Nosh n Nibble Website Use
TERMS AND CONDITIONS
1.1 These terms and conditions govern your use of Nosh n Nibble website.
1.2 This site is intended to be accessed by persons located in Nigeria. We make no representation that any information on this Site is applicable or relevant to any other jurisdiction.
1.3 By using this website, you warrant and represent that you are at least 18 years of age and of sound mind and that you accept the terms and conditions in full and as may be amended from time to time at our sole discretion. You warrant further that any information provided by you is true, correct, current and complete in all respect and that you will immediately notify us of any changes.
1.4 You are obliged to check the contents of these Terms and Conditions regularly to ensure that you are familiar with the current version.
2.1 Under these terms and conditions the words:
2.2 ”We”, "Us", “Our" or “Ours” mean: Nosh n Nibble;
2.3 “You”, “Your" or Yours” mean the person using this Site to order products
2.4 “Products” or “Product” mean any merchandise display for sale on our Site.
3.1 Products on our Site are intended for your use only. Resale of any of such Products or acting as an agent for a third party is prohibited.
3.2 Please note that you may be allergic to some ingredients contained in our Products. Carefully read the product descriptions to ensure that the product you order is suitable for your consumption.
3.3 We reserve the right to alter the Products available for sale on the Site and to stop listing any Product.
4.1 You may be required to create an Account by specifying an e-mail address and password when placing your order. Ensure that you keep the combination of these details secure and do not provide this information to a third party.
4.2 You are to keep your password confidential at all times as you are responsible for all and any activities and orders that occur by the use of your password. You agree to take particular care when providing us with your details and when placing an order and warrant that the details are accurate and complete.
4.3 An order placed on our Site is subject to availability, delivery capacity and acceptance by us. Once you place an order, we will give you an Order Number and send you details of your order via an email and/or SMS to confirm that we have received it. The email and/or SMS confirmation is produced automatically and merely gives confirmation of your order details so that you can check that all details are correct. Receipt of this email and/or SMS does not mean an acceptance of the order or that we will be able to fill your order.
4.5 Acceptance of your order occurs once we send you an email and/or SMS confirming that your order is received and accepted, after we check availability and delivery capacity.
4.6 The confirmation message will specify delivery details including the approximate delivery time and confirm the price of the Product or Products ordered.
4.7 In the event that the Product ordered is unavailable or if there is no delivery capacity, we will notify you by SMS or phone call.
5.1 All prices listed on our Site are correct at the time of publication; however, we reserve the right to alter these at any time without prior notice. Prices are inclusive of the relevant sales tax and delivery charges.
5.2 We take great care to keep prices for our Products up to date. The prices listed on the Site for Products reflect the price charged at the time of listing. In the unlikely event that the price listed is not current, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
6.1 Once your order has been accepted, this represents an agreement between you and us. Payments are to be made with credit or debit card online or by cash on delivery of the order. If you choose to pay with credit or debit card on our Site, the payment transaction is processed by our authorised agents as stated on the Site.
6.2 The total price for Products ordered, including delivery charges and other charges, will be displayed on the Site when you place your order. Full payment must be made for all Products despatched. It is preferred that payment is made on the Site by credit or debit card or by Mobile Payment. Payments may also be made in cash for cash-on-delivery orders.
6.3 If you choose online payment or via Mobile Payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit or credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your card company may also conduct security checks to confirm it is you placing the order.
6.4 In the event that you choose to pay online by card, you warrant that the credit or debit card details you provide are correct and that you are the legal holder of the card. You also warrant that you have sufficient funds to make the payment.
6.5 All prices are quoted in Naira and are inclusive of VAT as well as delivery and/or card charges per order.
6.6 Prices are subject to change and all products are subject to availability.
7.1 Products ordered will be delivered to the delivery address stated when order was placed.
7.2 Estimated time for delivering an order should be taken as approximate only. Delivery time may vary.
7.3 All orders will be always delivered by a reputable courier assigned by us and best effort will be made to deliver in a timely manner, whether the delivery is done by us or by a third party delivery person assigned by us. We however take no responsibility for late delivery.
