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Access to and use of this website (www.shopkiddieswearhouse.com) and the products and services available to be purchased through this website, are subject to the following terms and conditions. By using this website you are agreeing to be bound by our Terms and Conditions, our Returns Policy and our Privacy Policy herein. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Kiddies Wearhouse reserves the right to make changes to the Site and to these Terms from time to time.The Terms and Conditions may be changed or updated by Kiddies Wearhouse from time to time and without prior notice.
General Terms of Use
Terms of use of the website
You may use the website only in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which include complying with all applicable laws, regulations and codes of practices within the Federal Republic of Nigeria and any other jurisdiction from which you are accessing the site.
In using the site, you agree that you are:
· At least 16 years of age and above, or accessing the site under the supervision of an adult;
· Will provide true, accurate, current, complete and non-misleading information on any registration form or as otherwise reasonably requested by Kiddies Wearhouse;
· Will not disclose any unauthorized, false or fraudulent details;
· Will not post, transmit or otherwise disseminate any information on or via the website, which is or may be harmful, vulgar, obscene, defamatory, harmful, tortuous or otherwise illegal or offensive
· Will not post, transmit or otherwise disseminate any materials that infringe the proprietary rights of any third party including intellectual property rights and rights of privacy.
If you are provided with a User ID, Password or other information as part of our procedures, it is your responsibility to treat such information as confidential and not disclose it to third party. Kiddies Wearhouse reserves the right to disable any User ID or Password either chosen by you or allocated by Kiddies Wearhouse in the event that Kiddies Wearhousebelieve you may have failed to comply with the Terms and Conditions herein. You are entirely responsible for all activities that occur under your password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Kiddies Wearhouse shall not be responsible or liable, direct or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
You are responsible for your method of access to this website. You are also responsible to ensure that all persons accessing this website through your Internet connection are aware and in compliance with the Terms and Conditions.
During registration process you agree to receive promotional emails from the site. You may subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email. Kiddies Wearhouse will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it or on any website linked to it.
Any breach of the Terms and Conditions of use shall result in the immediate revocation of the license granted for the use of this site, without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these Terms, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Terms under which this website is provided.
Access to this website is provided on a temporary basis and we reserve the right at any time to;
· Withdraw or amend the service without notice;
· To withdraw access to some or all of the site;
· To suspend some or all of the services offered;
· To remove goods, featured jobs or promotions from the site;
· Cancel your registration and/or account without prior notice;
· Deny access to the website where we reasonably believe (in our discretion) that a user is in breach of any of these Terms and Conditions or our Privacy Policy.
CONDITIONS OF MAKING AN ONLINE PURCHASE.
Buying online
In order to make a purchase you will need to set up an account. We will ask for personal information in order to set up the account and you agree to provide accurate, current, complete and non-misleading information. Our Privacy Policy outlines how this information will be collected and managed.
By placing an order online, you make an offer to purchase in accordance with the Terms and Conditions herein. We will acknowledge receipt of your order both online and via email order confirmation but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted only when we have confirmed that the order has been discharged.
Presentation, Pricing and Availability of goods
We always aim to ensure that all details, description and prices appearing on this website are accurate, but from time to time errors may occur. While we try to accurately represent the colour of an item in our photography, representation of the item may be affected by the settings of the computer on which it is viewed.
Where we have made an error in the price of an item on our site, we reserve the right to withdraw this item from sale at this price and present it at the correct price. If you have placed an order at the incorrect price, we will inform you of the error and give you the opportunity to confirm your order at the correct price or cancel the order
All items sold are subject to availability and while every effort is made to fulfill your order, products turns over very quickly in our warehouse and on rare occasions the item you require may not be available although you may have received a confirmation of your order. We will advise you by text , phone or email of this , if we have to cancel your order for this reason, and give you the option to replace the item(s) or obtain a refund if payment has been made
Payment
All prices are in Nigerian Naira. Delivery costs may be charged in addition to the product price and included in the total cost. Any additional charges are clearly displayed where applicable and included in the total cost.
