RETURN POLICY
Welcome to Smart
Shoppings!. Heavens Floodgates Easywell Shoppings Ltd (RC1106188)and/or its
affiliates ("Smart Shoppings!") provide website features and other
products and services to you when you visit or shop at Smart Shoppings!, use Smart
Shoppings! products or services, use Smart Shoppings! applications for mobile,
or use software provided by Smart Shoppings! in connection with any of the
foregoing (collectively, "Smart Shoppings! Services"). Smart
Shoppings! provides the Smart Shoppings! Services subject to the following
conditions.
By using Smart Shoppings! Services, you agree to these conditions.
Please read them carefully.
We offer a wide range of
Smart Shoppings! Services, and sometimes additional terms may apply. When you
use an Smart Shoppings! Service (for example, Your Profile, Gift Cards, Smart
Shoppings! Instant Video, Your Media Library, or Smart Shoppings! applications for mobile) you
also will be subject to the guidelines, terms and agreements applicable to that
Smart Shoppings! Service ("Service Terms"). If these Conditions of
Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our
Privacy Notice, which also governs your use of Smart Shoppings! Services, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you use any Smart
Shoppings! Service, or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site or
through the other Smart Shoppings! Services. 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.
COPYRIGHT
All content included in
or made available through any Smart Shoppings! Service, such as text, graphics,
logos, button icons, images, audio clips, digital downloads and data
compilations is the property of Smart Shoppings! or its content suppliers and
protected by United States and international copyright laws. The compilation of
all content included in or made available through any Smart Shoppings! Service
is the exclusive property of Smart Shoppings! and protected by U.S. and
international copyright laws.
TRADEMARKS
In addition, graphics,
logos, page headers, button icons, scripts, and service names included in or
made available through any Smart Shoppings! Service are trademarks or trade
dress of Smart Shoppings! in the U.S. and other countries. Smart Shoppings!'s
trademarks and trade dress may not be used in connection with any product or
service that is not Smart Shoppings!'s, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits Smart
Shoppings!. All other trademarks not owned by Smart Shoppings! that appear in
any Smart Shoppings! Service are the property of their respective owners, who
may or may not be affiliated with, connected to, or sponsored by Smart
Shoppings!.
PATENTS
One or more patents
owned by Smart Shoppings! apply to the Smart Shoppings! Services and to the
features and services accessible via the Smart Shoppings! Services. Portions of
the Smart Shoppings! Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your
compliance with these Conditions of Use and your payment of any applicable
fees, Smart Shoppings! or its content providers grant you a limited,
non-exclusive, non-transferable, non-sublicensable license to access and make
personal and non-commercial use of the Smart Shoppings! Services. This license
does not include any resale or commercial use of any Smart Shoppings! Service,
or its contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of any Smart Shoppings! Service or its contents;
any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. All rights not expressly granted to you in these Conditions
of Use or any Service Terms are reserved and retained by Smart Shoppings! or
its licensors, suppliers, publishers, rightsholders, or other content
providers. No Smart Shoppings! Service, nor any part of any Smart Shoppings!
Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of Smart
Shoppings!. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Smart Shoppings! without express written consent. You may
not use any meta tags or any other "hidden text" utilizing Smart
Shoppings!'s name or trademarks without the express written consent of Smart
Shoppings!. You may not misuse the Smart Shoppings! Services. You may use the Smart
Shoppings! Services only as permitted by law. The licenses granted by Smart
Shoppings! terminate if you do not comply with these Conditions of Use or any
Service Terms.
YOUR ACCOUNT
If you use any Smart
Shoppings! Service, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you
agree to accept responsibility for all activities that occur under your account
or password. Smart Shoppings! does sell products for children, but it sells
them to adults, who can purchase with a credit card or other permitted payment
method. If you are under 18, you may use the Smart Shoppings! Services only
with involvement of a parent or guardian. Alcohol listings on Smart Shoppings!
are intended for adults. You must be at least 21 years of age to purchase
alcohol, or use any site functionality related to alcohol. Smart Shoppings!
reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, photos, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of
or contain software viruses, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of "spam." You may not use
a false e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Smart Shoppings! reserves the
right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content
or submit material, and unless we indicate otherwise, you grant Smart
Shoppings! a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant Smart Shoppings! and sub-licensees the right
to use the name that you submit in connection with such content, if they
choose. You represent and warrant that you own or otherwise control all of the
rights to the content that you post; that the content is accurate; that use of
the content you supply does not violate this policy and will not cause injury
to any person or entity; and that you will indemnify Smart Shoppings! for all
claims resulting from content you supply. Smart Shoppings! has the right but
not the obligation to monitor and edit or remove any activity or content. Smart
Shoppings! takes no responsibility and assumes no liability for any content
posted by you or any third party.
COPYRIGHT COMPLAINTS
Smart Shoppings!
respects the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please follow our Procedure for
Making Claims of Copyright Infringment.
