General Sales Conditions

Last update: 31/07/2020

PRELIMINARY REMARKS

The offering and sale of products included in the present website belonging to Cynthia Abila Studios (hereafter referred to as “Seller”), accessible at the URL www.cynthiaabila.com (hereafter referred to as “Website”), will be regulated and governed by the following General Sales Conditions.

We specify that these General Sales Conditions exclusively govern purchase orders for products available on the present website issued by Users and their acceptance by the Seller. These General Sales Conditions do NOT include the supply of services or the sale of products performed by parties other than the seller, even if present on this website or reachable through it via links, banners or other hypertext links. The seller is therefore NOT liable for the supply of services or the sale of products performed by the above mentioned third parties.

1. MISSION

1.1 The products offered and purchased through this website (hereafter referred to as “Products”) are directly sold by Cynthia Abila Studios, with registered office in Nigeria, no. 2 Seiviri Street, Abuja, Federal Capital Territory, 900271, TIN: 18949006-0001, both to final consumers, that are the natural persons acting on the present Website for personal purposes unrelated to his/her own commercial, entrepreneurial or professional activity eventually performed, as well to businesses, that are the juridical or natural persons acting on the present Website for purposes related to her/his/its own commercial, entrepreneurial or professional activity.

1.2 Cynthia Abila Studios reserves the right to refuse to accept any purchase order not compliant with the present Terms of Use and General Sales Conditions, giving notice of the non-acceptance to the user involved.

2. CUSTOMER REQUIREMENTS

2.1 In order to be able to place orders on the present Website, the user (hereafter referred to as “Customer”) declares and guarantees to own the following mandatory minimum requirements:

a. having a minimum age of 18 years old or more;

b. owning and providing a valid e-mail address;

c. having the legal capacity to stipulate legally binding contracts, possibly in the name and on behalf of the entity she/he represents.

3. PURCHASE PROCEDURE

3.1 The purchase of Products on the Website may take place with or without account registration on the Website.

3.2 Account registration on the Website is free of charge and the related procedure is explained in detail at paragraph 6 of Terms of Use section

3.3 To finalize the purchase, choose each Product individually (in its right size) and click on “Add to cart”. The cart represents a virtual location for the user containing previously selected Products that are ready to be paid, either if the customer is a registered user or in case he decides to proceed with the purchase without registration.

3.4 Adding Products to the shopping cart does not guarantee the possibility to complete the purchase. Products in your cart will remain available for other online Customers until one of them will complete the purchasing procedure.

3.5 Products added to the cart by user might remain visible at the opening of the next browser session due to the presence of “cookies” (for more information about cookies, please consult our Cookie Policy ). However, this does not guarantee their actual availability: when the Customer will proceed with the order submission or when he will go back to cart page, she/he will receive an alert in case the Products selected should be run out of stock in the meantime.

3.6If available, Products can be added to the cart from any of the website sections they are displayed on (navigation by category, homepage, related products, etc.).

3.7When Products selection will be completed, the User must check and review all cart contents: to get access, click on the link “see cart” from the menu bar displayed on every page of the Website.

3.8The cart always indicates the total payable amount inclusive of all applicable taxes and fees.

3.9If after Customer’s verification the content of the cart corresponds to her/his actually desired Products, than he shall click on “Proceed to Checkout” displayed on the shopping cart page, or on “Checkout” displayed on the menu bar in every page of the Website. The word “Checkout” virtually represents the Seller’s cash register.

3.10If the customer has not yet logged in as a registered user, he can choose to complete the purchase in three ways:

a. as a guest User, without logging into an account;

b. logging into his personal registered account;

c. registering on the Website and then logging into his newly registered account.

Even in the first case, the customer will have to provide some mandatory personal data required to manage the order such as, purely by way of example, the shipping address and a valid e-mail contact.

3.11 The Checkout page provides:

1) data entry (by the User) relating to billing details, shipping address, and payment methods section, through which the Customer can choose the preferred payment method and receive all necessary information related to it;

2) order review, containing a summary of all order information, including Products, selected shipping and payment methods with related prices and the indication of the amount of taxes and fees.

