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TERMS OF USE

TERMS OF USE (LOFTY PURPLE RAY)


Customer Service

This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the Loftypurpleray.com website shop.loftypurpleray.com/lpr.loftypurpleray.com and services and tools are governed by the following terms and conditions as applicable to loftypurpleray.com. If you transact on loftypurpleray.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with shop.loftypurpleray.com Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 1990 with registered office at No 7 Ogunmolahan layout Iyange Qrt Akure Ondo-State, Nigeria and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by loftypurpleray.com, including but not limited to Product and Service Discovery, Purchases and Customer Reviews; you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. loftypurpleray.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time (in other words liable to changes). It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, loftypurpleray.com grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the loftypurpleray.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of loftypurpleray.com and shall not transact or use loftypurpleray.com website. As a minor if you wish to use or transact on loftypurpleray.com, such use or transaction may be made by your legal guardian or parents who have registered as users of loftypurpleray.com. Loftypurpleray.com reserves the right to terminate your membership and refuse to provide you with access to Loftypurpleray.com if it is brought to Loftypurpleray.com’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations


If you use Loftypurpleray.com, you shall be responsible for maintaining the confidentiality of your User ID, Personal Identification Number (PIN), Password and any other access credential set as may be required and you shall be responsible for all activities that occur under your access credentials. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Loftypurpleray.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, Loftypurpleray.com has the right to indefinitely suspend or terminate or block access of your membership with Loftypurpleray.com and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to Loftypurpleray.com, You agree and understand that You are communicating with Loftypurpleray.com through electronic records and You consent to receive communications via electronic records from Loftypurpleray.com periodically. Loftypurpleray.com may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on Loftypurpleray.com is free. Loftypurpleray.com does not charge any fee for browsing and purchases on Loftypurpleray.com. However Loftypurpleray.com reserves the right to charge a fee and change its policies from time to time. In particular, Loftypurpleray.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Loftypurpleray.com. In such an event Loftypurpleray.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Loftypurpleray.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Loftypurpleray.com.

Use of Loftypurpleray.com Website

You agree, undertake and confirm that your use of Loftypurpleray.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) Belongs to another person and to which you do not have any right
(b) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
(c) Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) Harasses or advocates harassment of another person;
(e) Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(f) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(h) Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(n) Engages in commercial activities and/or sales without Loftypurpleray.com's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Loftypurpleray.com "prior written consent" means a communication coming from Loftypurpleray.com Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
(o) Solicits gambling or engages in any gambling activity which Loftypurpleray.com, in its sole discretion, believes is or could be construed as being illegal;

(p) Interferes with another user's use and enjoyment of Loftypurpleray.com Website or any other individual's user and enjoyment of similar services;

(q) Refers to any website or URL that, in the sole discretion of Loftypurpleray.com, contains material that is inappropriate for the Loftypurpleray.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(r) Harm minors in any way;

(s) Infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; 

(t) Violates any law for the time being in force;

(u) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(v) Impersonate another person;

(w) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(y) Shall not be false, inaccurate or misleading; 

(z) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 

(aa) Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab)You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Loftypurpleray.com reserves the right to bar any such activity.
(ac)You shall not attempt to gain unauthorized access to any portion or feature of Loftypurpleray.com website, or any other systems or networks connected to Loftypurpleray.com Website or to any Loftypurpleray.com’s server, computer, network, or to any of the services offered on or through Loftypurpleray.com Website, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of Loftypurpleray.com website or any network connected to Loftypurpleray.com website nor breach the security or authentication measures on Loftypurpleray.com website or any network connected to Loftypurpleray.com Website.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Loftypurpleray.com Website, or any other customer of Loftypurpleray.com, including any Loftypurpleray.com account not owned by you, to its source, or exploit Loftypurpleray.com Website or any service or information made available or offered by or through Loftypurpleray.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Loftypurpleray.com Website.
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Loftypurpleray.com Website or Loftypurpleray.com’s systems or networks, or any systems or networks connected to Loftypurpleray.com.
(ag)You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(ah)You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Loftypurpleray.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(ai)You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Loftypurpleray.com or others.
Solely to enable Loftypurpleray.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Loftypurpleray.com will only use Your Information in accordance with the terms of use and Loftypurpleray.com’s Privacy Policy.

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. .
(aj)You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
(ak)You shall not lift (i.e. copy and paste) images of products you want to sell on Loftypurpleray.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Loftypurpleray of any third party claim thereon.
(al)You shall not engage in advertising to, or solicitation of, other users of Loftypurpleray.com to buy or sell any products or services, including, but not limited to, products or services related being displayed on Loftypurpleray.com or related to Loftypurpleray.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Loftypurpleray.com. It shall be a violation of these Terms of Use to use any information obtained from Loftypurpleray.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of Loftypurpleray.com without Loftypurpleray.com’s prior explicit consent. In order to protect our users from such advertising or solicitation, Loftypurpleray.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Loftypurpleray.com deems appropriate in its sole discretion
(am)You understand that Loftypurpleray.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Loftypurpleray.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Loftypurpleray.com reserves the right, but has no obligation, to monitor the materials posted on Loftypurpleray.com website. Loftypurpleray.com shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Loftypurpleray.com,
YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Loftypurpleray.com WEBSITE AND IN YOUR PRIVATE MESSAGES.

