These BUY NOW PAY LATER (“BNPL”) TERMS AND CONDITIONS (these “Terms”) represent an agreement between you and ALERZO LIMITED, a company incorporated under the laws of the Federal Republic of Nigeria, with RC Number:1629891 and its principal address at Alerzo Place, Plot 6, Block H, Ring Road, M.K.O. Abiola Way, Ibadan, Oyo State, and contain the terms and conditions governing our provision of a Payment Plan to you for the purchase of goods from AlersoShop, as further described below.
“You” and “your” refers to you as a registered retailer on the e-commerce website/mobile application owned and operated by us (“AlerzoShop”). “Alerzo”, “we”, “us” and “our” mean Alerzo and its successors, affiliates and assignees (and any person who acquires your Payment Plan from us).
You acknowledge that you have read, agreed with, and accepted all terms and conditions contained in these Terms. In consideration of the promises and the respective representations, warranties, covenants, agreements and conditions contained below and on the following pages, you and Alerzo enter into these Terms and agree with, and accept, the Terms set forth herein.
Alerzo offers goods for sale to retailers on AlerzoShop. In addition, Alerzo offers supporting services to empower registered retailers and ease their operations.
Alerzo offers BNPL payment options to eligible retailers, by which they may pay for goods purchased from AlerzoShop on a deferred basis. Under the BNPL service, Alerzo offers various payment options for purchased goods, which may include payment in instalments or in one lump sum at a later date (these payment options are collectively and interchangeably, as context requires, referred to as the “Payment Plan”).
Subject to you fulfilling the Eligibility Requirements set by Alerzo in its sole discretion, Alerzo provides you with credit of a total principal amount not exceeding the Credit Limit applicable to you for the purchase of goods from AlerzoShop, subject to the conditions of these Terms.
The BNPL Service is offered at Alerzo’s sole discretion and Alerzo retains the right to refuse an application for a BNPL Payment Plan for any reason. The availability of a Payment Plan is subject to our approval and we may decline to enter into a Payment Plan with you or offer you alternative terms.
To qualify for a BNPL Payment Plan, you must meet the following requirements:
The Eligibility Requirements are solely for Alerzo’s benefit. Alerzo may waive, revise or amend them, in whole or in part and with or without conditions, without prejudicing our right to require subsequent fulfilment of such conditions.
Once you satisfy the Eligibility Requirements set by Alerzo, the corresponding Credit Limit will be set out in your AlerzoShop Account. You must maintain the Eligibility Requirements to remain qualified for BNPL payment options.
The Payment Plan available to each eligible retailer is subject to a credit limit based on the ABV of the retailers in the preceding 90 (ninety) days, set as follows by Alerzo in its sole discretion for the purpose of these Terms:
We may increase or decrease the Credit Limit at our sole discretion, in whole or in part and with or without conditions.
You may withdraw, repay and redraw from the Credit Limit applicable to you under clause 4, provided that the amount of any credit withdrawal to be made at any time shall not exceed the credit availability at the time. The aggregate of all withdrawals by a retailer shall not exceed the applicable Credit Limit at any time.
Each withdrawal by you shall be a separate credit transaction with separate repayment dates and applicable interest rate. A repayment schedule with the credit transaction details, including the repayment date and applicable interest rate shall be presented to you via your AlerzoShop account before confirmation of a draw request by you (“Payment Schedule”).
Any amount prepaid or repaid by the retailer maybe redrawn by you, up to the amount available under the Credit Limit.
You will pay interest on any amount drawn in a BNPL Payment Plan. Interest payable on an amount drawn is based on your chosen repayment period. You agree to pay interest on any balance owed by you as follows:
Interest shall accrue daily and shall be payable on the repayment date set for each credit transaction.
If you fail to make any payment due under any credit transaction on the due date for payment, interest on the unpaid amount shall accrue daily, from the date of non-payment to the date of actual payment, at (xx)% above the interest rate specified in accordance with clause 5.2. Interest accrued under this clause 6.3 shall be immediately payable by you on demand by Alerzo.
You shall repay the credit provided by Alerzo for a Payment Plan on a credit transaction in full by repaying the repayment amount on the repayment date set out in the Payment Schedule provided via your AlerzoShop account.
All payments shall be in Nigerian Naira and in immediately cleared funds to Alerzo paid to the bank account set out in the Payment Schedule or the payments will be automatically deducted from your nominated (or subsequently nominated) debit card on or after the due dates.
You authorise us to process payments and any late payment interest fee(s) as applicable, using the payment method details provided by you under a Payment Plan or subsequent payment plans. You will have the option to select your payment method when you enter into the Payment Plan.
You must provide us with details of your nominated debit card or payment option when selecting your payment method. You are responsible for ensuring that you have sufficient funds in your nominated debit card or bank account. If we are unable to process a payment for any reason, including but not limited to, your nominated card being expired or cancelled or there being insufficient funds in your bank account, you are liable for late payment interest fee(s) (as specified in clause 6) and any fees and charges imposed by your nominated financial institution or card issuer (as applicable).
We are not responsible for the actions of your financial institution which may impact your compliance with a Payment Plan. You agree that neither we nor any of our service providers are responsible if your financial institution rejects a payment you make.
