This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Product(s) (Product(s)) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Product(s) to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Product(s) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Product(s) from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Product(s), please check these Terms to ensure you understand the terms which will apply at that time. These Terms takes effect from 29 January 2023 and replace the previous Terms and Conditions.
These Terms and any Contract between us are only in the English language.
INFORMATION ABOUT US
1.1 We operate the website www.graceysmart.com
We are F.A Graceys and Co Ltd, a company registered in Nigeria under RC number 1138116 and with our registered office at Ground Floor Charter House, Anifalaje Bus stop, Akobo Road, Ibadan.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. This should be done by completing the form on our website and selecting the enquiry type ‘Cancellation’. A link to the website cancellation form will be included in our Order Confirmation. If you use this method, we will e-mail you to confirm we have received your cancellation. You can also e-mail us at support@graceysmart.com or contact our Customer Services team by telephone on 0700 882 9996. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0700 882 9996, by e-mailing us at support@graceysmart.com) If we have to contact you or give you notice in writing, we will do so by e-mail.
1.3 Contacting us if you are a business.
You may contact us by telephoning our customer service team at 0700 882 9996, by e-mailing us at info@graceysmart.com, or via our site. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 19.3.
OUR PRODUCT(S)
2.1 The images of the Product(s) on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Product(s). Your Product(s) may vary slightly from those images.
2.2 The packaging of the Product(s) may vary from that shown on images on our site.
USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
4.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
4.2 By providing your details to us on our site, you consent to us maintaining, recording, holding, and using the information you give us at the time of ordering to process your orders, to improve our service to you, and inform you of any promotions. All data is collected lawfully and maintained in accordance with the laws of the Federal Republic of Nigeria.
4.3 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our Authorised Carrier.
4.4 We will use information about you to make marketing offers via email and telephone-based on your Product(s) preferences from time to time.
4.5 If you opt-out from receiving our marketing communications or from approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions, and informational, non-marketing emails.
4.6 Phone calls received and made by us may be monitored or recorded for training and quality purposes. If you have any questions regarding our privacy policy, please email us at support@graceysmart.com
4.7 You acknowledge and agree to be bound by the terms of our privacy policy as set out in this clause 14.
IF YOU ARE A CONSUMER
Clause 5 only applies if you are a consumer.
5.1 If you are a consumer, we will not sell or deliver alcohol to anyone who is, or appears to be, under the age of 18.
5.2 If you are buying any Product(s) as a gift the recipient must also be over 18 years old.
5.3 We reserve the right not to deliver if we are unsure of your age or the age of the person receiving the Product(s).
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Product(s).
6.2 These Terms together with our current Privacy, Cookie, Returns and Cancellation Policy and website prices constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
7.2 After you place an order and make payment in full, you will receive an e-mail or phone call from us acknowledging that we have received your order and payment. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail Dispatch Confirmation. The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example, because that Product(s) is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 12.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount including any delivery costs charged as soon as possible.
OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Product(s) from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Product(s) or just the Product(s) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
Clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Product(s), you can notify us of your decision to cancel the Contract and receive a refund.
9.2 However, this cancellation right does not apply in the case of:
9.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract: End of the cancellation period
Product(s) that are not delivered in installments on separate days.
The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product(s) on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for:
Product(s) which are delivered in installments on separate days. The end date is 14 days after the day on which you receive the last installment of the Product(s) or the last of the separate Product(s) ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first installment of your Product(s) or the first of your separate Product(s) on 10 January and the last installment or last separate Product(s) on 15 January you may cancel in respect of all installments and any or all of the separate Product(s) at any time between 1 January and the end of the day on 29 January.
The regular delivery of a Product(s) over a set period. The end date is 14 days after the day on which you receive the first delivery of the Product(s). Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Product(s) to be delivered at regular intervals over a year and you receive the first delivery of your Product(s) on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Product(s) to arrive during the year.
9.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation.
9.5 If you cancel your Contract we will:
9.6 If you have returned the Product(s) to us under this clause 9 because they are faulty or misdescribed, we will refund the price of the Product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.7 We will refund you on the credit card, debit card, Paystack account used by you to pay. If you used vouchers to pay for the Product(s) we may refund you in vouchers.
9.8 If a Product(s) has been delivered to you before you decide to cancel your Contract:
9.9 Because you are a consumer, we are under a legal duty to supply Product(s) that are in conformity with this Contract. As a consumer, you have legal rights in relation to Product(s) that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms.
9.10 We are unable to accept or refund any products that have been engraved or personalized. We will only accept liability if engraved or personalized messages are incorrectly applied or products are damaged.
DELIVERY
10.1 We will contact you with an estimated delivery date which will be within 30 days of confirmation of order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
10.2 In the event you order Product(s) from us and we have agreed with you by email or telephone of a specific delivery time or date, if you are then not available to accept the Product(s) at the agreed time and date we will not be liable for any re-delivery charges to deliver the Product(s) to you.
10.3 We or our authorized carrier may send you an email or SMS notification to advise you of an estimated delivery time prior to delivery.
10.4 We or our authorized carrier will not be held liable for any loss or damage suffered by you if you give instructions for us to leave your Product(s) outside your house or outside any other address provided by you and the Product(s) get lost or stolen.
10.5 If no one is available at your address to take delivery, our authorized carrier will leave you with a note advising you of where to collect the Product(s).
