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Terms and Conditions

Thank you for visiting Esteem Royale Cosmetics website www.esteemroyale.com (the “Site”). Your visit to the Site is subject to these Terms and Conditions and our Privacy Policy. Please read the below terms and disclaimers carefully.

Esteem Royale Cosmetics (“ERC,” “we,” “us,” or “our”) provides the content and services available on the Site, www.esteemroyale.com (“Site”), including the Privacy Policy and Esteem Royale Cosmetics Loyalty Reward Program (“E-Loyalty”) to you subject to the following terms and conditions, our Privacy Policy, and other terms and conditions which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). These terms and conditions apply to your purchase of skin care formulations, makeup, beauty tools and equipment and cosmetics (“Goods”) on www.esteemroyale.com (“Site”) and Stores. When we refer to “Us” and “Our” we mean ERC(“Seller”) and when we refer to “You” and “Your” we mean the user of the Site and purchaser of Goods (“Customer”).

These terms and conditions form a legally binding contract between us and you. Separate Notices and Disclaimers apply to your privacy, delivery, and exchange of Goods. By accepting these terms and conditions you also agree to the Notices and Disclaimers. We recommend that you print a copy of this for future reference. By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site whether as a guest or a registered user. Use of our Site includes visiting, accessing, browsing, or registering to use our Site. You should read these terms and conditions carefully before making a purchase on this Website.

THE SECTION BELOW TITLED “DISPUTES” CONTAINS A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

You must be 18 years old to make a purchase on our Site.  If you are under 18 years old, then you may not make a purchase on our Site. If you are under 18 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site.  This Site is not directed to children and people under 18 years old.  By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

Ordering and Buying

The display of Goods on our Site is an invitation and not an offer to sell those Goods to you. An offer is made when you place the order for your Goods. However, we will not have made a contract with you unless and until we accept your offer.

  1. You make an offer to purchase Goods from us (“Order”) by completing the staged process on the Site as set out below:

  • Adding product to your shopping bag.

  • Checkout step 1 – Login details.

  • Checkout step 2 – address details.

  • Checkout step 3 – payment details.

  • Checkout step 4 – Confirmation of order

  1. Your Order only constitutes an offer to purchase Goods from us and does not form a binding contract until accepted by us

  2. Where you order more than one Good your Order contains a series of offers for each Goods individually

  3. On receipt of your Order, we will send you an Order acknowledgement email to the email address which you provide in the Order process.

  4. This Order acknowledgement email will contain your Order number, details of the Goods ordered and a delivery estimate.

  5. Note that this email is only to acknowledge that your order has been received and is not acceptance by us of any offers to purchase Goods.

  6. We must receive full payment both price of the Goods and any delivery charges before we can accept any offers.

  7. Goods displayed on our Site are subject to availability. If we are unable to supply the Goods, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the Goods.

  8. An offer made by you to purchase Goods shall only be deemed to be accepted by us when we dispatch that product to you and send you an Order dispatch email which includes details of the Goods not withstanding your payment.

  9. We reserve the right to refuse any offers in an Order prior to acceptance if one or all the Goods in your offer is not available. Goods which are not available will not be included in the contract for Goods which are dispatched.

  10. Where Goods you have not purchased are dispatched to you in error, we may ask you whether you wish to purchase them. If so, your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect Goods dispatched will be collected for full refund.

  11. We warrant to you that any Goods purchased from us through the Site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Sale and Clearance

  1. ERCL will periodically create an opportunity for customers to buy Goods at discounted prices through Sale events.

  2. The discounted prices are reductions from the original price charged on the Site for those Goods. Occasionally these prices may have applied more than six months ago.

  3. Goods bought on Sale cannot be returned, exchanged, or refunded.

  4. Once the Sale period has ended all Goods may revert to their original prices

  5. We have the right to cancel or cut-short sales or change sale prizes at any time without notice.

Competitions

ERCL may organize competitions from time to time

  1. Competition winners may be chosen randomly or by set criteria.

  2. Winners shall be contacted within 14 days of the competition closing date.

  3. Competition prizes cannot be exchanged, and no cash will be offered.

  4. Employees of ERCL are not eligible to enter competitions.

  5. ERCL has the right to cancel competitions and change or substitute prizes without notice.

Personal Use

The products and services available on the Site, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Accessibility

Our site is made available free of charge. However, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for:

  1. making all arrangements necessary for you to have access to our site.

