Introduction
Welcome to The Hamper Shop website (the “Site”). These terms & conditions apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions. This website is owned and operated by Sweet Senses Collection Nigeria. For the purposes of this website, “seller”, “we”, “us” and “our” all refer thehampershop.ng. The Site reserves the right, to change, modify, add, or remove portions of the Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
General
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services provided by us does not constitute an offer to sell, but merely an invitation to treat. The 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.
Both parties 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, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
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.
Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. 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 the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Delivery
This Site is only for delivery of products to customers within Nigeria. We make every effort to deliver goods within the estimated timescales set out on our Site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain at all times vested in us or our licensors. The use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorized use of the material and content 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 material and content.
Returns
Deliveries Returned to Us
Occasionally a hamper will be returned to us for one of the following reasons:
- the phone number of the recipient is not reachable
- the recipient is not known at that address or has moved
- address details are incorrect or insufficient
- the recipient was in a hospital or hotel and has been discharged or checked out
- If a parcel has an incorrect address, our couriers are unable to call the recipient to verify, and instead the parcel will be returned to us
- Hampers cannot be re-directed while in transit and will need to be returned to us before being sent to the new/correct address
- We will inform you via email within one week of the hamper being returned to us
- An applicable re-delivery fee will be passed on to you to facilitate the delivery of the hamper to the same or an alternative address
- Due to the perishable nature of our hampers, orders returned to us for any of the reasons mentioned above cannot be cancelled and refunded
Returns, Cancellations, and Refunds
- If you have any queries or concerns with the hamper(s) you have sent or received, please call our customer service team on ………. or email ………………………
- In the event that your hamper or its contents arrive damaged or faulty, we will happily replace, exchange or issue a credit voucher depending on the extent of the damage.
- We will require photos so that we can better understand the extent of the damage or issues with the product
- If it is necessary for the product to be sent back to us due to damage or being faulty, we will email you a return label to cover the cost of the shipping
- We will not be able to replace, exchange or issue a credit for any product that has been dispatched for more than 7 days
- Please note that refunds will be credited to your account on the website for which you can pick up any other item on the site.
- Orders cannot be canceled once they have been prepared and are with our couriers for delivery
Privacy
This privacy policy sets out how The Hamper Shop uses and protects any information that you give The Hamper Shop when you use this website. The Hamper Shop is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with our privacy policy as seen here. The Hamper Shop may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Indemnity
You agree to indemnify us, our
affiliates, officers, directors, agents and/or employees, as the case may be,
free from any claim or demand, including reasonable legal fees, related to your
breach of these Terms and Conditions.
Severability
If any portion of these Terms & Conditions 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 section listed in this document.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
Arbitration Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law 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 a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.