Terms of Use

Terms of Use for Sell N Buy

Welcome to SellNBuy

SellNBuy is an innovative and responsible platform, aligned with national (Senegal) and regional (OHADA) legal requirements.

It undertakes to comply with the laws applicable in Senegal, including regulations relating to consumer protection, taxation and data protection, as well as the OHADA Uniform Acts.”

SellNBuy is accessible on our website (the Service).

Use

  • Register to use the service
  • List an item for sale or sell an item
  • Make an offer or buy an item
  • View, like, save, search or comment on an article, add an article to communicate with other users
  • Donate items and we will collect them
  • Subscribe to our marketing and push notifications
  • Complete a form or survey

We need a legal reason to collect and use your data. The main reason we use your data is to perform our contract (the Terms of Service) with you, so that you can use our service. 

We may also collect and use your data if we: 

  • We are legally required to do so
  • We have your consent

Eligibility

You represent and warrant that you are at least 13 years old. If you are under 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and may change our eligibility criteria at any time. You are solely responsible for ensuring that this User Agreement complies with all laws, rules, and regulations that apply to you, and the right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent that the offer, sale, or provision of the Services is in conflict with any applicable law, rule, or regulation. In addition, the Services are offered solely for your use, and not for the use or benefit of any third party.

We may modify this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement on the Site. These modifications will not apply to any dispute between you and us arising before the date we posted the revised Agreement incorporating these changes, or otherwise notified you of these changes. Your use of the Site following any modification to this Agreement will constitute your acceptance of these changes.

1. Your relationship with us

These are our terms. Make sure you understand and agree to them before using SellNBuy. Let us know if you need help understanding what they mean for you. 

  1. These Terms, together with the established policies (the Policies), are the rules that govern your access to and use of the Service (the Terms of Service).
  2. By creating an account and/or using the Service, you agree to be bound by the Terms of Service

    and you must provide explicit and informed consent to the collection, transfer, handling, storage, disclosure and other uses of your information, in accordance with Law No. 2008-12 on electronic transactions in Senegal.

    1. In the event of a breach of your personal data, SellNBuy undertakes to inform the affected users within 72 hours, in accordance with international data protection standards.
    2. If you do not understand anything in the Terms of Service, please contact us via email or our customer service number.

2. Information about you and your privacy

Your privacy is important to us.

You should read our Privacy Policy to understand how we collect, use and share your information and how we use cookies in connection with the Service.

3. Who can create an account with us?

Anyone who can use devices and social media can use SellNBuy. You can use SellNBuy for business purposes, but some provisions of the Terms of Service will apply differently to you and your business. 

  1. To use our Service, you must register by creating an account with a username and password (your Account). You must provide us with accurate and complete information so that the Service can function properly. If your information changes, you must update it by logging into your Account.
  2. You may also use our Service through third-party services approved by us, such as Apple, Facebook, and Google.
  3. Children under 13 are not permitted to use SellNBuy. You must be at least 13 years old to use the Services or above the age at which you can consent to data processing under the laws of your country, if that age is higher than 13.
  4. If you wish to use SellNBuy for commercial purposes (i.e., wholly or partly for the purposes of your trade or profession), you will be a Business User and you and the company or entity on whose behalf you access or use the Services. If you are a Business User:

The person using the Professional User Account must be an authorized representative of that company or entity with the authority to bind the company or entity to the Terms of Service. 

By opening an Account, you agree to the Terms of Service on behalf of the company or entity.

4. Keep your account details safe

Keep your account details to yourself. If you think someone else knows your details, let us know so we can take steps to secure your account. 

  1. Keep your password, or any other information you are given or choose as part of our security procedures, confidential and do not share it with anyone else. You can also add an extra layer of security to your account by enabling two-factor authentication.
  2. If you know or suspect that someone other than you knows your password, please let us know as soon as possible by contacting us.

5. How does SellNBuy work?

SellNBuy allows users to buy and sell items from other third-party users. 

