Terms and Conditions

TERMS AND CONDITIONS OF USE

This Terms and Conditions of Use describes the terms applicable to the use of this website, mobile versions of the websites and digital applications to which this Terms of Use is linked, is owned and operated by FF&E DIGITAL ENTERPRISES LIMITED, a company duly registered and incorporated in Nigeria with its registered office at No. 1 Towry Close, Victoria Island, Lagos, Nigeria.

THESE TERMS OF USE ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITES, YOU ACCEPT THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU AGREE THAT YOU HAVE THE RIGHT, CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITES.

IF YOU USE THIS SITE WHETHER AS A SUBSCRIBER, A VISITOR OR OTHERWISE OR IF YOU REGISTER WITH OUR WEBSITE, SUBMIT ANY MATERIAL TO OUR WEBSITE OR USE ANY OF OUR WEBSITE SERVICES CONTAINED WITHIN THE SITE INCLUDING BUT NOT LIMITED TO LOGGING IN, ACCESSING A WEBPAGE OR PERFORMING A SEARCH, WE WILL ASK YOU TO EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS OF THE AGREEMENT.

THE WEBSITE USES COOKIES; BY USING THE WEBSITE OR AGREEING TO THESE TERMS AND CONDITIONS, YOU CONSENT TO THE USE OF COOKIES IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY AND COOKIES POLICY.

DEFINITIONS

'CONTENT' means all text, pictures, sound, graphics, video and other data supplied by FF&E DIGITAL ENTERPRISES LIMITED, subscribers, visitors or otherwise and information which form part of or are included in the Products, including without limitation, Content provided by Data Providers.

'CUSTOMER' means a visitor, the registered users or a party to which the goods are to be supplied or service rendered by the supplier.

'PURCHASER' means the contracting party or parties whose details appear on the Order Form.

'DATA PROVIDER' means any third party supplier providing maps, data or information directly or indirectly to the Supplier.

'INTELLECTUAL PROPERTY' means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights held by the Supplier or any Data Providers and contained in the Products.

'ORDER FORM' means any standard order form(s), in printed or electronic form, produced by or on behalf of the Supplier.

'PRODUCT' means any product, goods or service provided to the Purchaser/Customer by FF&E DIGITAL ENTERPRISES.

'WEBSITE' means the user interface, functionality and Content made available on pages under the Domain Name at the internet addresses www.ffande.ng and www.ffe.ng.

'SUPPLIER' for the purposes of these conditions means FF&E DIGITAL ENTERPRISES, the distributors and manufacturers of the goods and services.

1. USERNAME, PASSWORD AND SECURITY

When you register to use this website and other services, you represent and warrant that: (a) all required user information you submit is truthful and accurate; and that (b) will ensure that this information is kept accurate and up to date at all times. You will be responsible for maintaining the confidentiality of your user Information, and we will not be responsible for the misuse of your information by any third party, whether authorized by you or not. You are responsible for all activities that occur under the accounts generated with your User Information. You agree to immediately notify FF&E DIGITAL ENTERPRISES of any unauthorized use, or suspected unauthorized use of your User Information or any other breach of security. FF&E DIGITAL ENTERPRISES cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You will be asked to create a password. It is your responsibility to choose a secure password. You must keep this password confidential and must not disclose it to, or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you must notify FF&E DIGITAL ENTERPRISES immediately. The supplier will not be responsible for any abuse of passwords.

2. COPYRIGHT

All copyright, database rights and other intellectual property rights in all the material which comprise the Service including but not limited to design, structure, layouts, graphical images and underlying software code (collectively the "Content") belongs to FF&E DIGITAL ENTERPRISES. All rights are reserved, except for the limited licensed rights expressly granted below.

The Customer acknowledges that, except as otherwise agreed between the parties in writing, copyright and all other intellectual property rights in the Service shall remain with FF&E DIGITAL ENTERPRISES or third party owners of such rights. The Customer shall have and shall gain no rights of ownership therein.

3. LICENSE TO USE WEBSITE

Subject to the terms and conditions of this Agreement, FF&E DIGITAL ENTERPRISES grants the Customer a non-transferable, non-exclusive, license to use the Sites for personal and business use. Subject to the terms of this Agreement, FF&E DIGITAL ENTERPRISES grants the Customer a non-transferable, non-exclusive, license to install and use the software FF&E DIGITAL ENTERPRISES makes available for mobile devices, solely on mobile devices and for personal and business use. The Apps are deemed part of the Site and all terms and conditions shall apply.

4. INTELLECTUAL PROPERTY

The contents and all Rights therein are owned by FF&E DIGITAL ENTERPRISES (and/or its licensors or suppliers). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that; (i) FF&E DIGITAL ENTERPRISES is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.

