Last edited: 24th October 2014

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.

By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to or use the services.

Your use of www.skarabrand.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as "the Website" which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website.

Introduction

The Website is an Internet based content and e-commerce portal owned and operated by The Online Furniture Company Limited, a private limited liability company incorporated under the Companies and Allied Matters Act 1990 of the Federal Republic of Nigeria.

This is the user agreement that governs your use of this website and the provision of the services we provide you.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website Terms and Conditions at any time without further notice. If we do this, we will post the changes to these website Terms and Conditions on this page and will indicate at the top of this page the date these Terms and Conditions were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website Terms and Conditions.

It is your responsibility to regularly check the website to determine if there have been changes to these website Terms and Conditions and to review such changes.

Services

The Website offers a platform that facilitates sale and purchase of merchandise and services by various third party vendors/manufacturers/designers to users.

Eligibility of Use

Services offered on the Website are not available to persons under 18 years of age, except under the supervision of a parent or legal guardian.

Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. The Website will not be liable if for any reason it is unavailable at any time or for any period. From time to time, the Website may restrict access to some parts of the website, or the entire website, to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

Commentary and other materials posted on the Website are not intended to amount to definitive advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

User Account, Password, and Security

The Website may make certain services available to you only if you have provided certain required user information and / or created an account. 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 Website 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 Website 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 Website. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

User Conduct and Rules

By way of example, and not as a limitation, you agree and undertake that when using the Website and its services, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  • Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of The Website or another's computer
  • Conduct or forward surveys, contests, pyramid schemes or chain letters
  • Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
  • Violate any applicable laws or regulations for the time being in force in or outside Nigeria
  • Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

Description of Products

All products available for purchase are described on their specific product page on the Website. We always try to represent as accurately as possible every characteristic of the products via photography and copy points provided by designers, suppliers or manufacturers.

We have a policy of continuous product development so we can provide you with what we consider the best design at the best price, and thus reserve the right to amend the specifications of products, their price, packaging and any service associated at any time, without prior notice. Before ordering, it is your responsibility to have a close look at the product description and characteristics: we choose them with care in order to provide you with the best offer in the market.

We do our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Even if not always mentioned, some self-assembly may be required on certain products.

Pricing

All prices are in Nigerian Naira (N), and are payable in Nigerian Naira (N), plus any applicable taxes. These do not include any delivery costs within Nigeria, or possible special or extra charge. These additional prices will be added upon checkout before making payment and appear in your order confirmation page. Please note we also reserve the right to change prices at any time without notice.

The Pricing Information relating to the Product shall be as disclosed to you at the time of your purchase.

Purchase of Products

Your order represents an offer to us to purchase a product which is accepted by us once we have sent you an email order confirmation. Any products on the same order which we have not confirmed in an order confirmation email do not form part of that contract. The Website shall under no circumstances be held liable for any special losses to specific circumstances of the customer, indirect or consequential losses or for loss of profits, damage or property, or wasted expenditure.

Orders are placed and received exclusively via the Internet and processed by the Website.

Before ordering from the Website, it is your responsibility to check and determine your full ability to receive the products. This includes ensuring that the product ordered will pass freely into your room of choice, and that they fit in that room, can be transported through the front door of your flat or room, stairs and doorways, and any other issues that could make the delivery more complicated or impossible to process. Up-to-date mobile telephone number and e-mail address are absolutely necessary to ensure successful delivery of your item.

All information asked on the checkout page must be filled in precisely and accurately. The Website will not be responsible for missed delivery because of wrong delivery address or an inappropriate phone number. All additional charges or costs due to delivery complications or missed delivery would thus be added to your order invoice.

Payment

Your debit or credit card is charged for part or the whole amount of the order, as the case may be, when the order is created. The Website uses one of the most powerful security systems on the Internet, a Secure Socket Layer (SSL) reinforced by an encryption process in order to protect all significant data related to payment.

A credit /debit card and necessary information is needed for payment. All orders are paid only by credit /debit cards issued by companies listed on the payment page.

The sale will be submitted for processing as soon as you click on the “Place my order” button. You will then receive an email from us to confirm the sale, availability of the product, and expected average delivery date.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or by reason of unwinding or suspending any transaction after processing has begun.

There may be instances when an order cannot be processed for various reasons; The Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s.

In the event that you receive a "payment Error" massage, do not hesitate to contact customer service.

You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit / debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit / debit card details. The Website expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit / debit card.

Return Policy for Products

Please refer to the Shipping, Delivery, Returns & Refunds page of the website.

Shipping, Delivery and Cancellation

Please refer to the Shipping, Delivery, Returns & Refunds page of the website.

Warranties and Claims

Please note the standard warranties and the conditions for usage of the Products in relation to each Product. No claim that is contrary to the above or where Products have been used contrary to the conditions of usage; will be entertained.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Skarabrand from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Skarabrand that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms or any Additional Terms applicable to the purchase of Products.

In no event shall Skarabrand, its officers, directors, employees, partners or vendors be liable to you, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Skarabrand has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything to contrary, Skarabrand's entire liability to you under this Terms and Conditions or otherwise shall be the refund of the money charged from you, under which the unlikely liability arises.

Copyrights

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by the Website.

All intellectual property rights, whether registered or unregistered, on the Website, information content on the Website 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 our property. The entire contents of the Website also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Abuja, Nigeria.

Arbitration

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 f the Federation of Nigeria 2004 (Rules of Commercial Conciliation and Arbitration of 1994 (Dubai), 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.

Termination

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 Website 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 The Website 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 Website 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 Website or with any terms, conditions, rules, policies, guidelines, or practices in operating the Website, your sole and exclusive remedy is to discontinue using the Website.