7.4 In the event that an order is not delivered within the estimated delivery time quoted by us, please contact us by telephone or email and we will try to endeavour that you receive your order as quickly as possible.
7.5 Late delivery does not void delivery charge neither will it entitle you to any refund on the order. And all risk in the Product shall pass to you upon delivery.
7.6 In the event that we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorisation, then the Product shall be deemed to have been delivered to you and all risk and responsibility in relation to the Product shall pass to you. You shall accordingly be liable for any costs which we incur as a result of the inability to deliver to you and you shall indemnify us to the full extent of such costs.
7.7 You shall make adequate arrangements for delivery to be successfully accomplished at the time of delivery of your order. We cannot be held liable for any spoilage, damage, cost or expense incurred to the Product or arising as a consequence thereof.
7.8 We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising as a consequence of late delivery.
7.9 We are unable to deliver to all location. In the event that we are unable to deliver to your location, we will inform you using the contact details that you provided when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
8.1 You have the right to cancel an order up to five minutes after your order is placed. You must notify us of the cancellation, by email or phone, quoting your order number. No refund would be possible thereafter. For a cash-on-delivery order, your order will be delivered and you are obliged to pay for the order. Timing is assessed based on when you placed your order online, or called in your order, or sent in a message (SMS).
8.2 Once we accept your cancellation, we will refund or re-credit your card with the full amount you paid for the Product within 28 days.
8.3 Every effort is made to ensure that accuracy in pricing and descriptions of products are maintained, we however reserve the right to cancel any order that is based on inaccurate information.
8.4 In the unlikely event that we deliver a wrong order, you have the right to reject the delivery of the wrong order. In such an instance, we will propose a replacement for with the correct order, if available. Alternatively, you may request a refund if the order was pre-paid or decline to pay in the case of a cash-on-delivery order.
8.5 We reserve the right to cancel any order before or after acceptance for any reason. We shall immediately notify you by email and/or SMS of any such cancellation and our liability shall be limited to a refund in full any money paid for the order.
9.1 If for any reason you are not completely satisfied with any aspect of our service and we are unable to put things right to your satisfaction, we will refund all amounts paid by you. All requests for refund must be received in writing via regular mail or e-mail notifications. Phone requests are unacceptable. We will refund the exact amount, within 30 days of receipt of authenticated request by cash if cash was paid on delivery or we will credit the card account that was used to make payment.
10.1 We may from time to time have promotional offers by way of vouchers or loyalty stamp or discount codes on any of our Products. Any such promotional offer on our Sites is at our sole discretion and we may cancel, withdrawn or modify the promotional offer at any time and without notice. Any promotional offer cancelled or withdrawn becomes void with immediate effect.
10.2 Our promotional offers have no cash redemption. They are also non-exchangeable or not transferable. They may only be used as stated in the terms of offer.
10.3 Promotional offers can not be combined. Only one promotional offer may be used per Product.
10.4 Should your order exceeds a promotional offer, you are obliged to pay the balance by any of our acceptable mode of payment.
10.5 In the event that we have a reasonable suspect or belief that you have abused of any of our promotional offers, we may immediately block you from using our Site. In addition, we reserve the right to seek compensation from you by way of legal redress for any violation of such promotional offers.
11.1 Information about our patrons is an important part of our business. We do not sell, transfer or disclose your personal information to any third parties however, we may use the information you provide to fulfil your requests for our products, programs and services or to communicate with you about our promotional offers, events or for other marketing purposes.
11.2 We may also share information with companies that provide support services to us, especially those that provide support services to our Site and those that help us market our products on a need-to-know basis.
11.4 In the event of a merger, acquisition, financing or sale of assets or any other situation involving the transfer of some or all of our business assets, we may disclose your personal information to those involved in the negotiation or transfer.
11.5 We take all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.
LIMITATION OF USE
13.1 You are prohibited from using or launching any automated system or program in connection with our Site or its online ordering functionality.
