Term and Condition of Sale

Terms and Conditions of Sale

 

1. Interpretation

1.1 In these Conditions:

“Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“Goods”, also known as “product”, means the goods made available for sale on the Platform, including any installment of the goods or any parts for them;

“Figada” means Figada Marketplace LTD. (Company Registration No.: 7288307), a company incorporated in Nigeria.

“Figada Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the www.figada.com website and/or the Figada mobile application;

“Seller” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and includes a Third-Party Vendor. Figada may also be a “Seller” for selected Goods;

“Services” means the use of any services, information and functions made available by Figada at the Platform;

“Third-Party Vendor” means a seller which uses the Platform and/or Services to sell Goods to the Buyers, and excludes Figada; and

“Writing” includes electronic mail and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Figada” in these Conditions refer to both Figada’s actions on its own behalf as Seller and/or as the operator of the Platform and/or as the agent of Third-Party Vendors as Sellers in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any terms and conditions.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods between the Buyer and the Seller (collectively “Parties”). The identity of the Seller for a particular Goods listed for sale on the Platform, be it Figada or a Third-Party Vendor, may be stated on the webpage listing such Goods.

2.2 Where the Buyer has placed an order on the Platform for the purchase of Goods sold by Figada and Figada has accepted the same, this shall constitute a Contract entered into directly between the Buyer and Figada. On the other hand, where the Buyer has placed an order on the Platform for the purchase of Goods sold by a Third-Party Vendor and the said Third-Party Vendor has accepted the same, this shall constitute a Contract entered into directly between the Buyer and the Third-Party Vendor. Where the Contract is entered into directly between the Buyer and a Third-Party Vendor, Figada is not a party to the Contract or any other Contract between the Buyer and Third-Party Vendor and accepts no obligations in connection with any such Contract. Parties to such contracts shall be entirely responsible for the Contract between them, the listing of Goods, warranty of purchase and the like.

2.3 Any information made available on the Platform in connection with the supply of Goods, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, consumption of operating materials, operating costs or any information disclosed by Third-Party Vendors through the chat system are not binding and for information purpose only. In entering into the Contract, the Buyer acknowledges that he / she / it does not rely on and waives any claim based on any such representations or information so provided.

2.4 While the Seller endeavours to provide an accurate description of the Goods, neither Figada nor Seller warrants that such description is accurate, current or free from error. In the event that the Goods the Buyer receives is fundamentally different from the Goods as described on the Platform and which the Buyer has ordered, Clause 7 of these Conditions shall apply.

2.5 Any typographical clerical or other error or omission in any quotation, invoice or other document or information issued or published by Figada on the Platform shall be subject to correction without any liability on the part of Figada.

3. Orders and Specifications

3.1 The Buyer may purchase Goods by placing and completing the order form on the Platform and shall be responsible for ensuring the accuracy of the order. All orders shall be subject to the Sellers’ acceptance in their sole discretion and each order accepted by the Seller shall constitute a separate Contract and shall be deemed to be irrevocable and unconditional upon transmission through the Platform. Figada shall be entitled (but not obliged) to process such order without further consent from the Buyer. Nevertheless, the Buyer may request to cancel or amend the order which Figada shall endeavour (but not obliged) to give effect to on a commercially reasonable effort basis.

3.2 Order acceptance and the Contract between the Buyer and Seller will only be concluded upon Figada issuing a confirmation of dispatch of the Goods to the Buyer. For the avoidance of doubt, Figada shall be entitled to refuse or cancel any order without giving any reasons to the Buyer prior to issuing confirmation of dispatch. Figada shall furthermore be entitled to require the Buyer to furnish Figada with contact and other verification information, including but not limited to address, contact numbers prior to issuing a confirmation of dispatch.

3.3 No concluded Contract may be modified or cancelled by the Buyer except with prior written consent from Figada and on terms that the Buyer shall indemnify Figada in full against all losses (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by Figada as a result of the modification or cancellation, as the case may be.

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time when the Buyer places and completes the order form on the Platform. The price includes any applicable sales tax or service tax, value added tax or similar tax which the Buyer shall be liable to pay, but it excludes the delivery fee.

