Onyx Buyer Terms of Use Agreement

1.1 Binding Agreement

By clicking "I Agree," signing in, creating a vendor account, or otherwise using any part of the Onyx platform or website, you acknowledge and agree that:

• You are entering into a legally binding digital contract with Onyx.
• This Agreement is enforceable under Nigerian law, including, but not limited to: the Evidence Act 2011, the National Information Technology Development Agency (NITDA) Act, the Nigeria Data Protection Regulation (NDPR), and general principles of Nigerian contract law.

You confirm that you have read, understood, and accepted all the terms, conditions, and obligations set forth in this Agreement.

1.2 Electronic Signatures & Digital Consent

Your acceptance of these Terms via digital means—including clicking "I Agree" on a prompt, account registration or login authentication, or any other electronic confirmation methods recognized by Onyx—shall be deemed equivalent to a handwritten signature and fully enforceable under applicable law.

1.3 Updates to Terms

Onyx may update, amend, or revise these Terms at any time. All updates will be published on the Onyx website or communicated via email or platform notifications. Continued use of the platform after such publication constitutes your acceptance of the revised Terms.

2.1 Eligibility Requirements

To register as a Buyer on the Onyx platform, you must:

• Be at least 18 years of age, or the minimum legal age required under Nigerian law to enter into binding contracts.
• Be legally capable of entering into contracts, with full understanding of the rights and obligations created by this Agreement.
• Not be barred from participating in e-commerce activities or financial transactions under any applicable Nigerian laws, regulations, or court orders.

2.2 Account Information and Accuracy

You must provide accurate, complete, and up-to-date information during registration. Onyx reserves the right to verify your identity at any time. Misrepresentation or provision of false information may result in account suspension, delisting, or termination.

2.3 Account Security and Responsibility

You are solely responsible for maintaining the confidentiality of your account login credentials. You are liable for all activities conducted through your account, whether authorized by you or not.

3.1 Permitted Use

You may access and use the Onyx platform solely for lawful and authorized purposes, including browsing products, placing orders, initiating purchases or installment payment plans, tracking orders and deliveries, and managing your account.

3.2 Prohibited Conduct

Prohibited conduct includes, but is not limited to: account manipulation, payment fraud, interference with platform operations, abusive communications, and manipulation of transactions or data.

3.3 Consequences of Violation

Violation may result in suspension or termination of your account, legal action to recover damages, and reporting to regulatory authorities.

4.1 Vendor-Supplied Product Information

All products displayed on the Onyx platform are listed, described, and provided by independent Vendors. Onyx relies on Vendor-supplied information and cannot guarantee that all product details are entirely accurate or complete.

4.2 Product Availability and Stock Levels

All products are subject to availability. Onyx does not guarantee stock availability until an order is confirmed and processed. Orders may be delayed, partially fulfilled, or canceled if stock becomes unavailable.

5.1 Buyer's Offer to Purchase

By placing an order on the Onyx Platform, you are making a binding offer to purchase the selected product(s) from the Vendor under the terms and price stated on the listing.

5.2 Acceptance of Your Order

Your order is deemed accepted only when: (1) The Vendor confirms availability, and (2) Successful payment or financing approval is received.

5.3 Right to Decline, Suspend, or Cancel Orders

Onyx reserves the right to decline, suspend, or cancel an order at any stage due to stock unavailability, suspected fraud, pricing errors, or incomplete buyer verification.

6.1 Partnership with Independent Lenders

Onyx provides access to installment payment options through partnerships with independent third-party Lenders. Onyx itself is not a lender and does not offer credit directly to Buyers.

6.2 How Installment Purchases Work

When you choose to purchase through a Buy-Now-Pay-Later (BNPL) or installment plan, you enter into a direct and independent credit agreement with the Lender. You agree to repay the Lender the full financed amount together with all applicable interest, processing fees, penalties, or other charges.

6.3 Data Sharing for Credit Processing

To process installment purchases, Onyx may securely share your information with Lenders for creditworthiness assessment, identity verification, and loan administration in accordance with the Nigeria Data Protection Regulation (NDPR).

6.4 Consequences of Default or Late Repayment

Failure to comply with repayment obligations may result in late payment penalties, additional interest charges, reporting to credit bureaus, collection efforts, or account suspension on the Onyx Platform.

7.1 Accepted Payment Methods

Buyers may make payments using debit or credit cards, bank transfers, mobile wallets, USSD codes, or installment financing through approved third-party Lenders.