13.2 You are prohibited from using our Site for any purpose related to marketing without our written consent.
13.3 You are not allowed to collect or harvest any personally identifiable information from our Site or use communication systems provided by the Site for any commercial solicitation purposes or solicit for any reason whatsoever any users of the Site with respect to their submissions to the Site or to publish or distribute any vouchers or codes in connection with our Site, or scrape or hack our Site
13.4 You are prohibited from using our Site or its contents for any unlawful purpose, including but without limitation, to solicit others to perform or participate in any unlawful acts or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances or to infringe upon or violate our intellectual property rights or the intellectual property rights of others or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or to submit false or misleading information or 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 our Site or of any related website, other websites, or the Internet or to collect or track the personal information of others or to spam, phish, harm, pretext, spider, crawl, or scrape or for any obscene or immoral purpose or to interfere with or circumvent the security features of our Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site or any related website for violating any of the prohibited uses.
14.1 Out Site is presented “as is” without any warranties, expressed or implied. Nothing on our Site is meant to constitute an advice of any kind. You are obliged to consult and seek advice from the appropriate professional.
14.2 We do not warranty that our Site will be constantly available neither do we warranty the the content therein will be complete, true, accurate
15.1 You are at liberty to send to us by email or otherwise any feedbacks or suggestions that may be capable of improving our Site. However, by so doing you warrant and represent that the information and/or material sent is original to you. Further more, you will be deemed to have granted us perpetual worldwide royalty-free license to use such information or material in any manner we deem fit.
15.2 Any rating of our Products and service on our Site by any person whatsoever is merely the opinions of the person rating our Products or service. Such rating does not constitute an advice.
LINKS TO THIRD PARTY WEBSITES
16.1 Our Site may contain hyper-links to third-party websites. We do not control, maintain or endorse these third-party websites or any good or services on those websites. You acknowledge and agree that we are not responsible or liable for the content or availability of any such sites.
17.1 All trademarks, logos, copyright and all other intellectual property rights on our Site and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Site), registered or unregistered are owned by or licensed to us or otherwise used by us as permitted by law.
17.2 By using our Site you agree that you will access the content solely for your personal, non- commercial use. None of the content may be downloaded, copied, reproduced, modified, transmitted, stored, sold or distributed without our prior written consent. This excludes the downloading, copying and/or printing of pages of the Site for personal, non-commercial home use only. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
17.3 We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third party not owned by or affiliated by us. The use of any material on our Site is solely at your own risk.
18.1 You agree to indemnify and undertake to hold us, our employees, agents, assigns and successors harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Site.
19.1 Without prejudice to our other rights under the laws and these Terms and Conditions, if you breach these Terms and Conditions contained herein, we may take an action against you as we deem appropriate to deal with the breach, including blocking you from the use of our Site and/or take legal action against you in a Court of law.
19.2 No delay or failure on our part to enforce our rights or remedies under this agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
20.1 We may sub-contract any part of the service relating to our Products at any time and at our sole discretion and we are at liberty to assign part of our rights under these Terms and Conditions as we deem fit and without notice to you.
20.3 If any term or condition of this agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of this agreement shall continue in force without such term or condition.
20.4 The agreement under these Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria. The parties hereto submit to the exclusive jurisdiction of the Courts of Nigeria.
20.5 All notices from you to us shall be given via e-mail at info@NoshnNibble.com and from us to you at the e-mail or land address you provided to us.
20.6 All dealings and correspondence between you and us shall be made or conducted in the English language.
COMMENTS, QUESTIONS OR COMPLAINTS
21.1 Our Patrons are at the core of our business accordingly, we take any comments, questions or complaints you may have about our Products, service or Site seriously. Any such comments, questions or complaints of whatsoever nature are to be directed and sent to our Customer Service via email to: service@NoshnNibble.com. Our aim is to respond to any complain with five business day.
21.2 All questions regarding our Products are to be directed and sent via email to: info@NoshnNibble.com
These terms and conditions do not affect your statutory rights as a consumer.