If you fail to make your payments in accordance with a Payment Plan and subsequently take out or seek to take out another payment plan, we have the right to and may recover from you, all amounts (including interest) owed under the defaulting Payment Plan by debiting such amounts from any debit card, bank account or other payment method you nominate under any future payment plan, until the full amounts outstanding are repaid.
If any automatic payment fails on the payment due date, you will be charged interest at provided in clause 6 (Interest). That interest (including any other late fees incurred because of other failed payments under the Payment Plan), will be added to the next payment attempt.
Alerzo may engage a third-party payment processing service to process the payments under your Payment Plan. You authorise Alerzo to provide any third-party payment processing service with your personal information (including the account or card details you have provided us, or any payment authority you complete and sign) for the purposes of processing payments under a Payment Plan.
If at any time you believe that a debit card or bank account nominated under your Payment Plan is expired, cancelled, incorrect or no longer suitable, it is your responsibility to notify us as soon as possible (you can update your details by clicking the link we will provide to you).
All payments shall be made in full, without set-off, counterclaim or condition, and free and clear of, and without any deduction or withholding tax, provided that, if you are required by law or regulation to make any deduction or withholding tax, you shall:
You represent and warrant to Alerzo that:
Each of the representations and warranties is made and deemed to be repeated by you on each date you request a Payment Plan and on the date a Payment Plan is approved by Alerzo.
In entering a Payment Plan, you agree to
Where we are unable to process a payment because of an error or failure in our systems, you will not be liable for the relevant late payment interest fee(s).
If you fail to make payments in accordance with a Payment Plan, we reserve our rights to pursue any and all actions against you that are available to us. Such actions may include debt recovery, bars or conditions on future payment plans and termination or suspension of any current payment plans you hold with us or such other actions as we consider appropriate in the circumstances (in our sole discretion).
Where you default on a Payment Plan, the Credit Limit applicable to your account will be decreased by 50% (fifty percent) for subsequent Payment Plan. If you default on a subsequent Payment Plan (second Payment Plan), your Credit Limit will be decreased by a further 25% (twenty-five percent). If you default on another Payment Plan following the second Payment Plan, you will no longer be eligible for a Payment Plan going forward and your access to the BNPL service will be revoked.
You agree to provide us with any information or documentation we reasonably request to verify your identity and assess your eligibility for a Payment Plan, including to assess your ability to make payments under a Payment Plan requested by you.
You authorise us and/or our third-party service providers, to make any enquiries, either directly or through third parties, to verify your identity, nominated payment method as well as any other payment or bank details provided by you, and assess your eligibility for and ability to make payments in relation to a Payment Plan.
All information we or our third-party service provider collects about you, including information to verify your identity, eligibility and assess your ability to make payments, will be collected, used and securely stored in accordance with our Privacy Policy.
If we agree that the underlying purchase transaction to a Payment Plan is to be refunded in full, you will not have to pay any payments related to the Payment Plan, and we will refund each payment you have made under the Payment Plan including any late fees you have paid.
If we agree that the underlying purchase transaction to a Payment Plan is to be partially refunded or credited:
If we refuse to refund the underlying purchase transaction to a Payment Plan despite you seeking a refund, or disputing the purchase, you must pay all amounts due under the Payment Plan (as applicable) without setting off the amount you believe we owe you and without counterclaiming from us, except to the extent that any right of set off, refund or credit you may have cannot be excluded under any law.
You agree to indemnify us in respect of any liability incurred by us (including but not limited to under tort, statute, equity or contract) for any loss, cost, damage, or expense we suffer as a result of your negligent, fraudulent or wrongful acts or omissions, or your breach of these Terms, but only in the proportion that represents the extent to which the loss, cost, damage or expense was caused by your negligent, fraudulent or wrongful acts or omissions.
You agree that you are using our BNPL service at your sole risk. The BNPL service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability and non-infringement, except for those guaranteed under applicable law. We make no warranty that a Payment Plan will meet your requirement or will be uninterrupted, timely, secure or error-free.
To the maximum extent permitted by law, our liability to you for all claims arising out of or in connection with this agreement shall not exceed the total value of the underlying purchase transaction, regardless of whether the liability arises under any breach of contract, tort (including negligence), or any other cause of action.
Neither party is liable to the other for any consequential or indirect loss including, but not limited to, loss of profit, loss of accrued employment rights, lost opportunity cost, loss of enjoyment.
If any provision (or part of a provision) of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision (or part of a provision) shall be deemed deleted. Any modification to or deletion of a provision (or part of a provision) under this clause shall not affect the legality, validity and enforceability of the rest of these Terms.
Alerzo may assign any of its rights under these Terms or transfer all its rights or obligations to a third party. You may not assign any of your rights or obligations under these Terms.
We may provide you with notices by email or postings on the Payment Plan dashboard on your AlerzoShop account (that you can access via the link we provide to you).
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms are for your benefit and our benefit, and is not intended to benefit or be enforceable by any third party. A third party who is not a party to these Terms has no right to enforce any term of these Terms.
These Terms and shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria.