Terms of Service

1. Who We Are & How to Contact Us

These Terms of Service ("Terms") govern access to and use of the AfriQex marketplace, operated by AFRIQEX Ltd ("AfriQex", "we", "us", or "our"). AfriQex is a business-to-business marketplace connecting UK business buyers with suppliers based in Kenya and other African markets.

Our registered address is 195-197, Suite Ra01 Wood Street London E17 3NU United Kingdom. You can contact us at info@afriqex.com.

2. Acceptance of These Terms

By creating an account, accessing the website, browsing products, placing an order, listing products, or otherwise using our marketplace and related services (together, the "Services"), you agree to be legally bound by these Terms and all policies referenced in them, including our Privacy Policy and Cookie Policy.

If you do not agree to these Terms, you must not use the Services. We may amend these Terms from time to time by posting an updated version with a new "Last Updated" date. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

3. Business-Only Marketplace

AfriQex is intended for business users only. Buyers must purchase for business, trade, professional, manufacturing, wholesale, resale, or commercial purposes. The Services are not intended for personal, household, or consumer purchases.

• Buyers must be businesses, sole traders, partnerships, companies, public sector bodies, charities, or other organisations purchasing for business purposes.
• Sellers/Suppliers must be businesses or business operators lawfully able to supply the products they list.
• You must be at least 18 years old and authorised to bind the business or organisation you represent.

Nothing in these Terms excludes any rights that cannot lawfully be excluded. If a user is legally treated as a consumer despite our business-only onboarding, mandatory consumer rights may still apply.

4. Our Role as Marketplace and Merchant of Record

AfriQex operates a B2B marketplace. Unless we expressly state otherwise at checkout or in the order confirmation, AfriQex acts as the contracting marketplace and merchant of record for Buyer orders. This means the Buyer places the order with AfriQex, and AfriQex arranges fulfilment through independent Sellers/Suppliers and logistics partners.

Sellers/Suppliers are independent businesses. They are not employees, agents, partners, or representatives of AfriQex. AfriQex is not the manufacturer of products supplied by Sellers/Suppliers unless expressly stated.

AfriQex may set platform rules, product requirements, onboarding checks, pricing rules, import options, payment rules, documentation requirements, and settlement processes. We may remove listings, suspend accounts, cancel orders, withhold settlements, or require further documents where necessary for legal, compliance, risk, logistics, or quality-control reasons.

5. Account Registration and Verification

You must provide true, accurate, complete, and up-to-date information. We may request additional information before allowing you to place orders, list products, receive settlement, or continue using the Services.

• Buyer information may include business name, company number, VAT number, billing address, delivery address, GB EORI number, customs broker details, business activity, intended product use, and authorised purchaser details.
• Seller/Supplier information may include business registration, tax details, beneficial ownership information, bank details, product documents, export documents, sanctions screening information, and other due diligence information.
• You are responsible for maintaining account confidentiality and for all activity under your account.
• We may refuse, suspend, or terminate accounts where information is incomplete, inaccurate, misleading, unverifiable, or presents a legal or commercial risk.

6. Buyer Obligations

Buyers must provide accurate business, billing, delivery, import, and customs information. Buyers are responsible for ensuring that products ordered are suitable for their intended business use and lawful for import, storage, resale, manufacture, or use in the United Kingdom.

• You must provide correct delivery details, receiving contact details, opening hours, and any information required by the carrier or customs broker.
• You must provide your GB EORI number or customs broker details where you choose to act as importer of record.
• You must pay all amounts due for orders, including product price, delivery charges, import charges, applicable taxes, duties, clearance charges, and other charges shown at checkout or confirmed later by customs or the carrier.
• You must not purchase products for unlawful purposes or for use in goods, applications, or markets where the product is not legally or technically suitable.
• You must inspect goods promptly after delivery and notify us of any issue within the timeframes stated in these Terms or our Returns Policy.

7. Seller/Supplier Obligations

Sellers/Suppliers must ensure that all products, listings, documents, packaging, labelling, export information, and commercial information are accurate, complete, lawful, and suitable for B2B supply into the UK market.