RISK OF LOSS
All items purchased from
Smart Shoppings! are made pursuant to a shipment contract. This means that the
risk of loss and title for such items pass to you upon our delivery to the
carrier.
RETURNS, REFUNDS AND TITLE
Smart Shoppings! does
not take title to returned items until the item arrives at our fulfillment
center. At our discretion, a refund may be issued without requiring a return.
In this situation, Smart Shoppings! does not take title to the refunded item.
For more information about our returns and refunds, please see our Returns Center Steps:
PRODUCT DESCRIPTIONS
Smart Shoppings!
attempts to be as accurate as possible. However, Smart Shoppings! does not
warrant that product descriptions or other content of any Smart Shoppings!
Service is accurate, complete, reliable, current, or error-free. If a product
offered by Smart Shoppings! itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except where noted
otherwise, the List Price or Suggested Price displayed for products on any Smart
Shoppings! Service represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice; or the estimated retail value for a comparably
featured item offered elsewhere. The List Price or Suggested Price is a
comparative price estimate and may or may not represent the prevailing price in
every area on any particular day. For certain items that are offered as a set,
the List Price or Suggested Price may represent “open-stock” prices, which mean
the aggregate of the manufacturer's estimated or suggested retail price for
each of the items included in the set. Where an item is offered for sale by one
of our merchants, the List Price or Suggested Price may be provided by the
merchant.
With respect to items
sold by Smart Shoppings!, we cannot confirm the price of an item until you
order. Despite our best efforts, a small number of the items in our catalog may
be mispriced. If the correct price of an item sold by Smart Shoppings! is
higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such
cancellation. Other merchants may follow different policies in the event of a
mispriced item.
We generally do not
charge your credit card until after your order has entered the shipping process
or, for digital products, until we make the digital product available to you.
SMART SHOPPINGS! SOFTWARE TERMS
In addition to these
Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the
software and any related documentation) that we make available to you from time
to time for your use in connection with Smart Shoppings! Services (the "Smart
Shoppings! Software").
OTHER BUSINESSES
Parties other than Smart
Shoppings! operate stores, provide services, or sell product lines on this
site. In addition, we provide links to the sites of affiliated companies and
certain other businesses. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or individuals
or the content of their Web sites. Smart Shoppings! does not assume any
responsibility or liability for the actions, product, and content of all these
and any other third parties. You should carefully review their privacy
statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SMART SHOPPINGS!
SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMART
SHOPPINGS! SERVICES ARE PROVIDED BY SMART SHOPPINGS! ON AN "AS IS"
AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SMART
SHOPPINGS! MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THE SMART SHOPPINGS! SERVICES, OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SMART
SHOPPINGS! SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE
THAT YOUR USE OF THE SMART SHOPPINGS! SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, SMART SHOPPINGS! DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMART SHOPPINGS! DOES NOT
WARRANT THAT THE SMART SHOPPINGS! SERVICES, INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE SMART SHOPPINGS! SERVICES, SMART SHOPPINGS!'S
SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SMART SHOPPINGS! ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SMART SHOPPINGS! WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SMART SHOPPINGS! SERVICE,
OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SMART
SHOPPINGS! SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your use of any Smart
Shoppings! Service, or to any products or services sold or distributed by Smart
Shoppings! or through Smart Shoppings! will be resolved by binding arbitration,
rather than in court, except that you may
assert claims in small claims court if your claims qualify. The Federal
Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms of these
Conditions of Use as a court would.
To begin an arbitration
proceeding, you must send a letter requesting arbitration and describing your claim
to our Confidential Secretary & Legal Adviser, Retail Superstores Legal
Department, Heavens Floodgates Easywell Shoppings Ltd, Registered Office , 176
Railway Line, Ilupeju, Palmgrove, Mushin, Lagos 100252, Nigeria. The arbitration will be conducted by the Nigerian
Arbitration Council (NAC) under its rules, including the NAC's Supplementary
Procedures for Consumer-Related Disputes. We will reimburse those fees for
claims totaling less than NGN 100,000 unless the arbitrator determines the
claims are frivolous. Likewise, Smart Shoppings! will not seek attorneys' fees
and costs in arbitration unless the arbitrator determines the claims are
frivolous. You may choose to have the arbitration conducted by telephone, based
on written submissions, or in person in the county where you live or at another
mutually agreed location.
We each agree that any dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a
claim proceeds in court rather than in arbitration we each waive
any right to a jury trial.
We also both agree that you or we may bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Smart
Shoppings! Service, you agree that the Federal Arbitration Act, applicable
federal law, and the laws of the state of Lagos, without regard to principles
of conflict of laws, will govern these Conditions of Use and any dispute of any
sort that might arise between you and Smart Shoppings!.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other
policies, such as our pricing Policy, posted on this site. These policies also govern your use of Smart
Shoppings! Services. We reserve the right to make changes to our site,
policies, Service Terms, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
OUR ADDRESS
Heavens Floodgates Easywell Shoppings Ltd.