Please be advised that such Content posted does not necessarily reflect the views of Loftypurpleray.com. In no event shall Loftypurpleray.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Loftypurpleray.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Loftypurpleray.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Loftypurpleray.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Loftypurpleray.com.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Loftypurpleray.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Loftypurpleray.com, and that the recipient may use such information to harass or injure you. Loftypurpleray.com does not approve of such unauthorized uses but by using the Loftypurpleray.com Website you acknowledge and agree that Loftypurpleray.com is not responsible for the use of any personal information that you publicly disclose or share with others on Loftypurpleray.com. Please carefully select the type of information that you publicly disclose or share with others on Loftypurpleray.com.

Loftypurpleray.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, 'Content'), including but not limited to the design, structure, selection, coordination, expression, 'look and feel' and arrangement of such Content, contained on Loftypurpleray.com is owned, controlled or licensed by or to Loftypurpleray.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Loftypurpleray.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Loftypurpleray.com's express prior written consent.


Other Businesses

Loftypurpleray.com does not take responsibility or liability for the actions, products, content and services on Loftypurpleray.com website, which are linked to Affiliates and / or third party websites using Loftypurpleray.com APIs or otherwise. In addition, Loftypurpleray.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Loftypurpleray.com assumes no responsibility for examining or evaluating the products and services offered by them, and Loftypurpleray.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Loftypurpleray.com does not in any way endorse any third party website(s) or content thereof

Links

Loftypurpleray.com welcomes links to this site. You may establish a hypertext link to Loftypurpleray.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Loftypurpleray.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Loftypurpleray.com, including any logos or characters, without the express written consent of Loftypurpleray.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Loftypurpleray.com website without Loftypurpleray.com's prior written consent.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at https://www.Loftypurpleray.com/privacy-policy. If you object to your Information being transferred or used in this way please do not use Loftypurpleray.com website

Information submitted may be made available to Loftypurpleray partners who can in turn use it for verification purposes

Mandatory Declaration' Computers

1.   You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2.   You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

Disclaimer Of Warranties And Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Loftypurpleray.com on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Loftypurpleray.com does not warrant that:
•  This website will be constantly available, or available at all; or
•  The information on this website is complete, true, accurate or non-misleading.

Loftypurpleray.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Loftypurpleray.com website.

Loftypurpleray.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Loftypurpleray.com website; their servers; or electronic communication sent from Loftypurpleray.com are free of viruses or other harmful components.

Nothing on Loftypurpleray.com constitutes, or is meant to constitute, advice of any kind.

All the products sold on Loftypurpleray.com are governed by different state laws and if Loftypurpleray.com is unable to deliver such products due to implications of different state laws, Loftypurpleray.com will return or will give credit for the amount received by Loftypurpleray.com from the sale of such product, that could not be delivered to you.

You will be required to enter a valid phone number while placing an order on Loftypurpleray.com. By registering your phone number with us, you consent to be contacted by Loftypurpleray.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Loftypurpleray.com will not use your personal information to initiate any promotional phone calls or SMS'.

Services


  • Payment
  • While availing any of the payment method/s offered at Loftypurpleray.com, Loftypurpleray.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
    1.    Lack of authorization for any transaction/s, or
    2.    Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
    3.    Any payment issues arising out of the transaction, or
    All payments made against the purchases/services on Loftypurpleray.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Loftypurpleray.com does not accept any other form of currency with respect to the purchases made on Loftypurpleray.com.

  • Breach
  • Without limiting other remedies, Loftypurpleray.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Loftypurpleray.com website in the event, but not limited to:

    1.    If you breach the Terms of Use or Privacy Policy or other rules and  policies, if any;
    2.    If Loftypurpleray.com is unable to verify or authenticate any information you provide; or
    3.    If it is believed that your actions may cause legal liability for you, other Users or Loftypurpleray.com. Loftypurpleray.com may at any time at its sole discretion reinstate suspended users.
    A User that has been suspended or blocked may not register or attempt to register with Loftypurpleray.com or use Loftypurpleray.com Website in any manner whatsoever until such time that such User is reinstated by Loftypurpleray.com. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, Loftypurpleray.com reserves the right to recover any amounts due and owing by you to Loftypurpleray.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

  • Indemnity
  • You shall indemnify and hold harmless Loftypurpleray.com its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys' fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on Loftypurpleray.com

  • Applicable Law
  • This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.

  • Jurisdictional Issues/Sale in Nigeria Only
  • Unless otherwise specified, the material on Loftypurpleray.com is presented solely for the purpose of sale in Nigeria. Loftypurpleray.com makes no representation that materials in Loftypurpleray.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than NIgeria do so on their own initiative and Loftypurpleray.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.

  • Trademark, Copyright and Restriction
  • This site is controlled and operated by Loftypurpleray.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Loftypurpleray.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

  • Copyright complaint
  • We at Loftypurpleray.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at enquiry@Loftypurpleray.com.

  • Risk of loss
  • All items purchased from Loftypurpleray.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Loftypurpleray.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the validated consignee, recipient or Customer.

  • Product and Service Description
  • Loftypurpleray.com tries to be as accurate as possible. However, Loftypurpleray.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Loftypurpleray.com itself is not as described, your sole remedy is to return it in unused condition.

  • Pricing/Typographical error
  • If Loftypurpleray.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Loftypurpleray.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

  • Cancellation of order
  • Loftypurpleray.com reserves the right to cancel any order without any explanation for doing so, under situation where Loftypurpleray.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Loftypurpleray.com policy or for any reason. However, Loftypurpleray.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

  • Termination of Service
  • Loftypurpleray.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications .You hereby consent that Loftypurpleray.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.

