OYATO TERMS AND CONDITIONS
1. Item(s) on Oyato website and App are to be purchased on instalment, however, a Buyer who desires to buy outrightly may select the shortest instalment plan for a one-off payment. Buyer(s) may change a chosen instalment plan anytime before the delivery of the item(s) is processed
2. All orders for purchase are subject to approval.
3. The Instalment Plan allows a buyer to pay for an order in 3 consecutive instalments after making a 40 percent initial deposit towards the cost of the item . The instalment payment plan is detailed below.
You make a purchase using the Oyato online shopping app and opt for either Buy Now or Pay later at checkout. Oyato Pay Later allows you to split your payment in 40-20-20-20.
Any duration for payment must run its course and the duration cannot be reviewed by the Buyer once item(s) has been processed for delivery.
4. Instalment plans attracts a 7.5 percent admin fee which is added to the Buy Now Pay later price of the item. There are no other hidden costs.
5. To subscribe to an Installment Plan on OYATO, Buyer is required to:
I. Register (if already registered then sign in) on the OYATO website or App
II. Once logged in, all available items are listed in the marketplace.
III. Browse through the listed Item(s) and select your desired Item(s).
IV. Follow the prompts to choose your instalment plan and provide other required details, then proceed to start your instalment.
§ Please note the following
§ Buyer(s) must add his/her payment card details to enable OYATO automate payment, failure to do so shall mean that buyer is NOT entitled to delivery of his/her item until the total instalment has been completed.
§ Buyer(s) who fail to add payment card details or meet other delivery conditions shall not be entitled to delivery of ordered Item(s) until the total initial instalment payment has been completed.
6. Successful subscription to an instalment payment plan is subject to OYATO approval. A Buyer(s) on approved subscription for instalment payment plan hereby agrees as follows:
I. Not to travel out of Nigeria during the pendency of an active instalment payment plan. Failure to comply with this paragraph means the Buyer shall not be entitled to delivery of ordered Item(s) until the total instalment has been fully completed.
II. To PERSONALLY take delivery of the ordered Item(s) AT THE REGISTERED ADDRESS. Delivery SHALL NOT be made to any person other than the actual Buyer(s), and SHALL NOT be delivered to the actual Buyer(s) at any address other than the registered address on record with OYATO.
III. The delivered Item(s) shall, at all time during the pendency of an active instalment plan, be kept at the delivery address and shall be provided by the Buyer(s) to the OYATO team for inspection as and when required until the instalment is fully completed.
IV. To complete all instalment payments before giving out any Item(s) ordered from and delivered by OYATO as a gift. Take note that a defaulting Buyer(s) who is unable to promptly return the ordered Item(s) in line with Clause 10 paragraphs (i) to 10(iv) because he/she has given out the ordered Item(s) as a gift shall be liable to be charged for fraud and criminal conversion as indicated in Clause 10(ix).
V. To GIVE Oyato the authorisation to deduct the required payments from the payment card for the entire duration of the pay later agreement.
7. Failure to pay an instalment sum on or before the due date(s) entitles OYATO to terminate an active instalment plan seek repossession of the ordered goods. Once OYATO repossesses the good/s and after checking to make sure the said item is in good condition, OYATO will seek to resell the items to regain our funds.
8. Buyer(s) may make payment any time before the due date; however, payments will be automatically attempted on the scheduled dates from a buyer’s registered card. Where a Buyer(s) fails to process instalment payment on or before the due date, and where automatically attempted payment for such Buyer(s) fails, the payment will be attempted on a weekly basis until the funds are collected.
9. Buyer(s) shall be eligible to have ordered Items(s) delivered 15 days after the midpoint of chosen instalment plan, provided that 50% of the price of the ordered Item(s) has been paid. PLEASE NOTE THAT A BUYER WILL BE ELIGIBLE TO HAVE ITEM(S) DELIVERED ONLY IF THE BUYER HAS PAID THE 40% INSTALMENT SUM AS AND WHEN DUE. FAILURE TO SATISFY THIS REQUIREMENT SHALL OPERATE TO POSTPONE DELIVERY OF ORDERED ITEM(S) TO WHEN THE FIRST INSTALMENT IS FULLY COMPLETED. Notwithstanding the delivery of ordered Item(s) to the Buyer(s); the following terms shall be applicable at all times during the pendency of an active instalment plan:
0. All Item(s) purchased on Instalment Plan remain property of OYATO until Buyer(s) complete all instalment payment. For the avoidance of all doubt, OYATO’s ownership of all ordered Item(s) subsists even after Item(s) has been delivered to the Buyer(s) and OYATO’s ownership in the delivered Item(s) shall continue to subsist until Buyer(s) fully complete the installment payment.
