Toffyteesam Fashion Shop
121 Broad street beside Access Bank,
First floor, Lencarl's Mall, Lagos Island,
+234 814 070 0070
+234 809 553 2499
This document is an electronic record in terms of National Information Technology Development Agency Act, 2007 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2007. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Toffyteesam.com website www.Toffyteesam.com (hereinafter referred to as “Toffyteesam.com.”) and services and tools are governed by the following terms and conditions as applicable to Toffyteesam.com. If you transact on Toffyteesam.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Toffyteesam.com Online Shopping Limited, a company incorporated under Companies and Allied Matters Act, 2016 with registered office at Lagos, Nigeria and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Toffyteesam.com Website is available only to persons who can form legally binding contracts under Nigerian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Toffyteesam.com and shall not transact or use Toffyteesam.com website. As a minor if you wish to use or transact on Toffyteesam.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Toffyteesam.com. Toffyteesam.com reserves the right to terminate your membership and refuse to provide you with access to Toffyteesam.com if it is brought to Toffyteesam.com’s notice or if it is discovered that you are under the age of 18 years.
When You use the Website or send emails or other data, information or communication to Toffyteesam.com, You agree and understand that You are communicating with Toffyteesam.com through electronic records and You consent to receive communications via electronic records from Toffyteesam.com periodically and as and when required.
Toffyteesam.com may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on Toffyteesam.com is free. Toffyteesam.com does not charge any fee for browsing and buying on Toffyteesam.com. However Toffyteesam.com reserves the right to charge fee and change its policies from time to time. In particular, Toffyteesam.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Toffyteesam.com. In such an event Toffyteesam.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Toffyteesam.com. Unless otherwise stated, all fees shall be quoted in Nigerian Naira. You shall be solely responsible for compliance of all applicable laws including those in Nigeria for making payments to Toffyteesam.com.
You agree, undertake and confirm that your use of Toffyteesam.com shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You does not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
(c) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(h) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(l) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(m) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which Toffyteesam.com, in its sole discretion, believes is or could be construed as being illegal;
(p) interferes with another user’s use and enjoyment of Toffyteesam.com Website or any other individual’s user and enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) shall not be false, inaccurate or misleading;
(z) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(aa) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Toffyteesam.com reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Toffyteesam.com website, or any other systems or networks connected to Toffyteesam.com Website or to any Toffyteesam.com’s server, computer, network, or to any of the services offered on or through Toffyteesam.com Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Toffyteesam.com website or any network connected to Toffyteesam.com website nor breach the security or authentication measures on Toffyteesam.com website or any network connected to Toffyteesam.com Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Toffyteesam.com Website, or any other customer of Toffyteesam.com, including any Toffyteesam.com account not owned by you, to its source, or exploit Toffyteesam.com Website or any service or information made available or offered by or through Toffyteesam.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Toffyteesam.com Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Toffyteesam.com Website or Toffyteesam.com’s systems or networks, or any systems or networks connected to Toffyteesam.com. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Toffyteesam.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Solely to enable Toffyteesam.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Toffyteesam.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Toffyteesam.com, and that the recipient may use such information to harass or injure you. Toffyteesam.com does not approve of such unauthorized uses but by using the Toffyteesam.com Website you acknowledge and agree that Toffyteesam.com is not responsible for the use of any personal information that you publicly disclose or share with others on Toffyteesam.com. Please carefully select the type of information that you publicly disclose or share with others on Toffyteesam.com.
Toffyteesam.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Toffyteesam.com is owned, controlled or licensed by or to Toffyteesam.com, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Toffyteesam.com products and services purposely made available by Toffyteesam.com for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Toffyteesam.com does not take responsibility or liability for the actions, products, content and services on Toffyteesam.com website, which are linked to Affiliates and / or third party websites using Toffyteesam.com APIs or otherwise. In addition, Toffyteesam.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Toffyteesam.com assumes no responsibility for examining or evaluating the products and services offered by them, and Toffyteesam.com does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Toffyteesam.com does not in any way endorse any third party website(s) or content thereof Links Toffyteesam.com welcomes links to this site. You may establish a hypertext link to Toffyteesam.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Toffyteesam.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Toffyteesam.com, including any logos or characters, without the express written consent of Toffyteesam.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Toffyteesam.com website without Toffyteesam.com’s prior written consent.
1. You hereby declare that you have provided all necessary Legal Delivery Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
(What of those people who buy from us in bulk to resell? Does this mean they can’t from us?)
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Toffyteesam.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Toffyteesam.com does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Toffyteesam.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Toffyteesam.com website.
Toffyteesam.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Toffyteesam.com website; their servers; or electronic communication sent from Toffyteesam.com are free of viruses or other harmful components.
Nothing on Toffyteesam.com constitutes, or is meant to constitute, advice of any kind. All the products sold on Toffyteesam.com are governed by different state laws and if Toffyteesam.com is unable to deliver such products due to implications of different state laws, Toffyteesam.com will return or will give credit for the amount received by Toffyteesam.com from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Toffyteesam.com. By registering your phone number with us, you consent to be contacted by Toffyteesam.com via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Toffyteesam.com will not use your personal information to initiate any promotional phone calls or SMS’.