3.12 By ticking/clicking the boxes “I have read and fully accept the Terms of Use and the Privacy Policy” and “by submitting my order I fully accept the General Sales Conditions”, and finally “Pay Now”, the User will complete the purchase procedure submitting the order to the Seller.

3.13 Without declaring to have read and accepted the Terms of Use, the Privacy Policy and the General Sales Conditions as indicated in the preceding point, it will not be possible to submit the order to the Seller.

4. CONCLUSION OF THE SALES CONTRACT

4.1 In order to finalize the sales contract, the User will have to send a purchase order via electronic means and through the Website, completing the relative order form present in the “Checkout” section and clicking on “Pay Now”.

4.2 Before proceeding with the order submission, the Customer can log in to her/his account and is invited, in any case, to verify and correct any eventual error committed during data entering.

4.3 The submission of the order requires and implies the full understanding and acceptance of the General Sales Conditions by the Customer, of which it is suggested the print and conservation.

4.4 When the order will be received by the Seller the sales contract can be considered as concluded, and the Seller will send to the Customer an automatic acknowledgement e-mail to confirm the receipt of the order made by the Customer (e-mail that for the sake of brevity will be referred to as “Order Receipt”), containing:

a. the General Sales Conditions applicable to the contract, available via link at the present webpage, containing terms and conditions for the exercise of the withdrawal right on behalf of the Customer and the recognition of the legal guarantee of conformity for the Products;

b. information about the essential characteristics of each ordered Product and its relative price (inclusive of taxes and fees);

c. Product shipping methods and relative shipping/delivery cost;

d. contact details of the Seller and of the customer service;

e. shipping time limit of the ordered Products.

4.5 Upon receipt of Customer’s order, Cynthia Abila Studios reserves the right to confirm the availability of the ordered Products and to check the details of previous transactions carried out by the Customer on the Website. In case the ordered Products are not available (or available on the Website when sending the order, but no longer available afterwards), or if for any other reason Cynthia Abila Studios could not fulfil the Customer’s order, Cynthia Abila Studios will immediately inform the Customer via e-mail and refund of the sum already paid by the Customer, using the same means of payment.

4.6 At the time of shipment, the Customer will receive a further e-mail containing indications about the courier in charge of delivery and the relative tracking number.

4.7 The order, and the subsequent sales contract concluded, will be stored in the Seller’s database for the time necessary for the performance of the contract and, in any case, within the terms of law. If the Customer is in possession of a personal account on the Website, he can have access to his order details, hence to the concluded sales contract, if the order has been submitted after previously logging into the account.

4.8 There is no formally binding commitment between the Customer and the Seller, therefore no contract shall be considered as concluded in case of evident and noticeable errors or inaccuracies committed during data compilation and order submission procedure, for facts imputable either to the Customer or to the Seller, and also for reasons beyond their responsibility (by way of example, but not limited to: errors or inaccuracies related to Customer data, identification and/or selection of Products and/or their relative quantity and/or price).

4.9 The sales contract is subject to the termination condition related to the non-payment of the purchase price by the Customer, according to which, in case the Customer doesn’t pay the amount due, the contract will be deemed legally terminated. The Customer will be immediately informed by the Seller via e-mail about the termination of the contract and the consequent order cancellation.

4.10 In any case, in the improbable event that a contract has not been concluded for whatever reason, generating nevertheless a payment transfer from part of the Customer, the Seller will provide the refund of the sum already paid by the Customer himself, using the same mean of payment. In case of cash-on delivery payment, the refund will necessarily have to be provided by bank transfer after contacting the Customer.

5 PRODUCTS SOLD, PRICES AND AVAILABILITY.

5.1 The Products that can be purchased from the Seller through the Website are all those items available on the electronic product catalogue uploaded on the Website and consulted by the User when sending the order.

5.2 Each product is described in detail on its dedicated information page, indicating also price and availability of the product itself.

