Terms and Conditions

The following document (together with the documents referred to) contains the terms and conditions of use and the terms and conditions of sale/supply (the "Terms and Conditions") of any of the products listed on our website: www.24eleven.ng. This is a legal contract between you and 24eleven ("24eleven, We, Us, Our, Website"). Please read the entire document carefully before using our website and/or ordering any product from us. By accessing, using and/or ordering a product from our website, you accept, without qualification or limitation, the following Terms and Conditions, our Returns Policy and our Privacy Policy and you acknowledge that any other agreements that may exist between you and 24eleven with respect to the following terms and conditions are superseded and of no force and effect.

24eleven is a company incorporated under the Companies and Allied Matters Act, 1990 with registered office in Lagos Nigeria. If you have any questions, comments or suggestions, please send an email to hello[at]24eleven.ng.

Changes to these Terms and Conditions

We reserve the right to amend and update this Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking the "Terms and Conditions" hypertext link located at the bottom of our web pages. You are responsible for checking these Terms and Conditions periodically for changes. Each time you use the Website, you re-affirm your consent to the most recent Terms and Conditions.

Definitions and Service Description

  • “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
  • “Working Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in Nigeria;
  • “Customer” means individual who places an order on the site;
  • “Order” means the order submitted by you to the site to purchase a product from us;
  • “You” means the customer who places an order on the Website and any other person who visits/uses the Website.

Trade Marks Notice

24eleven, its graphic logo, slogan and design marks associated with it are trademarks of 24eleven. Any rights not expressly granted herein are reserved.

Intellectual Property Rights

Everything located on or in this website including but not limited to logos, photographs, text, graphics, artwork, computer code, design, structure and sounds (collectively, "Intellectual Property") is owned by or licensed to 24eleven. You may not copy, distribute, transmit or modify any of our Intellectual Property without the written permission of 24eleven. Infringements will be subject to legal actions.

We respect the intellectual property right of others. Kindly contact us at hello[at]24eleven.ng if you feel that your work has been copied in a way that constitutes copyright infringement.

Right to Change the Site

24eleven may discontinue, edit, delete or change any aspect of the website, including, but not limited to:

a) Restricting availability times
b) Restricting compatibility with certain computer software or hardware
c) Restricting amounts of use permitted
d) Removing or changing content, features, or material availability on the website
e) Restricting, suspending or terminating any user’s privilege to use the web site at Our sole discretion and without prior notice or liability.

Use and Eligibility Requirements

By visiting 24eleven, you consent to the following conditions. We may, at our discretion deny you access to the Website by blocking if we feel you have at any time violated the following eligibility requirements:

  • You must be at least 18 years of age to access the Website or its services
  • You agree not to attempt to reverse engineer, breech security measures of or otherwise access 24eleven for reasons other than making purchases and gathering prior information regarding our products and services.
  • Our content (text and images) is copyrighted under Nigerian and international law; you therefore agree not to electronically copy or redistribute any content gained from 24eleven.
  • You may not use any data mining, automated scripts, bots, information gathering or other automated mechanisms while connected to the Website.
  • You may not access our servers or internal computer systems, interfere in any way with the functionality of this Website, gather or alter any underlying software code.
  • You agree to and understand that we use IP address logging and may use certain 3rd parties to verify your compliance with these terms.
  • You agree that you have read and understood the content of our Privacy Policy.
  • You may use the website for lawful purposes only. You may not submit or transmit through the website any information, content or material or otherwise engage in any conflict that:
    • violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortuous
    • impersonates any person, business or entity including 24eleven and its employees or agents
    • encourages conduct that would constitute a criminal offense or give rise to civil liability.

*This list is non-exhaustive and similar actions are also strictly prohibited.

Membership Eligibility, Your Account and Obligations

Certain services and features made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or features, you agree:

  • to provide true, accurate, current and complete information about yourself as prompted by the registration or subscription form (such information being the "Registration Data")
  • to maintain and promptly update the Registration Data to keep it true, accurate, current and complete
  • that 24eleven may terminate your account at any time without notice for any reason at its sole discretion.
  • that you are solely and exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and exclusively responsible for any and all activities that occur under your Account or through access gained by use of your password and user name.
  • to notify 24eleven immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or Account or gaining access to personal information you submitted to the Website either with or without your knowledge. However, you could be held liable for losses incurred by Us or another party due to someone else using your Account or password.
  • You may not use anyone else's Account at any time

User Generated Content

By posting questions, reviews, comments, and suggestions (collectively, "User Generated Content") on the Website, You grant us a worldwide, royalty-free, and non-exclusive, perpetual, irrevocable license, to reproduce, publicly display, publicly perform, distribute, modify, adapt and publish the User Generated Content in connection with 24eleven and its services. You may remove your User Generated Content from the Website at your discretion. 24eleven may preserve and store User Generated Content (including Content you have removed from the Website), and may disclose such content if required to do so by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 24eleven, its users and the public.

