Terms of service

General Terms and Conditions of Use of the Marketplace for Buyers

1. Introduction

1.1. “Jumia” is the trading name for the Jumia group companies listed at Appendix 1. Each Jumia group company (“Jumia” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”) together with supporting IT logistics and payment infrastructure for the sale and purchase of consumer products and services (“products”) in its allocated territory as defined at Appendix 1 (“territory”).

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

1.3. By using our marketplace you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our marketplace.

1.4. If you use our marketplace in the course of a business or other organizational project then by so doing you:

      • 1.4.1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
      • 1.4.2. bind both yourself and the person company or other legal entity that operates that business or organizational project to these general terms and conditions; and
      • 1.4.3. agree that you in these general terms and conditions shall reference both the individual user and the relevant person company or legal entity unless the context requires otherwise.

 

2. Registration and account

2.1.  You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age).

2.2. If you register for an account with our marketplace you will be asked to provide an email address/user ID and password and you agree to:

      • 2.2.1. keep your password confidential;
      • 2.2.2. Notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and
      • 2.2.3. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
      • 2.2.4. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
      • 2.2.5. We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same.
      • You may cancel your account on our marketplace by contacting us

 

3. Terms and conditions of sale

3.1. You acknowledge and agree that:

      • 3.1.1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
      • 3.1.2. we shall accept binding sales on behalf of sellers but (unless Jumia is indicated as the seller) Jumia is not a party to the transaction between the seller and the buyer; and
      • 3.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller and accordingly you commit to buying or selling the relevant product or products upon the buyer’s confirmation of purchase via the marketplace.

 

     

        • 3.2.1. the price for a product will be as stated in the relevant product listing;
        • 3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
        • 3.2.3. delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
        • 3.2.4. products must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer; and
        • 3.2.5. in respect of physical products sold the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.

     

    4. Returns and refunds

    4.1. Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the marketplace as may be amended from time to time. Acceptance of returns shall be in our discretion subject to compliance with applicable laws of the territory.

    4.2. Refunds in respect of returned products shall be managed in accordance with the refunds page on the marketplace as may be amended from time to time. Our rules on refunds shall be exercised in our discretion subject to applicable laws of the territory. We may offer refunds in our discretion:

        • 4.2.1. in respect of the product price;
        • 4.2.2. local and/or international shipping fees (as stated on the refunds page); and
        • by way of store credits vouchers mobile money transfer bank transfers or such other methods as we may determine from time to time.





         

        5. Payments

        5.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

        6. Store Credit

        6.1. Store Credits may be earned and managed in accordance with the Jumia Store Credit Terms and Conditions as may be amended from time to time. Jumia reserves the right to cancel or withdraw Jumia store credit rewards for any reason in its discretion including if we suspect fraud or foul play. You can view Reward Store Credit terms and conditions on our website

        7. Promotions

        7.1. Promotions and competitions run by Jumia and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions. You can view each Promotion's terms and conditions on our website

        8. Rules about your content

        8.1. In these general terms and conditions your content means:

            • 8.1.1. all works and materials (including without limitation text graphics images audio material video material audio-visual material scripts software and files) that you submit to us or our marketplace for storage or publication processing by or onward transmission; and
            • 8.1.2. all communications on the marketplace including product reviews feedback and comments.

         



              • 8.3.1. be offensive obscene indecent pornographic lewd suggestive or sexually explicit;
              • 8.3.2. depict violence in an explicit graphic or gratuitous manner; or
              • 8.3.3. be blasphemous in breach of racial or religious hatred or discrimination legislation;
              • 8.3.4. be deceptive fraudulent threatening abusive harassing anti-social menacing hateful discriminatory or inflammatory;
              • 8.3.5. cause annoyance inconvenience or needless anxiety to any person; or
              • 8.3.6. constitute spam.



             

                • 8.4.1. any copyright moral right database right trademark right design right right in passing off or other intellectual property right;
                • 8.4.2. any right of confidence right of privacy or right under data protection legislation;
                • 8.4.3. any contractual obligation owed to any person; or
                • any court order.









                     

                        • 8.8.1. contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or
                        • 8.8.2. communicating with a user involved in an active or completed transaction to warn them away from a particular buyer seller or item; or
                        • 8.8.3. contacting another user with the intent to collect any payments.







                           

                          9. Our rights to use your content

                          9.1 - You grant to us a worldwide irrevocable non-exclusive royalty-free license to use reproduce store adapt publish translate and distribute your content on our marketplace and across our marketing channels and any existing or future media.

                          9.2 - You grant to us the right to sub-license the rights licensed under section 9.1

                          9.3 - You grant to us the right to bring an action for infringement of the rights licensed under section 9.1

                          9.4 - You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

                          9.5 - Without prejudice to our other rights under these general terms and conditions if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content we may delete unpublish or edit any or all of your content.

                          10. Use of website and mobile applications

                          10.1. In this section 10 words “marketplace” and website” shall be used interchangeably to refer to Jumia’s websites and mobile applications.

                          10.2. You may:

                              • 10.2.1. view pages from our website in a web browser;
                              • 10.2.2. download pages from our website for caching in a web browser;
                              • 10.2.3. print pages from our website for your own personal and non-commercial use providing that such printing is not systematic or excessive;
                              • 10.2.4. stream audio and video files from our website using the media player on our website; and
                              • 10.2.5. use our marketplace services by means of a web browser subject to the other provisions of these general terms and conditions.