176 Railway Line, Ilupeju, Palmgrove, Mushin,
Lagos, 100252, Nigeria
How to Serve a Subpoena
If you have a subpoena to serve on Smart
Shoppings!, please note that Smart Shoppings! does not accept service via
e-mail or fax and will not respond to the subpoena. All subpoenas must be
properly served on Smart Shoppings!, preferably by mailing the subpoena to Confidential Secretary & Legal Adviser,
Retail Superstores Legal Department , Smart Shoppings!'s national
registered agent. Please find below the Lagos address for:
Confidential Secretary & Legal Adviser,
Retail Superstores Legal Department,
Heavens Floodgates Easywell Shoppings Ltd,
Registered Office,
176 Railway Line, Ilupeju, Palmgrove,
Mushin, Lagos 100252, Nigeria
Attn: Legal Department - Subpoena
Please note also that
providing detailed and accurate information at the outset will facilitate
efficient processing of your request. That information will include, for
example, e-mail and/or credit card number used to make purchases for retail
purchase information; the name, e-mail, and physical address of a seller for
seller information; Kindle serial number for Kindle information (please note we
do not have GPS location information); and IP address and complete time stamp
for AWS information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your
work has been copied in a way that constitutes copyright infringement, please
submit your complaint using our online form. We respond quickly to the concerns of rights owners about any
alleged infringement.
If you prefer to submit
a report in writing, please provide us with this information:
·
A physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
·
A description of the copyrighted work that you claim has been
infringed upon;
·
A description of where the material that you claim is infringing
is located on the site;
·
Your address, telephone number, and e-mail address;
·
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law;
·
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Smart Shoppings!'s
Copyright Agent for notice of claims of copyright infringement on its site can
be reached as follows:
Copyright Agent
Retail Superstores Legal Department,
Heavens Floodgates Easywell Shoppings Ltd,
Registered Office,
176 Railway Line, Ilupeju, Palmgrove,
Mushin, Lagos 100252, Nigeria
fax: +234 806) 266-7010
Please note that this
procedure is exclusively for notifying Smart Shoppings! that your copyrighted
material has been infringed.
1. Use of the Smart
Shoppings! Software. You may use Smart Shoppings! Software solely for purposes of
enabling you to use and enjoy the Smart Shoppings! Services as provided by Smart
Shoppings!, and as permitted by the Conditions of Use, these Software Terms and
any Service Terms. You may not incorporate any portion of the Smart Shoppings!
Software into your own programs or compile any portion of it in combination
with your own programs, transfer it for use with another service, or sell,
rent, lease, lend, loan, distribute or sub-license the Smart Shoppings!
Software or otherwise assign any rights to the Smart Shoppings! Software in
whole or in part. You may not use the Smart Shoppings! Software for any illegal
purpose. We may cease providing any Smart Shoppings! Software and we may
terminate your right to use any Smart Shoppings! Software at any time. Your
rights to use the Smart Shoppings! Software will automatically terminate
without notice from us if you fail to comply with any of these Software Terms,
the Conditions of Use or any other Service Terms. Additional third party terms
contained within or distributed with certain Smart Shoppings! Software that are
specifically identified in related documentation may apply to that Smart
Shoppings! Software (or software incorporated with the Smart Shoppings!
Software) and will govern the use of such software in the event of a conflict
with these Conditions of Use. All software used in any Smart Shoppings! Service
is the property of Smart Shoppings! or its software suppliers and protected by
United States and international copyright laws.
2. Use of Third Party
Services. When you use the Smart Shoppings! Software, you may also be
using the services of one or more third parties, such as a wireless carrier or
a mobile platform provider. Your use of these third party services may be
subject to the separate policies, terms of use, and fees of these third
parties.
3. No Reverse Engineering. You may not, and
you will not encourage, assist or authorize any other person to copy, modify,
reverse engineer, decompile or disassemble, or otherwise tamper with, the Smart
Shoppings! Software, whether in whole or in part, or create any derivative
works from or of the Smart Shoppings! Software.
4. Updates. In order to keep
the Smart Shoppings! Software up-to-date, we may offer automatic or manual
updates at any time and without notice to you.
5. Export Regulations;
Government End Users. You must comply with all export and re-export restrictions
and regulations of the Department of Commerce and other United States agencies
and authorities that may apply to the Smart Shoppings! Software. If you are a Nigerian
Government end user, we are licensing the Smart Shoppings! Software to you as a
"Commercial Item" as that term is defined in the Nigerian Code of
Federal Regulations , and the rights we grant you to the Smart Shoppings!
Software are the same as the rights we grant to all others under these
Conditions of Use.