While availing any of the payment method/s offered at Toffyteesam.com, Toffyteesam.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by you and between your “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
All payments made against the purchases/services on Toffyteesam.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Toffyteesam.com does not accept any other form of currency with respect to the purchases made on Toffyteesam.com.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you
out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases/services on Toffyteesam.com by you shall be compulsorily in Nigerian Naira acceptable by the Central Bank of Nigeria. Toffyteesam.com does not accept any other form of currency with respect to the purchases.
Without limiting other remedies, Toffyteesam.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to
Toffyteesam.com website in the event, but not limited to:
2. If Toffyteesam.com is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of The Federal Republic of Nigeria. The place of jurisdiction shall be exclusively in Lagos, Nigeria.
Unless otherwise specified, the material on Toffyteesam.com is presented solely for the purpose of sale in Nigeria. Toffyteesam.com makes no representation that materials in Toffyteesam.com are appropriate or available for use in other locations/Countries other than Nigeria. Those who choose to access this site from other locations/Countries other than NIgeria do so on their own initiative and Toffyteesam.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
This site is controlled and operated by Toffyteesam.com. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Toffyteesam.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at Toffyteesam.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at help@Toffyteesam.com.
All items purchased from Toffyteesam.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Toffyteesam.com until the item is transferred to You. In the event that the items are damaged after receipt, the risk falls on the customer.
Toffyteesam.com tries to be as accurate as possible. However, Toffyteesam.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Toffyteesam.com itself is not as described, your sole remedy is to return it in unused condition.
If Toffyteesam.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Toffyteesam.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Toffyteesam.com reserves the right to cancel any order without any explanation for doing so, under situation where Toffyteesam.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Toffyteesam.com policy or for any reason. However, Toffyteesam.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
IN NO EVENT SHALL Toffyteesam.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Toffyteesam.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to email@example.com or to our office at Lagos.
In consideration of the mutual covenants set forth in this Agreement, Seller and Toffyteesam (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows:
1. Services Rendered The Seller agrees to compensate Toffyteesam for the services rendered listed in paragraph 2 below (“Services”).
2. Delivery of Services Toffyteesam will use reasonable diligence in rendering the Services offered to the Seller, which include the following:
– Online store front tailored to the Seller with payment gateway at Toffyteesam.com;
– Access to Seller’s HQ and other account management systems;
– Access to account management services;
– Access to logistics partners;
– Provision of analytics;
– Seller Services Helpline Number (Mon – Fri; 08:00 – 18:00)
– E-marketing, and other marketing services as available and appropriate.
Toffyteesam may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Seller will be informed before provision of the said services.
Toffyteesam reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion. The Seller agrees to use reasonable diligence in providing Toffyteesam with genuine products; up-to-date product quantity update; and accurate product information
For all of the Services provided by Toffyteesam under this Agreement, the Seller shall compensate Toffyteesam, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be published on the SellerHQ portal; or agreed in advance between both parties, or detailed elsewhere on the Toffyteesam web-site. Toffyteesam will from time to time review the category commission structure and will notify the Seller of any changes by publishing the same on the SellerHQ portal, or on Toffyteesam’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Toffyteesam will remit payments for sales generated by the Seller on its platform minus the agreed commission and all applicable taxes on a bi-monthly basis, or as agreed between the Parties.
The Seller and Toffyteesam acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Toffyteesam. Seller shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Toffyteesam’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.
5. Independent Contractor
Toffyteesam shall be deemed as an independent contractor. Toffyteesam will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Toffyteesam’s behalf. Toffyteesam understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
6. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the Parties.Toffyteesam shall be deemed as an independent contractor. Toffyteesam will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Seller will not withhold or pay any income tax, social security tax, or any other payroll taxes on Toffyteesam’s behalf.
Toffyteesam understands that it will not be entitled to any fringe benefits that Seller provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.
Seller warrants that everything it gives Toffyteesam to use in the delivery of the Services or any deliverable is legally owned or licensed to the Seller. The Seller agrees to indemnify and hold Toffyteesam, its employees and associates harmless from any and all claims brought in the performance of the Services.
8. Terms & Conditions
Either Party shall be entitled to terminate this Agreement voluntarily by serving three (3) months prior written notice to the other Party. Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.
Toffyteesam has the right to evict the Seller from Toffyteesam if any, or a combination, of the following breaches are committed:
– Fails to make a product that has been sold on Toffyteesam mall available for delivery within three (3) days after it was supposed to be available for delivery;
– Provide inferior or substandard products that has been sold as genuine;
– Provide used, refurbished or damaged products that has been sold as new or unused;
– Failed to meet the Quality Of Service Standards (QOS) as defined in the SellerHQ ratings system (details on request);
– Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
– Engages in any activity that brings Toffyteesam, or any of Toffyteesam’s partners or other mall vendors into disrepute.
Toffyteesam reserves the right to alter these QOS rules at anytime, and in the event of any changes Toffyteesam will inform the Seller by publishing the same on Toffyteesam’s website. Toffyteesam would send a formal warning to the Seller after each incident. Products stored by Toffyteesam will be returned to the Seller in the case of eviction.
9. Force Majeure
The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria in force from time to time and any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of courts within Lagos state.