DEFINITIONS
“Company” and “Seller” means Safety product manufacturer trading as
SafetyDirect, or its permitted assigns.
“Conditions” means these terms and conditions.
“Contract” means any contract between the Company and the Customer for
the sale and purchase of Supplies.
“Customer” means the person(s) or corporate bodies whose order for the
Supplies is accepted by the Company.
“Goods” means any items supplied or to be supplied by the
Company to the Customer.
“Personal Information” means data provided by
a customer in the course purchasing goods on the Safetydirect. This includes
name, date of birth, address, telephone numbers.
“Services” means any services supplied or to be supplied by the
Company to the Customer.
OVERVIEW
This website is operated by SafetyPlus
Engineering Services Limited (Safetyplus). Throughout the site, the terms “we”,
“us” and “our” refer to SafetyPlus. SafetyDirect is the online e-commerce
platform for SafetyPlus.
This website is owned and operated by
SafetyPlus. SafetyDirect offers this website, including all information, tools
and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing
something from us, you engage in our service and agree to be bound by the
following terms and conditions of service. These Terms of Service apply to all
users of the site. The Site reserves the right to modify portions of both the
Terms of Use and the Terms of Sale at any time.
Please carefully read these Terms and
Conditions of Service before accessing or using our website. If you do not
agree to all the terms and conditions of this agreement, then do not access the
website or use any services.
PART 1 - ONLINE
STORE TERMS OF USE
By accessing this site, you agree to these
Terms of Service, and represent that you are at least 18 years of age or you
are accessing the website under the supervision of your parents or guardian.
You must not transmit any worms or
viruses or any code of a destructive nature.
A breach or violation of any of the
Terms will result in an immediate termination of our Services.
PART 2 - GENERAL
CONDITIONS
We reserve the right to decline
service to any customer for any reason at any time.
The headings used in this agreement
are included for convenience only and will not limit or otherwise affect these
Terms.
PART 3 -
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services
are subject to change without notice.
We reserve the right to adjust or
discontinue the Service without notice at any time.
We shall not be legally responsible to
you or to any third-party for any alteration, price change, or suspension of
Service.
Prices quoted or communicated to the Customer
do not include VAT.
The Seller reserves the right to
deliver in more than one consignment and to invoice each consignment separately.
PART 4 - PRODUCTS
OR SERVICES
Some products may be available
exclusively online through the site. These products may be limited in
quantities and are subject to return or exchange only conferring to our Return
Policy.
We have done everything possible to
display as accurately as possible the images of our products, emphasizing their
qualities, colours and sizes as they appear at our store. We cannot guarantee though that your computer
monitors and phone screens of any colour will be as accurate.
All descriptions of product(s) pricing
are subject to change at any time without prior notice, which is at the
discretion of the company. We reserve the right to suspend any product at any
time. Any offers made on suspended products are considered void and will not be
processed.
PART 5 - ACCURACY
OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any
order you place with us. In the event that we make a change to or cancel an
order, we may attempt to notify you by communicating via e-mail and/or billing
phone number provided at the time the order was made.
You agree to make available current,
accurate and complete purchase and account information for all purchases made
at our store. You agree to update your account and other needed information,
including your email address, credit card numbers and expiration dates, so we
can complete your transactions and contact you as needed.
For more information, please review
our Returns Policy.
PART 6 - CONTRACT
When
you place an order, you will receive an acknowledgement e-mail confirming
receipt of your order. This email will only be an acknowledgement and will not
constitute acceptance of your order. A contract between us for the purchase of
the goods will not be formed until your payment has been approved by us and we
have debited your credit or debit card. The company however still deserves the
right to cancel the order at any time before delivery of the product.
PART 7 - OPTIONAL
TOOLS
We may provide you with access to
third-party tools over which we will not monitor or make any input.
You acknowledge and agree that we
provide access to such tools ”as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional
third-party tools.
Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which
tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new
services and/or features through the website (including, the release of new
products). Such new features and/or services shall also be subject to these
Terms of Service.
PART 8 - USER
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain
specific submissions or without a request from us you send suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or general 'comments', you agree that we
may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation to
(a) Maintain any comments in
confidence;
(b) Pay compensation for any comments;
We may monitor, edit or remove content
that we determine in our sole discretion are unlawful, offensive, threatening,
defamatory, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service.
You agree that your comments will not
violate any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. You further agree that your
comments will not contain slanderous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in any way
affect the operation of the Service or any related website. You may not use a
false e-mail address, pretend to be someone other than yourself, or otherwise
mislead us or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party.