  • Limitation of Liability
  • IN NO EVENT SHALL Loftypurpleray.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Loftypurpleray.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
    Loftypurpleray.COM’s AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVCES IS AT Loftypurpleray.COM’s SOLE DISCRETION.

    TERMS AND CONDITIONS FOR EATERIES FOOD AND DRINK OUTLET MERCHANTS GIFT CERTIFICATES & TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES

    This section of our terms and conditions covers;

    Section A:“TERMS AND CONDITIONS FOR EATERIES, CAFES AND FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES” while Section B: “TERMS AND CONDITIONS FOR NON-EATERIES MERCHANT GIFT CERTIFICATES”.

    SECTION A - TERMS AND CONDITIONS FOR EATERIES, FOOD AND DRINK OUTLET MERCHANT GIFT CERTIFICATES”

    The terms and conditions in this section A and all other Terms and Conditions applicable to you as a Merchant govern all Merchants on Loftypurpleray.com who sell a variety of edibles and beverages as its type of business and makes such available to Customers via Loftypurpleray.com by giving the customers the opportunity to purchase same via Vouchers on Loftypurpleray.com. Every Voucher purchased by a customer on Loftypurpleray.com can only be redeemed once. Please note that this is pre-determined by the Merchant and Restaurant.

    Note the following:

    i. The above certificate might not be eligible for alcoholic beverages unless the Eatery expressly permits same, taking into cognizance all restrictions on alcohol as stipulated by the governing law

    ii. These Gift Certificates must not be used for tips, taxes, prior balances etc. unless the Restaurant/Merchant expressly permits the same. The Merchant or Restaurant will not be responsible for lost, stolen certificates or their reference numbers. 

    iii. Gift Certificates may only be used as stipulated on the coupon (i.e. “Dine in Only” or “Take-away”) 

    iv. All Gift Certificates are void to the extent prohibited by law.

    v. The Eatery is at liberty to determine whether Vouchers purchased herein can be used in conjunction with any other gift certificate, coupons etc.

    vi. No one has the right to purchase from the Loftypurpleray.com platform and resell same to individuals.

    vii. In the event a Customer decides to redeem his Eatery Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid.

    viii. All Loftypurpleray.com offers are governed by the validity dates specified on the Vouchers.

    ix. As earlier stated all vouchers for eateries may have statutory limitations on the amount of the voucher value which can be used to redeem alcohol. All Merchants must therefore comply with same.

    x. A Merchant must have complied with all statutory requirements before enlisting their vouchers for purchase on Loftypurpleray.com. Loftypurpleray.com will not be held responsible for lack of compliance on the part of the Merchant.

    xi. All Loftypurpleray offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.



    SECTION B - TERMS AND CONDITIONS FOR NON-EATERIES MERCHANTS GIFT CERTIFICATES

    Please note the following:

    i. Only one certificate may be used per order, except this is expressly stated otherwise by the Merchant.

    ii. All Merchant Gift Certificate purchased on Loftypurpleray.com strictly apply to products found thereon, this will therefore not suffice for shipping fees.

    iii. The Merchant is at liberty to offer credit if he wishes unless otherwise required by law.

    iv. In the event a customer misplaces (i.e. whether stolen or lost) his or her voucher, or reference number neither the Merchant nor Loftypurpleray.com will be held responsible for same.

    v. No one has the right to purchase from the Loftypurpleray.com platform and resell same to individuals.

    vi. In the event a Customer decides to redeem his Gift Certificate without abiding with all terms and conditions herein stated, the gift certificate will be rendered invalid

    vii. All Gift Certificates are void to the extent prohibited by law.

    viii. Gift Certificates cannot be combined with any other gift certificates, including but not limited to coupons, promotions, third party certificates etc., unless otherwise expressly specified by Merchant.

    ix. All Loftypurpleray offers (including but not limited to discounts, upon expiration of the date specified in the offer becomes invalid.


  • Other Terms and Conditions
  • Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on Loftypurpleray.com in order to conduct transactions, including but not limited to;
    1. Merchants who sell Goods on Loftypurpleray.com
    2. Merchants who offer Services on Loftypurpleray.com
    3. Firms/Organizations who choose to advertise on Loftypurpleray’s website (i.e. Advertisers, either on a trade by barter basis with Loftypurpleray or on a strictly Advertisement service level)

    Are hereby governed by the Terms and Conditions here in.

    ADVERTISING -Advertising Services offered by Loftypurpleray.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Loftypurpleray.com via different means (i.e. SMS messages or emails).

    VOUCHERS- All vouchers purchased and thereafter printed from the Loftypurpleray.com platform are strictly promotional vouchers which are offered at prices below their face value and thereafter purchased by customers.

    In light of the above they are subject to all Terms and Conditions of Loftypurpleray Online Shopping Limited as stipulated on this page and also the Terms and Conditions and Redemption Policies of the Merchant or Restaurant. All customers who intend to purchase on the Loftypurpleray.com platform are subject to the specific limitations in relation to the goods or services. (i.e. if a Merchant specifies that only one Loftypurpleray.com Voucher maybe purchased by a customer, the customer must abide by same, if the customer goes ahead to purchase more than stipulated and tries to redeem the excess, the Merchant is at liberty to refuse redemption of same without paying any compensation or refund whatsoever to the customer. In such an instance Loftypurpleray.com will not compensate the customer for any such contraventions, neither will the customer receive a refund in relation to the purchase.

