TERMS & CONDITIONS
Read these terms and conditions carefully before using this site This website, https://www.fclifestylehair.com, (the “Site”) is owned and managed by FC Lifestyle ltd, a Canadian Limited Liability Company (“FClifestyle” “we” “us”). The following Terms and Conditions apply when a User accesses and uses this Site.
1. Use of this Site and Acceptance
This Site is provided to you free of charge for your personal use subject to these Terms.
By accessing the Site, the user who intends to order/has ordered our hair products (“you” “User” “Customer”) is deemed to have accepted the following Terms and Conditions of this Agreement (collectively, the “Agreement”) in their entirety. You agree to be bound by these website Terms and Conditions of Use, all applicable laws and regulations. If you are using the site on behalf of a Company, you represent you have the required authority to bind the Company to these Terms and Conditions. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree to any of these Terms you must stop using the Site. All orders and purchases made on this Site will also be governed by these Terms and will be between you and FCLifestyle.
THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS
2. Use of Site
You need not register with the site to make a request for information or view the product information page and access fully other features of the site, and place an order through this site. You must be 18 years of age or older. If you are a Distributor or a Retailer, you can stock and resell the products after entering into a separate Distributor/Reseller Agreement with FC lifestyle ltd.
3. Products and Prices
The Product page of the site provides information about the various organic and natural hair care products. If, by mistake, the price of an item is not updated on the Site, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in US dollars and are expressed inclusive of export Duty but exclude any local taxes and customs duty/fees that may be payable.
4. Availability
If there is a problem with your order in terms of the availability of the products or our ability to deliver a particular item, we shall contact you by telephone or notify you through email as soon as reasonably practicable.
If the products that you ordered are not available, we reserve the right to substitute products of a similar specification and quality.
5. Acceptance
There will be no contract of any kind between you and us unless and until we actually dispatch the products to you. At any point up until then, we may decline to supply the products to you without giving any reason. By dispatching the products (and not before), a contract is established between you and us. If we decline to supply products and payment has already been taken from you, we shall refund the payment received by us, within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
6. Delivery and Acceptance
Delivery will be made to the address specified by you on the completed order form. Once the Product is delivered to you, it will be held at your risk and we will not be liable for its loss or damage. All deliveries are by third party carriers. If you are not able to take delivery of the products, depending on the carrier used, your products will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the products to your address. Any storage charges will be charged to you. Once the products are delivered to you, you have 7 working days to inspect the products. If you do not inspect the products within 7 days and the products are damaged, or we shipped you the wrong product, etc, you will not be eligible for replacement. We shall use our best endeavor to secure delivery within 30 days of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
If you order items with different availability dates, we will hold all the items until the last item is delivered. You may however choose to have each item delivered separately and we reserve the right to charge you a delivery charge each time. If our couriers cannot deliver the products, you will be contacted by both us and the couriers to arrange a re-delivery or pick up. If you do not respond and the items are returned to us, you may be subject to a charge. If the items need re-delivering there will also be a re-delivery charge.
7. Cancellation
You have the right to cancel your order any time after placing the order and return the products within 7 days after the day following the delivery by contacting us and sending an email to info@fclifestylehair.com. If the products have already been dispatched at the date of receipt of your cancellation of the order you must return the products to us in accordance with paragraph 8 below and we will refund the amount paid by you within 30 days beginning with the day on which notice of cancellation was given and after the returned products are received by us.
If you do not return the products or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have accepted the products. This does not affect your statutory rights.
8. Damaged products / Returns
If you want to return products for any reason, this should be done within 7 days from the date of delivery. In all cases you first must contact us (info@fclifestylehair.com) before you arrange the return of the article, to get approval for this. Please add the order number in your email. Please note that we cannot process the credit without this approval. We cannot be responsible for returned products that we have not received. We therefore advise you to send the package insured, and ask for proof of delivery. Where products, which have no product fault, are returned, you will be refunded after inspection, if the products are returned in the original packaging and are in exactly the same condition as how you received them from us. You will not be refunded for shipping costs in either direction.
If you receive products that do not match your order, please e-mail us with the invoice number, a brief description of the problem and 2 clear photos of suitable size via email to info@fclifestylehair.com. We will then, if desired, send a replacement item. We are responsible for the return costs of the incorrect products. If you receive products that are defective (manufacturing error) or damaged during shipping, please e-mail us with a brief description of the problem and 2 clear photos of suitable size. We may ask you to destroy the defective / damaged products.
