THESE TERMS AND CONDITIONS SHALL APPLY TO GROUP BUY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY (PARTICILARLY CLAUSE 9 BELOW) BEFORE SUBMITTING ANY ORDER FOR GROUP BUY. BY SUBMITTING YOUR ORDER FOR GROUP BUY, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. Any eligible sellers on Africa2b.com International Website (“com”) participating in Group Buy (“Participating Sellers”) will make available certain products (“Participating Products”) and specify (a) the MOQ; and (b) the TOQ. “MOQ” shall refer to the minimum order quantity for any Participating Product in any single Group Buy order (“Group Buy Order”) placed by any buyer. “TOQ” shall refer to (a) the minimum total order quantity to be received from one or more Group Buy Orders at the end of the Available Period (as defined below) set by a Participating Seller as its pre-condition to fulfill the Group Buy Orders and (b) the total order quantity required to be met by one (1) or more buyer(s) in aggregate in any one (1) or more Group Buy Order(s), that are applicable to each of the Participating Products.All Participating Products are available for a prescribed period as indicated on the relevant webpage (“Available Period”) to accept orders from interested buyers.Any buyer on Africa2b.com may purchase any Participating Products for any quantity not less than the MOQ, by placing a Group Buy Order prior to the end of the Available Period. Such buyer will be required to settle the relevant payment (“Payment”) within the Available Period in order to complete its Group Buy Order. Any incomplete Group Buy Order will not be valid, and the relevant quantity of the Participating Product placed thereunder will not be taken into account in determining the Condition for Fulfilment (as defined below).All Participating Sellers shall be obliged to fulfill the Group Buy Order(s) placed by one or more buyer(s) provided that the aggregate number of the relevant Participating Product thereunder at the end of the Available Period shall have achieved the relevant TOQ (“Condition for Fulfilment”). For the avoidance of doubt, a TOQ is deemed to have been achieved if the aggregate number of the relevant Participating Product at the end of the Available Period shall be equal or have exceeded the number of the TOQ.Unless otherwise determined by Africa2b.com, the basis for determining whether the Condition for Fulfilment for any Participating Product has been achieved shall be based on the total number of the relevant Participating Product ordered by buyer(s) (by placing valid Group Buy Order(s)) as shown on the webpage of Group Buy at the end of the Available Period.For the avoidance of doubt, unless otherwise determined by any Participating Seller, the Participating Seller is not obliged to fulfill any Group Buy Order(s) for any Participating Product if, at the end of the Available Period, the Condition for Fulfilment has not been achieved. Accordingly, the Participating Seller shall have the right to cancel any Group Buy Order(s) thereafter and proceed to refund the buyer(s) any money that it may have received therefrom.Based on the above, every buyer acknowledges and agrees that any Group Buy Orders placed thereby will not be absolutely binding on the relevant Participating Seller until and unless it is confirmed that, at the end of the Available Period, the Condition for Fulfilment has been achieved.In the event where the Condition for Fulfilment for any Participating Product is determined to have been achieved, the Participating Seller shall proceed to perform each of the relevant Group Buy Order(s) in accordance with any agreement(s) entered into between the Participating Seller and each of the respective buyer(s).Whereas, in the event where the Condition for Fulfilment for any Participating Product is determined to have not been achieved, any Group Buy Order placed in relation thereto will be cancelled in accordance with Clause 6 above. The relevant buyer(s) will be entitled to a refund of the Payment (“Refund”). For the avoidance of doubt, notwithstanding anything to the contrary, every buyer hereby acknowledges and agrees that it shall solely bear any costs, expenses, fees and/or any taxes which may be incurred when making the Payment (including but not limited to any payment transaction fee) and/or in the course of the Refund to the buyer.
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AFRICA2B.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR LOSS OF PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE BUYER’S USE OF GROUP BUY, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT AFRICA2B.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
Each buyer hereby acknowledges and agrees that Africa2b.com and/or any of its affiliates shall not be responsible and shall have no liability to it or anyone else for any dispute or claim that arises out of the buyer’s use of Group Buy.These Terms and Conditions are governed, interpreted and enforced by the laws of Portugal, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection herewith shall be brought in a court of competent jurisdiction in Portugal.
In case of any discrepancy in the content between the
English and other non-English language versions of these Terms and Conditions
(if any), the English version shall prevail.