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TERMS OF SALE

IMPORTANT NOTICE PLEASE READ THE GENERAL CONDITIONS OF SALE SET FORTH BELOW VERY CAREFULLY. THE GENERAL CONDITIONS OF SALE FOR LADYBEELLIONAIRE PRODUCTS PURCHASED THROUGH THE WEBSITE AND/OR ASSOCIATED PLATFORMS (DEFINED BELOW) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY CLIENT (DEFINED BELOW) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND LADYBEELLIONAIRE HEREBY GIVES EXPLICIT NOTICE OF OBJECTION TO THEM AND REJECTION OF SUCH TERMS. BY SUBMITTING ANY ORDER THROUGH THE WEBSITE AND/OR ASSOCIATED PLATFORMS, CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS. 

1. General provisions 

1.1.
These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of LadyBeellionaire products (hereinafter, “Products” or “Product”) carried out through the www.ladybeellionaire.com/ website and associated platforms (hereinafter, “Website”). 

1.2.
Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual’s relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and LadyBeellionaire expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client’s intent or attempt to resell any Product purchased from the Website. 

1.3.
The language of any contract of sale through this Website shall be English. 

1.4.
Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by LadyBeellionaire for the retention period required by applicable law. 

1.5.
These General Terms and Conditions of Sale do not govern the provision of services, or the sale of products by subjects other than LadyBeellionaire, even in cases in which they are presented on the Website via links, banners or other hypertext links. Therefore, before placing an order and/or purchasing products and services from subjects other than LadyBeellionaire, the Customer should check the conditions of sale which apply to such transaction. In no case can LadyBeellionaire be held liable for the provision of services by third parties.

2. Identification

2.1.
For the purposes of these General Terms and Conditions of Sale, the vendor is LadyBeellionaire Fashion House and Gallery Nigeria, Inc., located at Plot 8B, Block 104 Olabanji Olajide Street, Off Rahman Adeboyeji Street Lekki phase 1, Lagos, Nigeria.

3. Information on Products and their availability 

3.1.
Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. LadyBeellionaire reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements. 
 
3.2.
The Products available on the Website are a selection of items normally available in both LadyBeellionaire stores in Enugu and Lagos, Nigeria; however, LadyBeellionaire does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of the Client’s viewing device or display could affect the accuracy of the colors of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.
 
3.3.
LadyBeellionaire reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product. 
 
3.4.
The maximum number of pieces for each Product that may be included by the Client in the order proposal is five pieces. 
 
3.5.
LadyBeellionaire shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website. 

4. Price

4.1.
All prices are in Nigerian Naira. Product prices as seen on the LadyBeellionaire online store do not include any shipping costs, taxes and duties. Prices are subject to change. Check the final price of sale before sending the relevant order form. The price of each product is also displayed for the Customer prior to completion of the order. The shipping cost is dependent on the total weight of item(s) to be purchased and the billing and/or shipping addresses. The shipping cost is calculated automatically and can be seen on the cart and checkout pages.

4.2.
LadyBeellionaire regularly verifies that prices of the Products displayed on the Website are correct; however, LadyBeellionaire cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, LadyBeellionaire reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, LadyBeellionaire shall offer the Client the opportunity to purchase the Product at the correct price. If the Client has already been charged for the purchase and the order is canceled prior to delivery, LadyBeellionaire will issue a credit to Client’s original form of payment.

4.3.
LadyBeellionaire does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.

4.4.
Orders received from countries other than those selected for shipping or to addresses to which LadyBeellionaire cannot ship cannot be accepted.

5. Execution of the Contract

5.1.
The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by LadyBeellionaire.

5.2.
Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions.

5.3.
To purchase a Product, Client must (i) include the selected Product in the “Shopping Cart” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to LadyBeellionaire through the Website.

5.4.
Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) and shipping costs where necessary if the order is accepted and confirmed by LadyBeellionaire.

5.5.
Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Cart”).

5.6.
Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and the Client’s data related to that order proposal may be kept by LadyBeellionaire for the period required by applicable legislation. On the base of LadyBeellionaire’s legitimate interest we can use personal data provided by You to make a purchase as a Guest to make a classification of our Guest profiles with reference to the amount of the purchases, purchases frequency, number and type of product purchased, country of billing and shipping, returns made.

5.7.
An order proposal may be refused by LadyBeellionaire prior to acceptance and confirmation of the order by LadyBeellionaire at its sole discretion, including but not limited to the following circumstances:
(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or
(ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or
(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with LadyBeellionaire.

