(Effective Date: 20 February 2023)
1. Definitions
1.1 “Buyer” means the individual or organisation who buys or agrees to buy books and other related merchandise from the Seller;
1.2 “Consumer” shall have the meaning ascribed under the Interpretation section of the Federal Competition and Consumer Protection Act 2018;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale of books and other related merchandise incorporating these Terms and Conditions;
1.4 “Goods” means the books, articles, and other related merchandise that the Buyer agrees to buy from the Seller under this Terms and Condition;
1.5 “Services” the goods and products that the Buyer agrees to buy from the Seller under this Terms and Conditio;
1.6 “Seller” means Stephen I. Azubuike who owns and operates stephensbooks.net
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2. Background
These Terms of Use is a legal agreement (this “Agreement”) between you (“user,” “you” or “your”) and this website and any other website, application, or other online service that links to these Terms of Use, including author websites and online services, however accessed and/or used, that are operated or otherwise made available by Stephen I. Azubuike, owner and operator of stephensbooks.net (“Site”, “we,” “our”, or “us”). We may offer the Services by exclusively integrating third-party platforms or websites. These third-party platforms or websites might have their own terms of service and Privacy Notices.
3. Stephen’s Books Services
With Stephen’s Books, you enjoy all the books, articles and other related products (the “Services”) on the Site.
4. Privacy Notice
Whenever you use our Services, you consent to the collection, storage, transfer, and use of your information as described in this Privacy Notice. The Privacy Notice is incorporated into these Terms, and by using the Services, you agree to the Privacy Notice and consent to the processing of any personal data described in the Privacy Notice and you warrant that all data that you provide to us is accurate.
5. Amendment of Terms
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms of use at any time. Please check these Terms of Use periodically for changes. Your continued use of the sites following the posting of changes to these Terms of Use will mean you accept those changes. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Site.
6. Conditions
6.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
6.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
6.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
6.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
7. Ordering
7.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
7.2 Where the Goods ordered by the Buyer are not available from stock, the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days where Buyer has been made payment upfront.
7.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described within the website.
8. Price and Payment
8.1 The Price of the Goods shall be that stipulated on the Seller’s Website. The Price may include delivery charges.
8.2 The total purchase price, and delivery charges, if any, will be displayed in the Buyer’s shopping cart before confirming the order.
8.3 Payment of the price and delivery charges must be made in full before dispatch of the Goods.
8.4 You agree and accept all charges or fees applicable to all transactions conducted on this Site. We reserve the right to make changes to the charges or fees at any time on the website. Changes in charges or fees will be updated on the website.
9. Rights of Seller
9.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
9.2 The Seller reserves the right to withdraw any goods from the Website at any time.
9.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
10. Warranty
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
11. Delivery
11.1 Goods supplied within Lagos Nigeria will normally be delivered within 3 working days of acceptance of order.
11.2 Goods supplied outside Lagos to other States in Nigeria are at the choice of the Buyer. Delivery times cannot be guaranteed and the payment of any other charges are the sole responsibility of the Buyer.
11.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
11.4 The Seller shall use its reasonable endeavors to meet any date agreed for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
11.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
11.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
12. Cancelation and Return
12.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by email at stephensbooks.net@gmail.com within 7 working days of delivery if the Goods are damaged. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Goods.
12.2 Where a claim of defect or damage is made, the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a refund of the purchase price upon necessary confirmations that the Goods were damaged or defective before being dispatched to the Buyer for delivery.
13. Third-party Websites and Links
This Site contains links to other websites controlled by third parties (‘Linked Services”). Linked Services are not under our control and we are not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by us. We do not investigate, verify, or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk. If you decide to use these third party services, you will be responsible for reviewing and understanding the terms and conditions associated with them.
14. User Account Registration and Security
14.1. If you choose to register as a member under this Site, you will be required to create a User Account with us. You are responsible for the software, device, and other hardware, Internet service, and mobile data service (and all associated fees) that you need to access and use the Services. By opening an account with us, you expressly warrant and represent that:(a) You are of legal age or over and have full capacity to accept the Terms and enter any transaction available on this Site; (b) You are responsible for all use of your account, including your login credentials (i.e. username and password) and activation codes and passwords; (c) You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Site.
14.2. You agree you will maintain your account information to ensure that it is always current, complete, and accurate. If you provide untrue, incomplete, misleading, or inaccurate information, you understand that we have the right to terminate your account and use of the Services.
15. Limitation of Liability
15.1 Subject to the maximum extent permitted by Applicable Law, in no event shall we, our subsidiaries, affiliates, our officers, directors, agents, joint ventures, employees, or suppliers be liable any claim, application, loss, injury, delay, accident, cost, lost of profits or any special, incidental, or consequential damages (including without limitation damages for loss of data or loss of business whether resulting from hacking, tampering, or other unauthorized access or use of the Service or your account or the information contained therein), business interruption costs, any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), or for any direct, indirect, incidental, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, computer failure or malfunction, data or other intangible losses that may result from the use of, inability to use, unavailability of the Service, or use of or inability to use third-party products, any amount in excess of the amount paid by you for the product that gives rise to any claim, or any and all other commercial losses directly or indirectly arising out of or related to: these Terms of Service; the Services, and your use of any of them; the Site, and your use of it.
15.2. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or were advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
15.3. To the fullest extent permissible by Applicable Law, you hereby agree to release us from liability for any and all Losses, and you shall indemnify and save and hold the associates harmless from and against all losses. The foregoing limitations of liability shall apply whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, violation of law or regulation, or any other basis, even if we have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
15.4. In the event that you have a dispute with one or more other users of the Sites, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
16. Termination
16.1 We have the right, at our discretion and without liability to you, with or without prior notice or with or without your consent, temporarily terminate or permanently terminate your access to all parts or any part of our services. In cases of violation of our Terms of Service. We reserve the right to remedy such violations in accordance with law and in equity, including without limitation, the right to restrict, suspend, or terminate your account or deny you access to the Services without notice; and whenever the need to cooperate with law enforcement regarding enquiries or need to comply with law arises, We shall be entitled to disclose information including, but not limited to, your user identity, and personal details.
17. Dispute Resolution
17.1 Contact us first. If a dispute arises between you and us, our goal is to learn about and address your concerns. You may submit reports to stephensbooks.net@gmail.com at any time.
17.2. Any unresolved dispute shall be settled by mediation at the Lagos Multi Door Courthouse.
Miscellaneous
18. Limitation of Liability
18..1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
19. Waiver
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
20. Force Majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of god, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
21. Severance
Should any provision of this agreement be found to be illegal or unenforceable, the other provisions will nevertheless remain effective and will remain enforceable to the greatest extent permitted by law.
22. Amendment
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
23. Entire Agreement: These Terms constitute the entire Agreement and understanding between you and us with respect to their subject matter and supersede any and all earlier discussions, agreements, and understandings of any kind between you and us (including but not limited to any earlier versions of these Terms)
24. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written approval. You give us approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of our assets, business, or equity; or (iii) a successor by merger.
25. Headings: Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
26. Governing Law
Governing Law: These terms and conditions are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and Lagos State in particular, and you irrevocably submit to the exclusive jurisdiction of the courts in Lagos State. Any dispute arising shall be resolved by mediation at the Lagos Multi-Door Courthouse.