  2. ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  3. Ensuring that any content you upload to our site is non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited license to use, store and copy that content and to distribute and make it available to third parties.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience. Particularly,

  1. all measurements and sizes provided on the Site are approximate.

  2. reproduction of colors is as accurate as the photographic and production process will reasonably allow.

  3. celebrities named or featured on theSite have not endorsed recommended or approved any of the items offered on the Site except otherwise stated. E.g. Brand Ambassadors.

  4. all the information provided on the Site is for educational purposes only. The content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist medical advice before taking, or refraining from, any action based on the content on the Site. It is also not intended to treat, cure, prevent, prescribe, or diagnose any disease or condition.

  5. We may update the Site from time to time and may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.

  6. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.

Intellectual Property

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by Nigerian and international laws, including laws governing copyrights and trademarks. Except as set forth in Sections below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Limited Licenses; Use Restrictions

We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:

  1. frame or utilize framing techniques to enclose the Site or any portion thereof.

  2. use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;

  3. make any use of the Site or any Content other than for personal use.

  4. modify, reverse engineer, or create any derivative works based upon the Site or any Content.

  5. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

  6. “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way.

  7. intentionally violate any applicable local, state, national or international law.

  8. transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or

  9. engage or make any unsolicited or unauthorized advertising, solicitation, or promotional material, including chain letters, mass mailings, or any form of “spam.”

We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site:

  1. may link to, but not replicate, any and/or all of our Content.

  2. may not imply that we are endorsing such website or its services or products.

  3. may not misrepresent its relationship with us.

  4. may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion);

  5. may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or

  6. may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Your Obligation and Responsibility

By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.

Your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username and/or password, or because you fail to maintain sufficient security over your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your online account with us at any time by contacting us by email at sales@esteemroyale.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

Third Party Links

We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use, and access of these third-party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.

Special Features, Functionality and Events

The Site may offer certain special offerings or events (such as sales, contests, sweepstakes, or other offerings) which may be:

  1. subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and

  2. offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

User Content

When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site in any manner, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products. You represent and warrant that you own or otherwise control the rights to your User Content.

You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships; is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity, or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent, or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.  You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content

If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email at sale@esteemroyale.com and include the following information in your deletion request:

  1. first name, last name

  2. username/screen name (if applicable),

  3. email address associated with our website and/or mobile applications,

  4. your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it).

We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

Copyright Infringement Notices

We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to sales@esteemroyale.com and provide the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed.

  2. Identification of the copyrighted work(s) that you claim has been infringed.

  3. A description of the material that you claim is infringing and the location of that material on the Site.

  4. Your address, telephone number and email address.

  5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties; Limitation of Liabilities

This Site and its content and services are presented “as is.” Neither we nor our parents, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied in connection with these Site terms and conditions or the Site or its contents or services.You agree that neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible or liable in contract, warranty or in tort (including negligence) for any:

  1. Interruption of business.

  2. Access delays or access interruptions to the Site.

  3. Data non-delivery, misdelivery, corruption, destruction, or modification.

  4. Loss or damages of any sort incurred because of dealings with or the presence of off-website links on our Site.

  5. Computer viruses, system failures or malfunctions which may occur in connection with your use of our Site, including during hyperlink to or from third party websites.

  6. Any inaccuracies or omissions in content.

  7. Events beyond our reasonable control.

Further, neither we nor our parents, subsidiaries, affiliates, partners, or licensors will be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damage of any kind (including lost profits) related to our Site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed thirty-six thousand Naira (N36,000.00) or its equivalent in Pound Sterling or USD.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand arising from:

  1. your use of the Site or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or

  2. any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Federal Republic of Nigeria in Abuja, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Abuja.

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE, THESE SITE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF ESTEEM ROYALE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN ABUJA AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.

ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.

It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Nigerian Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and:

  1. no arbitration or proceeding shall be joined with any other.

  2. there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and

  3. there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the public or any other persons.

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Consent to Receive Notices

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at sales@esteemroyale.com and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 7 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

General

  1. You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

  2. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

  3. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

  4. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

  5. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at sales@esteemroyale.com

 

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