    An Eatery Specific Gift Voucher is strictly issued by that Eatery, who is also a Merchant on our platform and not Loftypurpleray. The Eatery or Merchant is therefore fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Eatery -Specific Vouchers and Merchant Vouchers are redeemable “as is” only and may not be redeemed incrementally.
    A Loftypurpleray.com Voucher can only be redeemed at the cash value paid by the customer for it (i.e. if you paid N500.00 for a Loftypurpleray Voucher , but the voucher gives you N3000.00 of value to the Merchant, the cash value that you paid is N500.00 as opposed to the authentic value/actual value of N3000.00). Please note all expiration dates on Vouchers are valid and therefore govern the last date which you can use the VOUCHER, in the event you do not redeem your voucher before the expiration, you automatically forfeit same, unless the law provides otherwise.

  • General
  • The Terms and Conditions and Privacy Policy as provided herein by Loftypurpleray including but not limited to other guiding policies for Loftypurpleray.com constitute the entire agreement between the parties with respect to the subject matter hereof. In the event Loftypurpleray or you decide to waive any breach or default hereunder, the waiver will not suffice for any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The failure of either party to insist immediately upon the strict compliance and or performance of any of the terms and conditions herein breached shall not constitute a waiver of the right of either party, or constitute acquiescence therein and the same shall not affect or impair the later exercise of such right or be presumed to vary this terms and conditions in any manner whatsoever.
    When you place an order on Loftypurpleray.com for goods or services, you hereby make an offer to us for the purchase of the goods or the vouchers for services. For more information, please view our privacy policy.
    Please note that all your purchases are either directly from Loftypurpleray.com if the item is “Sold by Loftypurpleray”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by Loftypurpleray are redeemable from Loftypurpleray.

  • GROCERIES (PERISHABLES INCLUSIVE)
  • This section of Loftypurplerays’ “Terms of Use” governs all groceries and perishables sold on www.Loftypurpleray.com. Please read carefully before purchasing Groceries on our website.

    Availability and Substitution of Groceries

    The availability of groceries are not absolute, please note that your desired choice of groceries might be out of stock for reasons beyond our control, in the event we are unable to deliver or ship a particular grocery/groceries to you, Loftypurpleray will not be held liable by you. Upon discovery of the un-availability of a grocery(ies) earlier ordered on our platform by you, you will be contacted by Loftypurpleray’s Customer Experience Representative who will intimate you with other available/suitable options which will allow substitutions if we do not have your preferred grocery item in stock.

    Prices

    All prices include VAT payable unless otherwise stated.Note that the prices of the grocery items excludes shipping/delivery fees.

    Purchases and Acceptance

    Upon placing an order for groceries on www.Loftypurpleray.com, please note that this is an offer to make a purchase from us. A contract is only formed when we notify you that we have dispatched your order or notify you that your order is available for pick up at our pick up centres. We therefore reserve the right to decline an offer when we deem fit.

    Minimum Cart Charge

    Loftypurpleray requires that all purchases in relation to grocery items in a single cart must not fall below _________________ (_______________Naira). Minimum Cart Charge means a fixed sum of N______ naira will apply to all Grocery orders placed on www.Loftypurpleray.com,this charge will automatically apply when the Cart Value is lower than the Minimum Cart Value acceptable. Cart Value means the value of the groceries in your Cart when you confirm your order. Minimum Cart Value acceptable to Loftypurpleray is __________.

    When will Loftypurpleray apply the minimum Cart Charge?

    When you order groceries from www.Loftypurpleray.com, and the total value of your cart is less than the acceptable Minimum Cart Value as captioned above, Loftypurpleray will add the Minimum Cart Charge to the total of your groceries or orders upon check out. We will add the charge to your total at the check-out page, just before you pay. You however have the option to go back and add more products to your grocery order, so that the new Cart Value is greater than the Minimum Cart Value, and no Minimum Cart Charge will be included in the total.

    Minimum Cart Charge Refunds:

    Upon purchase of your groceries, if Loftypurpleray applies the “Minimum Cart Charge” to your grocery order, and you decide to cancel such an order you will get a total refund, “Minimum Cart Charge” inclusive. However, we will not refund the Minimum Cart Charge if only some of the groceries you ordered are refunded.

    Delivery or Pick Up.

    Loftypurpleray will deliver your order to the delivery address as provided in your account, however, please note that you can request for “Express delivery” by paying an extra fee to enjoy that service. You also have the option of picking up your order from any of our pickup locations, please note that the “pick up” service is not available in all states. Please note that we do not deliver groceries to some states in Nigeria (i.e. Perishables are only available in specified states within Nigeria). Kindly check and confirm if they are available in your state before you order (List is provided below….) Upon delivery of the groceries to you or pick up from a location by you, please note that our delivery man/pick up representative will insist you sign for same. Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control. It is important you bring your order number for ease of reference and a valid form of identification when you come to pick up. Please note that Loftypurpleray will ensure that your order is ready for collection at the agreed time, however in the event your order is not ready, we will not be liable in part or in full due to circumstances beyond our control.

    Returns and Refunds

    Loftypurpleray prides itself in satisfying its customers and improving all services provided to them from time to time. Please note that all grocery products have different return time limits. All returned discounted groceries will be refunded at the discounted prices on the platform when the purchase was made. In the event a customer intends to return an item, the customer shall immediately notify the delivery man of the observation at the point of delivery and immediately reject same. Once customers have taken delivery of their orders and signed confirming this, they take ownership of the items and Loftypurpleray will not accept such returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. Loftypurpleray will not accept returns for items that have no material damage to them. Products which are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by Loftypurpleray as a return.