We cannot guarantee the accuracy, integrity or quality of User Generated Content. We have the right (but not the obligation) in our sole discretion to refuse or remove any User Generated Content for any reason, including User Generated Content that may violate these Terms and Conditions, or that is otherwise objectionable. We also cannot take responsibility for anything that other users may do in reliance on the content You post in the Website.

Although we strive to maintain high standards for this Website, we are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Website. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of 24eleven. 24eleven neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Website by anyone other than authorized 24eleven employees acting in their official capacities.

Acceptance of Electronic Documents/Communications

You agree and consent to receiving required notices, disclosures, agreements, invoices, credit notes, vouchers and other communications/documents electronically. You also agree that the documents/communications satisfy any legal requirement that such documents/communications be in writing.

Confirmation/Cancellation of Order

When ordering a product form the Website, you will be prompted to and must register for a customer Account at checkout. You will then be shown (on the checkout page) the charges you must pay for receipt of the ordered product(s) and any applicable delivery charges. All prices are in Nigerian Naira and include VAT.

When You submit an order to the Webiste, You undertake that all details you provide to Us for the purpose of purchasing the product from Us will be correct and You agree that You do so subject to these Terms and Conditions current at the date You submit your order.

Both parties (You and Us) agree that an offer is only made once You have selected the item You intend to purchase and completed the checkout process and an order remains an offer until We change your order status to "Confirmed" or until You cancel your order. Before your order is confirmed, You may be asked to provide additional information, including but not limited to phone number and home address.

We shall not be obliged to deliver the product to You until we confirm your order. Unless expressly stated that your order status has been changed to "Confirmed", any email, text messages or other acknowledgement of your order is purely for information purposes and does not constitute the confirmation of order.

We reserve the right to cancel any unconfirmed order or refuse to accept your offer for any reason and without any explanation.

The acceptance of an offer is only made when we confirm your order; we shall be legally bound to supply the product to You and if the preferred payment method for the order is "Cash on Delivery, You shall be legally bound to pay for the product in full at the point of delivery.

We may cancel a confirmed order if the product is not available for any reason. If this is the case, We will notify You and return any payment that You have made.

If you discover an error (made by You) with your order after submitting it to us, please contact helle[at]24eleven.ng immediately. However, We cannot guarantee that We will be able to make corrections to your order in accordance with your instructions.

Payment and Pricing

All payment made for the purchase of goods and/or services on 24eleven.ng must be in Nigerian Naira.

We are determined to provide the most accurate pricing information on Our site but errors such as wrong pricing due to typographical error and/or cases when the price of an item is not displayed correctly on the Website/your browser may occur. As such, We reserve the right to reject or cancel your order and make refunds (if any). Refunds will be made by cheque or bank wire transfer

Use of Vouchers

We issue and accept the use of gift vouchers and promotional vouchers as payment for products on the Website. We may also issue vouchers as refund for items returned. You can assign your rights to use our vouchers to someone else. Our vouchers do not accrue interest and cannot be exchanged for cash.

Promotional vouchers can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual brands may be excluded from voucher promotions. If the credit of a promotional voucher is more than the value of the product You wish to purchase, no refund or residual credit will be returned to You. If the credit of a promotional voucher is insufficient for the order You wish to make, You can make up the difference through payment.

We reserve the right to withdraw or cancel our promotional vouchers at any time.

You may purchase gift vouchers for use on the Website by You or other customers. The gift vouchers will be sent by email. Gift vouchers can only be purchased using a debit card or PayPal. Gift vouchers cannot be used to purchase other gift vouchers. You can use as many gift vouchers as You wish to pay for an order and gift vouchers may be used with a promotional voucher.

We accept no liability for the loss, theft and illegibility of vouchers.

Delivery

We aim to deliver goods to you within the estimated timeframes set out on the Website but we cannot guarantee any firm delivery dates. We shall aim to let You know if We are unable to meet the estimated delivery dates but We shall be under no liability for any loses, liabilities, damages, charges or expenses arising from late delivery or failure to deliver the product.

We only ship within Nigeria and You must sign our delivery note upon delivery of the product. You must ensure that You are ready for the safe receipt of the product at your delivery address without undue delay and at any time reasonably specified by Us. If you are not available to take delivery or collection, We may leave a card giving You instructions on either re-delivery or collection from the carrier and We reserve the right to charge You for our storage fee and other cost reasonably incurred by Us or cancel the applicable order in which case We will refund to You any money already paid to Us, less Our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fee).

You agree to inspect the product for any obvious faults, defects or damage before You sign for delivery.

It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made to fit any particular requirements that You may have.

Return Policy

Please see ourReturns Policy. Our Return Policy is part of and incorporated into these Terms and Conditions.

