Terms & conditions
By accessing, browsing and / or ordering from the Website, any and every person (Customer, User or otherwise) is agreeing to the following Terms and Conditions as set out by OBA Couture. Any person not in agreement with any of these Terms and Conditions should not use, access, browse or Order from the Website.
1. Definition of terms:
“Agreement” – see below
“Product” – means any item described as for sale on the Website
“Website” – means www.obacouture.com.ng as owned and operated by Mrs Olubukola Asafa and contains material owned by OBA Couture.
“Terms and Conditions” – means the general terms and conditions of the sale as set out herewith and may be referred to as ‘Terms of Service’
“User” – any person who accesses the Website for any purpose not limited to perusal, browsing and placing an Order
“Order” – an offer by the Customer to purchase any one or more product/s from the Website
“Customer” – means that person placing an Order for Products through the Website
“OBA Couture” – the copyrighted name of the business to which these terms and conditions relate as created and owned by Mrs Olubukola Asafa
“Sale” – means an agreement between the Customer and OBA Couture for the sale of a Product in accordance with the Terms and Conditions and the Information contained within the Website
“Information” – means any piece of information on the Website.
2.1 Any person choosing to access the Website from a location outside of Nigeria is responsible for ensuring their own compliance with local laws and regulations. OBA Couture is not to be held accountable or liable for any access to the Website which may contravene the local law of a person accessing the same.
2.2 The Website is directed at Users and Customers who are accessing the Website from within Nigeria.
2.3 Any disagreement arising from these Terms and Conditions at any time will be dealt with under the law as prescribed within the jurisdiction of Nigeria.
2.4 OBA Couture reserves the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. OBA Couture may exercise this right on a case-by-case basis.
2.5 Customers may not use OBA Couture products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3. Terms and Conditions of Sale
3.1 Any Sale made through the Website is conditional upon the Customer agreeing to the following:
a) Unless agreed prior to the Order being made, any Product Ordered or purchased through the Website is for personal use, or for the purpose to be gifted to another person for personal use only meaning that commercial resale of the Product/s is forbidden.
b) Unless otherwise expressly agreed with OBA Couture prior to the Customer or User making the Order from the Website, the person placing the Order will send payment to OBA Couture in terms with the payment methods set out within the Website.
4. The Products
4.1 OBA Couture reserves the right to alter the price of its products as may be necessary from time to time and will not be liable for any loss as may be perceived or suffered by the Customer for any change in price after their Order has been placed.
4.2 OBA Couture reserves the right to limit the quantities of any Product that they offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of OBA Couture.
4.3 OBA Couture reserves the right to discontinue any Product at any time. Any offer for any Product made on this site is void where prohibited.
4.4 The price of the Products will stand as that price which is described on the Website at the time the Customer places the Order (save for any error or omission made by OBA Couture or any other third party meaning – see Errors and Omissions below).
5. Agreement between the Customer and OBA Couture
5.1 No Order can be accepted by OBA Couture until payment for the Product (including any additional cost for postage as may be stated on the Website) has been received in full by them in terms with the payment methods set out in the Website.
5.2 Once payment has been received by OBA Couture, OBA Couture will confirm that the Order has been accepted by sending an email to the Customer at the email address provided at the time of placing the Order. OBA Couture’s acceptance of the Order by sending that email brings into existence a legally binding contract (Agreement) between OBA Couture and the Customer.
6.1 The Customer may cancel their Agreement with OBA Couture for the Products ordered at any time up to the end of the 28th day from the date of receipt of the Product/s EXCEPT WHERE OBA Couture has made the Product to bespoke measurements at the Customer’s request and where the process of making the bespoke Product has already begun. Where a Customer wishes to cancel their Agreement with OBA Couture with regards to a Product that they have requested to bespoke specification, OBA Couture can only offer a refund where the product has a fault or where the making process has not yet begun. In this circumstance the Customer should contact OBA Couture as soon as possible as delay in communicating their decision may result in OBA Couture being unable to offer any refund.
6.2 In relation to non-bespoke Products OBA Couture will not require the customer to give a reason for cancelling the Agreement but may ask from time to time for the purposes of information.
