
17.1 GenesisOrb reserves the right to modify these Terms at any time. Material changes will be notified to Users via the Platform or by email, and will take effect from the date specified in such notice. Your continued use of the Platform following any such change constitutes your acceptance of the revised Terms.
18.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and GenesisOrb regarding your use of the Platform and supersede all prior agreements and understandings, whether written or oral.
18.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.3 No Waiver. GenesisOrb's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
18.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without GenesisOrb's prior written consent. GenesisOrb may assign these Terms in connection with a merger, acquisition, or sale of assets.
18.5 Notices. Any notice required under these Terms shall be given in writing to the contact details provided in Clause 19, and shall be deemed received upon confirmation of delivery.
For any questions regarding these Terms, please contact GenesisOrb Limited at: genesisorb.ltd@gmail.com