You may view, print, download or temporarily store extracts from FF&E DIGITAL ENTERPRISES for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any FF&E DIGITAL ENTERPRISES material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any FF&E DIGITAL ENTERPRISES content or materials.

By submitting content, which shall include your subscriber name, to any "public area" of FF&E DIGITAL ENTERPRISES, including message boards, forums, and contests, you grant FF&E DIGITAL ENTERPRISES a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any subscriber to view, access, display, reproduce and store such content for personal use.

By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licenses stated above. Subject to the foregoing, the owner of such content placed on FF&E DIGITAL ENTERPRISES retains any and all Rights that may exist in such content. 

5. DATA PROTECTION, USE AND COOKIES

FF&E DIGITAL ENTERPRISES may place information concerning the Customer on a computerized directory for internal use only. The supplier will never disclose a Customers details to any third party unless required to by law or unless specifically instructed to the contrary by the Customer.

In creating interfaces onto the World Wide Web, FF&E DIGITAL ENTERPRISES may gain certain access to the Customers data/information. It is the responsibility of the Customer to define the degree of access to be enacted and denies all liability both legally and for consequential damages and all forms of economic loss should commercial loss or damage occur as a result of the access to the Customer's data/information.

We confirm that your Personal Information is used for the following purposes:
1. To Process your Orders;
2. For statistical purposes to improve this Website and its services to You;
3. To administer this Website;

When You register on this Website You are given the option to receive news and updates from Us by email and post which We feel may be of interest to You.

Your Personal Information may be disclosed to other businesses within the group of which we are a part and to reputable third parties engaged by FF&E DIGITAL ENTERPRISES to perform a variety of functions such as processing your Orders, assisting with promotions or providing technical services for our Websites. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable Data Protection and consumer legislation.

You should be aware that if FF&E DIGITAL ENTERPRISES is requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and/or User Information we are entitled to do so.

Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as personalization and to store items in your Shopping Basket between visits. Most Web browsers automatically accept cookies, but you can change your browser to prevent that. Even without a cookie, you can still use most of the features on this Website, including placing Products in your shopping Basket and purchasing them even at a later date. 

6. THIRD PARTY WEB SITES, GOODS AND SERVICES

FF&E DIGITAL ENTERPRISES may offer links to third party web sites that are not operated by/or affiliated with FF&E DIGITAL ENTERPRISES. We make no representations as to the quality, suitability, functionality or legality of any websites to which we may provide links or any goods or services available from such sites, and no such representations should be inferred or construed whether from such provision or otherwise. If you visit any of the linked sites You should review its privacy and other policies. We are not responsible for the policies and practices of other companies.

All matters concerning any goods and services that you purchase from a third party site, including, without limitation all contract terms are solely between you and the owner of that site and FF&E DIGITAL ENTERPRISES will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against FF&E DIGITAL ENTERPRISES with respect to any such sites.

Subject to the terms of our Privacy Policy, FF&E DIGITAL ENTERPRISES may, from time to time, send e-mail messages to you containing advertisements or promotions including links to third parties. FF&E DIGITAL ENTERPRISES makes no representation or warranty with respect to the quality, suitability, or functionality of any goods or services which may be obtained from third parties as a consequence of these e-mails, and you agree that FF&E DIGITAL ENTERPRISES shall have no liability with respect thereto. 

7. DESCRIPTION AND AVAILABILITY

FF&E DIGITAL ENTERPRISES takes all reasonable measures to ensure that details, measurements and descriptions of Products given on this Website are as accurate and complete as possible but there may be variations between these and the Products themselves. All Products are subject to availability.

8. PRICE

All Prices appearing on this Website are indicative. Thus all prices advertised are subject to such changes where applicable at the current rates.

Whilst FF&E DIGITAL ENTERPRISES ensures that all details, descriptions and prices which appear on this Website are accurate, prices may change or errors may occur. If we discover an error or a variation in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct or updated price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If FF&E DIGITAL ENTERPRISES cancels and you have already paid for the goods, you will receive a full refund.

Due to circumstances beyond our control prices on this Website are indicative and may have to be altered, including any variations in the tax rates. If this occurs after placing an order but before payment is made you will be notified and requested to reconfirm your Order at the updated price.

By notifying You, We shall be entitled to cancel any Contract in whole or in part to the extent that it is for the purchase of a Product the price of which was stated differently on the Website.

The cost of your Order will be the price of the Products ordered plus the appropriate delivery charges which will be clearly reflected on the invoice. 

9. ORDERING

By placing an order you are offering to purchase a product subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between you and FF&E DIGITAL ENTERPRISES for the purchase of the goods will not be formed until your payment has been confirmed by us.