6.3 To cancel an Agreement the Customer must contact OBA Couture in writing as soon as practicable after making their decision to cancel the Agreement and within 28 days of the Agreement begin made.
6.4 If when the Customer contacts OBA Couture to cancel the Agreement, the Product has already been dispatched and received by them, the Customer agrees to return the Product in perfect condition together with its original packaging and delivery note in terms with the returns policy as set out on the Website. The Customer is advised to take a copy of the delivery note prior to sending it back for their own purpose.
6.5 Products returned to OBA Couture will be sent back at the Customer’s own risk and as soon as practicably possible. OBA Couture will not be liable for any damage incurred in transit so it is important that the Customer ensures the product is adequately packaged when returning a Product.
6.6 There has been a technical error on the Website or otherwise which results in OBA Couture’s need to cancel the Agreement
6.8.1 In this circumstance:
a) OBA Couture will notify the Customer in writing as soon as practicably possible when it becomes apparent that an Order cannot be fulfilled in whole or in part.
b) OBA Couture will refund the Customer their payment for that Order or part of the Order as soon as possible or within 30 days of the date the Customer was contacted by OBA Couture.
6.9 OBA Couture reserves the right to refuse service to anyone for any reason at any time.
7.1 Once a Customer places an Order and OBA Couture has entered into an Agreement with the Customer in accordance with these Terms and Conditions, the Product/s will be dispatched as soon as practicably possible and in terms with the information on the Website. By placing an Order with OBA Couture, the Customer is acknowledging and agreeing to the following:
a) that delivery times for Products made to requested specifications (bespoke) will be longer. Should the Customer require a Product for a particular time they must make this clear to OBA Couture before they place the Order to allow OBA Couture to advise whether their timescale is possible
b) that OBA Couture will make its best endeavours to ensure Product/s are dispatched on time but that at times, not limited to but including times of sale and festive periods, dispatch and or delivery times may be longer
c) that OBA Couture is not liable for delays in delivery as caused by the postal service or company used by them in delivering the Products to the Customer and that any loss or damage sustained by the postal company or service will not be OBA Couture’s liability.
7.2 Due to the fact that OBA Couture is a small business, it may, from time to time, have periods where the makers are not working on Products. In such a circumstance, details will be provided upon the Website including altered dispatch and Delivery times.
8. Bespoke Items
8.1 Where OBA Couture is asked by a Customer to create a Product to personal specifications or measurements OBA Couture:
a) may be unable to offer a refund on the item should the Customer change their mind in accordance with these Terms and Conditions
b) is not responsible for any mistake made by the Customer with regards to the information they provide to OBA Couture, including but not restricted to measurements
c) reserves the right not to accept an Order for a Bespoke item if it is of the opinion that the Product cannot be made to the required standard due to the requests made by the Customer.
9.1 By purchasing a handmade item made by OBA Couture (herein referred to as the ‘Product’) from OBA Couture customers are accepting that due to the techniques used by OBA Couture to dye the leather their product will change in appearance. The leather will change in appearance over time not limited or restricted to the following examples:
a) the leather may take on colours from any non-colourfast fabrics it comes into contact with
b) the leather will age over time which may result in the product changing in shape or stretching
c) over time the leather will darken when it is exposed to sunlight
d) over time the leather will change in colour and appearance when it is handled due to the natural oils which are present on the owners’ skin
e) the leather is liable to scratch and mark when it comes into contact with clothes and other items
f) leather may mark if it comes into contact with liquid
9.2. OBA Couture offers all customers a ‘Lifetime Warranty’ on their Products purchased from OBA Couture.
‘Lifetime Warranty’ is defined as a warranty on any product made by and purchased from OBA Couture. OBA Couture will offer a ‘Lifetime Warranty’ on the following only:
b) rivets (this expressly excludes any kind of eyelets)
9.3.1. OBA Couture expressly excludes the following from its ‘Lifetime Warranty’:
a) any defect resulting in the leather or other fabric used to form whole or part of the Product including defects arising from a default in the manufacture of fixings such as (but not limited or restricted to) rivets or buckles
b) repairs required due to misuse of the Product such where the Product has been mistreated or used for any purpose other than the purpose intended and/or
c) where care guidelines have not been followed
9.4 OBA Couture may from time to time use their discretion to agree to make repairs to Products beyond the terms of this Warranty. In such circumstances OBA Couture will at their discretion agree the terms of the repair at the time. Such repairs may attract a charge to be agreed with the customer before the Product is repaired. Where a charge is agreed, OBA Couture has the right to keep the item in its possession until payment of the agreed charge is made.