  1. Our Service allows you to buy and sell items from other SellNBuy users.
  2. We show you ads for things we think you’ll like based on the preferences you give us and your activity on SellNBuy, including the SellNBuy stores and ads you’ve interacted with.
  3. We want our Service to be a positive experience for our users. You must honor the commitments you make to other users when using the Service and only list items that comply with the Terms of Service and Policies.
  4. If you are:
  • By purchasing an item, the agreement for the purchase is concluded solely between you and us.
  • In the process of selling an item, the agreement for the sale is concluded solely between you and us.
  1. Sellers must provide items that are compliant and free from hidden defects, in accordance with the provisions of Articles 224 et seq. of the OHADA Uniform Act on General Commercial Law. It is important that you report any signs of wear or defects and the location of the item.
  2. You are also responsible for ensuring that any age-restricted item is clearly marked with the applicable age restriction (as required by law). Buyers agree not to purchase an item if they are younger than the advertised and legal age restriction.
  3. If you choose to exchange items, you must notify us by email.

6. What are the rules for using SellNBuy?

We want SellNBuy to be a safe space for everyone, so you must follow our rules. 

  1. You may only use the Service to:
  • Sell ​​items that you have the right and title to sell to buyers.
  • Upload User Content that complies with our Terms of Service. User Content is any content you post using our Services, including usernames, store descriptions, photos, videos, descriptions, comments, messages, links, and other materials.
  • Browse and purchase items listed on the Service.
  1. You may not use the Service to:
  • Doing anything that is illegal or violates applicable law.
  • Doing anything for improper purposes.
  • List or sell a prohibited item.
  • Post any User Content that does not comply with these Terms of Service or any of our Policies.
  • Do anything fraudulent or deceptive or post any User Content that is false or misleading.
  • Use or share another user’s User Content without their consent, whether on SellNBuy or elsewhere, other than populated User Content.
  • Violate the Sanctions Policy.
  • Modify, interfere with, intercept, disrupt, or hack the Service, data mine, harvest, or crawl the Service, including any internal software capabilities used to offer our Service (e.g., an application programming interface), or use bots or other third-party software on the Service. You may simultaneously list your items for sale on other platforms and/or marketplaces (each, an Alternative Platform) through third-party cross-platforms, so long as you:
  • fully comply with our Terms of Service.
  • Quickly remove the item from SellNBuy if it is sold on another platform.
  • Take full responsibility if your item is sold on both SellNBuy and another platform, including refunding a buyer if the item is no longer available.
  • Test, circumvent, monitor or breach the security measures of our Service.
  • Misuse the Service by knowingly introducing viruses, Trojan horses, worms, logic bombs or any other material that may harm the Service or the equipment of any user of the Service.
  • Collect data from the Service outside the Terms of Service.
  • Use photographs, images, text, music or videos belonging to others without their permission, publish content that does not belong to you.
  • Use the materials and content constituting the Service for any purpose other than using the Service in accordance with the Terms of Service.
  • Transfer your right to use the Service to another person or sell, give or transfer your Account to another person.
  • Posting comments about another person without that person’s permission.
  • Post private or confidential information about yourself or another person.
  • Offering for sale an item that you don’t own (also known as dropshipping), unless you personally designed it.
  • Intimidate, threaten, defame, abuse, spam, harass, behave inappropriately towards or violate the rights or interests of others.
  • Support, praise, glorify, represent or depict terrorist or extremist organizations, or known members of such organizations.
  • Create links to third-party sites, applications or platforms.
  • Coordinate prices with other sellers.
  • Create more than one Account, unless otherwise agreed.
  • Allow another person to use the Service in your name or on your behalf (unless you are a Professional User, in which case).
  • Interfere with or manipulate any user rating or feedback system.

**3. Failure to comply with the Terms of Service** 

Failure to comply with the Terms of Service or our Policies will be taken very seriously and may result in: 

  • The temporary or permanent removal of any User Content (including the removal of items listed on the Service).
  • The temporary or permanent withdrawal of your right to use the Service and/or the temporary or permanent deletion of your Account.
  • Legal action against you.
  • Disclosure of information to law enforcement authorities if we reasonably believe it is necessary or if we have a legal obligation to do so.

**4. How are items paid for on SellNBuy?** 

All items purchased on SellNBuy must be paid for using SellNBuy’s payment method via INTECH. No other payment methods are permitted. 

Payment for transactions must be made through one of our third-party payment providers, INTECH Payments via WAVE, ORANGE MONEY, FREE MONEY… SellNBuy Payments via INTECH allows sellers to accept payments through local means such as Wave, Orange Money, Free Money… (where available) and visa cards, paypal… Any payment made outside of SellNBuy approved channels is strictly prohibited and could result in account suspension.”