    Purchases

    Once again please note that upon completion and submission of your electronic order on the Loftypurpleray website, you are simply making an offer to purchase goods which, if accepted by us, will result in a binding contract. In light of this, there will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the goods to you. We therefore may decline to supply the goods to you at any point in time without giving any reason. At the moment that the goods are dispatched (and not before), a contract will be made between you and us. ALL TERMS HERE IN APPLY TO ALL MERCHANTS WHO SELL ON LoftypurplerayS’ WEBSITE.

  • Our Contact
  • Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to help@Loftypurpleray.com or to our office at 1 CIPM Avenue Alausa,Ikeja Lagos, Nigeria.

    Merchant Service Agreement


    Introduction

    As a demonstration of our commitment to Nigeria and Nigerian entrepreneurs, Loftypurpleray Online Shopping Limited (“Loftypurpleray”, “us”), Nigeria’s Largest Online Mall opened up its online platform to Nigerian businesses to enable merchants sell their products (“Mall”), giving instant nationwide access to your products. Merchants can also enjoy all the benefits that come with having an online store by being able to sell their products to customers all over Nigeria. Businesses that sign up to Loftypurpleray’s Mall will have a free microsite provided for them, and Loftypurpleray will provide additional value-added services including but not limited to marketing, customer service and logistics partnerships to cater for customers in all 36 states in Nigeria as well as Abuja. Loftypurpleray will also provide dedicated account managers to all merchants  Merchants can greatly increase sales and revenue by partnering with us, while we worry about getting their products to customers all over Nigeria. We also provide convenient payment terms for the proceeds of merchants’ sales. Loftypurpleray offers its customers both prepaid and pay-on-delivery payment options for goods purchased. All merchants have to do to enjoy all these benefits is to review and accept the terms and conditions of the Loftypurpleray Mall Service Agreement below. Loftypurpleray reserves the right to alter these Terms & Conditions at any point without notice, by updating the content on the Loftypurpleray website.

    Agreement

    In consideration of the mutual covenants set forth in this Agreement, Seller and Loftypurpleray (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:


    1. Services Rendered

    The Seller agrees to compensate Loftypurpleray for the services rendered listed in section 2 below (“Services”).


    2. Delivery of Services

    Loftypurpleray will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
    - Online storefront tailored to the Seller with payment gateway and escrow service at Loftypurpleray.com;
    - Access to SellerHQ and other account management systems; 
    - Access to a dedicated account officer and other account management services; 
    - Access to logistics partners; 
    - Provision of analytics; 
    - Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00) 
    - E-marketing, and other marketing services as available and appropriate.

    Loftypurpleray may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.

    Loftypurpleray reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.

    The Seller agrees to use reasonable diligence in providing Loftypurpleray with genuine products, up-to-date product quantity information and accurate product information.


    3. Compensation

    For all of the Services provided by Loftypurpleray under this Agreement, the Seller shall compensate Loftypurpleray, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all sellers; or agreed in advance between both parties, or detailed elsewhere on the Loftypurpleray website.

    Every Merchant shall have an opening/ minimum balance of N10, 000.00 (Ten Thousand Naira) only in his/her Loftypurpleray Wallet upon registration with Loftypurpleray. Loftypurpleray shall have the right to deduct commissions for all “Self-fulfilled Orders” directly from the Merchant’s Loftypurpleray Wallet or from his/her designated Bank Account in the event his/her wallet is empty.

    Loftypurpleray will from time to time review the category commission structure and will notify the Seller of any changes by communicating directly to sellers, or publishing the same on the SellerHQ portal, or on Loftypurpleray’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Loftypurpleray will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.


    4. Confidentiality

    The Seller and Loftypurpleray acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Loftypurpleray. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Loftypurpleray’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.


    5. Independent Contractor

    Loftypurpleray shall be deemed as an independent contractor. Loftypurpleray will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Loftypurpleray’s behalf. Loftypurpleray is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Seller. Loftypurpleray understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.


    6. Entire Agreement

    This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  Loftypurpleray reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Loftypurpleray website.


    7. Indemnification

    Seller warrants that everything it gives Loftypurpleray to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Loftypurpleray, its employees and associates harmless from any and all claims brought in the performance of the Services.

    Seller shall indemnify and hold Loftypurpleray harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Seller (“Third Party Claim”).

    8. Limitation of Liability

    A) Not withstanding applicable returns policy, Merchant further covenants to:

  • Pick up fresh returned orders from the Loftypurpleray Pick Up Centres within 7 days of notification of such return via sms or e-mail, failing which, the order will be sent back to Loftypurpleray’s Warehouse and another notification to the merchant to request for the delivery of same at KOS rates.
  • If the item remains unrequested for while at the Loftypurpleray Warehouse, Loftypurpleray shall send a notification of the daily cost of demurrage to the merchant at N200.00.
  • If the merchant fails to respond after 10 days, Loftypurpleray shall notify merchant by sending reminder emails or smss' everyday, for an extra 4 days.
  • In the event that the goods are not picked up from the Pick Up Centres after 7 days and still remain un-requested for after 14 days elapses, such Merchant goods shall be destroyed by Loftypurpleray.
  • Merchant hereby indemnifies Loftypurpleray against any such claims and holds Loftypurpleray non-liable for the disposal of such returned goods referred to in the clauses above.