9.5 OBA Couture reserves the right to refuse to repair any Product under these terms at their discretion and for any reason not limited to or restricted by those reasons outlined above.
9.6 OBA Couture may from time to time be unable to repair a damaged item. Where an item cannot be repaired OBA Couture will return the item to the customer at no postage cost to them. In this circumstance OBA Couture will not be liable for the cost of postage incurred by the customer for sending the item back to OBA Couture. OBA Couture will not be liable for any compensation towards the customer in this circumstance.
9.7 OBA Couture reserves the right to alter the terms of this warranty at any time. Any changes made to this warranty will be made at OBA Couture’s discretion and will bind all customers regardless of when the Product was purchased.
9.8 Due to the availability of the fixings (for example but not limited or restricted to rivets and fastenings) and threads (for example but not limited to colour or material) when a customer returns a Product to OBA Couture for repair they are in agreement with the following:
a) that if an original fixing or thread cannot be replaced with a similar fixing or thread to that used on the original Product Colville Leather will at their discretion choose an alternative fixing or thread to use in the repair of the product
b) OBA Couture will aim to dispatch your repaired Product to you within 6 weeks of receiving it for repair but there may be circumstances where this might be longer (not restricted or limited to Holiday Periods) OBA Couture will endeavour to keep the customer updated as to when their Product will be dispatched
9.9 There may be instances when an OBA Couture Product may not be repairable in such circumstances the following will apply:
a) OBA Couture will return the product to the customer as soon as it has become apparent that the item cannot be repaired with an explanation as to why this is
9.10.1 OBA Couture will not charge the customer for the postage fee incurred by return of the Product to the customer. OBA Couture is not liable for the postage fee incurred by the customer in returning the product to OBA Couture for the purpose of this warranty, at any time.
10. The Website
10.1 The Website is operated by OBA Couture. Throughout the Website, the terms “we”, “us” and “our” refer to OBA Couture. OBA Couture offers the website, including all information, tools and services available from this site to Users and Customers and anyone else as may access the website conditioned upon their acceptance of all terms, conditions, policies and notices stated within the Website.
10.2 OBA Couture has made every effort to display as accurately as possible the colours and images of the Products that appear. OBA Couture cannot guarantee that the User / Customer’s computer monitor’s display of any colour will be accurate. Due to the nature of the leather, each Product may vary from the photos shown on the Website.
10.3 OBA Couture reserves the right at any time to modify or discontinue trading through the Website (or any part or content thereof) without notice at any time.
10.4 OBA Couture shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
10.5 All headings used in the Website (including in the Terms and Conditions) are included for convenience only and will not limit or otherwise affect these Terms.
10.6 Any new features or tools which are added to the current Website shall also be subject to the Terms and Conditions. Customers / Users can review the most current version of the Terms and Conditions at any time on the Website or by asking OBA Couture to provide a copy. OBA Couture reserves the right to update, change or replace any part of the Terms and Conditions by posting updates and/or changes to the Website. It is the User / Customer’s responsibility to check this page periodically for changes. User/Customers’ continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
10.7 Users / Customers must not transmit any worms or viruses or any code of a destructive nature.
10.8 A breach or violation of any of the Terms will result in an immediate termination of any Order.
10.9 We do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
10.10 All Users / Customers understand that their content (not including credit card information), may be transferred unencrypted and involve
a) transmissions over various networks; and
b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
10.11 All Customers agree to provide current, complete and accurate purchase and account information for all purchases made through the Website; they also agree to promptly update account and other information, including email address and credit card numbers and expiration dates, so that OBA Couture can complete your transactions and contact you as needed.