5.3 Displayed product prices are in Naira (however converted to a currency based on the location of the IP address) and include taxes and fees where applicable. Delivery costs (inclusive of applicable taxes and fees), which may vary according to the shipping method and/or payment method selected, will be specifically indicated: during the purchasing procedure, before the submission of the order from part of the Customer, and in the receipt of the order (“Order receipt”).

5.4 Product prices might be subject to updates as the Seller reserves the right to change the prices at any time. The User is therefore invited to verify Product prices before submitting the order.

5.5 The Seller reserves the right to change Product prices at any time without limitations, provided that the Product price charged to the Customer who has issued a purchase order corresponds to the one indicated in the order overview displayed to the Customer just before the submission of the order, as well as in the relative receipt, without taking into account any eventual modification subsequent to the order submission.

5.6 Despite the constant monitoring and updating of Products availability from part of the Seller, due to the fact that multiple users simultaneously visit the Website it might happen that different users purchase the same Product at the same time from the Website. In this latter case the Product might therefore remain available on the Website, during a short period of time, even if it is actually sold out or temporarily out of stock (for which an eventual re-stocking might be necessary).

5.7 In case the ordered Product is not available anymore for the above-mentioned reasons, the Seller will promptly inform the Customer via e-mail and the sales contract will have as its subject only other available Products eventually ordered or, in the absence of these, no contract will be concluded.

6. WARRANTEES

6.1. Products sold on the present Website are guaranteed by Cynthia Abila Studios, engaged in retail online sales operations through the Website (accessible at www.cynthiaabila.com).

6.2. Products sold on the website are in line with the corresponding market standards of quality; they are not used, defective or vintage. However, one must be aware that the clothing and accessories fashion industry is constantly evolving, and objects may be submitted to treatments that might render them inconsistent with quality standards according to Customers’ judgement. For this reason, Product descriptions provided on the Website will specifically include information about how the product is presented and its conditions if not compliant with market standards. Customers are therefore invited to always read the Product description or eventually ask information to our customer service by contacting info@cynthiaabila.com.

6.3. Images and colours of Products sold on the Website may not exactly correspond to the real ones depending on the Internet browser or on User’s device screen. The Seller disclaims any responsibility in relation to the possibility that the colours of the Products slightly differ from the real ones, due to any particular configuration or malfunctioning of the device, of the browser, of the device screen used, or due to limitations resulting from web data standardizations, such as to the reduction of information size related to image “colour space”, often smaller respect to human eye’s visual spectrum.

6.4. Products sold on the Website are covered by a legal warranty of twenty-four months (24) for defects of conformity, in accordance with the Law. The non-conformity defect of the Product shall be reported to the Seller within two (2) months from the date of detection, whether by registered letter with return receipt, certified e-mail (pec), or directly contacting our customer service (info@cynthiaabila.com). In case of ascertained non-conformity defect, prior verification by the Seller, the Customer is entitled to ask the repair or replacement of the Product or, where these remedies are not possible or overly burdensome, he/she is entitled to require a reduction in the purchase price or the rescission of the sales contract.

6.5. Regarding Product returns, the Customer can make reference to the information reported in paragraph 10 of the present General Sales Conditions.

7. PAYMENT METHODS

7.1. With regard to the payment of the Product price (inclusive of applicable taxes and fees) and of the relative delivery and shipping costs, the Customer can choose one of the following options as indicated in the “Checkout” section:

a. Credit Card.

7.2. Under no circumstances Customers will be charged of costs exceeding the ones effectively incurred by the Seller in relation to the selected payment method. In any case, the Seller reserves the indisputable right to suspend, without prior notice or justification, one or more of the above mentioned payment methods.

7.3. In order to finalize the purchase of the ordered Products, Customers must execute the following payment procedures: the Customer can remotely make use of the secure electronic payment system provided by Paystack, which accept all major credit card circuits including Visa/Visa Electron, MasterCard and American Express. By selecting this payment method, information related to payment is encrypted using SSL protocol (Secure Socket Layer). Paystack protect customer data ensuring that no financial information is transmitted to the Seller, who will not be able to record, store or get access to financial and personal details provided during the transaction. For any further information we invite the Customer to visit the websites of Paystack www.paystack.com. Products purchase price and related delivery costs will be debited to Customer’s account (Credit Card) within 24 hours of sending the order.

