INTRODUCTION

These Terms and Conditions (“Terms”) govern the access to and use of the Alberta & Honoria online store and any related websites, mobile versions, applications, services, and software made available by Alberta & Honoria Limited (“A&H”, “we”, “our” or “us”), as amended from time to time. These Terms also govern your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and that post a link to these Terms and Conditions, regardless of how you access or use any of the services on our online store, whether via computer, mobile device or otherwise.

By placing an order for any of our Products via the online store, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with the said Privacy Policy.

Please carefully read the Terms below before offering to purchase from our online store, as our ability to process any offer to purchase our Products is dependent on your acceptance of our Terms. Once you make an offer to us, either by phone or through our mobile applications or by any other available channel, you agree to be bound by these Terms, the Privacy Policy, and all other operating rules or policies that may be published by us from time to time on this website, each of which is incorporated by reference into these Terms and forms part of these Terms.

References in these Terms and Conditions to “you” (or such similar descriptions) are references to you as an individual or legal entity as the case may be.

DEFINITIONS

Products- means any item displayed on the Website, including footwear and related goods, subject to availability.

Order Form- means the electronic form or process provided on the Website through which you submit an order for any of our Products, including any information required to process your order and complete the purchase.

Confirmation Notice- means the communication, either by email, text message or via the Website, confirming that we have received your order and setting out the details of the Products ordered, the price, and any applicable delivery information.

1. Information about Alberta & Honoria Limited

2.1 The Website is owned and managed by Alberta & Honoria Limited, a company registered in the Federal Republic of Nigeria with the company registration number 7791017.

2.2 Alberta & Honoria Limited provides you with the facility to view, browse and make purchases of its Products from its online store.

2.3 Alberta & Honoria Limited shall be entitled, at its own discretion, to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.

2.4 Alberta & Honoria Limited reserves the right to make any changes to the Website including any functionalities and content therein, or to discontinue any aspect of any Product or Service or features of the Website, or to change any of the policies which apply to the Website, or to introduce any new policies, without notice.

2.5 Alberta & Honoria Limited may be contacted by email at info@albertaandhonoria.com or by phone +234 (0) 8039319645.

2. Preliminary Information

2.1 In order to use the Website, you represent and warrant that:

a) you are legally capable of entering into any binding contracts;

b) you are at least 18 years old and above;

c) you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.

d) you will only use this Website for lawful purposes and you will not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

3. The Contract between A & H and You as a Customer

3.1 These Terms, together with the Order Form, Confirmation Notice, Privacy Policy, and all other operating rules or policies, constitute the entire agreement between you and us relating to the provision of the Products (the “Agreement”), and supersede any previous agreements, undertaking or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service department) shall alter the interpretation of these terms. In agreeing to these terms, you have not relied on any representation other than those expressly stated in these terms, and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in these terms.

3.2 Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Products; we are inviting you to make a legal offer to us to purchase the Products. It is entirely at our discretion to accept or reject the offer to purchase.

3.3 The Agreement shall be deemed concluded only upon our acceptance of your order by the issuance of a Confirmation Notice via our Message Centre, text message, or email (with the date of conclusion of the Agreement being the date shown on that Confirmation Notice), following the confirmation of payment. For the avoidance of doubt, the display of Products and their details on the website constitutes an invitation to treat only, and we shall not be bound by any errors, inaccuracies, or omissions in the content of the website, including but not limited to pricing, availability, or product descriptions, whether caused by technical glitches or otherwise. No contract shall exist between you and us until the Confirmation Notice has been issued in accordance with this clause.

3.4 Non-acceptance or rejection of an order/offer may be a result of any of the following:

a) the Product(s) you ordered being unavailable from stock.

b) our inability to obtain authorisation for your payment from the relevant payment provider or financial institution.

c) the identification of a pricing or product description error.

d) Your ineligibility under paragraph 2.1 (a), (b) and (c).

4. Ordering our Products

4.1 We will take all reasonable care to ensure that all details, descriptions and prices of the Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including the descriptions of the Products appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We will confirm the prices of any of our Products that you place an order for as soon as we receive your order.

4.2 Whilst every effort has been made to portray our Products accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours depending on the calibration and settings of individual computer or display screens.

4.3 The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

4.4 Completion of the online checkout process does not constitute an acceptance from us of your offer to purchase our Products from us. We will send you a Confirmation Notice detailing the products you have ordered confirming we have received and are processing your order.

4.5 You must pay by submitting your debit card details with your order, or by using other such payment methods that we may make available to you from time to time. Your debit card will be charged when you place your order.

4.6 Delivery charges and timescales vary depending on the Product ordered; the delivery service chosen and the delivery address.

5. Cancelling and Returning Products

5.1 In the event any of our Products are sold at an incorrect price due to typographical error or systems error, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit card charged. If your debit card has already been charged for the purchase and your order is cancelled, we shall facilitate a refund of the sum charged into an account designated by you.