10.12 Any use by Customers / Users of optional tools offered through the site is entirely at their own risk and discretion and must ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.1 If, at OBA Couture’s request, a person sends certain specific submissions (for example contest entries) or without a request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), that person agrees that OBA Couture may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to them. OBA Couture are and shall be under no obligation:
a) to maintain any comments in confidence;
b) to pay compensation for any comments; or
c) to respond to any comments.
12.1 OBA Couture reserves the right to modify these Terms and Condition at any time and without giving any notice to Users or Customers and such modifications shall take immediate effect when the changes are communicated to Users and/or Customers by email or when the Terms and Conditions are updated on the Website, whichever is the soonest. Users and Customers are bound by revisions to these Terms and Conditions and must always refer to them when using the Website or placing an Order. Use of the Website by Users and Customers is deemed as their accepting these Terms and Conditions.
12.2 If any part of these Terms and Conditions is found to be unenforceable the remaining Terms and Conditions will remain unaffected.
12.4 These Terms and Conditions must be considered along with all information, pricing and policies as included on the Website.
13.1 The Customer must contact OBA Couture as soon as possible in the event a Product is not delivered or is delivered in a state of disrepair to Product or packaging to enable OBA Couture to assist the Customer and advise them of appropriate options as may be available, for example such as a replacement Product or refund. OBA Couture will require photographic evidence of a damaged parcel to assist with enquiries and investigations with the postal service / company.
13.2 Save as may be prescribed in law OBA Couture is not liable for any loss or damage to person or property arising out of any of the Products appearing on the Website. If Customers have concerns, they are invited to discuss these with OBA Couture before placing an Order.
13.3 OBA Couture will not be liable for any loss or damage sustained for any item due to any event beyond their control which may include circumstances whereby leather dye happens to rub off onto or mark any other items (including but not restricted to garments, furniture etc)
13.4 OBA Couture will not be liable for the payment of compensation at any time whatsoever, not limited to but including where there may be disappointment suffered as a result of OBA Couture being unable to fulfil an Order or where the Customer wishes to return their Order.
13.5 OBA Couture is not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at the User/Customer’s own risk.
13.6 The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Users’ reference only. OBA Couture reserves the right to modify the contents of the Website at any time, but they have no obligation to update any information on the Website. The Users / Customers agree that it is their responsibility to monitor changes to our site.
13.7 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
13.8 OBA Couture undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. 13.6 Save for fraud or fraudulent misrepresentation, OBA Couture shall have no liability for any such representation being untrue or misleading.
14. Errors and Omissions
14.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
15.1 The Website including but not limited to design, graphics, photography, and information is copyright of OBA Couture and must not be copied at any time save for where a Customer or User wishes to copy or print parts of the website for the purpose of making an Order or sharing the Website with other Users. Any other reproduction, modification, distribution of the Website or part of for any other purpose is forbidden without the prior consent of OBA Couture.
15.2 Users / Customers agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website without express written permission by OBA Couture for any reason other than that stated above.
Questions about the Terms and Conditions should be sent to OBA Couture at email@example.com
Everyone has a right to know what information is collated about them how their information is stored. The aim of this statement is to explain what information OBA Couture collects about its customers on this website and the reasons why.
OBACouture will collect the following information from its customers when an order is placed:
* customer’s full name
* email address
* postal address
* telephone number
This information is stored with the customer’s order, and such information would not be added to OBA Couture’s mailing list unless this is explicitly agreed. The only time such information may be used is with reference to the order made.
Where a customer has opted to receive OBA Couture’s newsletters their name and email addresses are stored with Mailchimp. OBA Couture uses Mailchimp to process and store its customers details for the purposes of creating and sending out newsletters and promotional information. Customers can opt out of receiving these emails at any time by simply unsubscribing from the mailing list.
16.2 Bank details
These are currently dealt with only by Paystack; OBA Couture does not get access to these details and can only see what payment method the customer has used.
16.3 Third Party Sites
OBA Couture will not pass customer information on to any third parties other than those disclosed and any necessary to compile and complete orders (except where required by law). Customers can look up the privacy policies of those third parties for further information about how they store data, including:
* Mailchimp (used to process and send out newsletters and store recipients’ names and addresses)
* WordPress (the website host)
* All the parties used to collect payment (being the customer’s choice from those listed above)