Terms & Conditions
1. We hereby present the terms and conditions for use of this website to purchase ‘products’ whether as a guest or registered user. Product here includes Bags, Shoes, Clothing’s, Perfumes and all other fashion accessories. We urge you to carefully read through these Terms, before using this website. By using this website, you consent to be bound by our Terms and Conditions. If you do not consent to the entirety of the Terms do not use this website. If you proceed to use this website, you are deemed to have consented to be bound by the Terms. These Terms may be altered, revised, reviewed or updated from time to time without recourse to you. It is your obligation to routinely peruse them, as the Terms in force at the time that you purchased an item via this website will be binding on you. You further consent that we will have no further obligation to notify you of any modifications and such modifications immediately become effective
2. USE OF OUR WEBSITE
To use our website to place any order, you have fully undertaken: 1. To strictly seek genuine enquiries and place orders. 2. Not to attempt any form of false or fraudulent orders. In the event we notice an order has been placed fraudulently, we reserve the right to cancel the order and alert the appropriate authorities 3. To furnish us with proper email address, contact information and acknowledge that we can use that information to contact you about your package delivery and any other information about our new arrivals or promotions. However, if you fail to provide us with the needed information, your order will not be completed/delivered. Also, before you can place order on this website, you must be at least 18 years of age and legally able to enter into a binding contract.
3. PRODUCT AVAILABILITY:
Products displayed on this website are only available for delivery within Nigeria. However, if you wish to order products outside of Nigeria, you can do same and we would advise on delivery charges based on weight to your designated Country via our delivery partners DHL, GIG, FEDEX, UPS and other reliable courier services companies.
4. ORDER PROCESS
To place an order, you must follow through the stated process on this website and click “CONFIRM ORDER” to acknowledge the order. Once this is done, an email will be sent from us acknowledging receipt of your placed order with order number. Please bear in mind that the email sent does not mean your order has been accepted. Your order only signifies your interest to purchase one or more product from us. All orders are subject to availability of products and payment, upon receipt of funds, acceptance will be confirmed to you by email or text message which will notify that the order has been processed and shipped. We will also the tracking number of your shipped order for tracing purposes. Also, contract of purchase (the “Contract”) is only formed after we have sent shipment confirmation. The Contract will be only be in relation to the dispatched products duly paid for.
5. AVAILABILITY OF PRODUCTS
Ordering for Products on our website is subject to availability and in this regard, however, if we are experiencing technical fault and Products order are no longer in stock we reserve the right to advise you on substitute product of an equal or higher quality and value which you can have as replacement.
6. REFUSAL TO PROCESS AN ORDER
We reserve the right to take down any Products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We shall not be liable to you or any third party by reason of taking down any item from our website, also applies to removing or editing any materials or content on our website, or for unable to process or accept an order after it has been received or sent you an email confirming Order.
7. DELIVERY/STORE PICK UP.
Products purchased will be delivered to you or the person nominated by you as indicated at the time of purchase. For store pickup, please bear in mind that this is solely at owner’s risk., Therefore, we urge customers to pick up within 48 hours after purchase due to limited storage facilities and its attendant risk. Failure to pick up within 48 hours will attract 500 Naira daily storage charges and exchange policy voided.
8. FAILURE TO DELIVER
In the event we are unable to deliver your product(s) on the scheduled day, it will be returned to the store. In some situations, another delivery charge might be charged for missed delivery.
Where you are unavailable to accept delivery at the stated location or stated day , please contact us again to reschedule delivery for another mutually convenient day or make arrangement to pick up at the store.
All Payment is to be made via secured payment gateway (Paystack) or Direct Bank Transfer.
10. PRODUCTS DESCRIPTION
Any description given or applied to the products is given by way of identification only. For the avoidance of doubt, the Customer hereby affirms that it does not in any way rely on any description when making a purchase.
In the event a Customer is skeptical about size(s) of products displayed, we advise such Customer to visit our store situated at “No 4 Ebony Road, Oroazi, Port Harcourt.
11. RETURN POLICY
We offer return policy within 24 hours of receipt on Bags and Shoes only which are still subject to terms and conditions. However, Accessories, Fragrances, Tees Shirts and others CANNOT BE EXCHANGED likewise pre ordered items.
