Terms & Conditions
Canceling Items or Orders:
If an unavailable item is keeping other items on an order from shipping or you simply decide you don’t need an item anymore, you can delete items from your open orders in the Orders section in Your Account. Deleting all items in an order will cancel the entire order.
If your order has shipped it cannot be modified.
Changing an order Before It Ships:
Orders placed on afroessential.com enter the shipping process very quickly so we can get your items to you as soon as possible. Orders already in the shipping process cannot be modified.
You can update your unshipped orders by visiting the Order section in Your Account and then clicking the Change button next to each item you wish to modify (billing address, shipping address, payment method, gift options, etc.).
LEGAL NOTICE
WEBSITE TERMS
1. USE OF THIS WEBSITE:
This website is owned by AFROESSENTIAL LIMITED, Registered Number RC. 848792. Your use of this website is subject to the following terms and all applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. You are responsible to ensure that your access to this website and material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.
2. PRIVACY:
Our privacy practices are explained in our Privacy Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read our Privacy Policy and agree to be bound by and accept its terms and conditions. You consent to the use of your personal information by AFROESSENTIAL in accordance with the terms of and for the purposes set forth in our Privacy Policy, as same may be amended from time to time.
3. OTHER POLICIES AND AGREEMENTS:
When you purchase products from AFROESSENTIAL using the www.afroessential.com website, your purchase is subject to separate Terms and Conditions of Sale applicable to the website which are set out below. Certain additional terms and conditions may apply to purchases of products and other uses of portions of the www.afroessential.com website.
4. YOUR ACCOUNT:
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This website is directed for use by adults. Those under the age of 15 should not use this website unsupervised. In addition, if you are aged 15 or older but under 18, your parent or guardian should use this website on your behalf and you should not use the website on your own or provide any personal information to AFROESSENTIAL. AFROESSENTIAL does not knowingly collect information from children under the age of 15. Afroessential and its affiliates reserve the right to refuse service, terminate accounts, or refuse orders in their sole discretion.
5. PRODUCT INFORMATION:
AFROESSENTIAL and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by AFRO ESSENTIAL. However, AFRO ESSENTIAL does not warrant those product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Orders will only be accepted if there are no material errors in the description of the products or their prices as advertised on this website.
PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE EXCLUSIVE OF VAT.
THIS WEBSITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.
6. EXCLUSION OF WARRANTIES:
AFROESSENTIAL makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. AFROESSENTIAL does not represent, warrant or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. Nothing in these terms excludes or limits liability for death or injury caused by negligence or fraud. Subject to the previous sentence other than expressly set out in these terms any indemnities, warranties, terms, and conditions express or implied are hereby excluded to the fullest extent permitted by Nigerian law.
7. COPYRIGHTS AND TRADEMARKS:
Material on this website, including but not limited to texts, images, illustrations, software, audio clips, and video clips, is owned or otherwise provided by AFROESSENTIAL, does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in Nigeria and in other jurisdictions by copyright and database laws and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of AFROESSENTIAL. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of AFROESSENTIAL or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing on this website is to be interpreted as conferring a right to use the Marks or the material protected by the copyright or database laws.
8. CONFIDENTIALITY OF THE INFORMATION TRANSMITTED:
You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to AFROESSENTIAL’s privacy policy, and acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to AFROESSENTIAL by accessing or using this website does not infringe the rights of any other person or entity. You consent to AFROESSENTIAL using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of AFRO ESSENTIAL or the disclosure of your identity, in accordance with the AFROESSENTIAL Privacy Policy (see Section 2 above).
9. ELECTRONIC COMMUNICATIONS:
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
10. SURVEILLANCE:
AFROESSENTIAL may monitor the access to its website and other activities in relation to its website and may intervene in this regard. However, AFROESSENTIAL makes no representation and gives no warranty to that effect. You consent to such surveillance and intervention if AFROESSENTIAL ever decides to do it.
