This page together with the documents referred to within it (“Terms and Conditions”) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website http://www.fexda.com . These Terms and Conditions do not cover the sale of our Products by third parties to you.
Please read these Terms and Conditions carefully and understand them before ordering any Products from the Websites. You should understand that by ordering any of our Products from the Websites, you accept these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any Products from the Websites. You may print a copy of these Terms and Conditions for future reference. We advise to do so at the time an order is made. We are under a legal duty to supply goods in conformity with these Terms and Conditions of sale.
OUR WEBSITE
1. We own or are licensed users of all intellectual property rights in our Websites and all material and content on our Websites. You may use this site and the materials and content on our Websites for personal, non-commercial use only. All other use or reproduction of our Websites or materials or content on our websites is strictly prohibited.
2. Our Websites are provided on an 'as is' and 'as available' basis without any representation made and we make no warranties of any kind, whether express or implied, in relation to our Websites. We make no warranty that our Websites will meet your requirements or will be uninterrupted, timely or error-free or that our Websites or the server that makes it available are free of viruses or bugs.
3. While we endeavour to ensure that our Websites are normally available 24 hours a day, we will not be liable if for any reason our Websites are unavailable at any time or for any period. Access to our Websites may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control as set out above.
PAYMENT AND PRICE
1. The price of the Product(s) will be as quoted on our Websites from time to time, except in cases of obvious error. Product prices include VAT at the prevailing rate. The price quoted on our Websites for Product(s) excludes delivery charges which are quoted separately on our Websites.
2. Product prices and delivery charges are subject to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
3. Our Websites contain a large number of Product(s) and it is always possible that, despite our best efforts, some of the Product(s) listed on our Websites may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Websites, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it. If the price of the Product(s) is obviously an error and could have reasonably been recognised by you as an error, we do not have to provide the Product(s) to you at the incorrect (lower) price.
4. Payment can be made using all major credit and debit cards. Payment will be taken at the time of purchase or shortly after. Other payment methods and credit facilities may be offered on the Websites for you to utilise to make your payment. These will have different terms and conditions that you will be asked to review and accept at the time you make payment.
5. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. Fexda.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
FEXDA is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.
All orders reported as "delivered" by shipping companies are considered delivered. FEXDA cannot be made liable of non-delivery in this case.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PERSONAL INFORMATION | USER ACCOUNT
Your submission of personal information through the store is governed by our Privacy Policy.
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, FEXDA reserves the right to suspend accounts without further notice.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics company. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The Product(s) will be your responsibility from the time of delivery.
We reserve the right to remotely disable the Product in certain circumstances including the following: (a) where you have reported the Product as lost or stolen; (b) where you have claimed a chargeback for your Product due to it not being delivered, or not being delivered as described; (c) where you have failed to provide us with a traded-in device which was promised to us as part of the purchase price.
PROHIBITION
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international or UK’s regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nigeria
CHANGES TO TERMS OF SERVICE
1. The informations stated here ( Terms & Condition, Shipping and Payment ) are subjected to change without notice . It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes
2. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Product(s)).