8. DISCOUNT COUPON CODES

8.1. The Seller can provide discount coupon codes denominated “Coupon Code” to Users registered on the Website. These Coupon Codes may only be applied to purchases made on the same User account through which a discount code is provided and registered, so they are strictly personal and non-transferable.

8.2. Coupon Codes can be generated in various ways without prior notice and will always be communicated individually to the User concerned.

8.3. Coupon Codes may not be cumulative: the Seller will specify whether and in which cases it is possible to use only one for each order.

8.4. The use of a Coupon Code might be conditional on a maximum expenditure limit that, in any case, will be indicated by the Seller (if established).

8.5. A Coupon Code shall not be applied to orders that have already been processed (that is to orders already placed and sent to the Seller’s system).

8.6. If the Customer is in possession of a Coupon Code he/she will have to enter the code in the appropriate space appearing in the final phase of the “Checkout” process and then click on “Apply Coupon”: the total amount of the final purchase price will be automatically updated.

8.7. Coupon Codes can represent discounts, promotions or other initiatives and can applicable in various ways: for example, a discount may be defined as a precise monetary value or as a percentage of the total purchase price. The Coupon Code expressed in monetary value cannot in any way be converted into money to be sent to the Customer, and will be applicable to a single purchase.

8.8. The specific conditions of use governing Coupon Codes will be specified at the time of their issuing.

9. PRODUCTS SHIPPING, DELIVERY AND DUTIES

9.1. Products’ shipping is subject to payment and, unless otherwise provided, this cost will be at Customer’s expenses. The amount of shipping costs related to a specific order is expressly and separately indicated (inclusive of all applicable taxes and fees) during the purchase process and in the order review, displayed to the Customer before proceeding with the order submission. Shipping costs are calculated automatically at the “Checkout” page when both the destination and delivery services are selected.

9.2. Products shipping will take place only and exclusively after the receipt of the payment by the Customer.

9.3. Delivery time is usually within 3-6 working days but in these times, keeping our staff and customers safe is our utmost priority so our delivery time is a little longer than usual (5-7) working days depending on your location.

9.4. The Products are delivered by the courier DHL from Monday to Friday during office hours. Dispatches and deliveries are not made on Saturdays, Sundays or national holidays. At the time of shipment, the Customer will be provided with a tracking number, in order to be able to monitor the status of his/her order shipment. In the order confirmation email, there is the Tracking Number, a code that allows the Customer to track the package in real-time on the courier website. If registered with an account, the Customer can follow her/his order directly from the “My Orders” section.

9.5. The Customer must always choose an address where someone is available to collect the package. If the Customer prefers to receive ordered Products at the office or at a reception, it must be communicated the name of the contact person. In case of unsuccessful delivery due to recipient’s absence and/or in case of address unavailability attributable to negligence on part of the Customer, the courier will leave a note with its contact details: the Customer must contact DHL courier to find out if a further attempt at delivery will be made or if the order will be deposited at a collection point (access point); if the Customer will not contact DHL or will not collect the order from the collection point, after a few days the package will be sent back to Seller’s warehouse. The Customer will be then contacted by the Customer Services Department to see if she/he wants the package to be delivered again. The courier cannot deliver to Post Office boxes or to Postal services.

9.6. The Seller delivers to Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, USA.

9.7. Custom policies vary from Country to Country: in most cases, any customs or import duties are charged once the parcel reaches its destination Country; in such cases, the Seller has no control over these charges and all applicable fees. Taxes and duties are Customer’s responsibilities. For this reason, the Customer is warmly invited to contact local customs office, before making any order on Website, to be properly informed and avoid being surprised by unexpected charges. In some cases, Customer can be charged with insurance or handling fees: these are also charged by customs for unforeseen events. Please note that any charge on a parcel must be paid by the person receiving the parcel.