In all Cancellation/Return/Refund cases, you should contact us via email to info@fclifestylehair.com.
9. Payment
You can purchase the selected products through this site. All purchase payments are to be made upfront. You can pay by adding them to the shopping cart powered by Wix.
10. Intellectual Property
The content of this Site and the Blog are protected by copyright, trademarks and other intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network); or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without written permission from us.
No license is granted to you in these Terms to use any logo or trademark of FC Lifestyle ltd.
11. Warranty
We offer a specified warranty for the products sold by us. The Warranty period starts from the date on your invoice. There will be no exceptions.
Within your warranty, we offer a warranty on manufacturing defects and damages. Once the products are delivered to your home or intimation regarding arrival of the product at the destination is given, you have 7 days from the day of delivery to inspect any damage to the products. Any damage reported after 7 days from the day of delivery will not be covered by our Guarantee. This warranty does not affect your statutory rights. If any of the provisions above are contrary to any relevant legislation, then that provision shall be deemed to be excluded from the warranty and the rest of the provision(s) will apply.
12. Disclaimer
Except the warranty provided herein, FC Lifestyle ltd does not provide any other express or implied warranty of any kind including warranties of merchantability, or non-infringement of intellectual property. In no event shall FC Lifestyle ltd be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the products purchased from us.
You are advised that Content may include some inaccuracies, discrepancies in the charts/information provided, or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. The content provided is subject to changes with time and may not be up to current date as products may undergo improvements.
13. Liability
If the products we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us via email to info@fclifestylehair.com of the problem within 7 working days of the delivery of the products in question. If you do not receive products ordered by you within 30 days of the original delivery date-indicated, we shall have no liability to you unless you notify us via email (info@fclifestylehair.com) of the problem within 40 days of the date on which the products’ original delivery was scheduled. If you notify a problem to us under this condition, our only obligation will be, at your option:
To make good any shortage or non-delivery;
To replace any products that are damaged or defective; or
To refund to you the amount paid by you for the products in question in whatever way we choose.
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products in question.
The importation or exportation of certain of our products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights. To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Site/Service/Product. Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence or shall affect or exclude your statutory rights where it would be unlawful to do so.
14. Third-Party Websites
This Site includes links to other web sites or material which are beyond its control. FC Lifestyle ltd is not responsible for content on the Internet or World Wide Web pages, or any other site outside this Site. FC Lifestyle ltd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through this site or any hyperlinked site or featured in any banner or other advertising if any.
15. Privacy Policy
You acknowledge and agree to be bound by our privacy policy. You acknowledge and agree to be bound by our privacy policy. When we suspect a fraud /uncertainty about customer data, we retain the right to ask for proof of address and / or identity (utility bill / mobile phone bill / driving license etc.) Only then (if everything is as required) we can process and send your order. This does not affect your consumer rights and all received personal data will be destroyed if it is not required for any verification purpose later.
16. User Feedback
You can send your comments or reviews to us about the products purchased by you. The same will be posted on our website if found suitable.
17. General
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms. If you breach these Terms and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
FC Lifestyle ltd reserves the right to modify/revise these Terms & Conditions at any time without prior notice. A notification of the changes made may be displayed on the website. User is responsible for reviewing these Terms on each occasion that you revisit the site and if you place any order after changes are made to the Terms, you are deemed to have accepted them.
A person who is not a party to these Terms shall have no right to enforce any term of this document.
Accepting order for supply of products is subject to export control laws and regulations of the country from which the products are exported. You agree to comply with all such export laws and regulations.
Force Majeure: We or our Affiliates shall not be responsible for failure or delay in delivery of the product or performance caused on account of war, hostility or sabotage, act of God, electrical, internet or telecommunication outage, government restrictions, earthquake, storms or other elements of nature, blockages, embargoes, riots, or other events beyond our reasonable control. If such force majeure event continues for more than 30 days, either of us may cancel the order upon written notice. This section does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the products.
18. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Lagos, Nigeria without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of Nigeria, the laws, rules and regulations of Nigeria shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms. Customer hereby consents to personal jurisdiction of Federal/State Courts of Canada.
All disputes arising out of or in connection with these Terms and Conditions or the products supplied by us shall be finally settled by binding arbitration under the rules of Canadian Arbitration Act. The place of arbitration shall be the State of Ontario,Canada.