Welcome to NOMS Digistore – A Complete Digital Store platform
The following terms of service (these “Terms of Service”), govern your access to and use of the NOMS Digistore website and mobile application, including any content, functionality and services offered on or through www.nomstorescom by Naija Online Mega Stores Ltd. (RC 1748353), as applicable. Naija Online Mega Stores Ltd. and its subsidiaries are collectively referred hereto as “NOMS” “we” or “us” and “you” or “user” means you as any user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, NOMS Payment Terms, found here (“Payment Terms”), and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the NOMS Services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. NOMS Digistore makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Overview of main terms
- Purchase Process
- Software
- Prices
- Payment Terms
- Refund for the Supply of Digital Content
- Warranty
- Limitation & Liability
- Place of Performance; Jurisdiction; Applicable Law
- Miscellaneous
- Contact Information
1. Purchase Process
Placing a product, service, or subscription opportunity in the online shop does not represent a binding offer on the part of NOMS Digistore to conclude a purchase agreement with buyer. In order to complete a purchase, buyer must place the desired merchandise into the cart and then enter the order data into the order form. After selecting the shipping option and the desired payment form, and formally accepting these Terms of Use, buyer then submits a binding offer by clicking the “Buy now” button. Following the order process, buyer will receive an order confirmation from NOMS Digistore by email.
We saves the contract text for the order and buyer may print it out before sending the order to us by clicking on “Print” during the final step of the order process. We also send buyer an order confirmation and an order acceptance containing all information concerning the order to the email address indicated by buyer.
Acceptance on the part of NOMS is indicated either at the time of offer submission or by means of an explicit declaration of acceptance sent by email to buyer by the end of the third business day following the day of the order at the latest or by sending the contractual goods.
NOMS is entitled to reject contract offers without need to state the reason(s).
Offers by NOMS are non-binding and subject to change.
2. Software
In the event that a product offers use of software, such software is provided subject to the respective license terms and conditions, which (as noted above) are in addition to these Standard Business Terms.
Regardless, such software may not be used except as expressly permitted by the respective license terms and conditions and in general, may not otherwise be duplicated, adapted, translated, made available, distributed, modified, disassembled, decompiled, re-translated, or combined with other software.
3. Prices
The prices in effect at the time an order is placed are those that are applicable to such order. All prices are indicated in NGN and are understood to include VAT and applicable sales tax.
The prices do not include shipping or delivery costs; such costs will be stated separately during the ordering process. Applicable fee(s) or price(s), including the purchase price and shipping charges, is immediately due for payment.
Amounts due for payment by buyer will be identified on the order form.
4. Payment terms
NOMS offers buyers different payment method options. Currently, these are: payment by MasterCard, Visa, Card, Verve cards, USSDr, or bank transfer; all via Paystack.
If buyer acquires a product in connection with a subscription (“subscription product”), or a product or service that includes partial payments, using the NOMS order form, the transaction is deemed to include the grant of a direct debit mandate to us by buyer. The amount of payments to be made is based on the product purchased or service ordered. In such cases, the direct debit mandate applies to the relevant payment method.
Subject to the terms and conditions set forth herein, applicable refunds will be provided using the same payment method selected in connection with the original transaction. In the event of the grant of a SEPA direct debit mandate, the concurrent reversal of payment by buyer is thus not necessary. We are entitled to demand disclosure of the account holder’s personal information from the institution maintaining buyer’s account for purposes of enforcing our claims under applicable law should buyer, following the expiry of a reasonable period granted by us, not repay the amount wrongfully obtained following a reversal of payment and concurrent refund by us. Furthermore, we reserve the right to file a criminal complaint in such cases.
5. Refund for the Supply of Digital Content
We may provide a refund for digital content at our discretion. To request a refund, buyer must, within 60 days (unless otherwise indicated) of purchase, submit a refund request to our email address naijaonlinemegastores@gmail.com expressly stating the reason for the refund request.
In the event the digital content has been corrupted or does not perform as prescribed, we may offer buyer the opportunity to re-download the digital content. If a refund is issued, buyer is no longer allowed to access or otherwise use the digital content and must delete the digital content from buyer’s device. NOMS reserves the right to remove buyer’s access to digital content once a refund has been issued.
6. Warranty
Unless otherwise noted or as limited by applicable law, all goods and services are provided AS-IS and AS-AVAILABLE. Any available warranty for a product or service shall be provided with the purchase of the goods or service. In making a warranty claim, and as applicable, buyer is required to provide notice of all visible defects upon receipt of the goods or within 5 business days at the latest. Latent defects that could also not have been located in the course of an immediate inspection may only be claimed toward NOMS if we receive notice of the defect within six months of the goods leaving the supplier. In the case of legitimate complaints, NOMS is obliged, at its discretion, to effect a cure or make a replacement delivery. The warranty rights lapse if buyer does not provide us the opportunity to inspect or buyer does not immediately make the allegedly defective goods or a sample thereof available upon request. Objections related to partial deliveries do not entitle buyer to reject the remainder of the delivery. There may also be no warranty rights in the case of pre-owned products..
7. Limitation on Liability
The Online Platform is provided AS-IS and AS-AVAILABLE. Access to the Online Platform may be interrupted or limited on an occasional basis in order to perform repairs, maintenance, or to install new equipment. FURTHER, TO THE EXTENT PRODUCTS AND GOODS PURCHASED THROUGH THE ONLINE PLATFORM ARE PROVIDED BY THIRD PARTY SELLERS OR ARE OTHERWISE MANUFACTURED OR SOLD BY THIRD PARTIES, NOMS DISCLAIMS ALL LIABILITY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND GOODS. TO THE FULLEST EXTENT PROVIDED BY LAW, NOMS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, NOT EXPRESSLY SET FORTH HEREIN.
IN NO EVENT SHALL NOMS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIRD PARTY PRODUCTS OR GOODS AND THE ONLINE PLATFORM OR WITH THE DELAY OR INABILITY TO USE THE ONLINE PLATFORM, EVEN IF NOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Buyer is required to indemnify and hold NOMS harmless in relation to any breach of these Standard Business Terms by buyer.
8. Place of Performance; Jurisdiction; Applicable Law
Buyer may not use the Online Platform or any of NOMS’ data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. NOMS reserves the right to view, monitor, and record activity on the Online Platform without notice or permission from buyer. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Online Platform as well as to disclosures required by or under applicable law or related government agency actions. NOMS will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, NOMS reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Online Platform, or any portion of the Online Platform in order to protect the Online Platform or NOMS.
9. Miscellaneous
Buyer and NOMS are independent contractors.
Buyer is not entitled to assign rights under these Standard Business Terms to third parties absent our consent. Failure to insist on strict performance of any of these Standard Business Terms will not operate as a waiver of any subsequent default or failure of performance. No waiver by NOMS of any right under these Standard Business Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Standard Business Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Standard Business Terms shall continue in effect.
These Standard Business Terms (and any supplemental terms applied with the purchase of a product, service or subscription) represent the entire agreement between buyer and NOMS with respect to use of the Online Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between buyer and NOMS with respect to the Online Platform. NOMS also provides the available goods and services exclusively on the basis of these Standard Business Terms.
Buyer may access additional information regarding our privacy policy at any time under https://nomstores.com/privacy-policy-2/