9.8. In case of order requiring Products delivery in areas that are not served by a regular shipping service, the Seller reserves the right NOT to accept the order.

9.9. The Customer is invited to indicate any eventual particular characteristic of the place where the Product is delivered and/or of its location. In case he/she doesn’t provide such indications, or in case such indications would be incorrect, any eventual additional cost incurred by the Seller in order to carry out the delivery of the Product will be at Customer’s expenses.

9.10. As soon as the Customer receives the ordered Products, the Seller invites him/her to carefully inspect the integrity of the package before signing as proof of delivery shipment.

9.11. In case the package or the packaging tape should be damaged, the Customer is invited to sign the delivery receipt as “subject to control” indicating the reasons for it (for example “squashed packaging” or “ripped packaging”), or to refuse the delivery. The receipt of Products without reserves, in fact, would prevent the Customer from taking legal action against the courier in case of loss or damage of the goods, unless such loss or damage is due to intentional or gross negligence on part of the courier and with the exception of partial loss or damages that are not visible at the moment of delivery. In this latter case, however, damages shall be notified immediately upon their detection and not later than eight days after receipt. In any case, the regulations concerning the right of withdrawal and the legal guarantee of conformity shall apply.

9.12. In case of delivery accepted with unauthorised signature or in case of package presenting evidence of tampering, the Customer shall immediately report the incident the courier’s competent local office and contact the Seller via e-mail at info@cynthiaabila.com.

10. RETURN OF NON-CONFORMING PRODUCTS

10.1. In case of ascertained non-conformity of the Product, due to non compliance with the order, damages or defections previously verified by the Seller, the Customer, as already set out at point 6.5 of the present General Sales Conditions, the Customer is entitled to ask the repair or replacement of the non-conforming Product or, where these remedies are not possible or overly burdensome, he is entitled to require a reduction in the purchase price or the rescission of the sales contract.

10.2. In order to be able to ask the repair or replacement of non-conforming Products, the Customer must return them following the procedure described at the page “Returns and refunds”, in which a differentiation is made between orders submitted by a registered User (with user account) and orders submitted by a guest User (without user account). After receiving the request from the Customer, the Seller will provide a feedback via-email, communicating where and how to ship or hand-deliver the Product to the Seller and specifying that the Product itself will be subject to a careful conformity assessment.

10.3. Product return will be, in any case, at Customer’s expenses, including eventual additional costs due to importation taxes and/or customs duties.

10.4. The Seller reserves the right to request photographic proofs before authorising the return of non-conforming Products.

10.5. Once the returned Product is received, the Seller will verify the actual existence of damages or defections and will ascertain that these are not imputable to the Customer or to the normal use of the Product. In fact, the legal warranty excludes the so-called “subsequent defects”, that is defects resulting from normal use of the Product or due to its faulty or poor maintenance.

10.6. In case the Product presents flaws, defections or damages imputable to the Customer or to the normal use of the Product, the Seller will notify the Customer, via e-mail, specifying the reasons for the non-applicability of the legal warranty remedies and describing the modalities for the retrieval of the returned product, with relative total costs exclusively at Customer’s expenses. In this case, the Customer must reimburse the Seller of the costs incurred for Product return (conformity assessment and transportation).

10.7. The Seller will not accept any exchange (size, colour, item, etc.) for Product that have already been purchased with the exception of defective/non-conforming Products, as set out at point 6.5 of the present General Sales Conditions.

11. PERSONAL DATA TREATMENT

11.1. Personal data belonging to Users/Customers will be treaded in accordance to the Privacy Policy.

11.2. For any further information about the treatment of personal data, you can contact the Seller at info@cynthiaabila.com.

12. APPLICABLE LAW

12.1. Without prejudice to the application of the binding rules for consumer protection, the present General Sales Conditions are governed by Nigerian law.

12.2. In case of disputes between the Seller and any European User/Customer arising from the General Sales Conditions, we inform that the European Commission provides an online platform for out-of-court alternative dispute resolution accessible from the website http://ec.europa.eu/odr.