If there is the option to pay by debit card, we will carry out a standard pre-authorization check on your card upon receiving your order to ensure there are sufficient funds to settle the transaction. All payments made against the purchases/services provided on this site shall be compulsorily in Nigerian Naira. Kiddies Wearhouse does not accept any other form of currency with respect to the purchase made on this site
LEGAL CLAUSES
Disclaimer of Liability
This website, its content, any material displayed on it, any information available on or through this website and the software is provide “as is” and “as available” and without any guarantees, conditions or warranties of any kind, either express or implied, as to its accuracy to the fullest extent permitted pursuant to applicable laws
Unless expressly stated to the contrary, to the fullest extent permitted by law, Kiddies Wearhouse and its suppliers, content providers and advertisers will not be liable in contract, tort, (including, without limitation, negligence), pre-contract or other representations, (other than fraud or negligent misrepresentation) or otherwise out of or in connection with the Terms and Conditions for;
· Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
· Any loss of goodwill and reputation; or
· Any special or indirect losses suffered or incurred arising out of or in connection to this website or the linked site and any other material posted thereon
Kiddies Wearhouse does not represent or warrant that your use of the website, or the operation or function of the website or any services offered in connection with the website will not be interrupted or error free; that defects on the website will be corrected; or that the website or it server or any links are free of viruses or other harmful elements. Kiddies Wearhouse make no representations or warranty that the website, materials, software or any product offered or purchased through the website is applicable or appropriate for use or access in location outside Nigeria
Delivery
This site is only for delivery of products to customers within Nigeria. We shall make every effort to deliver goods within the estimated time schedules set out on our site, however delays are occasionally inevitable due to unforeseen factors. We shall not be under any liability for any delay or failure to deliver the products within the estimated timeline where the delay does not occur due to any fault or negligence on our part
Indemnity
You agree to indemnify, defend and hold harmless Kiddies Wearhouse, its directors, officers, employees, consultants, agents and affiliates, from any and all third-party claims, damages and/or cost (including but not limited to, legal fees) arising from your use of this website or your breach of these Terms and Conditions
Variation
Kiddies Wearhouse shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the site, information content on the site and all the website design, including but not limited to, text, graphic, software, photos, video, music, sound and their selection and arrangement and all software compilations, underlying source code and software shall remain at all times vested in Kiddies Wearhouse or its licensor. Use of such material will only be permitted as expressly authorized by Kiddies Wearhouse or it licensor.
Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, published, display, distribute, commercially exploit or create derivative works of such material and content
Invalidity
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected. All other terms will remain in full force and effect. So far as possible where any terms or part of a term can be severed or removed to render the remaining part valid, the term shall be interpreted accordingly. Alternatively, you agree that the term shall be rectified and interpreted in such a way that closely resembles the original meaning of the terms as it is permitted by law.
Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria. In the event of dispute, any action, suit or proceeding arising out of or relating to this term, it shall be submitted to the exclusive jurisdiction of the courts of Nigeria. You hereby further irrevocably and unconditionally waive and agree not to plead in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum.
Waiver
No failure, relaxation forbearance, delay or indulgence by Kiddies Wearhouse in enforcing any of the terms and conditions of this website or the granting of time by us shall prejudice, affect or restrict our rights and powers hereunder nor shall any waiver of any subsequent or any continuing breach. No right or remedy herein conferred upon or reserved by Kiddies Wearhouse is exclusive of any other right or remedy accruing to this website or provided by law or equity, but shall be cumulative of every other right or remedy given hereunder.
Severability
If any portion of the Terms and Conditions shall be held to be illegal, void, invalid or unenforceable under the law of any relevant jurisdiction, the legality, validity and enforceability of the remainder of this Terms and Conditions in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of the Terms and Conditions in any other jurisdiction shall not be affected.
Entire Agreement.
The Terms and Conditions herein, the Return Policy, Privacy Policy and any emails regarding the services provided by Kiddies Wearhouse constitute the entire agreement of the parties (Kiddies Wearhouse and Customers) and supersede any and all preceding and contemporaneous agreements between you and Kiddies Wearhouse. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a director of Kiddies Wearhouse