• Accurate listings: You must provide accurate product titles, descriptions, images, prices, availability, lead times, ingredients/composition, botanical names where relevant, country of origin, HS codes where requested, dimensions, weight, shelf life, storage requirements, batch/lot information, and any restrictions.
• Documentation: You must provide documents requested by AfriQex, Buyers, logistics partners, customs authorities, or regulators. This may include Safety Data Sheets, Certificates of Analysis, Certificates of Origin, commercial invoices, packing lists, export documents, test reports, specifications, and batch records.
• Compliance: You must comply with applicable laws in your country and with UK requirements relevant to the product, including product safety, chemical classification, labelling, packaging, restricted substances, export controls, sanctions, anti-bribery, and anti-corruption laws.
• No misleading claims: You must not make medicinal, therapeutic, cosmetic, food, organic, sustainability, or origin claims unless those claims are lawful, supported by evidence, and approved for use on the marketplace.
• Packaging and dispatch: You must package goods securely, comply with carrier restrictions, label shipments accurately, and make goods available for collection or dispatch within agreed timeframes.
• Quality and traceability: You must maintain records sufficient to trace products by batch/lot and assist with recalls, investigations, complaints, customs queries, and product safety issues.
• Indemnity: You are responsible for your products, listings, documents, claims, and conduct, and you agree to indemnify AfriQex as described in Section 25.

8. Essential Oils and Product-Specific Requirements

Essential oils and related natural products may be regulated depending on their composition, classification, labelling, packaging, intended use, claims, and destination market. Sellers/Suppliers must provide all product-specific documents requested by AfriQex before a product is listed or shipped.

• Safety Data Sheets may be required for hazardous substances, mixtures, or products supplied for workplace use.
• Certificates of Analysis, batch/lot details, origin documents, allergen information, ingredient/composition data, and storage instructions may be required.
• Products must not be presented as medicines, cosmetics, food, feed, biocides, or therapeutic products unless AfriQex has approved that category and the Seller/Supplier has provided evidence of compliance with the relevant rules.
• AfriQex may reject, delist, quarantine, recall, or suspend products where documents are missing, inaccurate, expired, inconsistent, or raise safety, quality, customs, or legal concerns.

9. Orders, Pricing and Availability

Product availability, lead times, and prices may change. We may refuse, cancel, or amend an order where a listing contains an obvious error, a product is unavailable, payment fails, fraud is suspected, documents are missing, import information is incomplete, or fulfilment would breach law, carrier restrictions, sanctions, or platform policy.

Prices may exclude or include delivery, import VAT, duties, customs clearance fees, and other import charges depending on the import option selected at checkout. The checkout page and order confirmation will state the applicable charges and import option as clearly as possible.

10. Payments and Payment Providers — TBC

Payment processing providers are to be confirmed and may include Stripe, Thunes, or other regulated payment, payout, acquiring, banking, or treasury partners (each a "Payment Partner"). Payment availability, supported payment methods, settlement timing, currency conversion, chargebacks, refunds, and fraud checks may depend on the relevant Payment Partner.

By placing an order or receiving settlement, you agree to comply with any applicable Payment Partner terms, onboarding requirements, acceptable use rules, sanctions screening, fraud checks, and payment rules. We do not store full card numbers on our servers.

We may refuse, delay, cancel, refund, or investigate payments where required by law, Payment Partner rules, card scheme rules, risk controls, chargeback management, fraud prevention, sanctions screening, or platform policy.

11. Seller/Supplier Settlement

AfriQex may settle amounts owed to Sellers/Suppliers after deducting applicable platform fees, refunds, chargebacks, adjustments, shipping costs, import-related costs, penalties, taxes, withholding, or other amounts owed to AfriQex or Buyers.

Seller/Supplier settlement is a scheduled supplier payment process, not a wallet, stored-value account, e-money account, or on-demand withdrawal service. Unless expressly agreed otherwise, settlements are made on the settlement cycle stated in the Seller/Supplier dashboard, supplier agreement, or payout statement.

AfriQex does not hold Seller/Supplier funds and is not in the flow of funds for settlement. Buyer payments are received and held by a regulated Payment Partner, which pays amounts due to a Seller/Supplier into the payout account that Seller/Supplier registers with that Payment Partner. AfriQex instructs settlement on the published cycle; it does not operate accounts holding Seller/Supplier money, and no Seller/Supplier may request early or on-demand payment of amounts that are not yet due.

Amounts owed are held for a clearance period, stated in the Seller/Supplier dashboard, before becoming eligible for settlement. The clearance period covers returns, disputes, refunds and chargebacks that would reduce or reverse the amount owed. Eligible amounts below the stated minimum settlement amount carry forward to a later settlement run.

