Merchant role & sale contract
A merchant is the seller of record for the products it lists, unless Mbopy expressly states otherwise. The product sale contract is between the merchant and the buyer, subject to mandatory law. Mbopy provides marketplace infrastructure, protected transaction services, records, dispute support and, where available, delivery coordination.
The merchant remains responsible for the product, product information, price, stock, fulfilment, invoices where required, warranties, returns, customer service and all commercial promises made to buyers.
Merchant declarations & assurances
By using a merchant account, the merchant declares that it is legally entitled to operate, sell the listed products and accept these Merchant Terms. It confirms that all information and documents supplied to Mbopy are accurate, complete and kept current.
The merchant must promptly tell Mbopy about any change to its legal name, ownership, business address, tax status, bank or mobile-money payout details, licences, permits or ability to sell a listed product.
Taxes, registration & records
The merchant is responsible for identifying, registering for, declaring and paying its own taxes, duties, contributions and other charges arising from its business, income, legal status and products, including any required trade registration, tax identification number, licences and permits. Mbopy is not the merchant’s tax, legal or accounting adviser.
This responsibility does not apply to an amount that applicable law requires Mbopy to collect, withhold, declare or remit as a platform operator. The merchant must provide the information and records Mbopy reasonably needs to meet such obligations and must retain its own business and tax records as required by law.
Withholding, settlement & corrections
The merchant authorizes Mbopy to calculate, collect, withhold, deduct, retain or remit amounts where Mbopy reasonably considers this necessary to comply with applicable tax, regulatory, payment-provider, court or government requirements. Mbopy may delay a payout while it verifies the information required for a lawful settlement.
Mbopy may correct a calculation or offset an amount against present or future payouts where permitted by law and these terms. Mbopy will not use this right to avoid an obligation that is directly imposed on Mbopy.
Product & regulatory compliance
The merchant must list only lawful, safe and authentic products and must hold every approval, licence, authorisation and disclosure required for its activity or category. It must not list counterfeit, stolen, prohibited, unsafe, misleading or infringing products.
Mbopy may ask for product, identity, licensing, tax or sourcing evidence; limit visibility; remove a listing; suspend sales or payouts; or close a merchant account where this is reasonably necessary for safety, compliance, fraud prevention, a dispute, a payment-provider requirement or a legal request.
Merchant responsibility to Mbopy
To the extent permitted by law, the merchant will reimburse Mbopy for direct losses, penalties, claims, reasonable investigation costs or third-party liabilities that result from the merchant’s breach of these Merchant Terms, inaccurate information, unlawful activity, tax non-compliance, missing authorisation or unlawful product.
This obligation applies only to the extent the loss was caused by the merchant and does not transfer to the merchant a legal obligation or fault directly attributable to Mbopy.
Mandatory law & order of priority
These Merchant Terms supplement the Terms of Use, Refund Policy and Privacy Policy. Where a mandatory law grants a right or imposes a duty that cannot be changed by contract, that law prevails. Mbopy’s obligations as a platform operator remain those imposed by applicable law.
A signed partner, logistics or payment agreement may add specific terms for that service. If it conflicts with these Merchant Terms, the signed agreement applies to that service to the extent permitted by law.