4.2 In the event that a Goods has been mispriced on the Platform, the Seller reserves the right to terminate the Contract, in which case the Buyer will be notified of such cancellation by way of email or through Figada mobile application. The Seller shall have such right to terminate the Contract notwithstanding that the Goods have been dispatched or are in transit or that payment has been charged on the Buyer.

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using various payment methods made available on the Platform. When the Buyer places an order on the Platform, actual payment shall be only charged upon the Seller’s acceptance of the Buyer’s order and the formation of a Contract. All payments shall be made to Figada, either accepting payment in its own right or as the Seller’s agent (where the Seller is a Third-Party Vendor). The Buyer acknowledges that Figada is entitled to collect payments from the Buyer on behalf of Third-Party Vendors.

5.2 The terms and conditions applicable to each type of payment method, as prescribed by Figada on the Platform, shall be applicable to the Contract. The payment method may also be subject to the following terms:

5.2.1 Credit Cards

Credit card payment option is available for all Buyers. Figada accepts all Visa and MasterCard credit cards through our gateway provider partnars. All credit card information of the Buyers shall be protected by industry leading encryption standards.

Please take note that additional charges may be incurred if the Buyer is using a non-Nigerian bank issued credit card due to foreign exchange rates.

5.2.2 Debit Cards

Figada accepts all Nigerian Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price (including any applicable taxes, fees and shipping costs) for the Goods purchased by the Buyer to a Figada account. The transaction must be payable in Nigeria Naira. Figada, in its sole discretion, may refuse to offer this payment method to any Buyer without notice for any reason.

5.2.4 Cash on Delivery or Payment on Delivery

Cash on Delivery or Payment on Delivery is available in the areas as determined by Figada with a fee as may be prescribed by Figada for each order. Figada reserves the right to schedule the delivery time. Goods will only be handed over to the Buyer upon full payment by the Buyer.

5.2.5 E-Wallets

Figada accepts e-wallet payment method.

5.2.6 Figada Payment Account (known as “Lazada Wallet”)

The use of Figada Wallet is subject to Figada Wallet Terms and Conditions.

5.3 The Buyer may not claim against the Seller or any of its agents (which may include Figada ), for any failure, disruption or error in connection with the Buyer’s chosen payment method. Figada reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the Buyer or giving any reason.

5.4 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or the payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to:

5.4.1 cancel the Contract or suspend delivery of the Goods until payment is made in full; and/or,

5.4.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

5.5 All payments for the purchased Goods must be made to Figada using the payment methods made available on the Platform only. Figada shall not be held responsible for any losses which may arise from payments made directly to Third-Party Vendors or through payment methods apart from the available payment methods on the Platform.

5.6 All refunds shall be made via the original payment mechanism and to the person who made the payment, except for Cash on Delivery and Payment on Delivery, where refunds will be made to the Buyer’s Figada Wallet.

5.7 Figada offers no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the payment provider internal processing timeline. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by Figada. All refunds are conditional upon Figada’s acceptance of a valid return of the Goods. Figada reserves the right to modify the mechanism of processing refunds at any time without notice.

6. Delivery / Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in his /her/its order. The Buyer is not entitled to choose the Goods delivery time.

6.2 If the Buyer instructs that the Goods is to be delivered to a collection point (“Collection Point”), the Buyer will receive a notification when the Goods is delivered to the Collection Point. The Buyer shall collect the Goods from the Collection Point within 3 working days from the date when the Goods is delivered to the Collection Point, failing which, the Contract will be terminated, the Goods will be returned to the Seller and a refund shall be made to the Buyer.

6.3 Figada has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.4 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery of the Goods / performance of the obligation by the Seller shall not be of the essence, and Figada shall not be liable for any delay in delivery or performance howsoever caused.

6.5 If Seller fails to deliver the Goods in accordance with the Contract or within a reasonable time, the Buyer shall, by serving a written notice to Figada, be entitled to demand performance within a specified time thereafter and such specified time shall be no less than 14 days. If Figada fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund of payment in respect of the undelivered Goods.