AfriQex may delay, withhold, offset, or reverse settlement where necessary due to refunds, disputes, chargebacks, suspected fraud, product complaints, customs issues, missing documents, legal risk, sanctions screening, Payment Partner requirements, or breach of these Terms.

12. Shipping, Delivery and Logistics — Aramex

International logistics from Kenya and other African markets to the UK may be fulfilled by Aramex and/or other logistics partners. Delivery timelines are estimates only and may be affected by collection, export clearance, customs processing, import clearance, weather, strikes, carrier disruptions, inspections, missing documents, or events outside our reasonable control.

Buyers and Sellers/Suppliers must provide all information and documents required by AfriQex, Aramex, customs authorities, or other logistics partners. This may include commercial invoices, packing lists, HS codes, product descriptions, country of origin, EORI numbers, VAT numbers, contact details, product documents, and customs instructions.

Risk of loss or damage passes as stated at checkout, in the order confirmation, or under the applicable delivery terms. AfriQex may assist with carrier claims, but claim outcomes depend on carrier rules, evidence, exclusions, insurance, and time limits.

13. Import Options, Duties, VAT and Customs Charges

Because products may be shipped internationally from Kenya or another African country to the United Kingdom, import VAT, customs duties, courier clearance fees, brokerage fees, storage charges, inspection fees, and other import charges may apply.

13.1 Use My Business EORI

If the Buyer selects "Use my business EORI" or a similar option, the Buyer acts as importer of record or arranges import through its customs broker. The Buyer is responsible for providing a valid GB EORI number or broker details and for paying import VAT, customs duties, clearance fees, and other import-related charges.

13.2 AfriQex Managed Import

If the Buyer selects "AfriQex managed import" or a similar option, AfriQex will arrange import charge handling for that order. Estimated import VAT, duties, courier clearance fees, and other import-related charges may be included at checkout, added to the order total, or invoiced separately if the final charges are confirmed later by customs, Aramex, or another logistics partner.

Estimated import charges are not guaranteed unless expressly stated. Final charges may vary due to customs valuation, HS classification, exchange rates, duty rates, freight charges, insurance, inspections, or decisions made by customs authorities or carriers.

13.3 Refusal, Delays and Failed Clearance

If a shipment is delayed, returned, abandoned, destroyed, seized, or charged additional fees because the Buyer provided incorrect information, failed to provide import information, refused import charges, failed to respond to customs or carrier requests, or selected an unsuitable import option, AfriQex may deduct resulting costs from any refund or credit, unless prohibited by law.

14. Cancellations, Returns and Refunds — B2B

AfriQex is a B2B marketplace. Unless expressly stated otherwise, we do not offer change-of-mind returns for correctly supplied business purchases. Returns, replacements, credits, or refunds may be available where goods are faulty, damaged, incorrect, not as described, materially off-specification, unsafe, non-compliant, or missing required documents.

• Buyers must inspect goods promptly on delivery and report visible damage, leakage, incorrect items, missing quantities, or delivery issues within 48 hours of delivery.
• Quality, specification, contamination, documentation, or batch issues must be reported within 7 days of delivery, or as soon as reasonably possible where the issue could not reasonably have been identified earlier.
• Essential oils and similar goods must normally be returned unopened, unused, sealed, stored correctly, and in original packaging unless AfriQex agrees otherwise.
• Opened, used, mixed, diluted, relabelled, repackaged, contaminated, or improperly stored goods are not returnable unless AfriQex confirms there is a fault, misdescription, safety issue, contamination issue, or legal non-compliance.
• AfriQex may offer replacement, repair, refund, partial refund, credit note, collection, inspection, investigation, or another remedy depending on the issue.

Nothing in these Terms excludes liability or remedies that cannot lawfully be excluded, including remedies for goods that do not meet mandatory quality, description, safety, or title requirements.

15. Product Complaints, Recalls and Safety Issues

Buyers and Sellers/Suppliers must notify AfriQex immediately of any product safety issue, suspected contamination, adulteration, mislabelling, incorrect documentation, adverse reaction, regulatory concern, recall, customs issue, or complaint that could affect users, workers, customers, regulators, or the marketplace.