We do not offer any form of warranty on all Products purchased from this website.
Occasionally there may be incorrect or inadequate information on our website relating to product descriptions, pricing, promotions, offers, product shipping charges, delivery duration and product availability. We reserve the right to correct any errors/misrepresentations and to change or update information where necessary or cancel orders placed based on such misrepresentations if any information on the website is inaccurate at any time without prior notice (including after you have submitted your order).
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.
14. LIMITATION OF LIBILITY
Nothing in these Terms shall exclude or limit in any way our liability:
To the fullest extent permitted by applicable law, under no circumstance will Barbz and Co., its affiliates, officers, agents, employees be liable for fraud or fraudulent misrepresentation; We are only responsible to you for foreseeable loss and damage caused by us but we are not responsible for any loss or damage that is not foreseeable. We are only retailer of these brands and we will not be responsible for any damage or factory fault. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly confirmed from us. We have a duty to make available products that are in good condition, however, without affecting that duty and to the fullest extent permitted by law, all item descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising. We warrant to you that any item purchased from us through this website is of satisfactory quality and reasonably fit for all the purposes for which Products of that kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the PRODUCTS available on this website. PRODUCTS (including handicraft PRODUCTS) sold by us will often contain the natural characteristics of the materials used in the manufacture of the completed item.
15. INTELLECTUAL PROPERTY
We acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall always remain the property of Barbz and Co.. Your use of our website grants you no right or license to use Barbz and Co.’s trademarks.
16. RESTRICTED USE
In addition to other implied prohibitions as set forth in the Terms of Service, each user/customer is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this site or any related website, other websites, or the Internet. We reserve the right to terminate your use of this site or any related website for violating any of the prohibited uses.
17. LINKS FROM OUR WEBSITE
Sometimes there may be links on our website to other third-party websites and materials, we are not directly or indirectly implying any affiliation or endorsement unless specifically stated these links are made available for information purposes and we have no control over the contents of such websites or materials. We are not liable for either loss or damage that might arise from visiting such links.
18. FORCE MAJEURE
We would not be liable for any inability to perform, or delay in execution of, any of our commitments under this Contract that is brought about by situations beyond our control. Instances which include strike action, protest, Cargo-delay, lockouts or other modern activity, war (regardless of whether announced or not), Fire, blast, storm, flood, or any catastrophic event. Time in any of the above instances is automatically suspended.
Both parties shall to the best of their abilities take all measures to minimize the adverse effect of force majeure and promptly inform the other party of the occurrence of such an event. When the event of force majeure has ended, the party who was hindered in the performance of his contractual obligations shall as soon as possible render such service which the force majeure prevented him from performing.
19. DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free but we would try to reduce the down times.
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.
In no case shall Barbz and Co., its officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
Every user/customer agrees to indemnify, defend and hold harmless Barbz and Co. and its affiliates, officers, agents, contractors, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.
In event we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.
In the event that any of these Terms is invalid, unlawful or unenforceable to any degree, such term or provision shall nonetheless be enforceable to the extent permitted by applicable law and the unenforceable part shall be deemed severed from this Terms. Such determination shall not affect the validity and enforceability of other provisions
Failure to exercise or enforce any provision of these Terms of Service shall not constitute a waiver of such provision.
These Terms of Service or any operating policies posted by us in respect to the use of this website constitutes the understanding between you and us and govern your use of this website, which supersedes any prior agreements or communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
24. RIGHT TO VARY TERMS
We reserve the right at our discretion to make changes to any part of these Terms from time to time. You will be bound by the Policies and Terms each time you make purchases using this website, it is therefore your responsibility to read our terms from time to time and your continued use of our website constitutes an acceptance of those changes.
25. LAW AND JURISDICTION
The use of our website and the Terms for the purchase of our products will be governed by the laws of the Federal Republic of Nigeria. Any dispute arising therefrom which cannot be resolved within 5 business days shall be subject to the exclusive jurisdiction of the Nigerian courts.
We appreciate all forms of feedback and comments. Please send your feedback and comments to us through our contact form on our website.
In case of complaint, please use the same medium as stated above. We will review any complaint passed on to us at the earliest possible time.