ADRIEL LUX TERMS AND CONDITIONS OF PURCHASE AND USE

OVERVIEW

The following terms and conditions, (the “Terms”) govern: (i) your use of Adriellux.com (or any subdomains thereof), or one of our other websites, applications or other services from which you are accessing these Terms (each referred to herein as a “Site,”) and collectively, the “Sites,”); and (ii) any purchases you make from the Site.  In these Terms, “Company,” “we” or “us” means Adriel Lux, together with its corporate parent, subsidiary and affiliated entities worldwide.  Your contractual party for the purchase and sale of goods via Adriellux.com is Adriel Lux Limited.

Except to the extent limited by applicable law, these Terms might change from time to time, so please review them each time prior to accepting them and making a purchase. By placing an order for any product or otherwise accessing or using the Site and clicking to agree to these Terms on the Site, or by otherwise completing the applicable order transaction process on a Site, you accept and agree to be bound by these Terms.  If you do not agree to these Terms, you will not be able to purchase any products through the Sites and you must not access or use the Sites.

1. OUR PROPRIETARY RIGHTS

We and/or our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyright) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copy right, author’s rights, trade mark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

2. LIMITED LICENCE

Subject to these Terms, we grant to you a non-exclusive, non-transferable, not-sublicensable, limited license to access, view, use and display the Sites and Site Content on your computer or other devices, provided that you comply fully with these Terms. The Sites and Site Content are for your personal, educational and non-commercial use only. No part of the Sites or Site Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, converted, reverse-engineered, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes and any other limits as permitted by the applicable law

3. COPYRIGHT AND TRADE MARKS

3.1.

All the content on the www.Adriellux.com Site including trademarks both registered and unregistered, logos, copyright, corporate images, works, images, photos, dialogues, music, sound, video, documents, designs, figures, logos, menus, web pages, graphics, colours, patterns, tools, printed characters, drawings, diagrams, layouts, methods, processes, features and software (collectively, the “Content”), are the property of and/or exclusively available to Adriel Lux and its content suppliers, and are protected by Nigerian copyright and other intellectual property laws.

3.2.

The consumer shall not reproduce, publish, distribute, view, modify, create works from or benefit in any way, in whole or in part, from the Content, without the prior written consent of Adriel Lux or its content suppliers, depending on the case, unless, however, with this document Adriel Lux provides authorization for you to view, download and print the pages of the Site in hard copy, solely for personal and not commercial use.

3.3.

Adriel Lux has the right to claim the ownership of any Content published on the Site, at any time, and to oppose any use, distortion or modification of any such Content for whatsoever purpose.

4. RULES OF CONDUCT

4.1. While accessing or using the Sites, the Site Content and the various other features available on the Site, you shall not:

• 4.1.1. violate any law, rule or regulation;
• 4.1.2. violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any server associated with the Sites or the Site Content. By breaching this provision, you may be committing a criminal offence. In such a case, we will report any such conduct to relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them;
• 4.1.3. impersonate any person or entity whether actual or fictitious, including anyone from the Sites or the Company, or misrepresent your affiliation with any other person or entity;
• 4.1.4. stalk, harass or harm another individual;
• 4.1.5. insert your own or a third party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any other areas of the Sites;
• 4.1.6. use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information or other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Sites;
• 4.1.7. alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
• 4.1.8. engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
• 4.1.9. use the Site or its features in any manner that could interrupt, damage, disable, overburden or impair the Site or such features, or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
• 4.1.10. circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites beyond the extent permitted by law;
• 4.1.11. frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
• 4.1.12. upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• 4.1.13. use the Sites or the Site Content to or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, author’s right, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
• 4.1.14. upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
• 4.1.15. use the Sites or its services (or any Site Content), in whole or in part, for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.

5. ORDERS

5.1.

You may order products from a Site only if you are 18 years old or older.  After placing an order, having carefully read, understood and accepted the present Terms, Adriel Lux’s Privacy Policy as well as the terms of sale and privacy policy of Adriel Lux, you will receive an e-mail from Adriel Lux acknowledging that we have received your order and containing an order reference number and details of the product(s) you have ordered (“Order Reference”).

Adriel Lux will take your payment and carriers approved by Adriel Lux will deliver your orders. In the event that Adriel Lux rejects, or otherwise makes a change to your order for a valid reason, we will contact you using the email and/or billing address/phone number provided at the time the order was made.  Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. Your bank or credit card will not be charged if your order is rejected and the amount you are charged will be proportionally reduced if Adriel Lux limits the quantities in your order.

5.2. Confirmation

Adriel Lux will only accept your offer when we send you an e-mail confirming that the product has been dispatched (“Shipping Confirmation”).  Therefore, the contract between you and Adriel Lux will only be formed when the Shipping Confirmation is sent to you via email. The contract will relate only to those products whose dispatch has been confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipping Confirmation.

5.3. Price & Payment

You agree to pay in full the prices for your purchases in accordance with the Payment Information Policy. The types of payment accepted by Adriel Lux for orders placed through the Sites, as well as any additional details with respect to certain payment types, are outlined in the Sites’ Payment Information Policy.

