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Terms of Use

TERMS AND CONDITIONS OF USE

 

1.        Introduction

1.1     These terms and conditions govern the sale and purchase of products   through our website.

1.2     You will be asked to give your express agreement to these terms and conditions before you place an order on our website. If you disagree with any part of this agreement, you MUST NOT use our website.

1.3     This document does not affect any statutory rights you may have as a consumer.

 

2.        Interpretation

2.1    In these terms and conditions:

(a)     "we" means New Valley Lane Limited T/A  Wazobia Prints and

(b)     "you" means our customer or prospective customer,

         and "us", "our" and "your" should be construed accordingly.

 

3.        Intellectual Property Rights

3.1      We, or our licensors, except where otherwise stated, own the intellectual property rights in the website and materials on the website. All intellectual property rights are reserved, subject to the license agreement. Any reference to intellectual property rights shall include without limitation all text, videos, music, graphics, illustrations, templates, page layouts, designs and photographs that are contained on our website.

4.        License to Use Website

4.1     Your use, view, print and download of print pages or templates form our website is subject to the following restrictions:

4.2     You must not republish, sell, rent, sub-license, reproduce, duplicate, copy, exploit or redistribute for commercial purposes materials available on this website.

5.        Site Availability

5.1     We shall take every reasonable endeavour to ensure that our website is available 24 hours a day and 365 days a year. However, we may encounter downtime due to technical issues, including but not limited to the server, system failures, system maintenance, system repairs and other reasons beyond our control. We shall bear no liability for the unavailability of the website during this time. We shall, where possible, try to give advance notification of maintenance issues but shall not be obliged to do so.

6.        Order process

6.1     The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

6.2     No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

6.3     To enter into a contract through our website to purchase products from us, the following steps must be taken: (you must approve preview of the product, add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you can then create an account with us and log in; if you are an existing customer, you can enter your login details; once you are logged in or should you choose to proceed without creating an account, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; you will be transferred to our payment service provider`s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order).Once a contract is formed, the terms of the contract cannot be varied without our prior written consent.

6.4     You will have the opportunity to identify and correct input errors prior to making your order by previewing your product and its designs. This opportunity is presented at the initial stage of you placing your order wherein you shall have to tick the “I approve preview box”; and in your shopping cart where you can preview your order again or remove the product altogether from your shopping cart.

7.        Products

7.1     The following types of products are or may be available on our website from time to time: Banners, Brochures, Calendars, Compliment Slips, Delivery Notes, Envelopes, Folders, Forms, Flyers, Greeting Cards, Invitations, Invoices, Labels, Letterheads, Magazines, Newsletters, Postcards, Posters, Promotional Materials and Wedding Stationery.

7.2     We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

7.3     Every care has been taken to ensure that the description of each product corresponds with the image and/or picture of the product as it is displayed on our website. This is intended to represent a true and accurate representation of the product you will purchase. However, it may be the case that there are variations in the picture and descriptions of the products compared to the actual product that is sold, posted and delivered. Where this is the case, we shall try to inform you of the variation between the expected and actual product, although we offer no guarantees that we shall do this.

8.        Prices

8.1     The prices of our products are quoted on our website.

8.2     We will from time to time change the product prices quoted on our website, but this will not affect contracts that have previously come into force.

8.3     All amounts stated in these terms and conditions or on our website are stated (exclusive of VAT, where possible, inclusive of cost of postage, handling and other delivery charges).

8.4     It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that a product`s correct price will be notified to you before the contract of sale comes into force.

8.5     In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you in an itemised invoice to be sent once the contract of sale comes into force.

9.        Payments

9.1     You must, during the checkout process, pay the prices of the products you order.

9.2     Payments must be made by any of the permitted methods specified on our website from time to time. This includes but is not limited to: submit your order and have sales representative call you, through the secure payment gateway provided by our gateway service provider, Diamond Pay, or by cash deposit to our Diamond Bank Account (Account No: 0042571552; Account Name: New Valley Lane Limited) or our GTBank Account (Account No: 0154516159; Account Name: New Valley Lane Limited). All payments by cash deposit must be followed by an email from you to us (at info@wazobiaprints.com) quoting your teller number as the subject of the email.

9.3     If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

9.4     If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days, following the date of our written request:

(a)     an amount equal to the amount of the charge-back;

(b)     all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)     an administration fee of NGN6,000.00 excluding VAT; and

(d)     all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 9.4 (including without limitation legal fees and debt collection fees),

         and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 9.4.

10.      Credit accounts

10.1   If we agree to open a business account for you, you may be able to pay in arrears, in accordance with the provisions of this Section 10.

10.2   If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 15 days following the date of our invoice.

10.3   Business accounts will be subject to such credit limits as we may notify to you from time to time.

10.4   If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:

(a)     Charge you interest on the overdue amount at the rate of 8% per year above the base rate of Diamond Bank Plc (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or

(b)     Claim interest and statutory compensation from you

         without prejudice to our other legal rights or rights under these terms and conditions.

11.      Deliveries

11.1   Our policies and procedures relating to the delivery of products are set out in this Section 11 of our delivery policy document.

11.2   We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

11.3   We will use reasonable endeavours to deliver your products on or before the delivery date set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

11.4   We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 10 days following the later of receipt of payment and the date of the order confirmation.

11.5   We will only deliver products to addresses on the UK mainland.

11.6   On completion of your order, you will be asked to select you preferred method of delivery during checkout. We offer the choice of self-pickup or standard delivery to your address.

