“Buyer” means the person who purchases Goods on the Platform;

“Conditions” mean these Terms and Conditions of Sale;

“Contract” means the contract formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Goods sold by Seller;

“Goods” means the goods made available for sale on the Platform, including any instalment of the goods or any parts for them;

“ECOVANI STORE” means ECOVANI COMPANY LIMITED (Company No.: RC1573649), a company incorporated in Nigeria and having its registered address at No. 60 valentino street, Along ife road, Ondo City, Ondo.

“Ecovani Store Terms and Conditions” means these Terms and Conditions of Sale and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services;

“Platform” means the ecovanistore.com website

“Services” means the use of any services, information and functions made available by Ecovani at the Platform;

“Writing” includes electronic mail facsimile transmission and any comparable means of communication.

1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 Any references to “Ecovani” in these Conditions refer to both Ecovani Store’s actions on its own behalf as Seller and/or as the operator of the Platform in respect of each and every Contract.

1.4 The headings in these Conditions are for convenience only and shall not affect the interpretation of any parties.

2. Basis of the Contract

2.1 The Platform provides a place and opportunity for the sale of Goods.

3 Placing an order

3.1 When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order. We then carry out a standard pre-authorisation check to make sure there’s enough money on the card.

3.2 We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).

3.3 You may be able to cancel (not change) your order within a short period of ordering – timings depend on your chosen delivery method (and will be set out in the acknowledgement email). You can’t change your order – you’ll need to cancel (and/or return original item(s)), and re-order.

3.4 All orders are subject to availability and confirmation of the order price. Don’t worry, if there’s an issue with an order, we’ll get in touch with you.

3.5 Very occasionally, we may need to refuse or cancel an order or close or freeze an account (even if we have previously confirmed your order) – e.g. if we notice something unusual on an order or an account. If this happens to you and you think we’ve made a mistake, please don’t take offence – get in touch with Customer Care and they’ll be happy to speak to you about it.

 

4. Price

4.1 The price of the Goods shall be the price stated on the Platform at the time which the Buyer places and completes the order form on the Platform. The price includes any applicable sales and services tax, value added tax or similar tax which the Buyer shall be liable to pay to Ecovani Store in addition to the price, but it excludes the delivery charges.

4.2 If we can’t get in touch with you, we will treat the order as cancelled. If you cancel and you’ve already paid, we will refund you in full.

4.3 Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged. Such additional charges will be clearly shown during the checkout process and included in the ‘Total Cost’.

 

5. Terms of Payment

5.1 The Buyer shall be entitled to make payment for the Goods using the various payment methods made available on the Platform. All payments shall be made to Ecovani Store.

5.2 The terms and conditions applicable to each type of payment, as prescribed by Ecovani Store on the Platform, shall be applicable to the Contract. The payment methods may also be subject to the following terms:

5.2.1 Credit Card

Credit card payment option is available for all Buyers. Ecovani Store accepts all Visa and MasterCards credit cards and is 3D Secure enabled (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.

Please take note that additional charges may be incurred if Buyer is using international issued card due to foreign exchange rates.

5.2.2 Debit Cards

We accepts all Nigeria Visa and MasterCard debit cards, subject to bank availability. All debit card numbers shall be protected by industry leading encryption standards.

5.2.3 Online Banking

By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a our account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Naira. We, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.

5.3 If the Buyer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, we shall be entitled to:

5.3.1 cancel the Contract or suspend deliveries of the Goods until payment is made in full; and/or

5.3.2 charge the Buyer interest on the amount unpaid at the rate of one per cent (1.0%) per month until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).

5.4 All payments for the purchased Goods must be made to Us using the payment methods made available on the Platform only. Ecovani Store shall not be held responsible for any losses which may arise from payments made directly to Third Party Vendors or through payment methods apart from the available payment methods on the Platform.

 

6. Delivery/Performance

6.1 Delivery of the Goods shall be made to the address specified by the Buyer in its order.

6.2 Ecovani Store has the right at any time to sub-contract all or any of its obligations for the sale/delivery of the Goods to any other party as it may from time to time decide without giving notice of the same to the Buyer.

