General Terms & Conditions

General Terms and Conditions of Using Latalata Online Shop

 

1.  Scope of Terms

1.1  These terms and conditions of use are the terms and conditions on which we supply products to you, whether such products are goods, services or digital content.

1.2  Please read these terms carefully before you submit your order to us. These terms explain who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

2.  Information About Us

2.1  We are LATALATA AND KISHERS LIMITED a company registered under the laws of Nigeria with registration number RC 1291414, and business address at 1 Adegbeyemi street, Off Allen Avenue, Ikeja, Lagos, Nigeria.

2.2  You can contact on our customer service number 07025003511 or by writing to us at help@latalata.ng

2.3  If we have to contact you we will do so by telephone, or other digital means, or by writing to you at the email address or postal address you provided to us in your order.

2.4  "Writing" includes emails and other digital means. When we use the words "writing" or "written" in these terms, this includes emails and other digital means.

2.5  “Products” includes goods, services, digital content which are subject of transactions conducted on our website.

2.6  ‘You’ shall mean any natural or legal person who has accessed the website to use and conduct transaction on the website and have provided data for the purpose of registration as a user

 

3.  Our Contract with You

3.1  Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3  We will assign an order number to your order and will provide same to you when we accept your order. You shall be required to provide us the order number whenever you contact us about your order.

3.4  Our website is solely for the sale and promotion of our products in Nigeria. We do not accept orders to be delivered to addresses outside Nigeria.

 

4.  Products

4.1  The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, descriptions, dimensions and measurements indicated on our website have some level of tolerance.

4.2  The packaging of the product may vary from that shown in images on our website.

4.3  If the product is measurement specific, when you have selected your choice, you are responsible for ensuring that these measurements are correct. You can find information and tips on the product on our website or by contacting us.

4.4  Being a marketplace, products displayed on our website are listed by various sellers. Consequently, upon the buyer’s confirmation of purchase via the marketplace, a contract for the sale and purchase of a product or products will come into force between the buyer and seller. You also commit to buying or selling the relevant product or products.

4.5  The seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

 

5.  Your Rights to Make Changes

If you wish to make a change to the product you have ordered, you are required to contact us to discuss the possibility of changing the product. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).

 

6.  Our Rights to Make Changes

6.1  We may change the product:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement technical adjustments and improvements.

6.2  In addition, we may make the following changes to the website or these terms and conditions without giving you notice. You are required to check these terms and conditions periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes

6.3  Updates to digital content: We may without notifying you or seeking your consent update the digital content of our website. You shall be bound by any new content or terms of use of the website. You are required to read these terms and conditions each time you are buying a product or assessing the website. 

 

7.  Delivery of the Products

7.1  Delivery or Shipping cost: The costs of delivery will be as displayed to you on our website.

7.2  During the order process we will let you know when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract or:

(a)  If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date or to agree a delivery date, which will be within 30 days after the day on which we accept your order.

(b)  If the products are one-off services, we will begin the services on the date set out in the order or on the date we accept your order or on the date communicated to you during the order process. The estimated completion date for the services is as communicated to you during the order process.

(c)  If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.

(d)  If the products are ongoing services or a subscription to receive goods or digital content, we will supply the services, goods or digital content to you until either the services are completed or the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.3  We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by you, but if there is a risk of delay due any event which you are aware of our any event within your control, you shall contact us to agree on an alternative date.

7.4  If you have opted to collect the products from our premises, you can collect them from us at any time during our working hours of 8a.m to 5p.m on weekdays (excluding public holidays, Saturdays and Sundays)

7.5  If you are not available when the product is delivered or if no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will send you a message informing you of how to collect the products from a our premises or any other local  depot.

7.6  If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not collect them from our premises or a delivery depot we will charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7  If you do not allow us access to your property to deliver the products, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.

7.8  Any product ordered will be your responsibilities from the time we deliver the product to the address you gave us or you or a carrier organized by you collect it from us.

7.9  Your ownership of any ordered product takes effect once we have received payment in full.

7.10  We may need certain information from you so that we can complete the sale and supply the products to you. Such information may include, your address and other personal data. The information request will be prompted on our website. If you do not provide us this information, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make a demand of a reasonable sum to compensate us for any extra cost or liability incurred as a result of such incomplete information or failure to provide information. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not providing us the information we need within a reasonable time.

