Legal Agreement

Terms of Use Agreement

Section 3 of LUXSAL's policy suite explains how the marketplace operates, who may use it, how escrow works, and how disputes are resolved under Nigerian law.

3.1

Nature of Service & Parties

LUXSAL's role is strictly that of a technology intermediary and marketplace facilitator as defined under FCCPA Section 124. We provide the digital infrastructure, payment escrow, trust and safety tools, and dispute resolution framework.

LUXSAL is not the manufacturer, wholesaler, retailer, consignor, distributor, or supplier of any goods listed by Sellers, unless a product is expressly listed under a LUXSAL-owned storefront. Consequently, all contracts for the sale and purchase of goods are formed exclusively between the Buyer and the Seller at the point of checkout.

LUXSAL is not a party to, does not guarantee, and bears no responsibility for the performance of any such contract. This limitation is critical to shield LUXSAL from vicarious liability for defective goods, Seller fraud, or non-delivery, consistent with FCCPC E-Commerce Guidelines.

3.2

Eligibility and Legal Capacity

Use of the Platform is restricted to individuals who are at least 18 years of age and possess full legal capacity to enter into binding contracts under Nigerian law. For corporate or business accounts, the person registering warrants that they have actual authority to bind the entity.

By registering, you represent and warrant that all information provided during onboarding is true, accurate, current, and complete. You further warrant that you will not use the Platform for any unlawful purpose, including fraud, money laundering, or sale of prohibited items. Material misrepresentation is grounds for immediate account termination.

3.3

Account Registration, Security & Suspension

You are solely and exclusively responsible for maintaining the confidentiality and security of your login credentials, OTPs, and account access. LUXSAL will never ask for your password via email or phone.

LUXSAL reserves the right, at its sole and absolute discretion, and without prior liability to you, to suspend, restrict access to, or permanently terminate any Account if we reasonably believe you have: engaged in fraudulent activity; listed counterfeit or illegal goods; provided false KYC information; violated intellectual property rights; or otherwise breached any provision of this Policy Suite. Where exigency requires, such action may be taken without prior notice to prevent harm to other Users or the Platform.

3.4

Escrow of Transaction Funds

To mitigate payment fraud and build trust, LUXSAL operates an escrow model. All Buyer payments processed through the Platform shall be held in escrow by LUXSAL or its licensed Payment Service Provider.

Funds will remain in escrow until the earlier of:

  1. 1.Buyer confirms satisfactory delivery via the Platform.
  2. 2.3 calendar days elapse after delivery confirmation without a valid dispute being filed.

The release of escrowed funds to the Seller is strictly subject to the terms in Section 8. Off-platform payments are prohibited and receive no escrow or Buyer Protection.

3.5

Dispute Resolution & Arbitration

In the event of a dispute arising from use of the Platform, Parties must first attempt good-faith amicable settlement within 3 calendar days of notice. If unresolved, and where legally permissible under the Arbitration and Mediation Act 2023, the dispute shall be finally and exclusively resolved by arbitration administered in Lagos, Nigeria, under the Rules of the Lagos Court of Arbitration "LCA".

The tribunal shall consist of one arbitrator appointed under LCA Rules. The seat of arbitration is Lagos. The language is English. The arbitral award shall be final, binding on all Parties, and may be enforced in any court of competent jurisdiction. This clause does not prevent LUXSAL from seeking injunctive relief for IP infringement or account abuse.