7. Shipping and taxes

SellNBuy is responsible for packaging and shipping items to buyers within 24 hours. 

1- As a seller, make sure the item is in good condition, available and well packaged. 

2- As the buyer, you would take care of the delivery of the item(s) (we will make sure this is as low as possible for you). 

3- As a donor, we will take care of deliveries.

8. Costs

You will be responsible for certain fees when you use the Services to sell an item. Fee details for all sellers are set out in the Services. 

Sellers are responsible for reporting and paying applicable taxes on their sales, in accordance with the Senegalese General Tax Code. SellNBuy may provide tools to help sellers estimate their tax obligations.

We will charge the seller 20% for hosting on the site (for maintenance and bug prevention), taxes to be remitted to the state and third-party partners, for proper packaging and delivery of items, and for protecting your information instantly.

9. Your content

We may use any content you post on SellNBuy to provide the Service or operate our business. 

  1. You own all rights to your User Content and are solely responsible for it. You represent that you have all necessary rights to all parts of your User Content and that you are not violating or infringing the rights of any third party by posting it.
  2. By posting your User Content, you grant us a worldwide, non-exclusive, irrevocable, sublicensable, perpetual, royalty-free license to use, display, copy, reproduce, distribute, adapt, reformat, modify, publish, translate, store, license, sublicense, assign, transfer, prepare derivative works of, and otherwise exploit your User Content (including all intellectual property rights included in the User Content) anywhere and in any form for the purpose of providing our Service or for any purpose related to the operation of our business, including marketing purposes. You agree not to assert any moral rights or publicity rights against us for the use of your User Content. You also acknowledge our legitimate interest in using it, in accordance with the scope of this license, to the extent that your User Content contains personal information.
  3. If you delete your User Content:
  • It may continue to appear on our Service, if you have shared your User Content with other users.
  • Search engines may continue to find and display your User Content in their search results if you have made your User Content available through other companies’ services.
  1. Our right to use your User Content does not affect your privacy rights, and we will only use information that identifies you as described in our Privacy Policy.
  2. We may refuse to post, moderate, reject, remove, or delete any User Content if we believe it violates (or may violate) these Terms of Service or any of our Policies, or otherwise creates risks for us or our community. If we do so, we will notify you that your User Content violates our Terms of Service or Policies, and the action we have taken, up to and including termination or suspension of your right to use the Service as set forth in these Terms of Service.
  3. User Content removed from the Service may continue to be stored by us, including to comply with legal obligations, or if your User Content has been shared by others.

10. If we want to end our relationship

We may terminate your use of SellNBuy upon notice or if you violate our Terms of Service. Be sure to back up any content you value, as we cannot guarantee it will always be available. 

  1. We may terminate your Account or your right to access or use all or any part of the Service without cause by giving you at least 45 days’ notice.
  2. We may terminate your Account or your right to access or use all or any part of the Service if you have not cured a breach of the Terms of Service within 30 days, unless we can demonstrate that you have been in breach repeatedly or there is a real risk of loss or harm from your continued use of our Service, in which case the notice of termination will be effective immediately.
  3. We may terminate or suspend your Account (and any Account that SellNBuy determines is related to your Account) and your access to or use of the Services due to a risk or reasonable belief that you, your User Content, or your use of the Services violates or may violate the Terms of Service.

If we do this, it’s important to understand that you have no contractual or legal right to continue using our Services, for example, to sell or buy on our website or to create a new account. Generally, SellNBuy will notify you that your account has been terminated or suspended unless you have repeatedly violated the Terms of Service or we have legal or regulatory reasons for not notifying you.

  1. If we terminate or suspend your right to access or use the Service, or if we find that your User Content violates our Terms of Service or Policies, we will provide a statement of reasons at the time of notice. No statement of reasons will be provided if:

– We are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or reference to the applicable fund or funds.

– Notice of termination is given and we can demonstrate that you have repeatedly violated the Terms of Service.

  1. If you or we terminate your use of the Service, we may delete or modify your User Content, your Account, or any other information we hold about you. You will also lose any rights you had to use the Service or access our content or your User Content. Because we do not guarantee the permanent availability of User Content, we encourage you to maintain your own backup of your User Content. You agree not to rely on the Service for backup or storage of User Content.
  1. You should note that even if your Account is deactivated, some of your data may persist and appear in the Service, for example when your User Content has been re-shared by others.

11. If you wish to terminate our relationship

If you no longer wish to use SellNBuy, you can do so on the website or by contacting us to deactivate your account. 

  1. If you wish to terminate your use of the Service by closing your Account, you may do so by following the steps below:
  • If you are an iOS user, you can close your Account in the site settings.
  • For non-iOS users, you can request to close your Account.
  1. If a request comes from someone who is not the account holder, we may ask you to provide proof of your identity and relationship with the user in question. Closing your Account will not affect any outstanding payments you have with us.

12. Our responsibility to you

SellNBuy is committed to providing a secure service that complies with applicable laws, particularly with regard to the protection of personal data and consumer rights, and  may be held liable in the event of gross negligence, fraud, or deliberate breach of its contractual obligations .

Whether you are a consumer or a Professional User:

  1. We provide the Services with reasonable care and skill.

If you are a consumer:

  1. We do not accept liability for any loss or damage:

– Which was not caused by our violation of the Terms of Service.

– Which was not, at the time you agreed to the Terms of Service, a reasonably foreseeable consequence of our breach of the Terms of Service. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time we entered into the Terms, we both knew it might happen.

13. Changes and Limitations to the Service

From time to time, we make changes to our Service. We try to ensure that SellNBuy is always operational, but this is not always possible.

  1. We are constantly updating and improving the Service. To do so, we may need to update, reset, stop offering, and/or support a particular part of the Service or a feature related to the Service. These changes to the Service may affect your past or current activities on the Service, the features you use, and your User Content.
  2. You understand that it is important to us to be able to make changes to our Service and that this is an important basis on which we grant you access to the Service.
  3. You also understand that our Service will not always be available or uninterrupted. While it is our intention to make our Service available as much as possible, there may also be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunications links and/or equipment. We will do our best to notify you if the Service is going to be interrupted, but there may be times when we are unable to do so, for example if we need to carry out emergency repairs.

14. Changes to the Terms of Service

We may need to update the Terms of Service from time to time and will notify you if we think the changes are significant. You can see when we last made changes at the top of this page.

  1. We may update the Terms of Service to:

– Consider changes to our services or the way we do business, for example, when we add new features.

– Take into account changes in the law.

– Address a security risk or prevent abuse of our Services.

  1. If we make a material change to the Terms of Service, we will provide you with reasonable notice, except in urgent situations, such as to address a security risk or if we are responding to a legal obligation imposed on us. If you do not agree to the updated terms, you must stop using the Services and terminate your account.

17. Each time you use the Services, please check the Terms of Service to ensure you understand the terms that apply at that time. You can see when the Terms of Service were last modified by checking the « effective date » at the top of this page.

18. General terms

These are important legal terms regarding how the Terms of Service work as a contract. Let us know if you need help understanding what they mean for you.

These Terms of Use define the legally binding rules applicable to your access to and use of the SellNBuy Services.

  1. The current version of the Terms of Service and our Policies contain the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service or our Policies will no longer apply to our relationship and will be completely replaced by the current version.
  2. If a court or competent authority finds any part of the Terms of Service unlawful, the rest will continue in effect. Each of the paragraphs of the Terms of Service operates separately, so if a court or competent authority decides that one of them is unlawful, the remaining paragraphs remain in full force and effect.
  3. If you do not comply with the Terms of Service and we do not act immediately, this does not mean that we have waived any right we have and we may still act in the future.
  4. The Terms of Service do not create an agency, partnership, employment, or joint venture relationship between you and SellNBuy.
  5. The Terms of Service are between you and us. No other person will have any rights to enforce any of its terms. No third party (except, where applicable, SellNBuy’s authorized assignee) is entitled to the benefits of the Terms of Service.

18. Contact, returns and complaints

If you need to contact us, please do so via our email, phone, social media accounts.

  1. If you need to contact us regarding the Terms of Service or any other documents referred to in them, please contact us by phone, email or through our social media accounts.
  2. We value feedback from our users and are always interested in ways to improve the Service. By providing your feedback, you agree to waive any rights you may have to your feedback so that we can use it and allow others to use it without any restrictions and without any payment from you.

At SellNBuy, we believe in responsible and sustainable commerce. By strengthening our policies and practices, we are committed to protecting our users and promoting ethical and law-abiding consumption.