These Terms & Conditions (“Terms”) govern your use of the website of CFMOTO Nigeria, a company registered under Nigerian law, and all transactions, services, products, and communications related thereto (collectively the “Site” or “Website”). By accessing or using this Site, placing orders, or interacting with us, you agree to be bound by these Terms, and by our Privacy Policy. If you do not agree with any of these Terms, you must not use the Site or place an order.
1. Definitions
• Customer / You / Your: Any individual or entity accessing or using the Site, placing orders, or purchasing our products.
• Goods / Products: ATVs, UTVs, accessories, parts, or other items sold via our Site.
• Warranty Period: The period, from date of delivery to you (as indicated in your invoice), during which the warranty terms apply.
• Defect / Defective: A fault or deficiency in a product which causes it to fail to conform with its description or reasonably expected quality.
2. Eligibility & Account
2.1 Eligibility. You must be at least 18 years old, or the age of legal majority in your jurisdiction, and legally capable of entering into binding contracts. If acting on behalf of a company or other entity, you represent that you have authority to bind the entity.
2.2 Account and Security. You may need to register for an account to make purchases or access certain features. You are responsible for maintaining the confidentiality of your account credentials, and for all activities under your account. Notify us immediately of any unauthorized use.
3. Product Information & Pricing
3.1 Descriptions. We strive to ensure product descriptions, images, specifications, dimensions, features, pricing, and related data are accurate. However, there may be
errors or omissions. We do not warrant that all information is completely correct, current, or free from defects.
3.2 Pricing & Errors. Prices are as posted (where applicable/if posted). If an error in price is discovered after your order, we may:
• Contact you to confirm whether you wish to proceed at the correct price, or
• Cancel the order and refund any payment made.
3.3 Order Acceptance. Your placing an order constitutes an offer to buy under these Terms. We reserve the right to accept or reject any order (in whole or in part) for reasons including but not limited to unavailability, errors in product or pricing information, or inability to deliver to your location.
3.4 Taxes, Import Duties & Duties. Unless indicated, prices exclude VAT, and other taxes or charges, which will be applied as applicable. When ordering from outside Lagos, you may need to pay additional charges as/where required.
4. Payment & Financing
4.1 Payment Methods. We accept payments via methods provided at checkout (cards, bank transfer, mobile payments, etc.). You represent that you are authorized to use
chosen payment method.
4.2 Financing / Installments (if applicable). If you opt for financing or installments:
• You must meet the credit approval or financing criteria.
• The financing may be provided by a third-party lender; their terms (interest, fees, default) apply to you.
• You remain responsible to pay all amounts due under the financing agreement even if the product is later returned (depending on circumstances).
4.3 Refunds to Payment Method. Refunds will be made to the original payment method unless otherwise agreed. Processing times may vary depending on payment provider or bank.
5. Delivery, Risk & Title
5.1 Delivery & Shipping. We will deliver products to the shipping address you provide. Any delivery date or timeframe is an estimate and not guaranteed. Delays may occur
due to customs, import regulations, transport, weather, etc.
5.2 Risk & Title. Transfer of risk (risk of loss or damage) passes to you when the goods are delivered to the carrier or upon delivery, depending on delivery terms. Title to the
product passes to you upon full payment.
6. Returns, Repairs & Refunds
In accordance with the Federal Competition and Consumer Protection Act (FCCPA) and related consumer protection laws in Nigeria:
6.1 Consumer’s Rights under Nigerian Law.
• Under FCCPA, consumers have the right to goods that are of good quality, free from defects, safe, and fit for the purpose for which they are intended.
• If products are defective, unsafe, or do not match their description, the consumer has the right to repair, replacement, or refund.
6.2 Returns due to Defect or Non-conformity.
If the Product you receive is defective, damaged, or does not match its description, you must notify us within 24hours of delivery. You may then choose one of:
• Repair, or
• Replacement with equivalent product
6.3 Refunds: Major vs Minor Defects.
• Major Defect: If the defect is such that it would have stopped someone from buying the product had they known, or it is unsafe, or not as described and cannot be remedied within a reasonable time, you have the right to request replacement or refund.
• Minor Defect: We may repair or replace; if we cannot within reasonable time, you may request a price reduction.
6.4 Returns not for “Change of Mind.”
Unless required by applicable law or specific promotional policy, returns are allowed only for defects or non-conformity. Change of mind returns or exchanges may be accepted at our discretion and may incur delivery (or other) fees.
6.5 Return Procedure.
• You must return the goods using the method we designate.
• You must provide proof of purchase (invoice, receipt, etc.).
• Products must (if reasonable) be in original packaging, with all parts, instructions, and accessories.
• We may inspect returned goods; if found not to have a defect, or damage due to misuse, you may be liable for inspection or delivery/pick up costs.
6.6 Refund Timing.
If you are entitled to a refund, we will process it within a reasonable time, usually within 30 – 45 business days after we receive the returned product or proof of defect,
whichever is earlier.