    B) Merchant agrees to indemnify, defend and hold harmless Loftypurpleray against and from any third party claims (including reasonable legal or arbitration costs) arising from:

  • any breach or default on the part of the merchant of any obligations
  • negligent act or omission of merchant; or
  • wilful violation of the law, wrong description and price of products advertised; or
  • an offence committed by merchant,
  • provision of fake, inferior or substandard products that have been sold as genuine;
  • provision of used, refurbished or damaged products that has been sold as new or unused;
  • Listing and selling products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC,SON etc);
  • Fails to meet the Quality of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
  • Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading.

    9. Term & Termination

    Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.

    Loftypurpleray has the right to evict the Seller from Loftypurpleray if any, or a combination, of the following breaches are committed:
    - Fails to make a product that has been sold on Loftypurpleray Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
    - Provides fake, inferior or substandard products that have been sold as genuine;
    - Provides used, refurbished or damaged products that has been sold as new or unused;

    - Lists and sells products that have not been authorized for sale by the appropriate regulatory body (including but not limited to the NCC, NAFDAC etc);
    - Fails to meet the Quality Of Service Standards (QoS) as defined in the SellerHQ ratings system (details on request);
    - Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
    - Engages in any activity that brings Loftypurpleray, or any of Loftypurpleray’s partners or other mall vendors into disrepute.

    Loftypurpleray reserves the right to alter these QOS rules at any time, and in the event of any changes Loftypurpleray will inform the Seller by publishing the same on Loftypurpleray’s website. Loftypurpleray will send a formal warning to the Seller after each incident.


    10. Policy on Counterfeit, Refurbished and Unauthorized Products on Loftypurpleray Mall

    Loftypurpleray is committed to delivering high quality products and service to customers at all times, and we strive to ensure that all products sold by merchants via the Loftypurpleray Mall are held to the same high standards. Loftypurpleray Mall has zero tolerance for counterfeit products, and does not allow the sale of unoriginal, fake/replica, refurbished or otherwise unauthorized items. It is the responsibility of each merchant to source and sell only authentic items. If a merchant is determined by Loftypurpleray to have sold inauthentic or otherwise unauthorized goods, Loftypurpleray may suspend or terminate the merchant's ability to sell on Loftypurpleray immediately and without warning, and current and future payments held by Loftypurpleray on the merchant’s behalf may be forfeited and withheld in accordance with Loftypurpleray.com's Authentic Items Policy.

    11. Insurance

    Sellers shall be responsible for insurance in relation to goods shipped to customers.

    12. Copyright and Infringement Trademark

    Loftypurpleray respects all copyright and trademarks of others. As a Seller on our website you must in turn respect these rights. Loftypurpleray will immediately terminate or suspend a seller who infringes another’s trademark or copyright.

    13. Independent Contractors

    The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.

    14. Restrictions and Prohibitions

    - All product descriptions must be true, accurate and non-misleading.
    - Products sold by Sellers must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
    - Sellers must not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Loftypurpleray will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of sellers who may be infringers.
    - Sellers must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
    - Products/description of products must not be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
    - No display of images containing pornography is permitted.
    - You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
    - Sellers must not incur liability for Loftypurpleray and its subcontractors or expose them to undue risk or otherwise engage in activities that Loftypurpleray, in its sole discretion, determines to be harmful to Loftypurpleray's affiliates, operations, reputation, or goodwill.
    - Sellers must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
    - Sellers must not conduct activities such as gambling, sweepstakes, raffles and lotteries.

     

    Groceries

    All Merchants who intend to sell groceries (e.g Fresh, Frozen, Perishables and Non-perishables products) on the platform shall:
    - Provide Loftypurpleray and customers with only fresh and unexpired products in required quantities with accurate product information.
    - Ensure that all products offered for sale on the Loftypurpleray Platform are all certified by the required agencies. (NAFDAC etc.)
    - Ensure the products are fresh and edible.
    - Ensure all Frozen Foods have a best by date.
    - Ensure that he/she does not sell rotten or expired products as Fresh.
    - Ensure the products are not Rodent or insect infested produce.
    - Ensure that products have at least 6months “before expiration” dates.

    Please note that Merchant may elect to store and keep its products in Loftypurpleray's warehouse at a fee agreed between Loftypurpleray and the Merchant (FBK-Fulfilled by Loftypurpleray)

     

    15. Force Majeure

    The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.


    16. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement ,shall be settled by both parties taking reasonable steps to amicably resolve any dispute or misunderstanding;
    Where the Parties are unable to resolve the dispute amicably within 30 (thirty) days from receipt of a written notification by a Party of the existence of a dispute, the parties shall in good faith settle the dispute by Mediation administered by the Lagos State Multi Door Court House (LMDC), Igbosere Lagos under its procedures. The duration for mediation shall not exceed 6 weeks. Each party shall be responsible for its own mediation expenses.

    17. Loftypurpleray's Right to Sue

    All merchants hereby agree and accept that Loftypurpleray has the right to sue any merchant who has contravened or contravenes any of the laws here in , or promulgated by the Federal Republic of Nigeria(i.e. Standard Organisation of Nigeria(SON), National Agency for Food and Drug Administration Control (NAFDAC)) or any of the laws of Nigeria which deems the act of the merchant criminal and intolerable.

  • FBK


    CONTRACT TERMS AND CONDITIONS FOR MERCHANT WARE HOUSING IN Loftypurpleray ONLINE SHOPPING LIMITED’S WAREHOUSE FACILITY.