AfriQex may investigate, suspend sales, request documents, contact logistics partners, notify Buyers, notify Sellers/Suppliers, issue refunds or credits, remove products, coordinate returns, or take other steps we consider necessary to protect safety, comply with law, or manage commercial risk.

16. Reviews and User Content

You may post reviews, messages, product questions, documents, images, and other content where permitted by the Services. Content must be truthful, lawful, accurate, and not misleading, defamatory, infringing, abusive, obscene, hateful, or otherwise objectionable.

You grant AfriQex a worldwide, royalty-free, sublicensable licence to use, reproduce, adapt, display, moderate, and distribute your content for operating, improving, protecting, and promoting the Services.

If you believe content infringes your rights or breaches these Terms, contact info@afriqex.com with relevant details.

17. Intellectual Property

The Services, AfriQex brand, software, design, text, graphics, interfaces, and other platform materials are owned by AfriQex or our licensors and are protected by intellectual property laws. You may not copy, modify, distribute, reverse engineer, scrape, or create derivative works from the Services except as permitted by law or with our prior written consent.

Sellers/Suppliers warrant that they own or have permission to use all listing content, product images, documents, trade marks, logos, and other materials they upload.

18. Prohibited Uses and Prohibited Items

• Illegal, unsafe, counterfeit, stolen, recalled, or restricted goods.
• Products requiring licences, permits, approvals, registrations, or certifications that have not been obtained.
• Goods prohibited or restricted by AfriQex, Aramex, Payment Partners, customs authorities, sanctions rules, export controls, or applicable law.
• Misleading product claims, false origin claims, fake certificates, inaccurate HS codes, undervaluation, or customs misdescription.
• Use of the Services for fraud, money laundering, bribery, sanctions evasion, tax evasion, counterfeit trade, IP infringement, or other unlawful activity.
• Attempts to bypass platform fees, manipulate ratings, interfere with the Services, scrape data, or misuse another user's account.

19. Privacy, Cookies and Data Protection

We process personal data in accordance with applicable data protection laws, including UK GDPR where applicable. Please read our Privacy Policy and Cookie Policy.

We may process account, business, payment, order, logistics, customs, support, fraud-prevention, and compliance information. We may share relevant information with Payment Partners, logistics partners including Aramex, customs brokers, professional advisers, regulators, fraud-prevention providers, and other parties where necessary to operate the Services, fulfil orders, comply with law, or protect our rights.

We use Amazon Web Services (AWS) and other service providers to host and operate the Services. Cross-border transfers may occur where necessary, and we will use appropriate safeguards where required by law.

20. Platform Fees, Taxes and Adjustments

AfriQex may charge platform fees, commissions, service fees, logistics-related charges, import-management charges, payment processing charges, foreign exchange charges, and other charges shown at checkout, in supplier terms, or in payout statements.

Each party is responsible for its own taxes unless applicable law or AfriQex policy requires otherwise. AfriQex may collect, withhold, report, or remit taxes where required by law, Payment Partner rules, or marketplace policy.

21. Service Availability

We aim to provide reliable Services but do not guarantee uninterrupted, error-free, or always-available access. We may suspend, restrict, or modify the Services for maintenance, security, legal compliance, operational reasons, or to address misuse.

22. Warranties and Disclaimers

Except as expressly stated in these Terms or required by law, the Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, secure, error-free, or that all product content, documents, delivery timelines, or customs estimates will be complete, accurate, or current at all times.

Buyers are responsible for checking product suitability for their intended business use, including technical, regulatory, labelling, storage, manufacturing, resale, or downstream-use requirements.

23. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of title obligations, or any liability that cannot be limited or excluded by law.

Subject to the paragraph above, AfriQex will not be liable for indirect, special, incidental, punitive, or consequential losses, or for loss of profit, revenue, goodwill, business opportunity, data, or anticipated savings.

Subject to the paragraphs above, AfriQex's total aggregate liability arising out of or relating to the Services in any 12-month period will not exceed the greater of: (a) £100; or (b) the total platform fees paid to AfriQex by you in that 12-month period.

24. Disputes and Resolution

If you have an order issue, contact AfriQex support through your account or at info@afriqex.com. We may ask for photos, documents, packaging, batch details, carrier information, customs communications, or other evidence.

We will try to resolve disputes commercially and fairly. We may decide whether to issue a refund, replacement, credit, settlement adjustment, or other remedy in accordance with these Terms, applicable law, evidence provided, and platform policy.