The Purchaser will place an order for the Products by providing the information required on the Order Form or other information requested by us.

The Purchaser will provide sufficient information to clearly identify the location required for the purpose of delivery of the product bought.

If the address information supplied by the Purchaser does not indicate an actual property in Nigeria on FF&E DIGITAL ENTERPRISES records then FF&E DIGITAL ENTERPRISES may offer the Purchaser an opportunity to substitute a different location. Subject to the above, the Purchaser is unable to cancel the order once payment has been confirmed by FF&E DIGITAL ENTERPRISES in accordance with the Purchaser's order.

The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, delivery, payment terms, or return policies.

10. BREACH OF TERMS

FF&E DIGITAL ENTERPRISES shall, with or without notice be entitled to restrict, suspend or deny you access to FF&E DIGITAL ENTERPRISES or take such other action as FF&E DIGITAL ENTERPRISES deems appropriate if FF&E DIGITAL ENTERPRISES determines that you are in breach or serious breach of any of the Terms of agreement or if FF&E DIGITAL ENTERPRISES considers that your use of the website is inappropriate or otherwise unacceptable.

The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which FF&E DIGITAL ENTERPRISES may have against you in respect of your breach of these Terms of Service.

FF&E DIGITAL ENTERPRISES shall be entitled to disclose your user identity and details if required or requested by the Courts or other law enforcement authorities and/or agencies or in such other circumstances as FF&E DIGITAL ENTERPRISES in its sole discretion considers reasonably necessary or appropriate. 

11. EVENTS OUTSIDE OUR CONTROL (FORCE MAJEURE)

FF&E DIGITAL ENTERPRISES will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control including Acts of God, malicious acts of damage, Government authority.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, in particular (without limitation) the following:-

a) Industrial action such as strikes.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
d) Impossibility of the use of shipping, motor transport, railways, aircraft, or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we may extend the time for performance during that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Agreement may be performed despite the Force Majeure Event. 

12. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY

FF&E DIGITAL ENTERPRISES expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law. The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law FF&E DIGITAL ENTERPRISES and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with FF&E DIGITAL ENTERPRISES and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FF&E DIGITAL ENTERPRISES.

13. INDEMNITY

You agree to indemnify and hold FF&E DIGITAL ENTERPRISES, its directors, officers, employees and affiliates harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this website, the violation of these Terms of Service by you, or the infringement by you, or any other person, of your account, or of any intellectual property or other right of any other person or entity.

14. ALTERATION

FF&E DIGITAL ENTERPRISES has the right and absolute discretion to remove or vary the services and/or any page of this Website at any time without notice to amend.

15. ENFORCEABILITY

Should any part of the terms under this agreement be held to be void, invalid, unenforceable or illegal by a Court, the enforceability and validity of the other provisions shall not be affected thereby, all other clauses remaining in full force and effect. So far as possible where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

16. WAIVER

Any failure or delay by us to enforce strict performance by your breach of any of the terms and conditions of use of this website or to exercise any right under the Terms will not be construed as a waiver to any extent of our rights. We will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

17. APPLICABLE LAW

These terms and conditions under this Agreement shall be interpreted and construed with the laws of the Federal Republic of Nigeria which shall from time to time be in force. Any dispute or difference of any kind arising between the Parties in connection with or arising out of this Agreement shall be referred to arbitration as hereinafter provided.

Prior to reference to arbitration, the Parties shall promptly and in good faith negotiate with a view to arrive at a settlement. Where settlement is not achieved by negotiation within 45 days from the date in which the dispute or difference was referred to arbitration, then either Party may by written notice require that the matter be referred to arbitration.

The arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, Laws of the Federation of Nigeria 2004 and shall be conducted by a sole arbitrator selected by the mutual agreement of the Parties. Where the Parties fail to reach an agreement on the appointment of an arbitrator, the arbitrator will be appointed by a Judge of the Lagos State High Court.
The arbitration proceedings shall be conducted in Lagos State (Nigeria), unless the Parties agree otherwise.

18. THE ENTIRE AGREEMENT

These Terms and conditions of use and the Privacy Policy constitute the entire agreement between all parties and supersede any and all preceding and contemporaneous agreements between you and FF&E DIGITAL ENTERPRISES as to your use of this website. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of FF&E DIGITAL ENTERPRISES.

DELIVERY

We will confirm the expected delivery date during the Order Confirmation Stage, before payment is made. Any guarantees or representations made as to delivery times are subject to change which may result from postal, shipping, freight delays or force majeure for which we will not be responsible.

All delivery times and prices are subject to the availability, quantity and location of the products ordered.

Please note that deliveries of goods may be phased.