Terms of Service

Last Updated: January 1, 2026

1. Acceptance of Terms

By accessing and using BuyNow Malawi ("we," "us," "our," or "the Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, you may not access or use our Platform. Your continued use of the Platform constitutes your acceptance of these terms. We reserve the right to modify these terms at any time, and your continued use following any modifications constitutes your acceptance of the updated terms.

2. Definitions

• Platform: BuyNow Malawi website (buynowmw.com) and all associated services, pages, and functionalities.
• User/You/Your: Any person accessing, browsing, or using the Platform.
• Products: All goods offered for sale on the Platform.
• Account: Your user profile created to make purchases and access Platform features.
• Order: Your request to purchase one or more Products from the Platform.

3. User Accounts & Registration

Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to:

• Provide accurate, complete, and current registration information
• Maintain and promptly update all account information
• Accept full responsibility for all activity under your account
• Immediately notify us of any unauthorized use of your account
• Not share your account or password with others
• Not use another person's account without permission

Account Termination: We reserve the right to suspend or terminate your account without notice if you violate these terms or engage in fraudulent, illegal, or abusive conduct.

4. User Conduct & Prohibited Activities

You agree not to use the Platform to:

• Engage in fraudulent, illegal, or unethical activities
• Harassment, abuse, defamation, or discrimination of others
• Violate any applicable laws, regulations, or third-party rights
• Use automated tools (bots, scrapers) to access Platform content without permission
• Reverse engineer, decompile, or attempt to discover Platform source code
• Interfere with Platform functionality or security measures
• Post misleading, false, or fraudulent information
• Create multiple accounts to circumvent limitations or policies
• Resell Platform access or services for profit
• Upload malware, viruses, or harmful code
• Spam, phishing, or attempt to steal user data
• Use the Platform for illegal gambling, adult content, or weapons sales

5. Product Information & Availability

Accuracy of Descriptions: We strive to provide accurate product descriptions, images, pricing, and specifications. However, we do not warrant that all product information is accurate, complete, error-free, or current. Product images are for illustration purposes only.

Product Availability: All products are offered on an "as available" basis. We reserve the right to limit quantities, discontinue products, or cancel orders at our discretion. If a product is unavailable, we will notify you and offer alternatives or a full refund.

Price Changes: We reserve the right to change product prices at any time. Price changes take effect when the order is confirmed. Prices are subject to availability and verification.

Product Warranties: Unless otherwise stated, all products are sold "as is" without any warranty. Some products may come with manufacturer warranties, which are honored separately. We are not liable for defects in products manufactured by third parties.

6. Orders & Purchase Agreements

Order Placement: When you place an order, you are offering to purchase products at the stated price. Your order is not complete until we send you an order confirmation email. We reserve the right to accept or reject any order.

Order Confirmation: After you submit your order, you will receive a confirmation email. This email confirms we have received your order, but does not constitute acceptance until payment is verified.

Order Acceptance: We will notify you when your order has been accepted and dispatched. Until that time, orders may be cancelled or modified by contacting us.

7. Payment Terms & Billing

Payment Methods: We accept various payment methods including mobile money, bank transfers, and credit/debit cards. Payment must be received and verified before order processing.

Charges: By placing an order, you authorize us to charge your payment method for the order total, including products, taxes, and shipping fees (where applicable).

Payment Disputes: If you believe there has been an unauthorized charge, contact us within 30 days. Charges that are not disputed within 30 days are considered accepted.

Refund Processing: Approved refunds will be processed to your original payment method within 7-14 business days. Your financial institution may take additional time to credit your account.

Failed Payments: If payment fails, your order will be cancelled automatically. We will notify you and may offer to retry payment.

8. Shipping & Delivery

Delivery Areas: We currently deliver within Malawi. Delivery times and availability vary by location.

Shipping Times: Estimated delivery times are:

• Lilongwe, Blantyre: 2-3 business days
• Other urban areas: 3-5 business days
• Remote areas: 5-7 business days

These are estimates only and not guaranteed. Delays may occur due to weather, logistics, or circumstances beyond our control.

Shipping Costs: Shipping costs are calculated at checkout based on location and product weight. Free shipping may apply for orders above a certain amount (displayed at checkout).

Delivery Address: You are responsible for providing an accurate delivery address. Orders delivered to incorrect addresses provided by you cannot be refunded.

Risk of Loss: Products are at our risk until delivered to you. Once delivered, the risk transfers to you. We are not liable for products damaged after delivery.