5.8.
The contract between LadyBeellionaire and the Client is executed upon receipt by the Client of the acceptance and confirmation by LadyBeellionaire of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by LadyBeellionaire shall be sent to the Client via e-mail at the address provided by the Client in the order proposal (“Order Confirmation”).

5.9.
In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall be charged only the price of the available Products.

5.10.
The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms.

6. Method of payment 

6.1.
Payment of the price of the Products included in the order proposal and the relevant taxes and delivery charges shall be paid by the Client via the payment options provided on the checkout page which are currently; Direct Bank Transfer, Paystack payment gateway and Rave by Flutterwave payment gateway. Both payment gateways handle credit card payments and a host of other payment options to facilitate a seamless payment process.

6.2.
For payment via direct bank transfer, the Customer will have to transfer the exact total cost of the order, including shipping and/or LadyBeellionaire Express delivery service where necessary to the official LadyBeellionaire account which is clearly indicated on the checkout page. The Customer is then expected to send proof of payment to LadyBeellionaire either on WhatsApp; +2347033074507 or via Email; orders@ladybeellionaire.com

6.3.
The payment of products purchased on the website, ladybeellionaire.com can also be done via credit cards using the Paystack payment gateway or Rave by Flutterwave payment gateway. Should the Customer choose either Paystack or Rave by Flutterwave as their payment method, they will be redirected to the respective payment portals who, via a 256-bit DigiCert SSL SHA2 certified encrypted protocol, guarantees the security of the transaction. The total payment (Product price(s) + shipping cost(s)) for the transaction will be carried out following the procedure envisaged and regulated by either Paystack or Flutterwave and their respective terms and conditions of service. The data entered on the Paystack or Flutterwave payment portals website will be handled directly by either Paystack or Flutterwave and will not be sent to or shared with LadyBeellionaire. LadyBeellionaire therefore has no knowledge of and cannot record in any way the details of the credit card connected to the Customer at any time or any other payment instrument connected to said account.

For payment, the Customer must confirm on the payment portal that he/she is the card holder and that the name indicated on the credit card is his/hers; the Customer must provide the credit card number, expiry date and security key indicated on the card. Upon completing the order, the Customer’s bank may request confirmation of the data entered and that the credit card used has not been reported lost or stolen.

6.4.
International transaction fees: LadyBeellionaire does not apply any extra charges past the requested amount made at the time of purchase; any such fees that appear on your bank statement are withdrawn by your bank.

7. Shipping and Delivery

7.1.
Products will be delivered to the address specified by the Client in the order proposal. In some circumstances and in its absolute discretion, LadyBeellionaire may require the signature of the Client (or of a nominated adult representative) at the time of delivery. No deliveries will be made to post office boxes, Army Bases, courier collection points and/or Poste Restante addresses. In addition, LadyBeellionaire cannot be held responsible for unanticipated delivery delays beyond LadyBeellionaire’s control.

7.2.
For each order, LadyBeellionaire shall invoice the Products by e-mail or by mail to the Client, pursuant to any applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued. All shipping costs, including additional costs charged to the Customer are itemized in the order form at the time of purchase on the Website.

7.3.
Unless otherwise specified by LadyBeellionaire from time to time, delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.

7.4.
All orders are processed Monday through Friday, excluding Saturday, Sunday and holidays.  

7.5.
The purchased Product(s) shall be delivered by a carrier selected by LadyBeellionaire (hereinafter, “Carrier”). Deliveries are made Monday through Friday excluding Saturday, Sunday and holidays. 

7.6.
Unless otherwise specified in the Order Confirmation, the purchased Product(s) will be delivered within 30 (thirty) days from the date of the Order Confirmation (except in the event that a force majeure event or unforeseeable circumstance occurs). In case the delivery has not occurred within the above indicated term, the Client (by sending an e-mail to the e-mail address info@ladybeellionaire.com) shall provide LadyBeellionaire with a further ten (10) days to deliver the Product; provided that, in case of failure to comply with such term after receipt of the specified notice, the Client’s remedies shall be limited exclusively to termination of the contract and refund of payment received.

7.7.
At the time of delivery of the Products by the Carrier, the Client (or a nominated adult representative) is required to verify:
(i) that the number of items being delivered corresponds to that indicated in their shipping confirmation email; and 
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner.
Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Carrier’s delivery receipt. Except to the extent permitted under applicable laws, once the Carrier’s delivery receipt has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel.

7.8.
Every item purchased and shipped from the LadyBeellionaire online store is automatically insured with DHL.
LadyBeellionaire will not be liable for any loss or damage of packages shipped.
Please note that insurance claims and eventual payout in the event of loss or damage in transit is subject to the interpretation and terms of DHL.