Data Protection

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms and Conditions.

Circumstances beyond our Control

Both parties (You and Us) agree that we shall attach no liability for any breach, hindrance or delay in performance of a contract attributed to any cause beyond our reasonable control, including but not limited to any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainment of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

Either You or Us shall be deemed to have terminated a contract in the event that the event of force majeure lasts for a period of seven working days or more, in which event neither You nor Us shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by You and not delivered).

If We have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting Our obligations to You by reason of an event of force majeure, We may decide at Our absolute discretion which contracts We will perform and to what extent.

Indemnification

You agree to defend, indemnify, and hold harmless 24eleven and its owners, licensees, subsidiaries, operators, officers, directors, employees, affiliates, and agents, from and against any and all actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorney’s fees) arising from or in connection with:

a) your use of and access to the Website
b) your violation of any terms or provision of these Terms and Conditions
c) your failure to abide by applicable local, state federal and international law
d) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right

Disclaimer of Warranties

Since operation and functionality of the Site depend on factors such as the type of hardware, software, or network You are using, there is a possibility that the Website may not work on your computer, be interrupted or have errors in its operation, or may interfere or even harm the operation of your computer; We do not warrant the successful operation of the Website on your computer, and We are not liable for any problem that may result from your use of the Website.

The site is provided by 24eleven on an "as is" and "as available" basis. You use the site and content at your own risk. To the maximum extent permitted by law, We make no representations, warranties or conditions of any kind, express or implied, as to the operation of the site or the information or content included on the site. 24eleven makes no representations or warranties that the Website will be uninterrupted, error-free, virus-free, secure, or timely. To the maximum extent permitted by law, We expressly disclaims all representations, warranties or conditions of any kind, whether express or implied, including but not limited to the implied representations, warranties or condition of merchant ability, fitness for a particular purpose, title, non-infringement and those arising from a course of dealing, trade, usage or performance. We urge You to keep backup copies of content and other materials, if any, that You maintain on or use with the Website. If your use of the Website results in the need for servicing or replacing property, materials, equipment or data, we are not responsible for any resulting costs or damages.

Limitation of Liability

In performing any obligation under these Terms and Conditions, Our only duty is to exercise reasonable care and skill.

Your sole and exclusive remedy for any dispute with Us is to discontinue your use of the Website.

Under no circumstances, including but not limited to negligence, shall 24eleven, its owners, operators, officers, directors, employees, affiliates or agents be liable to You for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from:

a) Use or inability to use 24eleven including without limitation use of or reliance on information available on 24eleven, interruptions, errors, defects, mistakes, omissions, deletion of files, delays in operation or transmission, non-delivery of information, disclosure of communicators, or any other failure of performance
b) Errors, mistakes, opinions, or inaccuracies with regards to information available on 24eleven
c) Any unauthorized access and use of Our secure servers and/or any and all personal information and/or financial information stored therein
d) Personal injury and/or property damage of any nature whatsoever, resulting from your use of the Website
e) Any interruptions or cessation of transmission to or from the website
f) Any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party
g) Any errors or omission in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Website whether based on warranty, contract or any other legal theory, and whether or not 24eleven is advised of the possibility of such damages.

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You should not rely on any information accessed using the site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.

International use

We make no representation that any content of the website is appropriate or available for use in locations outside Nigeria. Accessing the Website from other territories where the content is illegal is prohibited. If you choose to access the Website from a location outside Nigeria, You do so on your own initiative and You are responsible for compliance with local laws.

Termination

You agree that We may, at any time and at Our sole discretion, with or without cause or any notice to You, terminate these Terms, your access to the Website, and/or your Account, or suspend or block your access to the Website. If applicable law requires Us to provide notice of termination, We may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that We have for You in Our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end.

If your Account or access to the Website is terminated for any or no reason, You may no longer have access to the User Generated Content You posted on the Website. In such event, We may continue to exploit electronic or printed materials that contain such User Generated Content.

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.

Governing Law

You agree that the laws in force in the Federal Republic of Nigeria govern this contract. You further agree that any disputes, claims that You may have against Us will be resolved by arbitration before a single arbitrator in Lagos, Nigeria under the applicable rules of arbitration. The arbitrator shall be a person who is legally trained and is independent of either party. Notwithstanding the foregoing, We reserve the right to pursue the protection of intellectual property rights and confidential information through the courts and You agree and submit to the exclusive jurisdiction of courts in Lagos state, Nigeria.

Severability

If any part of these Terms and Conditions should be determined to be illegal, invalid or unenforceable by any court or tribunal in any state or country which these terms are intended to be effective then that part shall be severed and shall not affect the validity of the other parts of these Terms and Conditions which will survive, remain in full force and effect and continue to be binding and enforceable.

Copyright © 2018 24eleven. All rights reserved.