EVERYTHINGNICE TERMS & CONDITIONS.

​

​

1. Introduction

1.1 “EverythingNice” F.C.T, Nigeria, is the trading name for the 'EVERYTHINGNICE VENTURES' listed at Appendix 1. EVERYTHINGNICE operates an e-commerce platform consisting of a website  together with supporting IT logistics and payment infrastructure for the sale and purchase of cosmetics and home essential products.

1.2  These general terms and conditions shall apply to buyers on the marketplace and shall govern your use of the platform and related services.

1.3 By using our platform you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our platform.

 

​

2. Registration and account

2.1 You may not register with our platform if you are under 18 years of age (by using our platform or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age). 

2.2 If you register for an account with our platform you will be asked to provide an email address/user ID and password and you agree to:

2.3 keep your password confidential;

2.4 Notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and

2.5 be responsible for any activity on our platform arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.

2.6 Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

2.7 We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same.

You may cancel your account on our platform by contacting us directly.

​

​

3. Terms and conditions of sales

3.1 You acknowledge and agree that:

3.2 Our platform  provides an online location for buyers to purchase products;

3.3 the price for a product will be as stated in the relevant product listing;

3.4 the price for the product must include all taxes and comply with applicable laws in force from time to time;

3.5 delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;

​

​

4. Returns and refunds

4.1 Returns of products by buyers and acceptance of returned products shall be managed by ''EVERYTHINGNICE'' in accordance with our 48(hrs) time limit policy. Acceptance of returns shall be in our discretion subject to compliance with applicable laws of the territory.

4.2 Refunds in respect of returned products shall be managed in accordance with the refunds page on the platform as may be amended from time to time. Our rules on refunds shall be exercised in our discretion subject to applicable laws of the territory. We may offer refunds in our discretion:

4.3 in respect of the product price;

4.4 local and/or international shipping fees (as stated on the refunds page); and

by way of store credits vouchers, mobile money transfer, bank transfers or such other methods as we may determine from time to time.

4.5 Returned products in mint condition shall be accepted and refunds shall be issued by EverythingNice. Notwithstanding paragraphs 4.1 and 4.2.

4.6 Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.

​

​

5. Payments

5.1 You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on our platform.

5.2 Each payment validates an order.

5.3 No payment on delivery option.

​

6. Store Credit (Vouchers)

6.1 Store Credits may be earned and managed in accordance with the EverythingNice Store Credit Terms and Conditions as may be amended from time to time. EverythingNice reserves the right to cancel or withdraw EverythingNice store credit rewards for any reason in its discretion including if we suspect fraud or foul play. 

​

​

7. Promotions

7.1 Promotions and competitions run by EverythingNice shall be managed in accordance with the Promotions Terms and Conditions. 

​

​

8. Rules about your content

8.1 In these general terms and conditions your content means:

8.2 You must not use our platform to link to any website or web page consisting of or containing material that would or were posted on our platform doing so breaches the provisions of our terms and conditions.

8.3 the review function on the platform may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

8.4 You must not interfere with a transaction by

8.5 contacting another user to buy an item listed on the platform outside of the marketspace.

8.6 communicating with a user involved in an active or completed transaction to warn them away from a particular item.

8.7 contacting another user with the intent to collect any payments.

8.9 You acknowledge that all users of our platform are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

8.9.1 If you learn of any unlawful material or activity on our platform or any material or activity that breaches these general terms and conditions you may inform us by contacting us as provided at our section.

​

​

9. Our rights

9.1  You grant to us the right to bring an action/no action for infringement of our terms and 

conditions.

​

​

10. Use of website 

• You may:

10.1 view pages from our website in a web browser;

10.2  download pages from our website for caching in a web browser;

10.3 print pages from our website for your own personal and non-commercial use providing that such printing is not systematic or excessive;

10.4. stream audio and video files from our website using the media player on our website;

10.5. use our marketplace services by means of a web browser subject to the other provisions of these general terms and conditions.