6.3 Any dates quoted for delivery of the Goods are approximate only and delays may occur. The time for delivery/performance shall not be of the essence, and we shall not be liable for any delay in delivery or performance howsoever caused.

6.4 If we fails to do so within the specified time, the Buyer shall be entitled to terminate the Contract and claim a refund in respect of the undelivered Goods.

6.5 sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract provided the price has been paid in cleared funds in full or charge the Buyer for any shortfall below the price under the Contract; or

6.5.1 terminate the Contract and claim damages.

 

7. Return, Refund and Replacement of Goods

7.1 Returning an unwanted item?

7.1.1 We get it, sometimes something just doesn’t work for you and you want your money back. Don’t worry, as long as an item is still in its original condition, we accept returns, subject to the rules below.

7.1.2 If you return an item requesting a refund within 14 days of receiving it, we’ll give you a full refund for the item by way of the original payment method.

7.1.3 If you return an item requesting a refund within 14 and 21 days of receiving it, we’ll give you an gift voucher for the amount equivalent to the price you paid for the item.

7.1.4 We aim to refund you within 14 days of receiving the returned item.

7.1.5 If you request a refund for an item during the above time frames but you can’t return it to us for some reason, please get in touch – but any refund will be at our discretion.

7.2 After that?

7.2.1 We don’t accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to send it back to you and ask you to cover the delivery costs.

7.3 Delivery costs and proof of postage

7.3.1 Depending on the options available in your country, you’ll be responsible for the cost of returning any items. We strongly recommend you get proof of postage.

7.4 Keep it clean

7.4.1 Some items can’t be returned, like earrings or items where a hygiene strip or seal has been removed (e.g., swimwear and underwear). Please check product descriptions before you order. If you want to return underwear, swimwear, makeup/Face + Body products or any items marked with a ‘+’ next to the product name, please do not remove the original wrapping/seal for hygiene reasons.

7.5 Original condition

7.5.1 Of course, it’s fine to try an item on like you would in a shop, but please don’t actually wear it. If an item is returned to us damaged, worn or in an unsuitable condition, we won’t be able to give you a refund and we may have to send it back to you (and ask you to cover the delivery costs). All items are inspected on return.

7.5.2 All returned items should be sent in their original condition and packaging where possible, including tags (e.g., shoes should be returned with the original shoe box).

7.6 Fair use

7.6.1 If we notice an unusual pattern of returns activity that doesn’t sit right: e.g. we suspect someone is actually wearing their purchases and then returning them or ordering and returning loads – way, waaay more than even the most loyal Ecovani Store customer would order – then we might have to deactivate the account and any associated accounts. If this happens to you and you think we’ve made a mistake, please get in touch with Customer Care and we’ll be happy to discuss it with you.

8 Risk and property of the Goods

8.2 Risk of damage to or loss of the Goods shall pass to the Buyer at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the time when Ecovani Store has tendered delivery of the Goods.

8.3 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until we have received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Buyer for which payment is then due.

8.4 The Buyer agrees with Ecovani Store that the Buyer shall immediately notify us of any matter from time to time affecting Ecovani Store’s title to the Goods and the Buyer shall provide Ecovani Store with any information relating to the Goods as we may require from time to time.

9 Warranties and Remedies

9.1 Subject as expressly provided in these Conditions, all other warranties conditions or terms, including those implied by statute or common law, are excluded to the fullest extent permitted by law.

9.2 Subject to this Clause 9 of these Conditions, Ecovani Store warrants that the Goods will correspond with their specification at the time of delivery, and agrees to remedy any non-conformity therein for a period of 12 months commencing from the date on which the Goods are delivered or deemed to be delivered (“Warranty Period”). Where the Buyer is dealing as a consumer (within the meaning of the Sale of Goods Act and the Consumer Protection Act), Ecovani Store further gives to the Buyer such implied warranties as cannot be excluded by law.