12.      Risk and ownership

12.1   The products you purchase from us will be at your risk from the time of delivery.

12.2   Ownership of a product that you purchase from us will pass to you upon the later of:

(a)     delivery of the product; and

(b)     receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).

12.3   Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.

12.4   If you are a business customer, then until ownership of a product has passed to you:

(a)     you must store the product separately from other goods; and

(b)     you must ensure that the product is clearly identifiable as belonging to us.

13.      Right of cancellation-return of defective products

13.1   In order to cancel a contract on the basis that the goods are defective, you must give to us written notice of cancellation, which may be sent by email address to sales@wazobiaprints.com and/or info@wazobiaprints.com) specified on our website. Please notify us by providing your name and order number when communicating your order cancellation. Notification must be sent within 3 days of you taking delivery of your order.

13.2   If you cancel a contract on the basis described in this Section 13, you must return the product or products to us.

13.3   If you cancel a contract on the basis described in this Section 13, you will receive a full refund of the amount you paid, including the cost of sending the product or products to you; however, you will be responsible for paying the cost of returning the product or products to us.

13.4   If you cancel a contract on the basis described in this Section 13 and you do not return the product or products to us, we may recover the product or products and charge you for the costs we incur in doing so; similarly, if you return the product or products at our expense, we may pass that expense on to you.

13.5   We will usually refund money using the same method used to make the payment.

13.6   We will process the refund due to you as a result of a cancellation on the basis described in this Section 13 as soon as possible and, in any case, within the period of 30 days following the day we receive your valid notice of cancellation.

14.      Warranties and representations

14.1   You warrant and represent to us that:

(a)     you are legally capable of entering into binding contracts;

(b)     you have full authority, power and capacity to agree to these terms and conditions;

(c)     all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)     you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

14.2   We warrant to you that:

(a)     we have the right to sell the products that you buy;

(b)     the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)     you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)     the products you buy will correspond to any description published on our website; and

(e)     the products you buy will be of satisfactory quality.

14.3   These terms and conditions set out all of our warranties and representations relating to the supply of products hereunder.

15.      Breach of product warranty

15.1   If you believe that products you have purchased from us breach any of the warranties set out in Section 14.2, please contact us to discuss the issue and arrangements for the return of the products.

15.2   If products you purchase from us do not conform to the warranties set out in Section 14.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

15.3   If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)     we will not refund the purchase price or exchange the product;

(b)     we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)     if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

16.      Limitations and exclusions of liability

16.1   We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.2   We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.3   We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.5 shall not apply.

16.4   We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply.

16.5   You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.

16.6   Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed

(a)     the total amount paid and payable to us under the contract

17.      Order cancellation

17.1   We may cancel any contract made under these terms and conditions immediately, by giving you written notice of termination, if:

(a)     you fail to pay, on time and in full, any amount due to us under the contract; or

(b)     you commit any breach of the terms of the contract.

17.2   If you are a business customer, we may cancel a contract made under these terms and conditions by written notice to you if:

(a)     you cease to trade;

(b)     you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;

(c)     a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;

(d)     the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or

(e)     any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.

17.3   We may cancel a contract to supply a product or products made under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

18.      Consequences of order cancellation

18.1   If a contract made under these terms and conditions is cancelled in accordance with Section 17:

(a)     we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)     you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)     all the other provisions of these terms and conditions will cease to have effect, except that Sections 9.4, 10.2, 10.4, 12, 16, 21, 22, 23, 24, 25 and 26 will survive termination and continue in effect indefinitely.

19.      Scope

19.1   These terms and conditions do not constitute or contain any assignment or licence of any intellectual property rights.

19.2   These terms and conditions do not govern the licensing of works (including software and literary works) comprised or stored in products.

19.3   These terms and conditions do not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

20.      Variation

20.1   We may revise these terms and conditions from time to time by publishing a new version on our website. We reserve the right to make variations (including but not limited to supplementing, revising or deleting content) without prior notification to past, current or potential users of our website.

20.2   A revision of these terms and conditions will govern contracts made under these terms and conditions at any time following the time of the revision, but will not affect contracts made before the time of the revision.

21.      Assignment

21.1   You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

21.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

22.      No waivers

22.1   No breach of any provision of these terms and conditions will be waived except with the express written consent of the party not in breach.

22.2   No waiver of any breach of any provision of these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of these terms and conditions.

23.      Severability

23.1   If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect.

23.2   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in full effect.

24.      Third party rights

24.1   These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

24.2   The exercise of the parties` rights under these terms and conditions is not subject to the consent of any third party.

25.      Entire agreement

25.1   These terms and conditions, together with our delivery policy and our returns policy constitute the entire agreement between you and us in relation to the sale and purchase of our products and supersede all previous agreements between you and us in relation to the sale and purchase of our products.

26.      Law and jurisdiction

26.1   These terms and conditions shall be governed by and construed in accordance with the law of the Federal Republic of Nigeria.

26.2   Any disputes or proceedings brought against us and relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Nigeria, but nothing in these Terms and Conditions will prevent us from taking proceedings against you in any other competent court of competent jurisdiction.

27.      Statutory and regulatory disclosures

27.1   We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2   These terms and conditions are available in English language only.

28.      Our details

28.1   When any products are purchased by you via our website, www.wazobiaprints.com, you will be entering into a contract with New Valley Lane Limited.

28.2   You can contact us by filling the contact form on the website or by email to info@wazobiaprints.com.