7.2 Secure Payment Processing

All payment transactions are conducted via secure, encrypted channels using industry-standard security protocols. Onyx does not store full payment card details.

8.1 Delivery Timelines

Estimated delivery periods are indicative and may vary due to unforeseen circumstances such as logistics delays, weather conditions, or public holidays.

8.2 Risk of Loss and Title

Risk of loss passes to the Buyer only upon delivery to the specified address or upon pickup. Until delivery, the Vendor or authorized courier retains responsibility for safe handling and transportation.

8.3 Inspection and Reporting Obligations

Buyers must inspect delivered products immediately upon receipt. Any visible damage, defects, or incorrect items must be reported to the Onyx Support Center within 24–48 hours of delivery.

9.1 Eligibility for Returns

Returns are permitted for defective items, incorrect items delivered, items not matching the description, or damaged items resulting from delivery issues, in accordance with the Onyx Return & Refund Policy.

9.2 Refund Processing

Refunds are processed after verification of the returned item. Refunds may be issued via original payment method or Onyx wallet credits. Refund timelines may vary depending on the payment channel.

10.1 Initial Complaint Submission

Buyers who experience issues must first submit a formal complaint via the Onyx Support Center, including order details, description of the issue, and supporting evidence.

10.2 Mediation and Investigation

Onyx will initiate a structured dispute resolution process, which may include mediation, inspection of the product, and requesting additional documentation.

10.3 Decision and Enforcement

Onyx' determination shall be final and binding for the purposes of transaction resolution on the platform, including decisions on refund issuance, product replacement, or vendor penalties.

11.1 Ownership

All intellectual property associated with the Onyx platform—including branding, user interfaces, images, content, and software—is owned exclusively by Onyx or its licensors and is protected under Nigerian copyright, trademark, patent, and other relevant IP laws.

11.2 Prohibited Uses

Buyers are strictly prohibited from copying, reproducing, distributing, modifying, reverse-engineering, or exploiting Onyx content for commercial purposes without prior written authorization.

12.1 General Limitation

To the fullest extent permitted under Nigerian law, Onyx acts solely as a platform intermediary and does not manufacture, sell, or guarantee the products listed on the platform.

12.2 Excluded Liabilities

Onyx shall not be liable for indirect or consequential losses, product defects caused by Vendors, delivery delays caused by third parties, credit or repayment issues with Lenders, or losses from inaccurate Buyer information.

12.3 Maximum Liability Cap

Onyx' total aggregate liability is strictly limited to the amount actually paid for the specific disputed order.

13.1 Compliance with NDPR

Onyx collects, processes, stores, and uses personal data in strict compliance with the Nigeria Data Protection Regulation (NDPR) and other applicable Nigerian privacy laws.

13.2 Consent and Scope of Data Processing

By using the Onyx Platform, you provide explicit consent to the collection and processing of your personal data for transaction facilitation, identity verification, credit profiling, customer support, and regulatory compliance.

13.3 Data Sharing

Personal data may be shared with Lenders, logistics partners, Vendors, and verification providers on a need-to-know basis. All third parties are required to process your data in accordance with NDPR.

13.4 Rights of Data Subjects

You have the right to access, correct, or request deletion of your personal data, withdraw consent for specific processing activities, and complain to Onyx or NITDA if your data protection rights are violated.

14.1 Grounds for Suspension or Termination

Onyx reserves the right to suspend or permanently terminate a Buyer's account for fraudulent activity, installment default, abusive behavior, or platform misuse.

14.2 Voluntary Account Closure

Buyers may close their accounts at any time, subject to full settlement of outstanding obligations and resolution of pending disputes.

15.1 Governing Law

This Agreement is governed by the laws of the Federal Republic of Nigeria, including the Arbitration and Mediation Act 2023.

15.2 Internal Mediation

In the event of any dispute, parties shall first attempt good-faith negotiations and internal mediation.

15.3 Arbitration

If the dispute remains unresolved after mediation, it shall be referred to arbitration under the Arbitration and Mediation Act 2023. The seat of arbitration shall be Lagos, Nigeria. The decision of the arbitrator(s) shall be final and binding.

16.1 Complete Understanding

This Agreement represents the full and exclusive understanding between the Parties concerning the rights, obligations, and responsibilities of Buyers in connection with the Onyx platform. It supersedes all prior discussions, negotiations, or representations not expressly included herein.

16.2 Modifications and Amendments

This Agreement may be amended only in accordance with the terms specified under the "Acceptance of Terms" clause. Continued use of the platform constitutes acceptance of such updates.