PART 9 - PERSONAL
INFORMATION
Your submission of personal
information is governed by relevant privacy laws operating in the Federal
Republic of Nigeria.
PART 10 - ERRORS,
INACCURACIES AND OMISSIONS
Occasionally there may be information
on our site or in the Service that contain inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice.
We undertake no obligation to update,
amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
PART 11 -
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results
that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we
may remove the service for indefinite periods of time or cancel the service at
any time, without notice to you.
You expressly agree that your use of,
or inability to use, the service is at your sole risk. The service and all products
and services delivered to you through the service are (except as expressly
stated by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
SafetyDirect directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors will not be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
PART 12 -
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.
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.
PART 13 –
PAYMENT, PRICING & GURANTEE
Although we strive to ensure that all
details, descriptions and prices which appear on this Website are accurate,
errors may occur. If we discover an error in the price of any goods which you
have ordered we will inform you of this as soon as possible and give you the
option of reconfirming your order at the correct price or cancelling it. If we
are unable to contact you, we will treat the order as cancelled. If you cancel
and you have already paid, you will receive a full refund.
The Service may contain typographical
errors or other errors or inaccuracies and may not be complete or current. We
therefore reserve the right to correct any errors, inaccuracies or omissions
and to change or update information at any time without prior notice. We
reserve the right to refuse to fulfil any orders that you may place based on
information on the Service that may contain errors or inaccuracies, including,
without limitation, errors, inaccuracies or out-of-date information regarding
pricing, shipping, payment terms, or return policies
The Seller guarantees to refund the
price of, or to repair or replace free of charge, any of the Goods found to its
satisfaction to be defective within 12 months of the date of delivery owing to
faulty design, materials or workmanship, provided that the Goods shall not have
been modified or repaired other than by the Seller, and provided they have been
operated, stored and maintained with the Seller’s recommendations for use. In
the case of Goods repaired or replaced by the Seller, the guarantee shall
terminate at the end of the original guarantee period. Under this policy:
a) Goods returned under this guarantee
must be delivered to the Seller’s premises at the Purchaser’s expense
accompanied by the Seller’s original packaging note or delivery note and a
statement of the reason for the return.
b) Goods shall not be considered
defective for the purposes of this section unless:
(i)
they are not in accordance with any specification of the Purchaser
accepted in writing by the Seller, or
(ii)
if there is no such specification or to the extent that such
specification is silent as to any aspect of the design, function, performance,
tolerances, quality or characteristics of the Goods, the Goods do not conform
to the Seller’s published information (if any) or otherwise to the standards
which the seller considers normal or usual for products of the kind sold at a
similar price. The Seller is not in a position to ensure that the Purchaser’s
specification is correct and/or sufficient for the purposes intended by the
Purchaser and the Purchaser is solely responsible therefore.
PART 14 –
TERMINATION
These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services.
PART 15 -
SEVERABILITY
If any portion of these Terms or
Conditions of Sale 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 of Sale and shall not affect the validity or
enforceability of any other part listed in this document.
PART 16 - ENTIRE
AGREEMENT
These Terms of Service and any
policies or operating rules posted by us on this site or in respect to our
services constitute the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation
of these Terms of Service shall not be construed against the drafting party.
PART 17 - FORCE
MAJEURE
The Seller shall have no liability in
respect of failure or delay in delivering or in performance of any obligations
under the contract due to any cause outside the Seller’s control including, but
not limited to Acts of God, fire, flood, war, civil disturbance, riot, act of
Government, currency restriction, industrial disputes, unavailability of
materials or failure of supplier, carrier or sub-contractor to deliver on time.
PART 18 - DISPUTE
RESOLUTION
If any dispute arises as a result of
the use of this website, the aggrieved party and the company shall endeavour to
settle the dispute between each other at first instance through a notification
sent to the office of the company by e-mail. If an amicable resolution is not
reached between parties, the dispute shall be finally resolved through
arbitration as governed by the Arbitration of Conciliation Act of Nigeria, CAP
A.18 LFN 2004.
PART 19 - LAW
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of the Federal Republic of Nigeria.
PART 20 - CHANGES
TO TERMS OF SERVICE
We reserve the right, at our sole
discretion, to update, change or replace any part of these Terms of Service by
posting updates and changes to our website. It is your responsibility to check
our website periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these Terms of
Service constitutes acceptance of those changes.
PART 21 -
COMPLAINTS
If you have any queries or complaints,
kindly call us on +234(0) 708 602 7777 OR +234(0) 805 777 8800 Or
send us an email on [email protected]