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Terms and Conditions

General

Welcome to Swish Ideas Limited. Swish Ideas Limited is a registered company in Nigeria. 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 Swish Ideas. For the purposes of this website, "seller", "we", "us" and "our" all refer to www.swishideas.com

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.

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.

 

Product Description

Products displayed on the site have been described as best as possible. Please note that we shall not be held responsible for misinterpretation of any descriptions and if anything is not understood, you should clear with us. We will not be held responsible for misinterpretation of product colours. We cannot guarantee that your monitor’s display will accurately reflect the colour of the items received.

 

Product Dimension

Dimensions of products are approximations at best. We will not be held responsible for differences in dimensions in weight, size, length, width and height.

 

Price Information

Except expressly stated, all items are sold in Nigerian Naira. We reserve the right to increase or decrease prices of products without prior notice to you. We reserve the right to cancel an order should there be disparity in price, even if the error is caused from our end. In the event that a mis-priced item has been paid for, a full refund will be given.

 

Payment Methods

Payment methods include:

1. Cash/Payment On Delivery (COD/POD)

You may choose to pay for your item at the point of delivery. Payment can be made with cash or card (COD or POD). If the POS is available for your delivery, you may use your card. A POS will not always be available for a delivery so you are solely responsible for sorting payment correctly. Our courier companies do not carry petty change and so you will need to provide the full cost of the item. We will NOT accept cash over N100,000.00 for COD/POD. We do not accept cheques on delivery. COD/POD is only for Lagos orders and subject to our discretion. There is a fee for cash on delivery, which we reserve the right to change without notice to you. Should we notice a customer has defaulted in cash on delivery payments 3 times for no justifiable reason, that customer will be banned or restricted from checking out via this payment method.

2. Card Payment

You may choose to pay for your item on the site via a bankcard. You may use your Mastercard, Visa or Verve cards. Please have your secure code (for Master card), verified by visa pin (for visa cards) and pins for all cards. You may also be required to enter your software token if applicable. We do not and will never store your bank details and payment is made securely via our preferred payment gateway associate. All data is encrypted.

 

3. Bank Transfer

You may choose to pay for your item via a bank transfer. If this option is chosen, you will be notified of our bank details and you will be required to send proof of a transfer or bank deposit to our email address (info@swishideas.com). We will not be held responsible for transfers to other accounts.

 

Use Of The Site

You confirm that you are at least 18 years of age or you are accessing the site under the supervision of a parent or legal guardian.

Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive licence to use this site in accordance with the Terms and Conditions of Use for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making inquiries. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, 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.

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.

 

Submissions

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, comments 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.

 

Website Information

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.

 

Accessing The Site

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserve 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.

 

Links

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.

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 that link. Should we refer to or mention third party links, this is no way an endorsement of the site/link/page. Leaving our site to a third party site is done at your own risk.

 

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered in the site, information content, 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 our licensors or us.

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.

 

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordance with our Privacy Policy, which is available on our site.

 

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. In cases of cash/payment on delivery, an offer is made when payment has been made.

Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or 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 either by email or by phone 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. The site reserves the right to refuse or cancel any order for any reason at any given time.

 

Acceptance of Electronic 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.     

 

Use Of Vouchers/Voucher Codes

Our site accepts the use of vouchers/voucher codes/discount codes for orders placed online which will be valid for three months. The marketing voucher codes, which are accepted on our site, entitle you at the time of ordering a product to a saving on the order being placed on our site. Vouchers may also be issued to customers in exchange for advance payment made to us via transfer to our bank account for products intended to be purchased on the site.

Our voucher codes CANNOT be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time. Vouchers are non-transferrable.

 

Delivery

Pricing for delivery is weight based. This automatically means that the more you buy, the less you spend on shipping/delivery. We deliver to all states in Nigeria through our preferred courier service. Orders are usually dispatched within 1 -7 business days, nationwide. This is after order confirmation and processing.

You agree that you are responsible for providing correct shipping/delivery address and we will not be held responsible for missing or lost packages that occur as a result of wrong addresses. Our courier partners do not ship to mail boxes. If an office address is provided as delivery address, you are responsible for receiving the package. We will not he held responsible for packages left in the sort room/store/mail room or receptionist office.

Most of our courier partners are third parties and therefore, we cannot control delivery times and the above are just estimates. You agree to not hold us liable for any delay or failure to deliver your items or otherwise.

Items not in stock that have been ordered for should be allowed a minimum of 3 weeks for restocking. We will not be held responsible for a delay in procuring these items.

 

Branding

You may decide to have us brand your gifts and souvenirs for you and this will incur an extra charge. Except expressly stated, all branding is done by 3rd parties. To that effect, you agree not to hold us liable for any issues (including but not limited to poor print, misspelled words, wrong font, wrong/misinterpreted colour etc.) arising from branding. It is not the responsibility of Swish Ideas staff to correct, draft or design branding material. You are solely responsible for your design draft. We have an in-house graphic designer who can work on a design draft. This can be done but solely at our discretion and for a charge, where deemed necessary.

 

Return Policy

Please see “Shipping and Returns” for Our Return Policy.

 

Indemnity

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 reasonable 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.

 

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 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.

 

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 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 Swish Ideas in operating the site, your sole and exclusive remedy is to discontinue using the site.

 

Severability

If any portion of these terms or 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.

 

Miscellaneous Provisions

Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale 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 Sale to any third party.