Corporate Luxury Fashion Limited
7B Oye Balogun, Freedom Way, Lekki, Lagos, Nigeria
2. These Terms were last revised on 12 February 2020.
A. Purchase of products
IF YOU ARE PLACING A PRE-ORDER FOR PRODUCTS WHICH ARE AVAILABLE TO PRE-ORDER ON THE PLATFORMS , THE FOLLOWING SECTIONS C(1) TO C(8) BELOW MAY BE SUPERSEDED BY OR MAY APPLY IN ADDITION TO SPECIFIC TERMS APPLICABLE TO SUCH PRODUCTS AS SET OUT IN SECTION D BELOW.
1. ACCEPTANCE OF ORDERS
1.1 All information on the Platforms in relation to Products is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order (the “PRODUCTS”) from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason without liability to you. Examples of when we may not accept your order are as follows:
(A) If Products are shown on the Platforms but are not available or are incorrectly priced or otherwise incorrectly described;
(b) If we are unable to obtain authorisation of your payment;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product.
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services; or
(f) If the delivery address you have provided is not a valid shipping address.
1.2 After submitting an order to us, we will send you an order acknowledgement email with your order number and details of the Products you have ordered. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of a contract of sale between us and you will not take place unless and until (i) we have sent you an email confirming that the Products have been dispatched (“Dispatch Confirmation”); or (ii) in the event (where such service is available) you have elected to collect the Products from a specified CL outlet, we have sent you an email that the goods have been dispatched to the specified CL outlet. Please note that the option to collect in store is only available in certain specified countries and from specified CL outlets. Further information is available at Shipping Destinations, Costs and Delivery TimesCollect In Store.
1.3 Orders can also be placed by telephone in English, French, Spanish, German, Mandarin, Cantonese, Japanese, Korean, Italian, Russian, or Brazilian Portuguese with our Customer Service team Contact Us. Where you provide us with an email address, we will follow the process outlined in Section C (1.2) above. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time.
1.4 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Platforms, such as the My Account section of the Website or the “You” section of the Application (“SECURE ACCESS”). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to any of the Platforms without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Platforms.
1.5 In the event prolonged inactivity causes your connection to any of the Platforms to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.
1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.
1.7 You will be charged for Products (together with the relevant delivery charges, card processing or payment processing charges) when they have been dispatched to you or, in the event you have elected to collect the Products from a specified Corporate Luxury outlet, when the Products have been dispatched for delivery to the relevant Corporate Luxury outlet, unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.
1.8 Item availability, prices and delivery options may vary depending on the shipping destination.
1.9 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Platforms may mean that the colours, measurements, fabrics and designs of the Products displayed on the Platforms and the Products received by you may differ in appearance in minor respects. We are not responsible for any such differences.
1.10 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email or telephone.
2.1 All prices of Products on the Platforms are stated in United States Dollars and are the price for the Products only. They do not include any applicable sales tax payable. They do not include the charge for delivery. Find out more about delivery charges at Shipping Destinations, Costs and Delivery Times.
2.2 We endeavour to ensure that all pricing information on the Platforms is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product’s correct price is lower than the price stated on the Platforms, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product’s correct price is higher than the price stated on the Platforms, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.
2.3 Corporate Luxury may vary the prices of Products listed on thePlatforms at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
2.4 Please note that in some countries additional duties, taxes, fees, or similar charges may be payable to your national and local tax authorities on receipt of your delivery or in connection with your order, including without limitation, sales, use, excise, import, or similar taxes or duties. You will be responsible for payment of any such duties, fees, and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3. PAYMENT TERMS
3.1 The total cost of your order will be the purchase price for the Products, plus any delivery charges and applicable sales taxes. Find out more about Shipping Destinations, Costs and Delivery Times.
3.2 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section. We reserve the right to change the payment methods we are able to accept at any time.
3.3 Please note that we accept payment in United States Dollars and Nigerian Naira where applicable,
3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card/payment method is valid and the inputted payment details are correct. All customers are subject to validation checks and authorisation by the card issuer/payment method provider. If the issuer of your card/payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer/payment method provider/bank as a result of our processing of your payment in accordance with your order.
3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the relevant Platform, the final price may be charged in the currency of your card or payment method. Such final price is calculated and charged by your card issuer/payment method provider /bank and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer/payment method provider charging you in a different currency other than the currency of your purchase as displayed on the relevant Platform.
4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
5. DELIVERY, TITLE AND RISK
5.1 We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from our Platforms. Details of the locations to which we deliver are available from us on request.
