TERMS & CONDITIONS
1. IN GENERAL
Access to and use of this Website and the products and services available through this Website (collectively, the Services) are subject to the following terms, conditions and notices (the Terms of Service). By using the Services, you are agreeing to all of the Terms of Service (TOS), as may be updated by us from time to time. We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of or this entire Website.
We reserve the right to only accept orders from those over 18 however.
When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following firstname.lastname@example.org provided on our site. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify BeSaz Boutique immediately of any breach of security or unauthorized use of your account. Our contact details are available on the about us page.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as spam; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence. BeSaz Boutique will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
5. NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
6. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content made available to you on or through this Website remains the property of BeSaz Boutique and its licensors, and are protected by copyright laws and treaties around the world. All such rights are reserved by BeSaz Boutique and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by BeSaz Boutique or its licensors.
7. YOUR ACTIVITY
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
8. TERMS OF SALE
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are currently limited to Nigeria and Ghana only and subject to any delays resulting from unforeseen logistics delays or force majeure for which we will not be responsible.
In order to contract with BeSaz Boutique you must be over 18 years of age. BeSaz Boutique retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be BeSaz Boutique or may in some cases be a third party. Where a contract is made with a third party BeSaz Boutique is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
BeSaz Boutique offers products for sale that are in stock and available for dispatch from our store or warehouse. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once designer stock has been delivered to BeSaz Boutique. BeSaz Boutique will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at BeSaz Boutique. Alternatively; you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
Unless you cancel your order, acceptance of your order and completion of the contract between you and BeSaz Boutique will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Nigeria or Ghana and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to locate your payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
9. OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
10. PRICING AND AVAILABILITY
Prices shown on the Site are in Nigerian Naira and can also be viewed in US Dollars and Ghana Cedis, and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated on the Site.
All prices and offers remain valid as advertised from time to time. The price of a product in the selected currency displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from another country may incur relevant import duty and tax. These costs are included in the final purchase price. Import duty or tax costs will be invoiced to you directly from the courier or from an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
Whilst we try and ensure that all details, descriptions and prices, which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods, which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT at the rate appropriate to the country of receipt. VAT is not included in our prices for customers outside of Nigeria. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
We offer “Cash on Delivery” to all customers within Lagos, whereby payment must be received once our customers receive their goods.
We also offer a "Pay at Bank" option for all customers to pay at any Fidelity branch nationwide using your name and product code(s) as reference. besazboutique.com account details are below;
Fidelity Bank Plc
Account Number: 4010670539
See more details on this option in our FAQs.
12. RETURNS AND EXCHANGES
Please refer to our FAQs for the Returns and exchange policy for further information.
Items should be returned unused and unmarked within 2 BUSINESS DAYS with all garment tags still securely attached. Returns that are scratched, damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags must be included with your return. Please email our customer care if any of your purchases have been delivered without tags.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. To get this please contact our customer care center to request a return and we will email it to you. Unidentified returns may be returned to the sender.
All shoes should be tried on a carpeted surface before wear.
Unfortunately we do not accept returns for earrings.
Lingerie & Swimwear
Unfortunately we do not accept returns for briefs, lingerie and swimwear.
Goods are faulty if they are received damaged or where a manufacturing fault is apparent at time of delivery. Items that are damaged as a result of normal wear and tear are not considered to be faulty. Faulty items are exchanged with a replacement identical item or store credit. Please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
We have made every effort to display as accurately as possible the colors of our products that appear on besazboutique.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.
Collections Service on Returns
The address to send all returned items to is:BeSaz BoutiqueSuite G-11VGC Shopping MallRoad 2, Victoria Garden CityLekki-Epe Expressway, Lagos, Nigeria
For our customers in Ghana, a customer service representative will contact you to arrange collection on returns.
Please note that we aim to dispatch all Lagos delivery orders either on the same day or within the next business day if ordered before 2PM, or 2 business days if orders are placed after 2PM.
All orders for delivery outside Lagos will be delivered in 2-3 business days depending on exact location.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. BeSaz Boutique is not responsible for any delays caused by destination customs clearance processes.
14. DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BeSaz Boutique and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
We are not responsible for losses not caused by our breach or negligence, Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
If we do not deliver or if the Products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
A. Make good any shortage or non-delivery or incorrect delivery; or
B. Replace or repair any Products that are damaged or defective; or
C. Refund to you the amount paid by you for the Products in question.
D. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
E. Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
F. Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
G. Nothing in this contract shall exclude or limit your statutory rights.
A person who is not a party to this Contract has no right under the Contracts.
15. GIFT COUPONS AND DISCOUNT CODES
1. Gift coupons are only valid for a limited time and the voucher must be used by the date shown on the voucher check your voucher to find out when to use it by.
2. We are afraid we cannot accept any responsibility for stolen or deleted gift vouchers.
3. We will dispatch your gift voucher either as soon as payment has been cleared or on your specified delivery date (if this is later). Unfortunately, we cannot be responsible for any delays, no matter how they are caused.
4. If you are the purchaser, please double check the delivery email address you enter, as it is your responsibility to do so and we’re afraid we cannot be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect.
In addition, we cannot take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.
5. From time to time, gift vouchers may get caught in spam filters, and its up to the recipient to check these filters. We cannot take responsibility if a gift voucher cannot be delivered to the recipients email address because of spam filters, firewalls, the capacity of the recipients’ mailbox or any other factors outside of our control.
6. If you need a refund, this will be made in the same way as the original payment method (such as onto a gift voucher, payment to your bank account, or a combination of the two).
7. Also note that we reserve the right to vary these terms and conditions.
Discount Code Terms and Conditions
This offer entitles you to an extra percentage off your next online order from www.besazboutique.com. To claim your discount, enter promotion code where prompted on the checkout page.
This promotion code can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remains our property, is not transferable and is not valid for the purchase of gift cards or gift vouchers. There is no cash alternative.
Further conditions of use relating to any discount code will be specified at the time of issue.
16. THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than BeSaz Boutique, including advertisers. BeSaz Boutique has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
17. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
18. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with BeSaz Boutique and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to BeSaz Boutique.
You agree to indemnify, defend and hold harmless BeSaz Boutique, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
BeSaz Boutique shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
21. YOUR RIGHTS
You have certain rights under the law. These include:
1.That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective
Nothing in the TOS is intended to affect these rights.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
25. GOVERNING LAW AND JURISDICTION
These terms and conditions are to be construed in accordance with the laws of the Federal Republic of Nigeria and the Republic of Ghana. In the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Nigerian and Ghanaian courts.
26. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and besazboutique.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of besazboutique.com.