Refund, Return and Cancellation Policy

Introduction

This Refund, Return and Cancellation Policy ("Policy") sets out the rules and procedures applicable to refunds, returns, replacements and cancellations arising from transactions conducted through the Bettabuilder Platform.

Bettabuilder is a marketplace platform that connects customers, including property developers and members of the diaspora, with suppliers of building materials, equipment rental providers, artisans and construction-related professionals. Unless expressly stated otherwise, Bettabuilder does not itself sell, supply, rent or provide the Products or Services listed on the Platform. The underlying transaction is therefore ordinarily between the relevant Customer and Vendor.

This Policy forms part of the Bettabuilder Terms of Use and shall be read together with those Terms and the Bettabuilder Privacy Policy.

Nothing in this Policy shall exclude, restrict or waive any right, remedy, warranty or protection available to a Customer under mandatory Nigerian law.

Current Payment Model

1. At the current MVP stage, Bettabuilder does not operate an integrated payment gateway or escrow service. Customers currently make payments directly to Vendors in accordance with the payment arrangements agreed between them. Accordingly, where a refund is due, the relevant Vendor shall ordinarily be responsible for processing and paying the refund.
2. Bettabuilder may assist with communication, review relevant transaction records and facilitate resolution of a refund dispute but does not, merely by providing the Platform, hold or control funds paid directly to Vendors. If Bettabuilder subsequently introduces an integrated payment or escrow facility, this Policy may be amended to reflect the applicable payment and refund arrangements.

General Refund Principles

1. Refunds, returns and cancellations shall be determined having regard to:
   1. the nature of the transaction;
   2. the terms agreed between the Customer and Vendor;
   3. the Vendor's disclosed refund and cancellation conditions;
   4. any applicable warranty or guarantee;
   5. the condition and conformity of the Product or Service; and
   6. applicable Nigerian law.
2. A Vendor shall not impose a term that unlawfully excludes or restricts a Customer's mandatory statutory rights.
3. A "no refund", "all sales are final" or similar term shall not prevent a Customer from exercising a statutory right to a refund, return, replacement or other remedy where such right exists.
4. Where a Vendor voluntarily provides a warranty, guarantee, return right or refund commitment, the Vendor shall honour it in accordance with its stated terms, subject to applicable law.

Vendor Refund, Return and Cancellation Obligations

1. Every Vendor listing a Product or Service on the Platform shall provide Customers with clear and accurate information concerning any applicable refund and return policy, cancellation conditions, warranty or guarantee, cancellation charges, delivery and return charges, equipment security deposits and other material conditions affecting a Customer's right to cancel, return or obtain a refund.
2. Such information shall be provided before the Customer commits to the relevant transaction, where reasonably practicable.
3. A Vendor shall not publish or communicate a refund, return or cancellation condition that is false, misleading, deceptive, unfair or inconsistent with applicable law.
4. Where a Vendor has represented that a Product or Service is refundable, returnable, replaceable or covered by a warranty, the Vendor shall honour that representation in accordance with its stated terms and applicable law.
5. By listing Products or Services on the Platform, the Vendor agrees to comply with this Policy, the Terms of Use and all applicable Nigerian consumer protection requirements.

Customer Refund Rights

Subject to applicable law and the circumstances of the transaction, a Customer may be entitled to a full or partial refund where:

1. the Product supplied does not materially correspond with its description, specification or sample;
2. the Product is defective, unsafe or materially damaged before delivery;
3. the Product is unsuitable for a particular purpose expressly communicated to and accepted by the Vendor;
4. the wrong Product or materially incorrect quantity is supplied;
5. the Vendor accepts payment for a Product that is subsequently unavailable;
6. a Vendor fails to provide an agreed Service;
7. a Service materially differs from the description or terms agreed;
8. the Vendor materially breaches an express warranty or representation;
9. the Vendor cancels an accepted order or booking without reasonable justification;
10. the parties agree to a refund; or
11. a refund or other remedy is required under applicable law.