25. Indemnification

You agree to indemnify and hold harmless AfriQex, our affiliates, officers, directors, employees, contractors, and agents from and against claims, losses, damages, liabilities, costs, and expenses arising out of or relating to:

• your breach of these Terms or applicable law;
• your misuse of the Services;
• your inaccurate, incomplete, or misleading information;
• your products, listings, documents, claims, or content;
• customs issues caused by your incorrect information or omissions;
• payment disputes, chargebacks, fraud, or tax issues caused by you;
• any dispute between you and another user, supplier, buyer, carrier, broker, or third party.

26. Compliance Statements

• Sanctions and export controls: You warrant that you are not subject to sanctions and will not use the Services for restricted or prohibited transactions.
• Anti-bribery and corruption: You must comply with the UK Bribery Act 2010 and all applicable anti-bribery and anti-corruption laws.
• AML, fraud and risk checks: We may perform checks, request documents, screen users, block transactions, or suspend accounts where required by law, Payment Partner rules, risk policy, or platform policy.
• Product safety: Sellers/Suppliers must comply with applicable product safety, chemical, labelling, packaging, documentation, and recall obligations.
• Customs compliance: Buyers and Sellers/Suppliers must not undervalue goods, misstate origin, use false HS codes, omit documents, or provide misleading customs information.

27. Electronic Communications

You consent to receive communications from us electronically, including by email, account notifications, in-app messages, order updates, support messages, compliance requests, and policy notices. You agree that electronic communications satisfy any legal requirement that such communications be in writing, unless mandatory law requires otherwise.

28. Suspension and Termination

We may suspend, restrict, or terminate access to the Services, remove listings, cancel orders, pause settlements, or withhold funds where we reasonably believe there has been a breach of these Terms, legal risk, payment risk, customs risk, product safety risk, fraud, misuse, sanctions concern, or other risk to AfriQex, users, Payment Partners, logistics partners, or the public.

You may close your account at any time, subject to completing any outstanding orders, returns, payments, refunds, settlements, investigations, or legal obligations. Provisions intended to survive termination will continue to apply.

29. Governing Law and Jurisdiction

These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where mandatory law provides otherwise.

30. Miscellaneous

• Severability: If any provision is invalid or unenforceable, the remaining provisions remain in force.
• No waiver: Failure to enforce a provision is not a waiver of that provision.
• Assignment: We may assign or transfer our rights and obligations. You may not assign your rights or obligations without our prior written consent.
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including customs delays, government action, carrier disruption, strikes, war, civil unrest, cyber incidents, natural disasters, or internet outages.
• Entire agreement: These Terms and referenced policies form the entire agreement between you and AfriQex regarding the Services.
• Language: If these Terms are translated, the English version controls in case of conflict.

31. Contact

AFRIQEX Ltd
Email: info@afriqex.com
Registered Address: 195-197, Suite Ra01 Wood Street London E17 3NU United Kingdom

32. Early Access Phase

AfriQex is operating an early access phase while our payment service provider and logistics arrangements are being finalised. During this phase:

• the marketplace is open for browsing, account registration, seller onboarding, product listing, and saving products to a wishlist;
• online ordering, checkout, payment, seller settlement and shipping are not available, and no order can be placed and no contract of sale can be formed through the marketplace;
• saving a product to a wishlist is not an order, an offer, a reservation of stock, or a commitment to buy or sell by anyone, and creates no obligation on you, on a seller, or on AfriQex;
• prices, stock levels, availability and lead times shown on listings are indicative only during this phase and may change before ordering opens; and
• Sections 9 to 14 (Orders, Pricing and Availability; Payments and Payment Providers; Seller/Supplier Settlement; Shipping, Delivery and Logistics; Import Options, Duties, VAT and Customs Charges; Cancellations, Returns and Refunds) are suspended and take effect only when the marketplace opens for ordering.

All other Sections — including account registration and verification, your obligations, product compliance requirements, prohibited uses, privacy and data protection, intellectual property, and our rights to suspend or terminate an account — apply in full during the early access phase.

We will publish an updated version of these Terms, with this Section amended or removed, before the marketplace opens for ordering. Where you have opted in, we may email you to tell you that ordering has opened; you can withdraw that opt-in at any time from your wishlist or by contacting us.