5.2 We only ship using Fedex or Dhl.
5.3 Title in the Products will pass to you on the later of:-
(A) the date on which we receive payment in full for such Products; and
(B) the date and time of collection of such Products for delivery to your nominated address or the designated Corporate Luxury store, where you have elected to collect your order from a CL outlet.
6.4 Once a Product has been received by you or collected by you (or your nominated third party) from the designated CL outlet, where appropriate, all risk of damage to, or loss of, the Product shall pass to you. In the event that you elect to collect the Product from a CL outlet, where that service is available, all risk of damage to, or loss of, the Product shall pass to you upon the collection of such Product by you or by a third party on your behalf from the designated CL outlet.
6.5 We shall be entitled to deliver the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.
6.6 In the event that a Product is subsequently imported into a country other than (i) the country to which we delivered the Product in the event you elect to collect your product from a CL outlet, where that service is available, other than the country in which the specified CL outlet is located, or (ii) you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
7. CANCELLATION AND RETURNS
7.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy.
7.2 Please note that you will not be entitled to cancel or return personalized or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewellery items. This does not affect your statutory rights.
8. AGE REQUIREMENTS
8.1 If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.
1.1 The Platforms and all content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Platforms (the “Content”), is either owned or licensed by Corporate Luxury, and is protected by applicable copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.
1.2 The “Corporate Luxury” trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, the Platforms, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Corporate Luxury and/or its licensors and are protected by applicable trade mark laws, regulations, directives, rules, and treaties around the world. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights, trademarks, patents, service marks, logos, trade dress, trade names, trade secrets, inventions, know-how, and moral rights) in or related to the Platforms, the products depicted and/or available on the Platforms and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Platforms (the “Intellectual Property Rights”) are and shall remain the exclusive property of Corporate Luxury and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws, regulations, directives and treaties around the world. All such rights are reserved.
1.4 LIMITED LICENCE
Subject to the terms herein, we grant you a revocable, non-sublicensable, non-transferrable, non-assignable, and non-exclusive limited licence to access and make personal use of the Platforms limited such that it does not include the right to:
(A) use the Platforms in any way which may prejudice or damage the reputation of Corporate Luxury;
(b) use the Platforms for any commercial or business purposes. The Platforms are for your personal use only;
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
1.5 Corporate Luxury may terminate such limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever or for any breach of these Terms.
1.6 Corporate Luxury grants you a limited right to access and use the Platforms and Content solely for your personal use. Unless otherwise specified on the Platforms, you may download Content displayed on the Platforms, and may use the downloaded Content, solely for your personal and noncommercial use. You may print any textual Content available for downloading on the Platforms, solely for your personal and noncommercial use. You must retain all intellectual property and other proprietary or restrictive notices to the extent they appear on downloaded, transmitted, and copied Content, and any such downloads, transmissions, or copies are subject to these Terms. As between CL and you, the Content and the Platforms shall remain the property of CL. Use, transmission, or downloading of the Content is conditioned on these Terms. By acquiring, transmitting, or using the Content or using the Platforms, you agree to such Terms. You may not download, copy, transmit, or use any of the Content or the Platforms except as expressly authorized by these Terms and, in any event, you may not distribute, modify, copy, adapt, transmit, publish, publicly display or sell, license, or create derivative works of the Content or the Platforms other than in accordance with these Terms or as expressly indicated in writing by Corporate Luxury or on the Platforms.
1.7 You agree you shall not
(A) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of any Platform or its Contents;
(b) engage in spamming or flooding;
(c) remove any copyright, trademark or other proprietary rights notices contained on the Platforms or in the Content;
(d) harvest or collect information about the Platforms’ visitors or members without their express consent;
(e) cache, upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party);
(f) sub-license, sell, reverse engineer, decompile or disassemble any portion of the Platforms or Content;
(g) bypass any measures used by us to prevent or restrict access to the Platforms or portions of the Website; or
(h) use the Platforms or Content for any unlawful purpose.
1 Corporate Luxury endeavours to ensure that the information posted by it on the Platforms is accurate and complete. Corporate Luxury does not, however, guarantee that the Content or any other information available on the Platforms is accurate and/or error free, Corporate Luxury does not promise that the functionality of the Platforms or Content will be error free or that the Platforms, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Corporate Luxury recommends that all users of the Internet ensure they have up to date virus checking software installed.
We reserve the right to limit the availability of the Platforms and/or the provision of any Content, service, program, video or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, video or other product that we provide.
