SALE TERMS AND CONDITIONS
+234 (0) 808 193 1221
SALE TERMS AND CONDITIONS
These Sale Terms and Conditions (together with our Privacy Policy) form the contract between Empery Executive Services Ltd (“we/us”) and you (the “user” or “you”) and sets out the legal terms and conditions (the “Terms”) on which we sell any of the products or services (the “Products/Services”) listed on our Website (as defined below) to you.
These Terms will govern your use of the Website. Please read these Terms carefully and make sure that you understand them, before ordering any Products /services from the Website. Please note that before placing an order or offering our services, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order/ be granted access to any store or services from the Website.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to patronise us, please check the Website for the latest Terms to ensure you understand the terms which will apply at that time.
OUR PRODUCTS / SERVICES
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
You may only access our services through the Website if you are at least 18 years of age. We may also specify additional requirements for all or any Products / Services through the Website from time to time. By viewing, placing an order for Products or otherwise using the Website in any way, you are confirming that you agree to these Terms, that you are at least 18 years of age and that you comply with all such additional requirements specified by us as are applicable.
When making any order or request to us you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used or business to make your order or request and that there are sufficient funds to cover the cost of the Products requested. It is your responsibility to inform us of any changes to these details as soon as possible.
It is your responsibility to ensure that you comply with the laws governing the purchase, import, transport and use of the Products/services in your jurisdiction, within or outside Nigeria.
THE CONTRACT BETWEEN US
Our shopping site will guide you through the steps you need to take to place an order via the Website. Please note that where orders for several Products are made by you at the same time, we will process this via the Website as one composite order, but we reserve the right to divide the composite order into individual orders for acceptance and/or shipping, at our discretion.
3.1b
Our site will guide you through the steps you need for correspondences on all our services. We will process requests via the Website as one request, but we reserve the right to divide the requests into individual services for acceptance at our discretion.
Our order process allows you to order by yourself and we process your delivery, or make a request for quotation, or a third party purchase, which will be handled by us (Empery Global stores). Kindly ensure you check and amend any errors before submitting your order(s) processing, should you choose to place the order yourself. Please take the time to read and check your order(s) at each stage of the order process.
(a). Direct shopping by customer
Ordering your products by yourself from the store, and send to E-stores to ship to Nigeria. In this case, only the Shipping, tax and handling charges are paid to Empery Global Stores for delivery to Nigeria. Please note, our shipping charges and standards have to be strictly adhered to for delivery to customers in Nigeria.
(b) Custom order
Visit Any of your favourite online stores – UK, US or China. Fill the custom order form, and submit. A quote will be sent to you within 24hrs – 48hrs based on your custom order request with the total cost of purchase. At your acceptance and payment in full, we will proceed with the purchase. E-stores will order your items, after which a notification will be sent to you, confirming your procurement. Once your order has been confirmed, an order confirmation is sent to you with details of your order delivery.
After you place an order, kindly send your order confirmation to orders@emperyexecutiveservices.com. You will receive a confirmation e-mail from us acknowledging that we have received that request (“Order Request Acknowledgement”) and that it is pending. Please note that this does not mean that your order has been accepted. Our acceptance of each order, on behalf of the relevant supplier for each of their Products included in that order, will take place once payment has successfully been confirmed and taken for that order and the Products in that order have been dispatched.
You may request amendments to an order subject to the discretion of the issuing store. All amendments have to be submitted within 24hrs before Order Confirmation via our phone lines. Alternatively, you can email us at orders@emperyexecutiveservices.com before the Order Confirmation has been sent, stating every detail of the order including the name, order number and amendment details. If the Order Confirmation has already been sent you will be unable to submit a request to amend your order. If your order has already been dispatched, you are welcome to return the Products to us in accordance with policy set by the issuing store. At no time before an order which has been dispatched and returned can we cancel an order or process any refund?
3.4b
In the case of a return, please note that all cost of the return will be paid by the customer, not by Empery Global Stores.
Once payment has successfully been taken from the payment method you provided in respect of the Products included in that order, we will send you an e-mail to inform you that the order has been accepted, payment has been successfully taken and that your Products are being packaged and dispatched (the “Order Confirmation”). We may accept/reject any individual Product prior to taking payment for and sending the Order Confirmation for that Product. Products that form part of a composite order may be accepted and dispatched to you at different times. You may receive separate Order Confirmations for each package.
If we are unable to supply you with a Product/service due to certain operational reasons, for example because that Product is not in stock or no longer available or because of an error in the price on the Website, in the case of any of the services rendered by Empery Executive Services Limited (ESvl), we will inform you of this as soon as possible by e-mail. If this occurs before we have taken payment and sent you the Order Confirmation or Services Confirmation, we will not process that part of the order or service. If you have already paid for it, and we have sent you an Order Confirmation or Service Confirmation for that Product or Service, we will refund you the full amount including any delivery costs paid for that Product or Service as soon as possible.
OUR RIGHT TO VARY THESE TERMS
We amend these Terms from time to time. Please check back to the Website regularly and before you place an order or request a service to see if these Terms have been updated.
Every time you order Products or request Service from us, the Terms in force at the time of your order will apply to the Contract between you and us.
YOUR CONSUMER RIGHTS
Our Website is only intended for sales and services to consumers. As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation. This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can return your Product in accordance with policy set by the issuing store of the Delivery Date and refund process.