1. For all intent and purposes, Buyer(s) are deemed as lendees of the delivered item(s) with a right to purchase same and the instalment sum paid is deemed as rent payable for the use of such Item(s) until the full purchase price is fully paid up.
2. A Buyer who fails to complete the installment payment as and when due shall lose the right to purchase the affected Item(s) and shall become immediately obligated to return the Item(s) if already delivered to him/her.
3. Upon becoming obligated to return the Item(s), OYATO reserves the right to retrieve such Item(s) from the possession of such Buyer(s) without first seeking or obtaining the consent of the Buyer(s).
4. OYATO shall be entitled to exercise the right of retrieval without making any recourse to court, or obtaining any court order, police order or any other administrative order whatsoever.
5. OYATO may demand return of delivered Item(s) -
I. virtually by sending emails or placing phone-calls to the Buyer(s), or
II. physically by sending OYATO Recovery Agents to visit the Buyer(s) designated address to demand a return of the delivered Item(s).
6. Upon demand by OYATO, defaulting Buyer(s) hereby agrees to promptly return all affected Item(s) to OYATO’s office designated for such returns within 48 hours of demand by email or phone call, or the Buyer(s) shall immediately deliver the affected Item(s) to OYATO Recovery Agents upon the Recovery Agents visit the Buyer’s designated address for such recovery.
7. A Buyer who fails to promptly return or deliver up the affected Gadget(s) as stated above shall be sued for criminal conversion and shall be liable to pay the cost of litigation as well as attorney’s fee for himself/herself as well as OYATO. This is in addition to all other rights which OYATO may exercise against the defaulting Buyer.
10. Delivery of Item(s) purchased on Installment Plan is subject to availability of the ordered Item(s) as at the start of the chosen installment plan when 40% deposit of the purchase price have been paid and not the availability on the date Item(s) were ordered. In the event that the ordered Item(s) is no longer available as at when OYATO receives the orders, Buyer(s) shall be requested to choose other Item(s) within the range or category of the Item(s) ordered from a list of Item(s) in the marketplace on the OYATO website and App; alternatively, the Buyer(s) may be requested to wait a certain period during which period OYATO shall make reasonable effort to procure the ordered Item(s) to be delivered to the Buyer(s) in line with OYATO delivery policies.
11. The price payable on Item(s) purchased on Installment Plan shall be the current price of the Item(s) as listed on the OYATO App. OYATO reserves the right to review the purchase price of any ordered Item(s) either upward or downward provided that a downward review of the purchase price shall be possible only before the Buyer(s) reaches the midpoint of his/her chosen installment plan and not thereafter. In the event of an upward review of the purchase price, the Buyer(s) shall be notified to accept the difference in the price of the ordered Item(s) before the ordered Item(s) will be processed for delivery to the Buyer. Please note that the upward or downward review of a purchase price is completely at OYATO’s discretion, and OYATO shall only be obligated to deliver ordered Item(s) which purchase price has been reviewed ONLY IF the Buyer(s) agrees to pay the difference in the reviewed price of the ordered Items(s) as stated in this paragraph and fulfils all other terms and conditions of OYATO.