6.6 Where the Goods have been delivered to the Buyer even after such refunds have been claimed by the Buyer pursuant to Clause 6.4 above, the Buyer shall immediately notify Figada of the delivery. The property in the Goods shall not pass to the Buyer and Buyer shall hold the Goods as Figada’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer. Figada shall be entitled at any time to demand the Buyer to deliver up the Goods to Figada and in the event of non-compliance Figada reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

6.7 If the Buyer fails to take delivery of the Goods (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then without prejudice to any other right or remedy available to Figada, Figada may:

6.7.1. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided that the payment has been cleared in full, or charge to the Buyer for any shortfall below the price under the Contract; or

6.7.2. terminate the Contract and claim damages.

7. Return, Refund and Replacement of Goods

7.1 Save for perishable goods, all Goods sold on the Platform is covered under the Figada 7 Days Easy Return depending on the Goods sold (“Return Policy”). The Buyer may initiatethe return process by communicating with Figada or Seller through the Platform.

7.2 The Buyer may, by completing the Online Return Form, apply to return the purchased Goods to Figada or the Seller in exchange for a replacement or a refund. The Buyer shall ensure that the purchased Goods is returned to Figada or the Seller within 7 calendar days from the delivery date. For avoidance of doubt, the countdown starts from the date the Buyer received the purchased Goods to the post stamp date on the return parcel. In case of damaged Goods, please contact Figada or the Seller within 48 hours of receiving the delivery to expedite the claim process.

7.3 The Buyer may only apply for return of the purchased Goods in the following circumstances:

7.3.1 the Goods delivered to the Buyer is defective and/or damaged on delivery;

7.3.2 the Goods, in particular fashion items, which does not fit (not applicable for fashion items from the overseas Sellers);

7.3.3 the Goods delivered to the Buyer is materially different from the description provided by the Seller in the listing of the Goods;

7.3.4 the Goods delivered to the Buyer does not match the agreed specification (e.g. wrong size, color, etc.) stipulated in the order; and

7.3.5 such other circumstances which may be prescribed by Figada on the Platform.

7.4 Notwithstanding Clause 7.3 above, return or cancellation of any perishable goods are not allowed. To ensure that the Buyer is satisfied with the product the Buyer received, the Buyer should inspect the contents as soon as the order arrives.

7.5 The application for return of Purchased Goods may also be subject to additional terms and conditions prescribed by Figada on the Platform. Please see Help Center for further details.

7.6 Questions and complaints with regards to returns:

7.6.1 If you have any questions or complaints, (i) you may either contact the Seller directly via the Platform or (ii) contact Figada using the “Contact Us” page on the Platform, as applicable.

7.6.2 In the event that Buyer is unable to resolve any dispute with Seller directly through amicable negotiations, Figada reserves the right to suggest and implement an appropriate resolution at its sole discretion.

8 Risk of and Property in the Goods

8.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery; or if the Buyer fails to take delivery of the Goods, at the time when Figada has tendered delivery of the Goods.

8.2 Notwithstanding delivery and passing of the risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until Figada has received in cash or payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.

8.3 Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as Figada’s fiduciary agent and bailee and shall keep the Goods separate from those of the Buyer.

8.4 The Buyer agrees with Figada that the Buyer shall immediately notify Figada of any matter from time to time affecting Figada’s title to the Goods and the Buyer shall provide Figada with any information relating to the Goods as Figada may require from time to time.

8.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), Figada shall be entitled at any time to demand the Buyer to deliver up the Goods to Figada and in the event of non-compliance Figada reserves its right to take legal action against the Buyer for the delivery of the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Buyer.

8.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remains the property of Figada but if the Buyer does so all moneys owing by the Buyer to Figada shall (without prejudice to any other right or remedy of Lazada) forthwith become due and payable.

8.7 If the provisions in this Clause 8 of these Conditions are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this clause, and the Buyer shall take all steps necessary to give effect to the same.

8.8 The Buyer shall indemnify Figada against all losses, damages, costs, expenses and legal fees incurred by Figada in connection with the assertion and enforcement of Figada’s rights under this clause.

9 Termination

9.1 The Buyer may terminate the Contract before the Seller dispatches the Goods, by written notice to Figada through our Contact Us page on Figada website www.figada.com. If the Goods have already been dispatched, Buyer may not terminate the Contract but may only return the Goods in accordance with Clause 7 of these Conditions.