5.2 The following cancellation rights are granted to you, whether your purchase is made online or by phone;

a) You are entitled to cancel your contract and return our products if you so wish, provided that you exercise your right no later than seventy-two (72) hours after the day on which you receive the product(s).

b) Your right to return our products or cancel your contract with us does not apply to products that are made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned. This does not affect your rights if goods are faulty or not as described.

c) To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement sent to support@albertaandhonoria.com, including details of your name, address, the order you wish to cancel and, where available your phone number and email. We will thereafter provide our response within three (3) business days.

5.3 The exercise of your right to return our products or cancel your contract with us are contingent upon the following;

a) Proof of purchase or receipt has to be furnished to us to enable us track your order.

b) The product(s) must be returned in the same condition as it was sent: unused or unworn, tags and packaging elements all intact. Once our team has assessed and approved the returned product(s), a refund will be initiated within 7-10 business days.

c) The return or shipping cost shall be borne by you.

6. Limitation of Liability

6.1 To the full extent permissible by law, in no event shall A&H, its affiliates, agents and trustees, be liable under contract, tort, strict liability, negligence, agency relationship, or any other legal or equitable theory with respect to any of the following:

6.1.1 Any liability for any direct, indirect, or consequential loss or damage incurred by you in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials or content posted on it, including, without limitation to any liability for:

· loss of income or revenue;

· loss of business;

· loss of profits or contracts;

· loss of anticipated savings/returns;

· loss of data;

· loss of goodwill;

· wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

6.1.2 Any bugs, viruses, trojan horses or the like (regardless of the source of origination).

6.2 You hereby release A&H and hold it, its trustees and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation to, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of our Website. You waive the provisions of any state or local law limiting or prohibiting a general release.

6.3 Without prejudice to the limitation of liability above, in the event of any problem with the Website or any of the services on the Website, you agree that your sole and exclusive remedy is to cease using the Website. Under no circumstances shall A&H, its trustees, agents or employees be liable in any way for your use of the website, including, but not limited to, any errors or omissions in the Website, downtime, any infringement by the Website of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the website.

7. Third-Party Websites and Links to our Website

7.1 We may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to our Website. When you access third-party websites, you will be leaving www.albertaandhonoria.com and you do so at your own risk. Those other websites are not under our control, and you acknowledge that we will not be liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources.

7.2 We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to our Website, so long as:

a) the links only incorporate text and do not use any of our Trademark;

b) the links and the content on your website do not suggest any affiliation with A&H or cause any other confusion; and

c) the links and the content on your website do not portray www.albertaandhonoria.com in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to our Website for any reason, in our sole discretion, without advance notice or any liability of any kind to you or any third party. The inclusion on another website of any link to our Website does not imply endorsement by or affiliation with us. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

8. Intellectual Property Rights

8.1 Except for the rights expressly granted under these Terms:

8.1.1 All content included on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are all properties of A&H, our licensors and/or certain other third parties, where stated. We or our licensors, as the case may be, retain all the rights, titles, and interests in and to the contents displayed on this Website, including, without limitation to, all Intellectual Property Rights therein.

8.2 You agree that you have no right to use any of our trademarks without our prior written consent.

8.3 All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors.

9. Indemnification

9.1 You agree to indemnify, hold harmless, and defend us, our affiliates, directors, agents, and our employees from and against any and all demands, claims, damages, liabilities, judgments, fines, interests, penalties, losses, costs, expenses, and harms, including without limitation to reasonable attorney’s fees and fees of other professional advisers, arising out of or in connection with:

a) Your (or anyone acting under your password or username) violation or breach of these Terms or any operating policies published by us from time to time;

b) Your failure to comply with any applicable laws or regulations in connection with the offer you make to us to purchase our Products; or Any of your dealings or transactions from use of the Website.

9.2 You shall not settle any such claim without our prior written consent.

9.3 These obligations will survive any termination of these Terms.

10. Governing Law

10.1 The contract between us shall be governed by and interpreted in accordance with the Laws of the Federal Republic of Nigeria.

11. Severability 

11.1 If any provision of these Terms is determined by any Court of Competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

12. Amendment

12.1 These Terms cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms at any time and from time to time. We will post the current version of these Terms on this Website or send the same to you via your email address and each such change will be effective upon posting on this Website or upon the date designated by us as the “effective date” (if any).

12.2 Your continued use of the Website following any such change constitutes your agreement to be bound by and your acceptance of these Terms and Conditions as so modified.

13. No Waiver 

13.1 Any waiver by us of any of the provisions of these Terms will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

14. Communication and Feedback

14.1 If you have trouble using our Website with certain browsers or other software or if you want to let us know how we can improve accessibility or you have any questions or comments, please let us know by getting in touch with us via our email at support@albertaandhonoria.com. We appreciate your feedback as your suggestions can help us improve our offerings.

In the event that you provide us with feedback, insights, and suggestions, you agree that we will own and have a royalty-free right to exploit any such feedback, suggestions, and insights provided by you concerning the functionality, features, and performance of the Website, as well as any ideas that you share with us on how to make our platform better, including without limitation to the identification of errors or bugs or any suggested fixes or workarounds, improvements, modifications, or enhancements (“User Feedback”). Furthermore, you agree that the provision of any User Feedback by you will be gratuitous, non-confidential, unrestricted, and made without any right to receive any compensation in return.