Failed Delivery: If delivery fails (e.g., address not found, recipient unavailable), we will attempt redelivery. After 3 failed attempts, we may cancel the order and process a refund.

9. Returns & Refunds Policy

Return Eligibility: Products may be returned within 14 days of delivery if they are:

• Unused, unworn, and in original condition
• In original packaging with all tags attached
• Not damaged by user misuse
• Not customized or personalized items

Non-Returnable Items: The following items cannot be returned:

• Perishable items (food, beverages)
• Clearance or final sale items
• Items marked as "non-returnable"
• Used electronics or cosmetics
• Items damaged due to user mishandling

Return Process:

1. Contact us at support@buynowmw.com with your order number
2. We will provide return instructions and a return label (if applicable)
3. Ship the item back to us in original condition
4. We will inspect and verify the item upon receipt
5. Approved returns will be refunded to your original payment method

Return Shipping: You are responsible for return shipping costs unless the return is due to our error or a defective product. We may deduct return shipping fees from your refund.

Refund Timeline: After we receive and inspect your returned item, refunds will be processed within 7-14 business days.

Defective Products: If you receive a defective or damaged product, contact us immediately with photos. We will arrange a replacement or full refund at no cost to you.

10. Intellectual Property Rights

Platform Content: All content on the Platform (text, images, graphics, logos, videos, product descriptions) is the property of BuyNow Malawi or its content suppliers and is protected by international copyright laws.

Limited License: You are granted a limited, non-exclusive, non-transferable license to view Platform content for personal, non-commercial purposes only. You may not:

• Reproduce or republish content without permission
• Use content for commercial purposes
• Remove or modify copyright notices
• Deep-link or frame Platform pages
• Use content for competing services

User-Generated Content: Any reviews, ratings, or comments you submit become the property of BuyNow Malawi and may be used without compensation or further permission.

11. Limitation of Liability

Disclaimer: The Platform is provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Damages: In no event shall BuyNow Malawi, its owners, employees, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform or products, including but not limited to:

• Loss of profits or revenue
• Loss of data or business opportunities
• Business interruption
• Personal injury or property damage
• Psychological harm

Liability Cap: Our total liability for any claim shall not exceed the amount you paid for the product or service in question, or MWK 10,000, whichever is greater.

Exceptions: These limitations do not apply to liability that cannot be excluded by law, including personal injury claims arising from our gross negligence or willful misconduct.

12. Indemnification

You agree to indemnify, defend, and hold harmless BuyNow Malawi, its owners, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Platform or products
• Your infringement of third-party rights
• Any content you submit or post
• Your breach of any representations or warranties

13. Dispute Resolution & Arbitration

Informal Resolution: Before pursuing legal action, you agree to contact us at support@buynowmw.com with a detailed description of your dispute. We will attempt to resolve the matter within 30 days.

Arbitration: If informal resolution fails, any dispute shall be resolved through binding arbitration rather than court proceedings, except for claims of intellectual property infringement or disputes under MWK 10,000.

Arbitration Rules:

• Arbitration will be conducted in English
• Location: Lilongwe, Malawi
• Governed by applicable Malawi laws
• Each party bears its own costs unless arbitrator determines otherwise

Class Action Waiver: You waive the right to participate in class actions or class arbitrations against BuyNow Malawi. Disputes must be brought individually.

14. Third-Party Links & Services

The Platform may contain links to third-party websites and services. We are not responsible for the content, accuracy, policies, or practices of external sites. Your use of third-party services is governed by their terms and privacy policies. We do not endorse external services and provide links for convenience only.

15. Modifications to Terms & Platform

Changes to Terms: We may modify these Terms at any time. Continued use of the Platform after modifications constitutes acceptance. Material changes will be notified via email or on the Platform.

Changes to Platform: We reserve the right to modify, suspend, or discontinue the Platform or any services without notice. We are not liable for any such changes.

16. Governing Law & Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Malawi, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Lilongwe, Malawi for the resolution of any disputes not subject to arbitration.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and BuyNow Malawi regarding your use of the Platform and supersede all prior or contemporaneous agreements or understandings.

19. Contact Us

If you have questions about these Terms of Service or need to report a violation, please contact us:

• Email: support@buynowmw.com
• Phone: +265 983 494 108
• Mailing Address: BuyNow, Lilongwe 03, Malawi
• Response Time: We respond to inquiries within 2-3 business days