7. Warranty & Guarantee
7.1 Implied Warranty (Legal Guarantee). Under Nigerian law (FCCPA), there is an implied warranty that goods will:
• be of satisfactory quality, free from defects;
• be fit for purposes they are commonly supplied;
• conform with description, sample, or performance claims; and
• be safe.
If goods fail these requirements when delivered and we are notified with 5 business days, post our review and confirmation from the technical team regarding the issue(s) raised, you are entitled to repair.
7.2 Commercial Warranty (if offered). Terms will be specified in the warranty
documents provided with the Product.
• Warranty coverage does not apply if the product has been misused, modified, repaired by unauthorized person, or not maintained according to our instructions.
• Accessories, consumables, and wear parts may have different warranty periods.
7.3 Limitation & Exclusions. Warranty does not cover:
• Damage caused by misuse, abuse, neglect, accidents, or failure to follow operating or maintenance instructions;
• Normal wear and tear;
• Use of non-Company approved parts or accessories;
• Modifications, alterations, or improper installation;
• Use in unlawful or non-intended manner (e.g. in contravention of local laws or off-road regulation).
8. Use, Safety & Liability
8.1 Safe Operation. Products like ATVs/UTVs are inherently risky. You must follow all safety instructions, laws, and regulations in your jurisdiction. Use protective gear,
drive/operate responsibly, avoid prohibited areas, and maintain the vehicle properly.
8.2 Disclaimer of Certain Warranties. To the extent permitted by law, the Site, products, services, content, and materials are provided “as is” and “as available,” without warranties of any kind (express or implied) beyond what is required by Nigerian law.
8.3 Limitation of Liability. To the maximum extent allowed under Nigerian law:
• We shall not be liable for indirect, incidental, special, punitive, or consequential damages (including loss of profits, loss of data, or personal injury) arising from
your use of the product or Site.
• Our total liability to you for all claims under these Terms shall not exceed the price paid by you for the affected product(s).
8.4 Product-related Injuries. We do not assume responsibility for damage, injury, or death. Also, if any of these resulting from:
• Use of Products in a manner not intended (e.g. violating safety rules or manufacturer’s guidelines);
• Modification or repair by unauthorized persons;
• Improper maintenance; or
• Use in violation of local law or regulatory standards.
9. Intellectual Property
9.1 Ownership. All content on the Site (text, graphics, logos, images, video, audio, design, software) is owned by or licensed to CFMOTO, except for User-Generated Content (see below).
9.2 User-Generated Content. If you submit reviews, photos, testimonials, suggestions, or other content:
• You grant us a perpetual, irrevocable, worldwide, royalty free, non-exclusive license to use, modify, adapt, publicly display, reproduce, distribute, and exploit
that content.
• The content must not infringe any third-party rights, be defamatory, obscene, unlawful, etc.
10. Governing Law, Dispute Resolution & Complaints
10.1 Governing Law. These Terms are governed by the laws of the Federal Republic of Nigeria.
10.2 Dispute Resolution. In case of any dispute arising out of or relating to these
Terms or to any product/service supplied:
• First try to resolve it by informal negotiation (contact our customer service).
• If unresolved within 90 business days, then you may escalate to arbitration or
court, depending on jurisdiction.
10.3 Consumer Complaints. If you believe your rights under the FCCPA or related consumer laws have been violated (e.g. with respect to defectiveness or misdescription),
you may:
• Contact our Customer Service;
• Lodge a complaint with the Federal Competition and Consumer Protection Commission (FCCPC).
11. Privacy & Data Protection
We collect, store and use your personal data according to our Privacy Policy. By using the Site and ordering, you consent to such collection and use. We endeavour to protect
your information in accordance with applicable Nigerian data protection laws and relevant international standards where applicable.
12. Changes to Terms
We may update or change these Terms from time to time to reflect legal, regulatory, or business changes. If we make material changes, we will provide notice (e.g. via Site,
email) within 1-2 months. Your continued use after changes means you accept the updated Terms.
13. Miscellaneous
13.1 Severability. If any provision is unenforceable or invalid under law, that part will be severed but the rest of the Terms continue in full effect.
13.2 Waiver. No waiver of any breach or failure to enforce any right under these Terms shall be considered waiver of any other or subsequent breach.
13.3 Assignment. We may assign or transfer our rights under these Terms without your consent. You may not assign your rights without our prior written consent.
13.4 Entire Agreement. These Terms, together with any document referred to herein (Privacy Policy, Warranty Document if separate, other policies posted), constitute the entire agreement between you and CFMOTO Nigeria regarding your use of the Site and purchase of Products.
13.5 Contacts. If you have any questions or need assistance, contact:
CFMOTO Nigeria
Contact Information
Showroom
📍 B20, Wole Olateju Crescent, Lekki Phase 1, Lagos Nigeria
📞 +(234) 803 308 0021
📧 sales@delanyardpoint.com
🌐 www.delanyardpoint.com
Instagram: cfmotong