10.6. Except as expressly permitted by section 10.3 or the other provisions of these general terms and conditions you must not download any material from our website or save any such material to your computer.

10.7. You may only use our website for your own personal and business purposes in respect of selling or purchasing products on our marketspace.

 

10.8. Except as expressly permitted by these general terms and conditions you must not edit or otherwise modify any material on our website.

10.8.1 Unless you own or control the relevant rights in the material you must not:

10.8.2 republish material from our website (including republication on another website);

10.8.3. sell rent or sub-license material from our website;

10.8.4. monetise any material from our website in public;

10.8.5. exploit material from our website for a commercial purpose; or

10.8.6. redistribute material from our website.

​

10.9. Notwithstanding section 10.6 you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.

10.9.1 We reserve the right to suspend or restrict access to our website to areas of our website and/or to functionality upon our website. We may for example suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass or attempt to circumvent or bypass any access restriction measures on the website.

10.9. You must not:

10.9.1. use our website in any way or take any action that causes or may cause damage to the website or impairment of the performance availability, accessibility, integrity or security of the website;

10.9.2. use our website in any way that is unethical unlawful illegal fraudulent or harmful or in connection with any unlawful illegal fraudulent or harmful purpose or activity;

10.9.3. hack or otherwise tamper with our website;

10.9.4. probe scan or test the vulnerability of our website without our permission;

10.9.5. circumvent any authentication or security systems or processes on or relating to our website;

10.9.6. use our website to copy store host transmit send use publish or distribute any material which consists of (or is linked to) any spyware computer virus Trojan horse worm keystroke logger rootkit or other malicious computer software;

10.9.7. impose an unreasonably large load on our website resources (including bandwidth storage capacity and processing capacity);

10.9.8. decrypt or decipher any communications sent by or to our website without our permission.

10.9.9. conduct any systematic or automated data collection activities (including without limitation scraping data mining data extraction and data harvesting) on or in relation to our website without our express written consent;

10.9.10. access or otherwise interact with our website using any robot spider or other automated means except for the purpose of search engine indexing;

10.9.11. use our website except by means of our public interfaces;

10.9.12. violate the directives set out in the robots.txt file for our website;

10.9.13. use data collected from our website for any direct marketing activity (including without limitation email marketing SMS marketing telemarketing and direct mailing).

10.9.14. do anything that interferes with the normal use of our website.

​

​

11. Copyright and trademarks

11.1. Subject to the express provisions of these general terms and conditions:

11.1.1. we together with our licensors own and control all the copyright and other intellectual property rights in our website and the material on our website.

11.1.2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.

11.2. EverythingNice’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks and such use may constitute an infringement of our rights.

11.3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

​

​

12. Data privacy

12.1. Buyers agree to processing of their personal data in accordance with the terms of EverythingNice’s Privacy and Cookie Notice.

12.2. EverythingNice shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

 

​

13. Due diligence and audit rights

13.1. We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of our marketspace.

13.2. You agree to provide to us all such information documentation and access to your business premises as we may require:

13.2.1. in order to verify your adherence to and performance of your obligations under these terms and conditions;

13.2.2. for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or

13.2.3. as otherwise required by law or applicable regulation.

​

​

14. EverythingNice’s role:

14.1. You acknowledge that:

14.1.1. EverythingNice facilitates an e-commerce site for buyers.

14.1.2. EverythingNice shall at all times remain exclusively liable for the products they sell on the marketplace; and

14.1.3. in the event that there is an issue arising from the purchase of a product on our web, the buyer should seek recourse via our active customer care support.

14.2. We commit to ensure that EverythingNice submit information relating to their products on the webspace that is complete, accurate and up to date and pursuant thereto:

14.3. We do not warrant or represent that the webspace will operate without fault; or that the webspace or any service on the webspace will remain available during the occurrence of events beyond EverythingNice’s control (force majeure events) which include but are not limited to; flood, drought, earthquake or other natural disasters; hacking, viruses, malware or other malicious software attacks on the webspace ; terrorist attacks, civil war civil commotion or riots; war threat of or preparation for war; epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole.

