Online Terms of Supply
These are the terms and conditions of supply for products ordered on www.fashtracker.com (Site) and/or through any web or mobile application we provide which allows product ordering. The Site/Application is operated by or on behalf of Fashtracker Limited (Fashtracker, we, us and our). We are a limited company, registered in Nigeria. Our registered company number is 3150395 Fashtracker Online, and our registered office is at 38, Adebayo Doherty Lekki Phase 1, Lagos, Nigeria.
Your purchase of any of the products offered on the Site/Application (Products) is subject to these terms and conditions and by placing an order for any Product you agree to be bound by them.
We reserve the right to change these terms and conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These terms and conditions were last updated in August 2020.
Our role and how the Site works
We operate the Site as a platform for trusted fashion brands to sell their Products directly to you. Each Brand has an online boutique on the Site where you can view information about the Brand and its Products. We also offer some products for sale ourselves on the Site.
When you purchase a Product from the Brand you enter into a legally binding contract directly with the Brand, not Fashtracker. Our role is limited to acting as agent for the Brand to conclude the sale of the Product on their behalf, to receive your payment and to assist with the processing of refunds and returns. Our receipt of full payment from you will discharge your debt to the relevant Brand in respect of that order. In some instances Fashtracker will also assist with the fulfilment, delivery and returns of Products you purchase directly from the Brand where these come from Fashtracker warehouse. Otherwise, delivery will be made directly by the Brand itself.
Where the Brand is the seller of a Product, though we may assist with certain practical issues on behalf of that Brand, we do not have any contractual obligations to you and you do not have any contractual rights against us regarding any Product sold on the Site by that Brand.
Ordering and availability
To order any Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm that you meet this requirement.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.
After placing an order, you will receive an acknowledgment from us that your order has been received. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy the Product(s) ordered. All orders are subject to acceptance by us and/or the Brand. We and/or the Brand are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation). The contract between you and us and/or the Brand (as applicable) in relation to the Product(s) ordered (Contract) will only be formed when you we and/or the Brand send you the relevant Order Confirmation. After entering into the Contract, we and/or the Brand will be under a legal duty to supply you with goods that are in conformity with the Contract.
The Contract will relate only to the Product(s) which have been confirmed in the Order Confirmation. We and/or the Brand will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate Order Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 10 days after the date of the Order Confirmation, unless there are exceptional circumstances.
Your order will be delivered to the delivery address you specify when placing your order. A list of the countries we deliver to is available on the website and can be found in the checkout process.
If your delivery address is geographically remote, or in an isolated location, it is possible that we and/or the Brand may not be able to deliver there. If that is the case, you will be notified. We and/or Brands reserve the right not to deliver to any country that is prohibited by applicable export laws.
Products comprised within the same order cannot be delivered to different addresses.
Delivery outside Nigeria
If you order Product(s) for delivery outside the Nigeria, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We and/or the Brand will not be liable for any breach by you of any such laws.
Risk and ownership
The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.
Price and payment
The price of Products is as quoted on the Site from time to time.
Prices include VAT but exclude delivery costs (if applicable), which will be automatically added (at the cost shown) to the total amount due. Prices and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we and/or the Brand have already sent you an Order Confirmation.
The Site contains a large number of Products and it is always possible that, despite best efforts, some of the Products listed on the Site may be incorrectly priced. We and/or Brands will normally verify prices as part of the despatch procedure so that, where a Product's correct price is less than the stated price, you will be charged the lower amount. If a Product’s correct price is higher than the price stated on the Site, we and/or the Brand will normally either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Payment for all orders must be made by credit, debit card or bank transfer on the checkout page. The Site accepts payment by most major credit and debit cards.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we and/or Brands are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We and/or Brands are not responsible for this.
From time to time the Site may run promotions where discount codes are offered. These can be used to discount the price of Product(s) ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash. Any discount codes obtain by way of referring friends to the Site must be done in good faith and without any arrangement for the purpose of earning credit where invites and subsequent purchases are not genuine.
If you receive a faulty item, you must alert us at firstname.lastname@example.org and return the item(s) within 6 hours after delivery. The item must be in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we and/or the Brand may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled.
You will not have any right to cancel a Contract for the supply of Products that have been personalised or made to your own bespoke specifications (if such options are offered), unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.
To return the Product(s), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail to the address provided to you during the returns process.
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Product(s) to us.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
Our refunds policy
We do not currently offer refunds however, we do offer exchanges.
If you recieve a faulty item and have made a claim for a refund, it will be processed to you as soon as possible and, in any case, within 7 days after the day on which the Brand receive the Product(s) back or, if earlier, the day on which we and/or the Brand receive evidence that you have returned the Product(s) to the returns address provided. We will refund the price paid in full (subject to any deduction we and/or the Brand are entitled to make due to your use of or damage to the Product(s)). Fashtracker will bear the cost of your return in this instance only using 'Kwik.delivery' If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds are made using the same method originally used by you to pay for your purchase or by issuing you with Fashtracker Credit, unless agreed otherwise.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more remedies available to you, depending on when you make us aware of the problem.
Whilst reasonable steps have been taken to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor or screen and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.
Nothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation
- for any other liability that, by law, may not be limited or excluded.
Please remember that where you purchase a Product from a Brand, the legal contract for the supply and purchase of Product is between you and the relevant Brand. We have no control over the actions or omissions of any Brand.
Neither we nor the relevant Brand will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our or the Brand's reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we or a Brand fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.
These terms and conditions may not be varied except with our express written consent.
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us (or the Brand as applicable) in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms and conditions shall be governed by Nigerian law.
You agree that any dispute between you and us and/or a Brand (as applicable) regarding these terms and conditions or any Contract will only be dealt with by the Nigerian courts.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to email@example.com