    BY USING THE WAREHOUSING AND STORAGE SERVICES PROVIDED BY Loftypurpleray ONLINE SHOPPING LIMITED YOU EXPRESSLY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

    1. DEFINITIONS

    A. WAREHOUSE AND COMPANY- the term “warehouse” and “company” refer to Loftypurpleray Online Shopping Limited.

    B. MERCHANT DEPOSITOR- the term Merchant depositor means- A Merchant who stores their goods in Loftypurpleray’s warehouse, Owner of Goods or its lawful agent and to whom the Loftypurpleray Warehouse Invoice is issued.

    C. GOODS- the term goods means the goods Loftypurpleray Merchant Depositor tenders or presents to Loftypurpleray for Storage by the Merchant and identified on the face of the invoice given to the Merchant before ingestion into Loftypurpleray Warehouse.

    D. INGESTION OFFICER- is Loftypurpleray’s ware house storage facility staff who ingest the Merchant Depositor’s goods for storage.

    E. CLASS OF STORAGE- GENERAL AND SPECIAL

    F. WORKING HOURS- 9:00am - 4:00pm excluding weekends and public holidays declared by the Federal Government of Nigeria.

    G. SLOW SELLING- “Goods tendered by a Merchant depositor for storage but have poor sales history”

    H. SHQ BOARD- the board enables a merchant view transactions in relation to his goods.

    2. CONSENTING TO TERMS AND CONDITIONS

    The terms and conditions here in provided are electronically published on www.Loftypurpleray.com , please note that this includes the quotation provided by Loftypurpleray for warehousing goods, both are hereby deemed accepted by a Merchant upon tendering goods for the purpose of storage in Loftypurpleray’s Warehouse. These terms may be amended by Loftypurpleray as deemed necessary, without notice. Kindly note that this terms and conditions do not cover or apply to any terms and conditions of shipping or other services the company may provide to the Merchant Depositor. The other services are governed by their individual Terms and Conditions which are provided separately and guided and posted on the appropriate site.

    3. DECLARATION OF OWNERSHIP OF GOODS

    The Merchant Depositor hereby declares that he is the rightful owner and/or has lawful possession of the Goods tendered to Loftypurpleray Online Shopping Ltd for storage. Merchant further declares that it has sole legal rights to store Goods tendered, to release Goods, and to instruct Loftypurpleray regarding delivery or disposition of the Goods. Merchant Depositor agrees to notify all parties acquiring any interest in the Goods of the terms and conditions of Loftypurpleray’s Warehouse as contained herein and also agrees to indemnify and hold Loftypurpleray harmless from any claim by third parties relating to the ownership, storage, handling or delivery of Goods, or from any other services provided by Loftypurpleray under this Warehouse Terms and Conditions. Such indemnification shall include any Attorney fees or costs incurred directly or indirectly due to any claim by a third party, regardless of whether or not litigation is actually filed in a court of law.

    4. TENDER FOR STORAGE

    The Merchant shall deliver all goods for storage to Loftypurpleray’s Warehouse between the working hours of 9:00am – 4:00pm. All goods herein delivered shall be appropriately packaged and labelled by the Merchant depositor.

    A. SUITABILITY

    Merchant depositor warrants that the Goods are new, in a sellable package, properly labelled, and classified for safe handling and there by suitable for storage in Loftypurpleray’s Warehouse. The Loftypurpleray ingestion officer has the right to reject all goods which are inappropriately packaged or unsuitable for storage due to the nature of goods.

    B. ADEQUATE INFORMATION FOR IDENTIFICATION OF GOODS TENDERED FOR STORAGE BY MERCHANT

    Upon ingestion the Loftypurpleray Merchant Depositor shall provide a comprehensive manifest showing marks, brands, or sizes to be ingested and accounted for separately, and the preferred class of storage. Merchant must also indicate Items that require Controlled temperature.

    C. HAZARDOUS SUBSTANCES and DANGEROUS GOODS

    In the event the Merchant Depositor intends to tender the above captioned class of goods to Loftypurpleray for warehousing, the Merchant Depositor must disclose same to Loftypurpleray via an email or phone call and Loftypurpleray will determine if they will ingest such goods. Merchant Depositor hereby warrants that the Goods are not classified or considered hazardous materials and/or dangerous goods at the time the Goods are tendered to Loftypurpleray for ingestion. All acceptable hazardous goods shall be clearly labelled by Merchant depositor before same is tendered for storage. The class of Invoice issued shall clearly state “HAZARDOUS”.

    D. WARRANTY FOR PERMISSIBLE GOODS

    Loftypurpleray Merchants Depositor hereby warrants that the goods tendered to Loftypurpleray for warehousing are strictly the permissible class and quantities in the relevant Nigerian regulation. Merchant shall advise Loftypurpleray in the event the goods need to be specially stored to prevent damage and aid safe storage and handling of goods. In the event the Merchant Depositor breaches any of the foregoing warranties related to tender of hazardous materials or dangerous goods, or otherwise delivers any such unfit Goods to Loftypurpleray, Loftypurpleray shall be entitled to exercise all available remedies including the immediate destruction or removal of the Goods from the warehouse without notice to Merchant Depositor. In the event of the foregoing breach of Merchant Depositor warranties, Merchant Depositor shall be liable for all expenses costs, losses, damages, fines, penalties or other expenses of any sort incurred by Loftypurpleray in connection with the removal, or destruction, or handling of the Goods and shall indemnify Loftypurpleray against all amounts, liabilities, claims, or damages arising in connection with the Goods.