5.3.1. The price of the products will be as quoted on the Sites from time to time and will include VAT (where applicable) based on the rate in the delivery destination on the day you place your order. Adriel Lux reserves the right to update such rates at its sole discretion, and you acknowledge that such updates may affect product pricing. Product prices quoted exclude shipping charges, which are calculated separately and displayed before you confirm your order. The final transaction amount, including all applicable costs, will be shown in the order summary before checkout.

5.3.2. If you pay in a different currency than that of your bank account, your bank may charge a currency conversion fee. Pricing may also vary by country or shipping destination.

5.3.3. By placing an order on the Site, you acknowledge and agree that:
(i) Adriel Lux or its third-party payment processors may charge your selected payment method for your order and any other associated charges;
(ii) you will provide valid and current billing and personal information, and, if applicable, valid information for another individual with their express consent;
(iii) Adriel Lux may use third-party tools or services to process payments on its behalf;
(iv) your bank or card issuer may charge additional fees (e.g., foreign transaction fees or cross-border surcharges), which are not imposed or controlled by Adriel Lux. These fees depend entirely on your bank or card issuer's terms, and Adriel Lux has no knowledge or control over whether such charges will apply;
(v) if payment is declined or not received for any reason, you agree to promptly pay the amount due using a method prescribed by Adriel Lux.

5.3.4. Adriel Lux may work with a licensed customs broker in your destination country. By placing an order, you authorize the customs broker to act on your behalf to:
(a) handle customs transactions with local authorities;
(b) execute related documentation;
(c) facilitate tax payments for imports;
(d) return products and process applicable tax reimbursement claims, where applicable.
You acknowledge that in the event of a return, Adriel Lux may refund the cost of merchandise per the Terms, but not import charges. If tax refunds are applicable, they will be reimbursed only after Adriel Lux receives the amount from the customs broker.

5.3.5. You may be responsible for paying import duties and taxes when your shipment arrives. Additional customs clearance charges may also apply. As customs policies vary across jurisdictions, we recommend contacting your local customs office for details.

5.4. Product Availability

Product availability on the Site is not guaranteed and items may be low in stock or out of stock at the time of your order. If a product is unavailable, your order may be canceled, and you will be notified via the contact details provided during checkout.

Prices may vary between the Site and physical retail locations, or between different geographic regions. All prices displayed on the Site are quoted in the local currency of your shipping destination and are valid only for that location.

6. PRICING AND OTHER ERRORS

6.1. The images, colors, features, and sizes of our products are showcased for illustrative and explanatory purposes. While we strive to present them as precisely as possible, the specific technical specifications, display capabilities, and settings of your electronic device may influence how accurately they appear. Occasionally, the information on our website may include typographical or visual errors, inaccuracies, or missing details pertaining to product descriptions, pricing, or availability. Please note that the prices and availability of our products and services are subject to change without notice.

6.2. If an error in the price of the products you ordered is identified after your order has been confirmed, you will be contacted so as to re-confirm the order at the correct price or to cancel it. In case you will not be reachable, order will be cancelled.

7. DELIVERY AND ACCEPTANCE OF PRODUCTS

7.1. We may use third-party companies for Order Reference and delivery notification purposes. These third parties may require an address and phone number as part of the order and delivery process, and the phone number may be used by the third-party company in case of difficulty in locating the delivery address and in order to notify you of an expected delivery time or update to your delivery. By placing an order and agreeing to these Terms at such time, you consent to the disclosure of this information to such third-party companies for these order confirmation and delivery notification purposes only in accordance with our Privacy Policy. In this Section of the Terms, “we” also includes Adriel Lux and the third-party companies that Adriel Lux uses for delivery, Order Reference and delivery notification purposes.

7.2. Delivery of products shall be as described in our Shipping and Delivery Policy. The products will be delivered within 30 days from when we confirm your order. For your convenience, you can track your order at any time online with our Order Status page. Simply provide your email address and order number to track your order. Or, click on the tracking link included in your Shipping Confirmation/Customer Invoice email. You can also contact a customer service representative provided in the order confirmation page.

7.3. The delivery period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. Due to varying item availability, multiple items in a single order may be shipped separately. Each shipment will have its own tracking number and can be tracked on the Order Status page under the same order number. For orders with multiple packages, the package shipped first will bear the total shipping charges (if any).

7.4. If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, Adriel Lux reserves the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Adriel Lux shall not incur any liability in such circumstances.

7.5. Please note international shipments may be subject to cross-border inspections by customs authorities.

8. WARRANTY

8.1. Goods are classified as faulty if they have been received damaged, in which case you are kindly asked to send the article back. For such purpose, please use the pre-printed return form and return label included in your parcel. All goods for return must contain the original Adriel Lux label affixed on the goods. We cannot accept items that have been damaged, worn, and/or used beyond being tried on.