9.2 Without prejudice to any other right of termination elsewhere in these Conditions, the Seller or Figada acting on theThird-Party Vendor’s behalf, may stop any Goods in transit, suspend further delivery to the Buyer and/or terminate the Contract with immediate effect by notice to the Buyer on or at any time after the occurrence of any of the following events:

9.2.1 the Goods under the Contract being unavailable for any reason; and/or

9.2.2 the Goods under the Contract has been mispriced on the Platform.

10 Warranties and Remedies

10.1 Save for as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

10.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

10.3 Figada binds itself only to deliver Goods in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such specialor particular description shall be taken only as the expression of Figada’s opinion in that behalf. Figada is not liable for any such special or particular description which may have been provided by Third-Party Vendors through the chat system. Figada does not give any warranty as to the quality state condition or fitness of the Goods.

10.4 Figada shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Figada, addition and insertion of parts, in particular of spare parts which do not come from Figada.

10.5 Figada shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Figada’s instructions (whether oral or in writing) misuse or alteration or repair of the Goods without Figada’s approval.

10.6 Figada is not liable for any loss, damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Figada’s prior written approval and the Buyer shall indemnify Figada against each loss, liability and cost arising out of such claims.

10.7 Figada shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

10.8 Figada shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

10.9 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, the Buyer may apply to return the defective and/or damaged Goods to Figada or the Seller in exchange for a replacement or a refund in accordance with Figada’s Return Policy and Clause 7 of these Conditions above.

10.10 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Figada and the Seller however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Figada’s or the Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Figada or the Seller has accepted such request.

10.11 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Figada may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10.12 When Figada or the Seller has provided replacement Goods or given the Buyer a refund, the non-conforming Goods (or parts thereof) shall become property of Figada or the Seller.

11 Liability

11.1 In no event shall Figada be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Figada had been advised by the Buyer of the possibility of incurring the same.

11.2 The remedies set out in Clause 10 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Figada’s liability for the same shall be limited in the manner specified in Clause 10 of these Conditions.

11.3 Notwithstanding any other provision of these Conditions, the Seller’s maximum cumulative liability to a Buyer or to any other party for all losses under, arising out of or relating to the sale of Goods under each Contract, shall not exceed the sums that the Buyer paid to the Seller under such Contract.

11.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

11.5 No action shall be brought against Figada later than 12 months after the date a Buyer became aware of the circumstances giving rise to a claim or the date when he/ she / it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

12 General

12.1 Neither Figada nor the Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly, to an event or failure which is beyond Figada’s or the Seller’s reasonable control.

12.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed, if to Figada, to its registered office or principal place of business and if to the Buyer, to the address stipulated in the relevant order, email address provided by the Buyer or through the Figada mobile application.

12.3 Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of International Commercial Terms published by the International Chamber of Commerce shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions, the latter shall prevail.

12.4 No waiver by Figada of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision. Further, Figada’s failure to enforce these Conditions shall not constitute a waiver of these terms, and such failure shall not affect Figada’s right later to enforce these Conditions.

12.5 If any provision of these Conditions is held by any competent authority to be illegal, invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

12.6 No person who is not a party to the Contract (including any employee, officer, agent, representative or sub-contractor of either party) shall have any right to enforce any terms of the Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties, which the agreement must refer to Clause 3.3 of these Conditions.

12.7 The Contract shall be governed by the laws of Nigeria.

12.8 (Where a Contract is concluded between the Buyer and a Third-Party Vendor) The Buyer must exhaust all legal avenues against Third-Party Vendor, should any dispute, controversy or claim arise out of or relate to the Contract, or the breach, termination or invalidity thereof, prior to bringing a claim against Figada. Any such actions brought against Figada for any dispute, controversy or claim arising out of or relating to the Contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Regional Centre for International Commercial Arbitration – Lagos (RCICAL) for the time being in force. The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Director of the RCICAL. The place of arbitration shall be Lagos. Any award by thearbitration tribunal shall be final and binding upon the parties.

12.9 Notwithstanding Clause 12.8 above, Figada shall be entitled to commence court legal proceedings for the purposes of protecting its intellectual property rights and confidential information or for a breach or non-performance by means of injunctive or other equitable relief.