    E. COMPLIANCE WITH ALL RELEVANT LAWS AND REGULATIONS

    Merchant Depositor shall comply with all government laws, regulations, legislations in relation to all goods tendered to Loftypurpleray for storage, Merchant depositor shall supply such information and documents as are necessary to comply with all laws, rules and regulations and also aid Loftypurpleray in keeping the goods safe, proper handling etc. All information and documents must be fully, accurately and timely tendered alongside the Goods to be warehoused, failure to do same makes the Merchant Depositor liable to Loftypurpleray and he shall indemnify Loftypurpleray for all consequence for such failure or negligence. Merchant Depositor warrants its compliance with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and similar laws related to anti-corruption and anti-bribery.

    F. COMPLETION OF NECESSARY INGESTION FORMS

    All Merchant depositors must fill out the forms provided on the website accurately. Upon ingestion into the Loftypurpleray Warehouse a Merchant must bring the completed form along. In the event a Merchant Depositor fails to complete his form, his goods will not be ingested. The quantities indicated in the batch must match exactly what is supplied.

    5. DURATION OF STORAGE,CHARGES,PROCESSING AND RETURNS

    A. DURATION OF STORAGE AND CHARGE

    Loftypurpleray shall deduct the warehousing fee based on the weight of the items to be ingested into the warehouse. Please note that the fee is strictly for warehousing and handling, it is therefore separate from the Standard Commission deducted upon the successful sale and delivery of a Merchants Goods. All Merchant Depositor sales will be reviewed after 40 days, if a Merchant Depositor’s Goods are “SLOW SELLING”, the goods will be removed from the inventory and the Merchant Depositor must pick up same from the warehouse within 14 days without fail. After the 14 days lapses all “SLOW SELLING” Goods shall be forfeited.

    B. PROCESSING

    All others will be processed from the Warehouse and the Merchant Depositor shall be able to view all transactions at all times on the “SHQ BOARD”.

    C. RETURNS

    All returns here in will be managed by Loftypurpleray for the duration the Merchants Depositor’s Goods are in the warehouse.

    6. LIMITATION OF LIABILITY

    A. Loftypurpleray SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO GOODS TENDERED BY MERCHANT DEPOSITOR, STORED OR HANDLED HOWEVER CAUSED, UNLESS SUCH LOSS OR DAMAGE RESULTED FROM THE FAILURE OF Loftypurpleray TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL INDIVIDUAL WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND Loftypurpleray IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.

    B. WHERE LOSS OR DAMAGE OCCURS TO TENDERED, STORED OR HANDLED GOODS, FOR DAMAGE WHICH OCCURS BEYOND Loftypurpleray CONTROL Loftypurpleray IS NOT LIABLE, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVAL AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIRONMENTAL CLEAN UP RESULTING FROM THE LOSS OR DAMAGE TO THE GOODS. Loftypurpleray shall under no circumstance be responsible for tempering goods or storing same in a humidity controlled environment.

    C. In the event there is a loss or damage of goods stored for which Loftypurpleray is legally liable, MERCHANT DEPOSITOR declares that Loftypurpleray’s liability for damages shall be limited to the lesser of the following: (i) the actual cost to MERCHANT DEPOSITOR of replacing the lost, damaged, and/or destroyed goods (ii) the declared market value of the lost, damaged, and/or destroyed goods on the date MERCHANT DEPOSITOR tendered and successfully warehoused the goods in Loftypurpleray’s warehouse.

    D. Loftypurpleray’S liability for damaged goods shall be MERCHANT DEPOSITOR’S exclusive remedy against Loftypurpleray for any claim or cause of action whatsoever relating to the loss, damage and/or destruction of goods and shall apply to all claims including inventory shortage and mysterious disappearance claims unless MERCHANT DEPOSITOR proves by affirmative evidence that Loftypurpleray converted the goods to its own use.

    E. MERCHANT DEPOSITOR hereby waives any rights to rely upon any presumption of conversion imposed by law.

    F. CONSEQUENTIAL DAMAGES- In no event shall MERCHANT DEPOSITOR be entitled to incidental, special, punitive, or consequential damages from Loftypurpleray Online Shopping Ltd.

    7. INSPECTION & SECURITY

    All Goods are subject to inspection by Loftypurpleray; and by any duly authorized government or regulatory entities. Loftypurpleray may at its convenience choose to inspect the goods tendered by Merchant depositor, Loftypurpleray is however not obligated to carry out such inspection except as mandated by law. As earlier provided Loftypurpleray reserves the right to unilaterally reject any Goods tendered by Merchant Depositor for Warehousing if it deems it unfit, pest infected or unacceptable for storage under Loftypurpleray’s Warehouse Receipt, after completion of inspection.

    8. INSURANCE

    All Merchant Depositor goods stored in the warehouse are insured.

    13. Loftypurpleray WARE HOUSE INVOICE

    All invoices would will be issued electronically and deducted from sales upon confirmation of delivery.

    14. GOVERNING LAW AND JURISDICTION

    This Terms and Conditions and the legal relationship between the parties hereto shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. In the event of any dispute or disagreement, both parties agree to first of all attempt to settle the matter amicably, if the matter cannot be settled within 14 days both parties agree to settle the dispute by adopting an Alternative Dispute Resolution medium i.e. Mediation. These shall be filed in accordance with the provisions of the Lagos State Multi Door Court House. Both Parties agree that the hearing(s) shall be held in the City of Lagos. Each Party shall be responsible for its own mediation fees.

    ANY SPECIAL AGREEMENT OUTSIDE THESE TERMS AND CONDITIONS MUST HAVE BEEN SIGNED OFF BY "THE DIRECTOR COMMERCIAL Loftypurpleray ONLINE SHOPPING LIMITED".