8.2. The Product warranty provided by Adriel Lux is valid provided that both the following conditions are met:

• a) The fault appears within seven (7) days of the delivery date of the Products;
• b) The Consumer submits a formal claim relating to the faults within a maximum of fourteen (14) days of the date on which the fault was detected.

8.3. In the event of non-conformity, the Consumer shall have the right to obtain, without charge, the repair or replacement of the non-compliant Product, or to obtain an appropriate price reduction, or the termination of the contract relating to the disputed Products.

8.4. Any claims must be made by email to the address indicated in the “Contact” section of the Site.

8.5. The costs for returning faulty Products shall be borne by Adriel Lux.

9. ORDER CANCELLATION/RIGHT OF WITHDRAWAL/RETURNING ORDERS/REFUNDS

9.1. You have a legal right to cancel/withdraw an order during the period set out below. If during this relevant period you do not want to keep a product for any reason, you can notify us of your decision to cancel the order and receive a refund.

9.2. This right to cancel an order does not apply in the case of:

• a. products which have been made to your specification or are personalized,
• b. sealed products (such as fragrance or beauty products) where the seal has been broken after delivery to you.
• c. swimwear or underwear where the hygiene strip has been removed.

9.3. Certain other products may also be excluded from your right to cancel. If this applies, this fact will be clearly stated on the product page before you purchase.

9.4. Your right to cancel/withdraw an order starts from the date you place your order on the Site. Your deadline for cancelling/withdrawing the order is as set out in the table below:

10. LETTING US KNOW YOU WISH TO CANCEL/WITHDRAW

10.1. To exercise the right to cancel/withdraw your order you must inform us of your decision to cancel. You may complete the Cancellation Form. You can also contact our Customer Services team by completing our Contact Us form. We will e-mail you to confirm we have received your cancellation. If you are e-mailing us or writing to us, please include your order number to help us to identify it.

10.2. If you cancel/withdraw your order in compliance with these Terms Adriel Lux will:

• a) refund you the price you paid for the products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop, for example in a way other than for determining the nature of the goods, their characteristics of their functioning. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
• b) make any refunds due to you as soon as possible and in any event no later than 14 days after the day on which we are informed by you on your decision to withdraw from this contract.

10.3. We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.

10.4. If a product has been delivered to you before you decide to cancel your order:

• a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the order. You can access the return portal here in order to initiate a return authorization form and receive your printable pre-paid return label.
• b) unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should not exceed the sums we charged you for delivery.

11. RETURNING ORDERS

11.1. You may return merchandise purchased on this Site directly on the return portal by mail. Merchandise must be returned within 14 days from the day on which you receive your delivery. If your order is shipped in multiple deliveries, you will have 14 days from the day on which you receive your last delivery for that order.

11.2. Returns must be made within the guidelines in our Return Policy.

11.3. Purchases made on this Site may not be exchanged.

11.4. To return an item(s), please follow these instructions:

1. Securely pack your merchandise. Please try to use the original shipping box and materials.
2. Visit our returns portal to initiate a returns authorization.
3. Enter your order number and email address.
4. Select the items you wish to return and the reason for your return.
5. Select the prepaid delivery label and print both the returns label and returns form.
6. Place the returns form inside your parcel before securely closing.
7. Affix the prepaid label to your return package.
8. Post your return package at a designated courier to be determined by Adriel Lux

11.5. The cost of the subsidized prepaid return postage will be deducted from your return amount and is detailed below.

11.6. You are responsible for properly packaging, labelling and shipping your product to us. Please retain your proof of postage as a safeguard for your shipment. Please note that in the event that you choose another courier or shipping service to return your item, rather than use the pre-paid returns label, unless the return concerns products which are defective or not as described, you will be liable for the cost of return, including any import duties or taxes that may be incurred by Adriel Lux as a result of using such other carriers.

11.7. In the event that an item is returned to us in an unsuitable condition, we may send it back to you

12. DISCLAIMER OF WARRANTIES

You are responsible for complying with any safety warnings and precautions that accompany the product. If you are not comfortable with using the Product after reading the safety warnings, you must return the product in accordance with the above Returns Policy. To the fullest extent permissible by applicable law, we are not responsible for

• i) your failure to follow safety warnings, precautions or any other instructions provided with the product
• ii) your negligence in use of the product, or
• iii) your intentional misuse of the Product.

13. LIABILITY

Except in cases of willful misconduct or gross negligence, in no other circumstances will Adriel Lux be liable for any damage of any kind, including by way of non-exhaustive example, direct, indirect, incidental or consequential damage, which may occur to consumers and/or users of the Site and which derive directly or indirectly from the consumers and/or users’ use or impossibility to use the Site, from the consumers and/or users having relied on the information contained on the Site or from errors, breaks in service, cancellations, degradation or corruption of files or e-mails, software errors, viruses or defects, delays in functioning or transmission, lack of communication, theft, the destruction of, or unauthorized access to, Adriel Lux’s data, programs or services. We will not be liable for any delay or failure to complete the order due to circumstances beyond our reasonable control.