11. LINKS:
Links and references to other websites are provided to you as a convenience only. AFROESSENTIAL has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by AFROESSENTIAL. To seek permission, contact our Website administrator at admin@afroessential.com
12. VIRUSES, ETC:
AFROESSENTIAL does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected
13. RESERVATION OF RIGHTS:
All rights not expressly granted in these terms are reserved to AFROESSENTIAL. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property rights of AFROESSENTIAL or any other person or entity.
14. GOVERNING LAW:
AFROESSENTIAL LIMITED controls and operates the NIGERIAN portion of the website from Nigeria. Because it is directed solely at NIGERIAN customers and NIGERIA prospective customers, these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of NIGERIA without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15. DISPUTE RESOLUTION; INJUNCTIVE RELIEF:
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.
Binding Arbitration – Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including schedule A) (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, in accordance with the arbitration rules set out in schedule A, which Schedule is incorporated into and forms an integral part of these terms. However, before you submit a Claim for arbitration, you must first contact our customer service representatives and give us an opportunity to resolve the dispute. Similarly, before Afroessential takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or Afroessential is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in schedule A. For greater certainty, no recourse may be made by either party to any court or tribunal, in respect of any matter whatsoever relating to these terms including, without limitation, any Claim, any arbitration initiated to resolve a Claim, and any arbitration award made in relation to a Claim, except as expressly permitted in these terms or by law. Any award rendered pursuant to the arbitration shall be final and binding on each of the parties and no appeal shall lie from such award. Such an award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought.
NO CLAIM MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE PARTIES EXPRESSLY AGREE THAT ANY CLAIM THAT IS ARBITRATED PURSUANT TO THESE TERMS SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRAL PROCEEDING FOR ANY REASON. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND AFROESSENTIAL BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.
Injunctive Relief and Provisional Relief
Notwithstanding the provisions in this Section 15, Schedule A or any other provision of these terms, AFROESSENTIAL shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
16. CHANGES TO TERMS / SEVERABILITY:
AFROESSENTIAL may modify, alter or otherwise update the terms applicable to this website from time to time. We will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If anyone of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
17. JURISDICTION:
AFROESSENTIAL makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. NO WAIVER:
The failure of AFROESSENTIAL to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of AFROESSENTIAL to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.
19. ENTIRE AGREEMENT:
These terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and AFROESSENTIAL with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by AFROESSENTIAL making such amendments or modifications available to it pursuant to the terms hereof.
21. TERMINATION:
AFROESSENTIAL reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.
22. HEADINGS:
The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.
Last update: February 2020
TERMS AND CONDITIONS OF SALE:
The terms and conditions set forth apply to the purchase of products and/or services (the “Products”) from AFROESSENTIAL LIMITED.
AFROESSENTIAL LIMITED reserves the right to change these terms and conditions without prior written notice at any time, at AFRO ESSENTIAL’s sole discretion.
The terms “you” and “your” refer to the purchaser of Products using the www.afroessential.com website.
1. CONSENT TO USE OF ELECTRONIC DOCUMENTS:
You hereby consent to the exchange of information and documents between you and Afro Essential over the Internet or by e-mail. Your order is accepted as set out in Section 3 below shall form an agreement between us which is subject to these terms and conditions agreed between us. You further 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.
2. OTHER DOCUMENTS, AGREEMENTS, AND POLICIES:
Your use of this website is governed by separate Website Terms and by our Privacy Policy (the “Other Policies”). You acknowledge that you have read the Other Policies and agree to be bound by and accept the terms and conditions set forth therein. Notwithstanding the foregoing, the provisions of this Agreement (and, in particular, the dispute resolution provision in Section 13 of this Agreement) shall supersede and take precedence over the provisions of the Other Policies; in the event of any inconsistency between the provisions of this Agreement and those of the Other Policies, the provisions of this Agreement shall govern. Certain additional terms and conditions may apply to purchases of Products and other uses of portions of this website.