7.11  We may have to suspend the supply of a product to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the product to reflect changes in relevant laws and regulatory requirements;

(c)  make changes to the product as requested by you or notified by us to you (see clause 6).

(d)  due to any unforeseen circumstances beyond our control.

7.12  We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.13  If you do not pay us for the products or services delivered on subscription basis, when you are supposed to (see clause 12.4) and you still do not make payment within 3 days of us reminding you that payment is due, we shall suspend supply of the products until you have paid us the outstanding amounts. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). As well as suspending the products we will also charge you interest on your overdue payments (see clause 12.5). 

 

8.  Your Rights to End the Contract

8.1  You may end your contract with us. Your rights when you end the contract will depend on the product you have bought, whether the product is faulty, the scheme under which your ordered the product, and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

8.2  If you are ending the contract for a reason set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any products which have not been delivered. The reasons being that:

(a)  we have told you about an upcoming change to the product which you do not agree to (see clause 6.2);

(b)  we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

8.3  Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid is for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, you shall contact us to let us know. Where it is possible, the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) ten percent of the price as compensation for the net costs we will incur as a result of your ending the contract or reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9.  How to End the Contract With Us

9.1  To end the contract with us, please let us know by doing one of the following: 

(a)  Phone or email: Call customer services on 07025003511 or email us at help@latalata.ng. Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2  If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them in accordance with our Return Policy. Please call customer services on 07025003511 or email us at help@latalata.ng for information and/or assistance.

 

10.  Our Rights to End the Contract

10.1  We shall be entitled to end the contract for a product at any time by writing to you if:

(a)  you do not make any payment to us when it is due and you still do not make payment within three days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d)  you do not, within a reasonable time, allow us access to your premises to supply the services; or

10.2  If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you ten percent of the price, as compensation for the net costs we will incur as a result of your breaching the contract.

10.3  We may contact to you to let you know that we are going to stop providing the product. We will let you know at least three days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

11.  Defective Product

11.1  We shall endeavor to supply products that are in conformity with this contract. If you have any questions or complaints about the product, you are required to contact us. You can call our customer service number 07025003511 or write to us at help@latalata.ng. Alternatively, please speak to one of our staff in-store.

11.2  If you wish to return the products you must do so in accordance with our Return Policy.

 

12.  Price and Payment

12.1  The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. You shall use your best care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2  If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3  It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4  We accept payment by cash on delivery and electronic payments. When you must pay depends on what product you are buying:

(a)  For goods, you may pay for the products before we dispatch them or chose to pay on delivery.

(b)  For digital content, you must pay for the products before you download them.

(c)  For services, you must make an advance payment of 70% of the price of the services, before we start providing them. We will invoice you for the balance of the price of the services when we have completed them. You must pay each invoice within two calendar days after the date of the invoice.

12.5  If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Central Bank of Nigeria from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.6  If you think an invoice is wrong, you shall contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

 

13. Our Responsibility for Loss or Damage Suffered by You

13.1  If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2  If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have been avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us or the product manufacturer(s).

13.3  We only supply the products for private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or be liable to you in relation to any third-party claims.

 

14.  Registration, Account and Use of Your Personal Information

14.1  You may register for an account with our marketplace by providing an email address/ user ID and password. This account is exclusive to you and is not transferrable to any other party. This information is confidential and you hold the responsibility to keep it/them safe and confidential. You shall contact us immediately where you observe that there may have been a disclosure.

14.2  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. 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.

14.3  We will use the personal information you provide to us:

(a)  to supply the products to you;

(b)  to process your payment for the products; and

(c)  if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

14.4  Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

14.5  We will only give your personal information to other third parties where the law either requires or allows us to do so.

14.6  You may cancel your account on our marketplace by contacting us

15.  Rules About Your Content

15.1  In these general terms and conditions, "content" means:

(a)  All works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and

(b)  All communications on the marketplace, including product reviews, feedback and comments.

15.2  Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:

(a)  Be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

(b)  Depict violence in an explicit, graphic or gratuitous manner; or

(c)  Be blasphemous, in breach of racial or religious hatred or discrimination legislation;

(d)  Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

(e)  Cause annoyance, inconvenience or needless anxiety to any person; or

(f)  Constitute spam. 