3. EXCLUSION OF WARRANTIES
1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORPORATE LUXURY AND AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM AND EXCLUDE ALL OTHER TERMS, CONDITIONS, REPRESENTATIONS, AND WARRANTIES IN RELATION TO THE PLATFORMS, CONTENT, USER CONTENT, PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE OR COURSE OF DEALING OR USAGE OR TRADE PRACTICE.
2 THE PLATFORMS AND THE CONTENT IS PROVIDED AS IS, AS AVAILABLE WITH ALL FAULTS. CORPORATE LUXURY AND CL AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE PLATFORMS OR THE SERVCES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE PLATFORMS ARE HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE PLATFORMS, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORMS, CONTENT, AND THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF CORPORATE LUXURY OR CORPORATE LUXURY’S AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE PLATFORMS AND ANY CONTENT PROVIDED THROUGH THE PLATFORMS ARE ENTIRELY AT YOUR OWN RISK.
4. LIMITATIONS OF LIABILITY
1 Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.
2 Subject to Section E(4.1) above, Corporate Luxury and/or Corporate Luxury’s directors, officers, employees, consultants, agents and other representatives will not be liable, whether in contract, in tort (including, without limitation, negligence), or otherwise arising out of or in connection with these Terms, Content, User Content, or product or services on the Platforms for any:
(A) economic losses (including, without limitation, loss of income, revenues, data, goodwill, actual or anticipated profits, contracts, business, opportunity or anticipated savings or other intangible losses);
(b) loss of goodwill or reputation; or
special, indirect, consequential, special, exemplary, punitive losses or damages suffered or incurred by you arising out of or in connection with these Terms, the Platforms, Content or User Content contained on the site, any linked site or any service or products purchased or provided through the Platforms, under any contract, negligence, strict liability or other theory.
3 Subject to Sections E(4.1) and E(4.2) the sole and exclusive and maximum total liability under these Terms of Corporate Luxury and/or CL’s directors, officers, employees, consultants, agents and other representatives, whether arising under contract, tort (including negligence), strict liability, or breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product paid by you that you have purchased from Corporate Luxury through the Platforms during the six month period preceding the date on which the claim arose.
This Section E(4) does not affect your statutory rights as a consumer.
5. DATA PROTECTION
6. ASSIGNMENT, SUBCONTRACTING ETC
1 We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract, novate, or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.
7. AMENDMENTS TO THESE TERMS
1 We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, updating the Terms on the Platforms or posting a notice on the Platforms. Your continued use of the Platforms after such update or notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. The revised Terms or Privacy Statement will be effective when posted. If we make changes to these Terms or our Privacy Statement and you continue to use our Platforms, you are agreeing to the revised Terms and our Privacy Statement.
8. EVENTS BEYOND OUR REASONABLE CONTROL
1 We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control. The timeframes given for the delivery of the Products ordered by you are estimates only. You acknowledge and agree, time is not of the essence.
9. SEVERANCE1 Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.
10. GOVERNING LAW AND JURISDICTION1 These Terms supersede any other prior versions of these Terms between you and Corporate Luxury. These Terms are governed by and construed in accordance with the laws of Nigeria, without regard to the principles of conflicts of laws.
11. CORPORATE LUXURY EMPLOYEES
1 CL Employees ordering products from the Platforms, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the CL Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.
12. ENTIRE AGREEMENT
12.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (“REPRESENTATIONS”) of any person (whether a party to that contract or not) other than as expressly set out in these Terms.
12.3 You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
13. WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Platforms. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section does not affect your statutory rights.
14.1 All notices given by you to us must be sent to Corporate Luxury,7B One Balogun Street, Lekki, Lagos or email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section E(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15.1 If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section E(14) above.
16. CLAIMS OF COPYRIGHT INFRINGEMENT UNDER LAW
16.1 Corporate Luxury respects the intellectual property rights of others. CL will respond expeditiously to claims of copyright infringement committed using the Platforms that are properly reported to Corporate Luxury’s Designated Copyright Agent.
16.2 If you believe that your, or a third party’s, work has been copied in a way that constitutes infringement on the Platforms, you may send us a copyright infringement notice requesting that the content be removed. The notice must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located in the Platforms are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Corporate Luxury to locate the material on the Platforms;
- The name, address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Your address, telephone number and email address.
Please send your copyright notice to: firstname.lastname@example.org
16.3 Please consult your legal advisor before filing a notice as there can be penalties for false claims.
Complaints regarding the Platforms or Content or requests to receive further information regarding use of the Platforms or Content may be sent to the above address or to email@example.com.