Defective, Unsafe or Non-Conforming Products

1. Where a Product is defective, unsafe or materially different from its description or agreed specification, the Customer should notify the Vendor promptly after discovering the issue.
2. Depending on the circumstances, the appropriate remedy may include repair replacement, return, partial refund, full refund; or another remedy available under applicable law.
3. The Vendor shall bear responsibility where the defect, damage or non-conformity is attributable to the Vendor or falls within the Vendor's legal or contractual responsibility.
4. A Customer shall not lose a statutory remedy merely because the defect was not immediately apparent upon delivery.

Return of Products

1. Where the return arises from a defective, unsafe, incorrectly supplied or materially non-conforming Product, the Vendor shall ordinarily bear the reasonable cost of return, subject to applicable law.
2. Where the Customer voluntarily requests a return for a reason unrelated to any defect, non-conformity or Vendor breach, the Customer may bear reasonable return or logistics costs where such costs were clearly disclosed and are lawful.
3. Customers should retain relevant receipts, delivery records, photographs, packaging and other evidence until the matter is resolved.
4. A Customer shall not deliberately damage, misuse or materially alter a Product and subsequently seek a refund for the resulting condition.

Cancellation of Orders and Bookings

1. A Customer may request cancellation of an order, booking or Service before fulfilment.
2. The availability and amount of any refund shall depend on when the cancellation occurs; whether the Vendor has commenced performance; the Vendor's disclosed cancellation conditions; any reasonable costs already incurred by the Vendor; and applicable law.
3. Cancellation charges shall be reasonable, clearly disclosed and legally permissible.
4. A Vendor shall not impose a cancellation charge that has not been disclosed to the Customer before the transaction.
5. Where a statutory cancellation right applies, the Customer's statutory right shall prevail over any conflicting Vendor term.

Customised and Bespoke Products

1. Where a Product is manufactured, cut, fabricated, mixed, configured or otherwise customised specifically according to a Customer's specifications, the Customer may not ordinarily cancel or return the Product solely because of a change in the desired specifications after production has commenced.
2. This shall apply only where the Product conforms materially with the agreed specifications and the Vendor has complied with applicable legal requirements.
3. This provision shall not affect a Customer's rights arising from a defect, misrepresentation, material non-conformity, unsafe condition, incorrect specifications supplied by the Vendor or any other right or remedy that cannot lawfully be excluded.

Services

1. Refunds relating to Services shall take into account the extent to which the Service has been performed.
2. A Customer may be entitled to a refund or appropriate remedy where:
   1. the Service was not provided;
   2. the Vendor materially failed to perform the agreed Service;
   3. the Service materially differed from the agreed description;
   4. the Service was cancelled by the Vendor without reasonable justification;
   5. the Vendor failed to comply with an express warranty or representation; or
   6. a remedy is otherwise required by law.
3. Where a Customer cancels a Service after performance has commenced, the Vendor may be entitled to reasonable payment for work properly performed before cancellation, subject to the agreement between the parties and applicable law.
4. This shall not affect a Customer's right to a refund or other remedy where the Service was defective, improperly performed or materially incomplete.

Professional Services

1. Vendors providing architectural, engineering, surveying, quantity surveying or other regulated professional Services shall comply with all applicable professional and regulatory requirements.
2. Where a professional Service has been negligently, improperly or materially inadequately performed, the Customer may seek an appropriate remedy, including rectification, partial refund or full refund, depending on the circumstances and applicable law.
3. Bettabuilder is not itself the provider of professional Services listed by Vendors and shall not be responsible for the professional advice or work of an independent Vendor except to the extent required by law.