12. a)BUYER(S) MUST ENSURE THAT EACH PAYMENT SHALL BE MADE ON OR BEFORE ITS DUE DATE IN ORDER TO SUCCESSFULLY COMPLETE THE INSTALMENT PLAN AND RECEIVE THE ORDERED ITEM(S) ACCORDING TO THE TERMS AND CONDITION HEREIN CONTAINED. b) FAILURE TO MAKE ANY PAYMENT AS AND WHEN DUE SHALL AMOUNT TO AUTOMATICALLY TERMINATING THE INSTALMENT PLAN WITHOUT ANY RECOURSE TO THE BUYER WHOSE INSTALMENT PLAN WAS TERMINATED. c) BUYER(S) FURTHER UNDERSTANDS THAT REFUND OF ANY INSTALMENT PAYMENTS MADE PRIOR TO THE TERMINATION DATE FORFEITED AS THE CONTRACT SIGNED HAS BEEN BREACHED. d) BUYER FURTHER UNDERSTANDS THAT FAILURE TO MAKE ANY PAYMENT BY ITS DUE DATE WILL RESULT IN HIS OR HER ELIGIBILITY TO SUBSCRIBE TO AN INSTALLMENT PLAN BEING QUERIED AND SUCH BUYER(S) SHALL NO LONGER BE ABLE TO SUBSCRIBE TO ANY OTHER INSTALMENT PLAN UNLESS THE BUYER GIVES SUFFICIENT REASON TO OYATO AND IS SUBSEQUENTLY CLEARED BY A OYATO AGENT AFTER CONSENTING TO BEING CHARGED ACCORDING TO THE TERMS AND CONDITIONS THAT MAY BE COMMUNICATED TO THE BUYER(S) AT THE RELEVANT TIME. TO ALL INTENT AND PURPOSES, THE ORDERED ITEM(S) SHALL NOT BE DELIVERED TO A DEFAULTING BUYER(S) UNTIL THE INSTALLMENT PAYMENT IS FULLY PAID. e) IN THE EVENT OF REFUND, NO REFUND SHALL BE PAID EARLIER THAN 30 DAYS FROM THE DATE OF TERMINATION OF INSTALLMENT PAYMENT WHETHER TERMINATION WAS DUE TO THE BUYER’S REQUEST OR BUYER’S FAILURE TO COMPLY WITH THE TERM OF INSTALMENT PLAN PRIOR TO DELIVERY OF ITEM(S). f)FAILURE TO COMPLY WITH THE TERMS OF INSTALLMENT PAYMENT PLAN AFTER ORDERED ITEM(S) HAS BEEN DELIVERED TO BUYER(S) SHALL BE TREATED AS FOLLOWS:
THE ITEM(S) DELIVERED SHALL BE RETRIEVED FROM THE BUYER IN LINE WITH THE TERMS CONTAINED IN PARA 10 SUB-PARA (1) TO (9).
1. THE ITEM(S) SHALL BE SOLD OFF AS USED ITEM(S) AT AUCTION. OYATO IS NOT UNDER ANY OBLIGATION TO EXERCISE ANY DUTY OF CARE WHATSOEVER IN SELLING THE USED ITEM(S).
2. YOUR FORFEIT THE ITEMS YOU WERE SOLD ON INSTALMENTS WHEN YOU MISS YOUR MONTHLY PAYMENT. THE ITEM WILL BE RETRIEVED FROM YOU AND SOLD AT AUCTION AT A REDUCED PRICE.
3. THERE IS NO REFUND TO BE PAID BACK TO THE CUSTOMER ONCE THIS HAPPENS AND THE ITEM IS SOLD.
14. . OYATO is not obligated to join in any promo sales or season nor is it obligated to run discounted sales, clearance sales, discount, bonus, bonanza or promo sales for any Item(s) listed on the OYATO app; however, OYATO may exercise its discretion to join or run promotions as it deems fit.
14. Subscription to any purchase plan on OYATO app shall mean that the Buyer(s) (subscriber) has accepted the terms and conditions of OYATO, by which acceptance the Buyer(s) also represents and warrants that he/she is eligible to subscribe to the Installment Plan. Subscription to the Instalment Plan services shall be void where Buyer(s) (subscriber) is found to be ineligible.
Eligibility Requirements
To be eligible to subscribe to the Installment Plan, a buyer must:
1. Be a registered user of the OYATO App.
2. Be 18 years old and above
3. Be resident in Nigeria
4. Be capable of entering into a legally binding contract
5. Have a valid and verifiable email address and mobile telephone number
6. Have a valid and verifiable means of identification which must be any of
1. Drivers License
2. Permanent Voters Card
3. National Identification Card that clearly shows the National Identification Number (NIN) of the holder
4. International Passport
7. Provide a valid delivery address in Nigeria; and
8. Be an authorized holder of an eligible Naira debit/MasterCard or any other card valid for payment and must have the authority to use the payment method provided.
9. Must be willing to have the payment card details added to his/her account for payment automation.
Oyato and all associated brands are owned by Simplicity International Services Nig Ltd,
Simplicity International Services Ltd is a registered company in Nigeria with Registration number (RC1420618) located at Suite 36 Markidor Plaza, 156 Alaba drive, Ojo, Lagos State.
DISCLAIMER
OYATO is not into manufacturing of any product whatsoever, hence no Item(s) listed on OYATO App is/was manufactured, produced or assembled by OYATO. OYATO shall not be liable to any Buyer(s) for error, defects, any damages suffered by such Buyer(s) as a result of coming in contact with or using any such item(s) purchased from OYATO App. All item(s) listed on the OYATO app contains the description of the respective manufacturers who shall be liable for any errors, defects, or damages suffered by such users in line with the respective manufacturer’s terms and conditions for such liability.