The cancellation right at clause 5.1 above does not apply in the case of certain Products or stores, where this is indicated in the relevant Product’s description, or where the Product is perishable or is mixed inseparably with other items after its delivery. These Products include: underwear, swimwear or bra and knickers sets, pierced earrings or jewellery sets containing earrings or real body jewellery (unless the items have a manufacture fault or have been wrongly dispatched, in which case please contact us as mentioned below). Please read the Product description carefully before placing an order.
5.3
To cancel an order of a particular Product or Service, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting our Customer Service team by following one of the methods referred to on the Contact Us page of the Website. Further details and a link to the web cancellation form will be included in our Order Confirmation. We will e-mail you to confirm we have received your cancellation request.
Please include full details of your order in your cancellation notice to help us to identify it and process your request. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date we receive your email to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
If you cancel an order or service, we will refund you the price you paid for the Product(s) or Service(s), in the currency you made payment and at the exchange rate you paid. If you used gift vouchers to pay for the Product we may refund you in gift vouchers allocated to the same user account. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
If only some of the items are returned, then only part of your delivery costs included in that order will be refunded.
The Product for return back from you, must be in its original packaging and not amended in any for
Unless the Product is faulty or not as described (in this case, see clause 5.6.6), you will be responsible for the full cost of returning the Product to us.
You must return the Product you wish to return for refund to us at the returns address specified on our Website without undue delay and in any event not later than the specified date of return processing, which has to be at the least 14 days to the date giving by the issuing store from the day on which you let us know that you wish to cancel the Products / Services in your order or request. Please see our Contact Us page for our returns address. We will email you on receipt of the returned Product and process any return requests accordingly.
The original delivery notes or full valid details of your order should be included in the returned parcel together with all labels/tags intact in order for the return to be processed correctly. Returned parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package.
You can either send your Products back to us via post, or hand it to our authorised carrier (if this option is available to you as specified in your Order Confirmation). The Product has to get to us with a space of 14days to the return date issued by the store. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
If you return Products to us by post, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method which requires a signature on delivery. Any cases of non-delivery of returned Products will not be considered without a valid receipt for the full postage (of any courier service used).
As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
If you have returned the Product(s) to us and we are satisfied this is because they were originally faulty (other than as a result of improper use or maintenance by you), we will make a refund to you, and of any applicable delivery charges you incurred in returning the item to us.
DELIVERY [ORDER AND SERVICES]
Your Order Confirmation will confirm an estimated Delivery Date for the Products in your order or services requested. You may receive separate Order Confirmations for Products in your order dispatched separately. Dispatch times may vary according to supplier’s availability, and representations made as to delivery dates may be subject to postal delays or an event outside our control for which we are not responsible.
Delivery costs will be calculated by us for your third party purchases [CHECK OUR SHIPPING AND DELIVERY CHARGES] and will be specified as part of the order process before you place the order on the Website (please do make sure to check our shipping duties and other charges before you proceed to place your other. See clause 3.2), and will be charged in addition to the price of the Products. The estimated Delivery Date(s) will depend on the delivery service chosen.
Delivery shall be via a trackable or non-trackable service, unless you select nominated day delivery in which event delivery shall be by a courier or other trackable service selected by us.
Delivery of an order shall be completed when we deliver the Products to the address you provided to us. It is your responsibility to make arrangements to accept delivery. We will not be responsible for any delays caused by customs clearance. If a parcel is undelivered to an address after 20 – 50 days from the dispatch date, we will consider issuing a refund after an investigation has taken place. Under no circumstances can we declare a parcel as lost until a full investigation with the warehouse/courier company/returns department has taken place.
Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any Products for reasons within our control, then we will notify you as soon as possible, and will provide you with further reasonable delivery options (at no additional cost to you). You may cancel your order straight away if we notify you that we will not be able to make any further delivery of those Product(s) or Service(s).
If you do choose to cancel your order for late delivery under clause 6.5 you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and applicable delivery charges.
PRICE OF PRODUCTS AND DELIVERY CHARGES
The prices of the Products and delivery charges are as quoted on the Website, or customised quote at the time your order is accepted and an Order Confirmation is issued.
It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered, we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order or part of your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
Prices for each supplier’s Products may change from time to time, but changes may or may not affect any order you have already placed and given the confirmation. In any case where your other is affected, we would notify you either to continue with the order or request a refund. The order will be handled as confirmed by your response.
The price of a Product includes any applicable VAT. VAT at the applicable rate will be payable by you in respect of all packaging and shipping charges.
All of our Products are delivered with a packing slip identifying the customer’s billing and shipping address and the Products included in that order but not the costs. An invoice is available upon request via email as soon as the Order Confirmation has been sent which shows the breakdown of Products and costs including VAT. All Products are inclusive of VAT unless delivered directly to a location that does not charge VAT. The invoice provided within the parcel will assist applicable customers in claiming a refund of any VAT where this is due at a later date themselves. We do not deduct this or provide any further details apart from the invoice.
HOW TO PAY
You can only pay for Products using a debit card or credit card or other payment method in each case which is approved by Empery Executive Services Limited.
Payment for the Products and all applicable delivery charges are due in Nigeria Naira, US Dollars or UK Pounds Sterling in advance, unless otherwise stated. Any currency conversions shall be carried out by the prevailing parallel market exchange rate as at the date of transaction.
LIABILITY
This clause 9 does not affect your statutory rights as a consumer.
If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Website.
The Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any indirect or consequential loss or damage or loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Our total liability to you in respect of any losses arising as result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
This clause 9 shall survive termination of the agreement between you and us.