15.3  Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

(a)  Any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

(b)  Any right of confidence, right of privacy or right under data protection legislation;

(c)  Any contractual obligation owed to any person; or

(d)  Any court order.

15.4  You must not use our marketplace to link to any website or web page consisting of or containing material that would, were it posted on our marketplace, breach the provisions of these general terms and conditions.

15.5  You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

15.6  The review function on the marketplace 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.

15.7  You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.

15.8  You acknowledge that all users of the marketplace 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 bank/ credit card details.

15.9  We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

15.10  If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 2.

16.  Our Rights to Use Your Content

16.1  You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.

16.2  You grant to us the right to sub-license the rights licensed under section 16.1.

16.3  You grant to us the right to bring an action for infringement of the rights licensed under section 16.1.

16.4  You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

16.5  Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

17.  Latalata’s Role as a Marketplace

17.1  You acknowledge that:

(a) We do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;

(b)  We do not check, audit or monitor all information contained in listings;

(c)  We are not party to any contract for the sale or purchase of products advertised on the marketplace;

(d)  We are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;

(e)  We are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

17.2  We do not warrant or represent:

(a)  The completeness or accuracy of the information published on our marketplace;

(b)  That the material on the marketplace is up to date;

(c)  That the marketplace will operate without fault; or

(d)  That the marketplace or any service on the marketplace will remain available.

17.3  We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, 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 marketplace services, or if we stop publishing the marketplace.

17.4  We do not guarantee any commercial results concerning the use of the marketplace.

17.5  To the maximum extent permitted by applicable law and subject to section 18.1 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.

 

18.  Limitations and Exclusions of Liability

18.1  Nothing in these general terms and conditions will:

(a)  Limit any liabilities in any way that is not permitted under applicable law; or

(b)  Exclude any liabilities or statutory rights that may not be excluded under applicable law.

18.2  The limitations and exclusions of liability set out in this section 13 and elsewhere in these general terms and conditions:

(a) Are subject to section 18.1; and

(b) 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.

18.3  In respect of the services offered to you free of charge or those to which you chose to pay when delivered, we will not be liable to you for any loss or damage of any nature whatsoever.

18.4  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 18.4.

18.5  Notwithstanding section 18.4 above, we will not be liable to you for any loss or damage of any nature, including in respect of:

(a)  Any losses occasioned by any interruption or dysfunction to the website;

(b)  Any losses arising out of any event or events beyond our reasonable control;

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

(d)  Any loss or corruption of any data, database or software; or

(e)  Any special, indirect or consequential loss or damage.

18.6  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).

18.7  Our marketplace includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

19.  Other Important Terms

19.1  These terms and conditions is an electronic record for the purpose of the National Information Technology Development Agency Act, 2007 and any other relevant Nigerian law. This contract is generated by computer system and does not require physical or electronic signature.

19.2  The terms and conditions contained in this contract governs your use of LATALATA AND KISHERS LIMITED’s website www.latalata.ng including transactions conducted on the website.

19.3  All applicable laws relating the capacity of infants and/or minors to enter into contract shall apply to this contract. Infants and/or minors do not have capacity to enter into these terms and conditions and shall not rely on them.

19.4  You shall be solely responsible for any content or message you post on the website. You shall not post any illegal, immoral, blasphemous, deceitful or offensive information on the website.

195  You shall always ensure that your use of the website does not breach any third party rights and as such you shall not breach any obligation to parties including any breach of intellectual property rights, any confidentiality obligations.

19.6  You shall at all times comply with these terms and condition. You shall not carry out or attempt to hack our website, carry any activities capable of undermining the website or disrupt the activities of other users of the website. We may transfer our rights and obligations under these terms and conditions to another organization. We will always inform you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

19.7  You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19.8  This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

19.9  Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

19.10  If we do not insist immediately that you carry out your obligations under these terms and conditions, or if we delay in taking steps against you in respect of your breaching this contract, that will not constitute a waiver of our rights or your obligations under these terms and conditions.

19.11  These terms and conditions are governed by Nigerian law and Nigerian courts shall have exclusive jurisdiction over any matter in connected to the products.

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