14.4. We reserve the right to discontinue or alter any or all of our webspace services and to stop publishing our webspace at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services or if we stop publishing the webspace . This is without prejudice to your rights in respect of any unfulfilled orders or other existing liabilities of EverythingNice.

14.5. If we discontinue or alter any or all of our products or service in circumstances not relating to force majeure we will provide prior notice to the buyers of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions or other existing liabilities of EverythingNice.

 

​

To the maximum extent permitted by applicable law and subject to section 15.1 below we exclude all representations and warranties relating to the subject matter of these general terms and conditions our marketplace and the use of our marketplace.

​

15. Limitations and exclusions of liability

15.1. Nothing in these general terms and conditions will:

15.1.1. limit any liabilities in any way that is not permitted under applicable law; or

15.1.2. exclude any liabilities or statutory rights that may not be excluded under applicable law.

15.2. The limitations and exclusions of liability set out in this section 15 and elsewhere in these general terms and conditions:

15.2.1. are subject to section 15.1; and

15.2.2. govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions including liabilities arising in contract in tort (including negligence) and for breach of statutory duty except to the extent expressly provided otherwise in these general terms and conditions.

15.3. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever.

15.4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the marketplace shall constitute a separate contract for the purpose of this section 15.

15.5. Notwithstanding section 15.4 above we will not be liable to you for any loss or damage of any nature including in respect of:

15.5.1. any losses occasioned by any interruption or dysfunction to the website;

15.5.2. any losses arising out of any event or events beyond our reasonable control;

15.5.3. any business losses including (without limitation) loss of or damage to profits income revenue use production anticipated savings business contracts commercial opportunities or goodwill;

15.5.4. any loss or corruption of any data database or software; or

15.5.5. any special indirect or consequential loss or damage.

15.6. We accept that we have an interest in limiting the personal liability of our officers and employees and having regard to that interest you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the marketplace or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

​

16. Breaches of these general terms and conditions

16.1. If we permit the registration of an account on our marketplace it will remain open indefinitely subject to these general terms and conditions.

16.2. If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions or any EverythingNice codes policies or guidelines in any way we may:

16.2.1. temporarily suspend your access to our webspace;

16.2.2. permanently prohibit you from accessing our webspace;

16.2.3. block computers using your IP address from accessing our webspace;

16.2.4. contact any or all of your internet service providers and request that they block your access to our webspace;

16.2.5. suspend or delete your account on our webspace; and/or

16.2.6. commence legal action against you whether for breach of contract or otherwise.

16.3. Where we suspend, prohibit or block your access to our webspaceor a part of our webspaceyou must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

​

​

17. Variation

17.1. We may revise these general terms and conditions, the seller terms and conditions and the EverythingNice codes policies and guidelines from time to time.

17.2. The revised general terms and conditions shall apply from the date of publication on the marketplace.

​

18. No waiver

18.1. No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

​

19. Severability

19.1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable the other provisions will continue in effect.

19.2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted and the rest of the provision will continue in effect.

​

20. Assignment

20.1. You hereby agree that we may assign transfer sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

20.2. You may not without our prior written consent assign transfer sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

20.3. The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.

​

​

21. Law and jurisdiction

21.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

21.2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

​

22. Our company details and notices

22.1. You can contact us by using the contact details listed in Appendix 1.

22.2. You consent to receive notices electronically from us. We may provide all communications and information related to your use of the marketplace in electronic format either by posting to our website or application or by email to the email address on your account. All such communications will be deemed to be notices in writing and received by and properly given to you.

 

​

23. Appendix 1

Website: www.everythingnice.shop

EverythingNice Company Name: EverythingNice Ventures

EverythingNice Company Number: +234 913 533 8082

EverythingNice Company Registered Address: Shop A Wuse Market, Plaza. Abuja.

Phone Number: +234 913 533 8082

Email Address For Legal Notices: davonigroup@gmail.com

​

​