Terms and Condition
Welcome to Belangelique (full name of site) these terms & conditions (“Terms and Conditions”) apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
This website is owned and operated by Belangelique Nigeria Limited. For the purposes of this website, “seller”, “we”, “us” “our” and Belangelique all refer to Belangelique.com
The term our ‘online services’ refers to Belangelique.com, our mobile and tablet applications, our pages on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+ and any other websites or apps we own or run from time to time.
The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
USE of SITE:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly 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.
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
You agree, undertake and confirm that your use of Belangelique.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, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, 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, paedophilia, 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 libellous;
(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 unauthorised copy of another person’s copyrighted work (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 Belangelique’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 and Conditions, Belangelique’s “prior written consent” means a communication coming from Belangelique’s Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;
(o) Solicits gambling or engages in any gambling activity which Belangelique in its sole discretion, believes is or could be construed as being illegal;
(p) Interferes with another user’s use and enjoyment of Belangelique.com or any other individual’s user and enjoyment of similar services;
(q) Refers to any website or URL that, in the sole discretion of Belangelique.com, contains material that is inappropriate for the Belangelilique.com or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(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) Impersonates 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. Belangelique.com reserves the right to bar any such activity.
(ac) You shall not attempt to gain unauthorized access to any portion or feature of Belangelique.com or any other systems or networks connected to Belangelique.com or to any Belangelique’s server, computer, network, or to any of the services offered on or through Belangelique.com, by hacking, password “mining” or any other illegitimate means.
(ad)You shall not probe, scan or test the vulnerability of Belangelique.com or any network connected to Belangelique.com nor breach the security or authentication measures on Bellangelique.com or any network connected to Bellangelique.com.
(ae)You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Bellangelique.com, or any other customer of Bellangelique.com, including any Bellangelique.com account not owned by you, to its source, or exploit Bellangelique.com or any service or information made available or offered by or through Bellangelique.com, 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 Bellangelique.com
(af)You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Bellangelique.com or Bellangelique.com systems or networks, or any systems or networks connected to Bellangelique.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 Bellangelique.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 and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Bellangelique.com or others.
Solely to enable Bellangelique.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. Bellangelique.com will only use Your Information in accordance with the Terms and Conditions of Bellangelique.com
Except as noted herein, you shall not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
ACCESSIBILITY OF WEBSITE
Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
INFORMATION AVAILABLE ON WEBSITE
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
LINKS AND THIRD PARTY WEBSITES
We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
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, graphics, 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 us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised 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, publish, display, distribute, commercially exploit or create derivative works of such material and content
FORMATION OF CONTRACT
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you by email of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, the item is out of stock or does not satisfy our quality control standards and it is withdrawn.
Belangelique reserves the right to refuse or cancel any order for any reason at any given time.
ACCEPTANCE OF ELECTRONIC DOCUMENTS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided
PAYMENT AND PRICING
We accept Visa, MasterCard, Verve, and any other methods which may be clearly advertised on the Site from time to time.
Prices charged to overseas customers will be charged in USD (United States Dollars). Customers will be subject to exchange rate applied by customers’ credit/debit card company. International customers will also be liable for any customs or import duty charges to be applied.
You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer; no order will be processed before this has taken place. Customers will be notified immediately if payments are not authorised.
Please note that we require a valid telephone number and email address when orders are being placed. Failure to provide any of these may lead to order being cancelled.
All prices are inclusive of VAT and we are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the rights to change the prices of goods at any time, to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Once orders have been placed, they cannot be modified in any way. Any cancellations required must be confirmed by telephone immediately after the order has been placed.
We make every effort to ensure that products are displayed accurately on our website. However, kindly note that colours may vary slightly depending upon the quality of your monitor or screen.
All sizes indicated on our website are in Small (S), Medium (M) and Large (L); kindly note that sizes will be compared to other similar size charts and standard measurements. Do contact us if you have any sizing enquiries. A size guide will be provided to enable customers buy the correct sizes.
All goods on our site are subject to availability if any item ordered is sold out, you will be notified immediately and refunded in full.
Please note that reserving pre-order items does not guarantee purchase. Customers will be notified via email when items are in stock, and then orders will be processed on a first come, first served basis.
Due to limited stock and high demand of these garments, Belangelique.com is unable to accept responsibility for items selling out before reservations are confirmed.
At Belangelique.com, we make every effort to deliver goods within the timescales you agree to at checkout; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the timescales where they did not occur due to our fault or negligence.
We may choose not to deliver if the Delivery Company considers the address supplied by you unsafe or finds it difficult to locate, the goods will be returned to Belangelique. However, a refund shall be effected excluding delivery costs where the delivery company has attempted to deliver but found your location difficult to locate. Kindly ensure that you give a full and correct address with visible landmarks and a phone number.
An attempt to deliver shall be made twice, if unsuccessful at the second attempt, the product shall be returned to Bellangelique.com and a refund made out excluding delivery costs.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including legal fees, related to your breach of these Terms and Conditions.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
You have certain rights under the law. In Nigeria these include:
- That any product you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
- Certain remedies if a product is defective; and
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions.
Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Belangeliqué Nigeria LTD in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
If any portion of these Terms and Conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.