10.6 Delivery of an Order shall be completed when we or our authorized carrier deliver the Product(s) to the address you gave us or when you collect the Product(s) from the place our authorized carrier has notified you of. From this time the Product(s) will be your responsibility.
10.7 You own the Product(s) once we have received payment in full, including all applicable delivery charges.
This clause 10.7 only applies if you are a consumer.
10.8 If we miss the 30-day delivery deadline for any Product(s) then you may cancel your Order straight away if any of the following apply:
10.9 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.8, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.10 If you do choose to cancel your Order for late delivery under clause 10.8 or clause 10.9, you can do so for just some of the Product(s) or all of them, unless splitting them up would significantly reduce their value. If the Product(s) have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Product(s) and their delivery.
PRICE OF PRODUCT(S) AND DELIVERY CHARGES
11.1 The prices of the Product(s) will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Product(s) are correct at the time when the relevant information was entered onto the system. However please see clause 12.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Prices for our Product(s) may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product(s) includes VAT (where applicable) at the applicable current rate chargeable in Nigeria for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Product(s) in full before the change in VAT takes effect.
11.4 The price of a Product(s) does not include delivery charges. Our delivery charges are as advised to you during the check-out process before you confirm your order.
11.5 Our site contains a wide range of Product(s). It is always possible that, despite our reasonable efforts, some of the Product(s) on our site may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you by e-mail or telephone to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
11.6 We reserve the right to terminate any special offer or promotion at any time, without notice. All giveaway, value-added and promotional items are only available whilst stocks last and carry a value of N0.00.
HOW TO PAY
12.1 You can pay for Product(s) using the electronic payment methods set out on the check-out page including but not limited to Direct Bank Transfer, Paystack, and Payments by VISA QR, Debit Cards, or Credit Cards.
12.2 Payments by an electronic method for the Product(s) are charged when you complete the check-out process and are directed to the order success page on our site.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 14 only applies if you are a business customer.
13.1 We only supply the Product(s) for internal use by your business.
13.2 Nothing in these Terms limits or excludes our liabilit#y for:
13.3 Nothing in these Terms limits or excludes our liabilit#y for:
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Product(s).
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Product(s). Any representation, condition, or warranty which might be implied or incorporated into these Terms by statute, common law, or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product(s) are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If the Product(s) 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 in writing at our contact address of the problem within 5 working days of the delivery to you of the Product(s) in question. We may ask you for evidence of the damaged or defective Product(s).
14.2 If you do not receive Product(s) ordered by you within 15 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address within 5 days of the date on which you ordered the Product(s).
14.3 If you notify a problem to us under condition 14.2, our only obligation will be, at your option
14.4 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 Product(s) in question under clause 9 of these terms and conditions.
14.5 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
14.6 We do not in any way exclude or limit our liability for:
14.7 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import, or other permits to purchase Product(s) from our site. The importation or exportation of certain of our Product(s) 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 Product(s) you purchase.
14.8 We only supply the Product(s) for domestic and private use. You agree not to use the Product(s) for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.9 Customers should also be aware of the following inherent risks and warnings relating to the Product(s):
14.10 Notwithstanding the foregoing, 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 that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Product(s) you have already received and we will refund the price you have paid, including any delivery charges.
DATA PROTECTION AND PRIVACY
16.1 By providing your details to us on our website, you consent to us maintaining, recording, holding, and using the information you give us at the time of ordering to process your orders, to improve our service to you, and inform you of any promotions.
16.2 We take your privacy very seriously and will not pass your details to any third party without your permission, other than where we have to do so to get your Product(s) to you, e.g. our delivery company.
16.3 We will use information about you to make marketing offers via email, telephone, and mail based on your Product(s) preferences from time to time.
16.4 If you opt-out from hearing from us or approved third parties, you will only be contacted by us regarding service issues including, but not exclusively, order confirmation and delivery confirmation, significant changes to terms and conditions, and informational, non-marketing emails.
16.5 Phone calls to and from us may be monitored or recorded for training and quality purposes. If you have any questions regarding our privacy policy, please email us at support@graceysmart.com
16.6 You acknowledge and agree to be bound by the terms of our privacy policy as set out in this clause 16.
ACCOUNT AND DATA DELETION
17.1 If you need to delete your account at any time, Login via Web App (https://graceysmart.com/user-account) or email us at support@graceysmart.com
ACCOUNT AND DATA DELETION AS A VENDOR
18.1 If you need to delete your account at any time,
18.2 Kindly ensure that all available funds in your wallet have been processed.
18.3 Ensure that there are no pending orders in your dashbord.
18.4 Also note that you have to delete all products from your shop account, However, it can be done from our end.
18.5 Ensure to Login via Web App (https://graceysmart.com/seller/auth/login) and send a message to the Admin via the support message platform or email us at support@graceysmart.com
SECURITY
19.1 We use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database, and access to this database is restricted internally.
19.2 It is your responsibility to protect your username and password information from being disclosed to any third party.
COMMUNICATIONS BETWEEN US
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer you may contact us as described in clause 1.2.
20.3 If you are a business:
OTHER IMPORTANT TERMS
21.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
21.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.5 If you are a consumer, please note that these Terms are governed by Nigerian law. This means a Contract for the purchase of Product(s) through our site and any dispute or claim arising out of or in connection with it will be governed by Nigerian law. You and we both agree to that the courts of Nigeria will have non-exclusive jurisdiction.
21.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
21.7 If you are a business, we both irrevocably agree that the courts of the Federal Republic of Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).