9.3 Ecovani Store above warranty concerning the Goods is given subject to the following conditions:

9.3.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Goods supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to us.

9.3.2 Any description given of the Goods is given by way of identification only and the use of such description shall not constitute a sale by description.

9.3.4 we shall be under no liability for the following measures and actions taken by the Buyer or third parties and the consequences thereof: improper remedy of defects, alteration of the Goods without the prior agreement of Ecovani Store, addition and insertion of parts, in particular of spare parts which do not come from Ecovani Store.

9.3.5 we shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Buyer or third parties, fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, failure to follow Ecovani Store instructions (whether oral or in writing) misuse or alteration or repair of the Goods without our approval.

9.3.6 we are not liable for any loss damage or liability of any kind suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Ecovani Store’s prior written approval and the Buyer shall indemnify Ecovani Store against each loss liability and cost arising out of such claims.

9.3.7 we shall be under no liability under the above warranty (or any other warranty condition or guarantee) if the total price for the Goods has not been paid in cleared funds by the due date for payment.

9.3.8 Ecovani Store shall be under no liability whatsoever in respect of any defect in the Goods arising after the expiry of the Warranty Period.

9.4 Where there is any defect in the quality or condition of the Goods or where the Goods fail to correspond with specification, Buyer may apply to return the defective and/or damaged Goods to us or Seller in exchange for a replacement or a refund in accordance with Ecovani Store’s Return Policy and Clause 7 of these Conditions above.

9.5 As an alternative to returning faulty or damaged Goods in exchange for refund or replacement under Clause 7 of these Conditions above, a Buyer may request for a repair of such Goods. Ecovani Store however is entitled to accept or reject such request, at its own discretion. Such request shall be irrevocable upon Ecovani Store’s or Seller’s acceptance of the same and the non-conforming Goods (or part thereof) will be repaired as originally ordered. The Buyer may not later elect for a return under Clause 7 of these Conditions above once Ecovani Store has accepted such request.

9.6 Where the Goods have not been repaired within a reasonable time, despite a written warning from the Buyer, the Buyer shall be entitled to a reduction of the price in proportion to the reduced value of the Goods, provided that under no circumstance shall such reduction exceed 15% of the price of the affected Goods. In lieu of repair, Ecovani Store may, at its sole discretion, grant such a reduction to the Buyer. Upon a repair or price reduction being made as aforesaid, the Buyer shall have no further claim against the Seller.

10 Liability

10.1 In no event shall Ecovani Store be liable for loss of profit or goodwill, loss of production or revenue or any type of special indirect or consequential loss whatsoever (including loss or damage suffered by the Buyer as a result of an action brought by a third party) even if such loss were reasonably foreseeable or if Ecovani Store had been advised by the Buyer of the possibility of incurring the same.

10.2 The remedies set out in Clause 9 of these Conditions are the Buyer’s sole and exclusive remedies for non-conformity of or defects in the Goods and Ecovani Store’s liability for the same shall be limited in the manner specified in Clause 9 of these Conditions .

10.3 Notwithstanding any other provision of these Conditions, Seller’s maximum cumulative liability to you or to any other party for all losses under, arising out of or relating to the sale of products under each Contract, shall not exceed the sums that you have paid to Seller under such Contract.

10.4 If a number of events give rise substantially to the same loss they shall be regarded as giving rise to only one claim under these Conditions.

10.5 No action shall be brought against Ecovani Store later than 12 months after the date it became aware of the circumstances giving rise to a claim or the date when it ought reasonably to have become aware, and in any event, no later than 12 months after the end of the Warranty Period.

11 Intellectual property, software and content

11.1 Ecovani Store owns or has permission to use the intellectual property rights in its Website and its content. These rights are protected around the world. All such rights are reserved.

11.2 You’re allowed to store, print and display our Website content only for your own personal use. You are not allowed to use any part of the Website for commercial purposes unless you have our express permission.

11.3 You’re also not allowed to use the Ecovani Store logo or any Ecovani Store brand or trade mark (or any marks which are colourably similar) without our express permission.