12.10 Figada may, through the Platform or by such other method of notification as Figada may designate, vary these Conditions, such variation shall take effect on the date Figada specifies through the above means. If the Buyer continues to use the Platform after such date, the Buyer is deemed to have accepted such variation. If the Buyer does not accept the variation, the Buyer must stop access to or using the Platform and terminate these Terms and Conditions of Sale.

12.11 Any typographical, clerical or other error or omission in any acceptance, invoice or other document on the Seller’s part shall be subject to correction without any liability on the Seller’s part.

12.12 In the event that these Conditions are executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Conditions shall govern and shall take precedence over the Foreign Language Version.

12.13 These Conditions shall constitute the entire agreement between the Buyer and the Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

12.14 Figada reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Conditions and reserves the right to use any service providers, subcontractors and/or agents on such terms as Figada deems appropriate.

13 Pre-Sale Program

13.1 This Clause 13 relates to the Pre-Sale Program offered by Figada. In addition to this Clause 13 and these Conditions, any existing rules and terms of the brands offering products under the Pre-Sale Program may apply. In the case of any inconsistency or conflict among this Clause 13, these Conditions, the rules of any brand and/or the Terms of Use, the provisions of this Clause 13 shall prevail over the others, followed by the Conditions, the Terms of Use and thereafter the rules of any brand, to the extent of such inconsistency or conflict.

13.2 The Pre-Sale Program shall be made available for the certain Buyers (who are determined by Figada at its sole discretion) for a period of time as determined by Figada (such period, the “Pre-Sale Period”).

13.3 Figada offers the Pre-Sale Program within the context of its technical and operational capabilities, subject to downtime and lack of availability during which the use of the Pre-Sale Program and other services are interrupted or affected due to urgent technical reasons or required maintenance work. Figada shall not be liable, in any case whatsoever, for these instances.

13.4 During the Pre-Sale Period, certain Goods are offered for pre-sale on the Platform. The Buyers may place a pre-sale order for any such Goods through payment of a portion of the pre-sale purchase price (“Pre-Payment”). The Goods offered for pre-sale, the pricing of and the required Pre-Payment amounts for such Goods shall be determined by the Third Party Vendors (if such Goods are sold by the Third Party Vendors) or Figada (if such Goods are sold by Figada), as the case may be.

13.5 Prior to making the Pre-Payment, the Buyer shall be informed of the amount of Pre-Payment to be made for that Goods during the Pre-Sale Period and the remaining amount of payment (“Final Payment”) to be made to complete the order for such Goods, as well as the timeline within which the Final Payment is to be made (“Final Payment Period”). The Final Payment Period shall commence after the final date of the Pre-Sale Period.

13.6 The Pre-Payment is non-refundable and subject to forfeiture where the Buyer does not make the Final Payment for such Goods and complete the order within the Final Payment Period.

13.7 An order shall only be confirmed and processed for delivery by Figada in respect of the Goods available under the Pre-Sale Program where both the Pre-Payment and Final Payment have been made during the Pre-Sale Period and the Final Payment Period respectively. Where the Buyer has made a Pre-Payment for any Goods during the Pre-Payment Period but fails to make the Final Payment for such Goods during the Final Payment Period, the order for such Goods shall not be confirmed and Figada shall have the sole right, entitlement and discretion to retain and/or forfeit the Pre-Payment amount.

13.8 A Buyer shall be entitled to make payment for any Goods offered under the Pre-Sale Program using any of the payment method prescribed by Figada from time to time, save that:

13.8.1 Cash on Delivery or Payment on Delivery shall not be offered as a payment method for the Goods purchased through the Pre-Sale Program; and

13.8.2 the Buyer shall be required to utilize the same payment method for each of the Pre-Payment and Final Payment.

13.9 Figada reserves the right to cancel and/or refund any Pre-Payment made by a Buyer or any orders placed in connection with the Pre-Sale Program where it determines in its sole and absolute discretion that such Buyer has breached these Conditions, Terms of Use or for any other reason.

13.10 No vouchers or voucher codes can be used to purchase any Goods offered under the Pre-Sale Program.