3. ORDER:
Before submitting an order for the purchase of Products using this website, you will be shown an order confirmation screen (the “Order Confirmation”) describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes. When you submit your order (by pressing the [“Confirm”] button), such order will constitute an offer from you to Afroessential to purchase the Product(s) described in the Order Confirmation, for the price and subject to the other charges, terms, and conditions set out in the Order Confirmation. Orders are not binding on AFROESSENTIAL unless and until accepted by AFROESSENTIAL. AFROESSENTIAL’s acceptance of your order is evidenced by return e-mail from AFROESSENTIAL indicating that your order has been accepted.
4. CANCELLATION:
AFROESSENTIAL reserves the right, in its discretion, to limit quantities, terminate accounts and to refuse or cancel any order, including after the order has been submitted, whether or not the order has been confirmed and your credit or debit card charged. In the event that your order is canceled after your payment has been processed, AFROESSENTIAL will issue a full refund.
5. PRICE:
All prices quoted are payable in the Nigerian Naira or other applicable currency. Although AFROESSENTIAL strives to provide accurate product and pricing information, errors may occur. AFROESSENTIAL reserves the right to correct any errors in pricing or product information at any time and to modify the prices of Products, at any time, without notice prior to acceptance of any orders. AFROESSENTIAL cannot confirm the price of a Product until after you submit an order for the Product. Without limiting the generality of Section 4 above, in the event that the price or related information for a Product (as described on the www.Afro Essentialshoes.com website and/or the Order Confirmation) is incorrect due to an error in pricing or product information, AFROESSENTIAL may, at its sole discretion, refuse or cancel your order, whether before or after AFROESSENTIAL’s acceptance thereof. If there is such an error in pricing, AFROESSENTIAL will cancel your order and reverse any charges that have been applied, then contact you to ask you to place a new order for the Product at the correct price.
6. PAYMENT TERMS:
Payment shall be made when you place your order by credit or debit card unless some other pre-arranged method of payment has been accepted by AFROESSENTIAL. Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.
7. PRODUCT AVAILABILITY:
The availability of certain Products may be limited, and Products may not be available for immediate delivery. AFROESSENTIAL may revise or cease to make available any Products at any time without prior notice. In the event that AFROESSENTIAL is unable to deliver you a Product ordered due to lack of availability, AFROESSENTIAL will notify you via e-mail and your order will be automatically canceled with respect to such unavailable Product, provided that Afroessential may, in its sole discretion, contact you in order to allow you to maintain your order subject to the revised delivery time if and when the Product becomes available.
8. SHIPPING; TAXES:
AFROESSENTIAL will ship the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by AFROESSENTIAL are estimates only. AFROESSENTIAL shall not be responsible for any damages or costs resulting from any delays in delivery.
Unless otherwise stated, all prices quoted do not include shipping and handling charges and applicable VAT. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each Order, as applicable. You are responsible for all VAT associated with the Order.
9. OWNERSHIP; RISK OF LOSS:
All Product(s) purchased from AFROESSENTIAL are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the Product(s) and shall assume the risks of loss at the time of delivery by AFROESSENTIAL of the Product(s) to the third party delivery company.
10. RETURNS:
All Product returns are subject to the AFROESSENTIAL Returns Policy, the terms of which are incorporated herein by reference. Some restrictions may apply.
11. NO ASSIGNMENT:
You may not assign your rights or obligations under this Agreement without the express written consent of AFROESSENTIAL.
12. ENUREMENT:
This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.
13. SEVERABILITY:
The provisions of this Agreement shall be deemed severable. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. ENTIRE AGREEMENT:
This Agreement, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and AFROESSENTIAL relating to the subject matter hereof, the use of this website and any transactions conducted on or from this website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by AFROESSENTIAL making such amendments or modifications available to it pursuant to this Agreement.
15. NO WAIVER:
The failure of AFRO ESSENTIAL to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of AFROESSENTIAL to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.