Equipment Rentals

1. A Customer may be entitled to a refund or adjustment where:
   1. the booked equipment is unavailable;
   2. materially different equipment is supplied;
   3. the equipment is materially defective or unsafe upon delivery;
   4. the Vendor cancels the booking without reasonable justification; or
   5. the Vendor materially fails to provide the agreed rental period or equipment.
2. A Customer shall ordinarily not be entitled to a refund for damage, loss or misuse caused by the Customer or an operator under the Customer's control.
3. Where a Vendor requires a security deposit, the Vendor shall clearly disclose the amount, purpose, circumstances in which deductions may be made and the procedure and timeframe for returning the deposit.
4. Deductions shall be limited to amounts reasonably attributable to damage, loss, unpaid rental charges or other lawful liabilities properly incurred by the Customer.
5. The remaining balance of a refundable security deposit shall be returned within the period communicated by the Vendor or, where no period is stated, within a reasonable period after the equipment is returned and inspected.

Partial Refunds

1. A partial refund may be appropriate where:
   1. only part of an order is defective or unavailable;
   2. only part of a Service was performed;
   3. a Product has a material but remediable defect;
   4. the Customer agrees to retain a Product subject to a price reduction; or
   5. applicable law otherwise permits or requires a partial refund.
2. The amount of a partial refund should reasonably reflect the extent of the deficiency, non-conformity or failure.

Delivery and Logistics Charges

1. Where a full refund is due because the Vendor supplied an incorrect, defective, unsafe or materially non-conforming Product, reasonable delivery or return costs may also be refundable where required by law.
2. Where a Customer voluntarily cancels an order or requests a return for a reason unrelated to a Vendor breach, delivery and return charges may be non-refundable where this was clearly disclosed and is legally permissible.
3. Bettabuilder does not control logistics arrangements or charges agreed directly between Customers and Vendors unless expressly stated otherwise.

Circumstances Where a Refund May Not Be Available

Subject always to mandatory rights under Nigerian law, a refund will not ordinarily be available where:

1. the Customer simply changes their mind after receiving a conforming Product and has no applicable cancellation or return right;
2. the Product was correctly supplied but was subsequently damaged or materially altered by the Customer;
3. the Customer provided incorrect measurements, specifications or instructions and the Vendor supplied the Product accordingly;
4. the Customer fails to attend or provide reasonable access for a scheduled Service without adequate notice;
5. a Service has already been properly and substantially performed;
6. rented equipment was damaged, lost or misused by the Customer;
7. a Customer knowingly purchased a Product after being informed of and accepting a disclosed defect; or
8. the claim is based solely on dissatisfaction with a transaction that otherwise conforms to its agreed description and terms.

Nothing in this section limits a right that cannot lawfully be excluded.

How to Request a Refund

A Customer seeking a refund should first contact the relevant Vendor and may also submit the matter to Bettabuilder. Any refund request should, where available, include the Customer's name and Account details, order or booking reference, Vendor details, date and amount of the transaction, reason for the refund request, proof of payment, and any photographs, videos or other supporting evidence relevant to the claim. Bettabuilder may request such additional information as it reasonably considers necessary to assess and determine the complaint.

Customers shall not submit fraudulent, exaggerated, dishonest or knowingly misleading refund claims.

Refund Review and Dispute Facilitation

1. Upon receiving a refund complaint, Bettabuilder may:
   1. review relevant Platform records;
   2. request information from the Customer and Vendor;
   3. review relevant communications;
   4. contact the Vendor;
   5. facilitate communication between the parties; and
   6. assist the parties in reaching an informal resolution.
2. Bettabuilder's involvement in a dispute does not make it a party to the underlying transaction.
3. Bettabuilder may require a Vendor to respond to a substantiated refund complaint within a reasonable period.
4. Where a Vendor repeatedly fails to respond to legitimate complaints or honour lawful refund obligations, Bettabuilder may take Platform-level enforcement action.

Refund Processing

1. Because payments are currently made directly between Customers and Vendors, refunds shall ordinarily be paid directly by the Vendor to the Customer.
2. A Vendor shall not unreasonably delay a refund that has been agreed or is legally due.
3. The refund method may depend on the original payment method and the arrangement between the Customer and Vendor.
4. Where Bettabuilder subsequently introduces an integrated payment facility, applicable refunds may be processed through the relevant payment provider in accordance with the applicable payment terms.
5. Bettabuilder shall not be responsible for delays caused solely by banks, payment providers or other third parties outside its reasonable control.

