IMPORTANT:
By using the justfantastic.com.ng website (“the website”), you are agreeing to be bound by the following Terms and Conditions.
GENERAL
You confirm that you are 18 years or above or you are accessing thiswebsite under the supervision of your parent or legal guardian.
These Terms and Conditions shall fully govern the use of this website as well as the sale and purchase of goods and services on this website. No other form of extrinsic evidence, whether oral or written, will be incorporated.
The website reserves the right to change, modify, add, or remove any part of these Terms and Conditions at any time. Changes will be effective when posted on the website with no other form of notice provided. Your continued use of this website following the posting of changes, modifications, additions or removal of any part of these Terms and Conditions constitutes your acceptance of those changes, modifications, additions and removal of the part.
These Terms and Conditions specifically prohibit actions such as accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code and infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
FORMATION OF CONTRACT
Parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. Parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Parties further agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed and accepted, you may be asked to provide additional verification or information, including but not limited to phone number and address. Please note that there are cases when an order cannot be processed for various reasons. The website reserves the right to refuse or cancel any order for any reason at any given time.
REGISTRATION AND SUBSCRIPTION
Certain services and related features that may be made available on this website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of this website is solely responsible for keeping their passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The website shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this part.
During the registration process you agree to receive promotional emails from the website. You can subsequently opt out from receiving such promotional emails by clicking on the link at the bottom of any promotional email.
USER SUBMISSIONS
All information submitted to this website and/or provided to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to this website, you also grant us the right to use the name submitted in connection with such review, comment, or other content.
You shall not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to remove or edit any Submissions.
DATA PROTECTION
Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our website.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained on this website is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and does not in any way constitute either a representation, warranty or a guarantee.
Product representations expressed on this website are those of the vendors and are not made by us. Submissions or opinions expressed on this website are those of the individuals posting such content and may not reflect our opinion.
ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to this website at all times.However, we make no representation of that nature and reserve the right to terminate this website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
LIABILITY OF PARTIES
This website operates as a marketplace which is open to third parties for sale of their products and services. None of the products and services listed on this website are owned, sold or offered by us, neither are we involved in the actual sale transaction between the buyers and sellers on this website.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on this website.
LINKS AND THIRD PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he/she does so at his/her own risk. We accept no responsibility for any content, including, but not limited to information, products and services available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
INTELLECTUAL PROPERTY
Parties agree that all intellectual property rights and database rights, whether registered or unregistered, information content on this website and all the website design, including, but not limited to, text, graphics, software, photos, video and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the materials and contents of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such materials and contents.
DELIVERY
This website is only for delivery of products and services to customers within Nigeria. We make efforts to deliver within the estimated timeframe set out on this website; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver within the estimated timeframe where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
INDEMNITY
You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees free from any claim or demand including reasonable legal fees, related to your breach of these Terms and Conditions.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the Laws of the Federal Republic of Nigeria. Subject to the Arbitration clause below, Parties hereby agree to submit to the jurisdiction of the Nigerian courts and to waive any objections on venue.
ARBITRATION
Any dispute or claim arising out of or relating to these Terms and Conditions will be referred to arbitration before a single arbitrator appointed by the President for the time being of The Chartered Institute of Arbitrators, UK (Nigerian Branch). The arbitration proceedings shall take place in Lagos – Nigeria and at such other venue as may be agreed upon by the Parties pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be experienced in the Information Technology field in Nigeria and independent of either party. Notwithstanding the foregoing, thiswebsite reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
TERMINATION
In addition to any other legal or equitable remedies, we may without prior notice to you, immediately terminate these Terms and Conditions or revoke any or all of your rights granted therein.
Upon termination, you shall immediately cease all access to and use of this website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny you access to and use of this website in whole or in part.
Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that thiswebsite shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with any terms, conditions, rules, policies, guidelines, or practices of this website, your sole and exclusive remedy is to discontinue use.
SEVERABILITY
If any portion of these Terms andConditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other part therein.
ACCEPTANCE OF ELECTRONIC DOCUMENTS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS PROVISIONS
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions to any third party is prohibited unless agreed upon in writing by the seller and we reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on thiswebsite to our users; however, errors may still occur, which result in incorrect display of prices of items on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to deliver goods or services, we will inform you of this as soon as possible and a full refund will be made where you have already paid for the products.
USE OF VOUCHER CODES
This website accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on thiswebsite entitle you at the time of ordering a product to a saving on the order being placed. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on thiswebsite.
Our voucher codes may not be exchanged for cash with the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments.We reserve the right to cancel or withdraw our voucher codes at any time.
RETURN POLICY
Our Return Policy is as contained in the document titled “Return Policy” on this website.