Click here to read the DHL insurance policy or click here to download DHL’s brochure on shipment value protection.

8. Returns and Refunds and Exchanges

8.1.
For the purposes of these General Terms and Conditions of Sale, LadyBeellionaire does not accept returns of items that had already been produced and delivered to the Client unless it is a case of a faulty item. An item is deemed faulty only if it is confirmed to be a factory error. LadyBeellionaire is not liable for damages that might occur during shipping.

8.2.
LadyBeellionaire does not undertake refunds on item(s) already ordered and paid for by a Client.
A request for refund by a Client can only be considered to be valid in the event of the unavailability of the said item at the time the order was completed. The refund for an unavailable product is processed within 3-6 working days and is value less taxes and bank charges.
The Client also has the option of replacing the original order with another item of equivalent value in store.

8.3.
Unless otherwise stated, LadyBeellionaire allows the Client an 8-hour time frame from the moment an order was placed to request for an exchange of the original order with an item in store of equivalent value. The client has to call us on +234 703 307 4507 or by sending an e-mail to orders@ladybeellionaire.com to make this request. 

8.4.
To the maximum extent permissible under applicable law, LadyBeellionaire reserves the right to refuse return, refunds and/or exchange of any Product or Client that does not meet the above return requirements in LadyBeellionaire’s sole discretion. 

9. Guarantee of authenticity and intellectual property rights 

9.1.
LadyBeellionaire guarantees the authenticity of all Products purchased on the Website. Products bearing the LadyBeellionaire trademark are manufactured by in-house artisans, and are all rigorously and fully MADE IN NIGERIA. The materials used are of the best quality possible and are sourced by our Quality Assurance Team from third parties.
 
9.2.
The “LadyBeellionaire” trademark, the set of figurative and and/or shape marks present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of LadyBeellionaire Fashion House and Gallery.

10. Applicable Legislation; Jurisdiction and Arbitration 

10.1.
The laws of the Federal Republic of Nigeria (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City Lekki, Lagos State, Nigeria.

10.2.
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (LadyBeellionaire and the Client), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to a superseding judicial authority. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.

11. Warranty 

11.1.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD “AS IS” WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LADYBEELLIONAIRE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES.


Client acknowledges that no employee of LadyBeellionaire or its affiliates is authorized to make any representation or warranty on behalf of LadyBeellionaire or any of its affiliates that is not in these General Conditions. LadyBeellionaire also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory. 

12. Limitation of Liability and Force Majeure 

12.1.
THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE FEDERAL REPUBLIC OF NIGERIA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT.

12.2.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, LADYBEELLIONAIRE AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT LADYBEELLIONAIRE HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST THE CLIENT BY ANY THIRD PARTY.

12.3.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) LADYBEELLIONAIRE’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM LADYBEELLIONAIRE’S NEGLIGENCE; (II) LADYBEELLIONAIRE’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

12.4.
LadyBeellionaire will not be responsible for and no liability shall result to LadyBeellionaire or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond LadyBeellionaire’s reasonable control, including, but not limited to; Product unavailability, fires, storms, floods, accidents, explosions, epidemics, earthquakes, quarantine restrictions, civil or military authority, acts of public enemy, war, terrorism, interruption of electrical power or other public utility, freight embargoes, delays in transportation, acts of God or acts or laws of any government or agency. LadyBeellionaire will inform the Client of said unforeseeable events within seven days of its occurrence.
Any shipping dates or delivery dates represented by LadyBeellionaire are estimates only.

13. Privacy

13.1.
You will find information on how we process your personal data by reading the Privacy Policy.

13.2.
You are advised to read, if you haven’t already done so, our Conditions of Use which contain important information on how we process the personal data of our users and on the security systems we use.

13.3.
For further information and specific enquiries on our Privacy Policy you can contact us at: info@ladybeellionaire.com

14. Errors and Inaccuracies

14.1.
LadyBeellionaire’s goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. LadyBeellionaire reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

15. Severability

15.1.
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable for any reason whatsoever, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

16. Contacts 

16.1.
For further information and assistance with the Website or on the methods of purchase online, the Client may contact LadyBeellionaire by mail, telephone or email, as set forth below: 

LadyBeellionaire Fashion House and Gallery

Plot 8B, Block 104 Olabanji Olajide Street, Off Rahman Adeboyeji Street Lekki phase 1

Lagos State – Nigeria

Email: info@ladybeellionaire.com

Phone No: +234 703 307 4507

Last update: July 2020

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