Fraudulent or Abusive Refund Claims

1. Bettabuilder may investigate suspected refund fraud or abuse.
2. Prohibited conduct includes:
   1. falsely claiming that a Product was not delivered;
   2. falsely claiming that a Product was defective;
   3. returning a different Product from the one purchased;
   4. deliberately damaging a Product before requesting a refund;
   5. falsely representing that payment was made;
   6. manipulating evidence;
   7. repeatedly submitting fraudulent claims; or
   8. colluding with another User to obtain an improper refund.
3. Where a refund claim is found to be fraudulent or abusive, Bettabuilder may reject the claim, suspend the relevant Account and take any other lawful action available.

Vendor Non-Compliance

1. A Vendor's repeated failure to honour lawful refund, return, replacement or cancellation obligations may constitute a breach of the Bettabuilder Terms of Use.
2. Bettabuilder may, depending on the circumstances:
   1. require the Vendor to respond to a Customer complaint;
   2. require corrective action;
   3. remove or suspend a relevant listing;
   4. restrict the Vendor's ability to create new listings;
   5. suspend the Vendor's Account; or
   6. terminate the Vendor's access to the Platform.
3. These measures are intended to protect Customers and maintain the integrity of the marketplace and do not make Bettabuilder financially responsible for the Vendor's underlying obligations.

Bettabuilder's Role and Limitations

1. Bettabuilder operates a digital marketplace and provides technological infrastructure through which Customers and Vendors can discover, communicate and transact.
2. Unless expressly stated otherwise, Bettabuilder is not:
   1. the seller or supplier of Products;
   2. the owner or lessor of rental equipment;
   3. the provider of professional or artisan Services; or
   4. a party to the underlying contract between Customer and Vendor.
3. Vendor verification does not constitute a guarantee, certification or warranty by Bettabuilder regarding the Vendor, its Products or Services.
4. Bettabuilder may assist with disputes but does not guarantee that a Vendor will honour its refund obligations.
5. Nothing in this Policy limits Bettabuilder's liability for matters that cannot lawfully be excluded under Nigerian law.

Consumer Protection

1. This Policy shall be interpreted consistently with the Federal Competition and Consumer Protection Act 2018 ("FCCPA") and other applicable Nigerian laws. Customers retain mandatory statutory rights relating to the quality, safety, description, suitability and conformity of Products and Services.
2. In particular, applicable consumer protection law may give a Customer rights to reject, return, replace or obtain a refund for goods that do not meet applicable statutory or contractual requirements. No provision of this Policy shall be interpreted as requiring a Customer to waive a statutory right or remedy.

Dispute Resolution

1. Customers and Vendors shall first endeavour to resolve refund disputes directly and in good faith. Where the dispute cannot be resolved, either party may request Bettabuilder's assistance through the Platform.
2. Bettabuilder may facilitate an informal resolution but is not required to adjudicate disputes between Users. Nothing in this Policy prevents a Customer or Vendor from pursuing any statutory, regulatory, arbitral or judicial remedy available under Nigerian law.

Data Protection

Information provided in connection with a refund, return or cancellation request shall be processed in accordance with the Bettabuilder Privacy Policy and applicable data protection law. Users shall not misuse, disclose or process another User's personal information obtained during a refund or dispute process except as permitted by law.

Amendment of This Policy

1. Bettabuilder may amend this Policy from time to time to reflect changes in the Platform, business model, payment arrangements, regulatory requirements or applicable law which may be communicated through the Platform, email or other appropriate means.
2. The version of this Policy applicable at the time of the relevant transaction shall ordinarily govern that transaction, subject to any mandatory change in applicable law.

Governing Law

This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.

Contact

For refund requests, complaints or enquiries concerning this Policy, Users may contact Bettabuilder through:

When submitting a refund complaint, Users should provide the relevant order or transaction reference and sufficient information to enable the transaction to be identified.