THE CUSTOMERS EXPRESSLY ACKNOWLEDGE THAT THEY HAVE READ THESE GENERAL TERMS OF SALE AND HAVE ACCEPTED THEM WITHOUT RESERVATION BEFORE MAKING ANY PURCHASE.
ANY PURCHASE MADE IN STORES OR ON THE www.manellstudios.com WEBSITE IMPLIES THE CUSTOMER'S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS OF SALE AND THE GENERAL TERMS OF USE.
THE RIGHTS AND OBLIGATIONS HEREUNDER are without prejudice to any and all mandatory, non-waivable, and more favorable provisions which may apply under local law INCLUDING THOSE SPECIFICALLY PROVIDED UNDER SECTION 17.
ARTICLE 1. DEFINITIONS
For the purpose of these terms of sale, words, terms and expressions hereafter shall have the meanings set forth below, if not defined elsewhere in these terms of sale.
"Agreement": shall mean: (i) the summary of the Order sent by the Company to the Customer after validation of the Order, the details of which also appear on the User Account, or the receipt issued or sent by the Company to the Customer following a Purchase at one of the Stores; and (ii) these TOS.
"Customer": shall mean any User, end-consumer natural person or non-professional legal entity, excluding any reseller or intermediary acting on behalf of a reseller, who proceeds with a Purchase.
"TOS": refers to the provisions set forth herein which detail the rights and obligations of the Company and the Customer in connection with the purchase of Products.
"TOU": refers to the provisions of the general terms of use of this Site accessible on the Site and accepted without reservation by any User who wishes to proceed with a Purchase.
"Guest Account": shall mean the temporary account reserved for a User who does not wish to create a User Account and which is created only to place one single Order at a time.
"Login Identification": shall mean a confidential identifier and password allowing access to the User Account and to certain content on the Site.
"Order": shall mean any request by a Customer to purchase one or more Products on the Site, subject to validation by the Company.
"Products": shall mean any product offered for Purchase by the Company on the Site and/or in the store(s).
"Purchase" shall mean the transfer of ownership of one or more Products from the Company to the Customer, following the placing of an Order on the Site validated by the Company or a purchase at one of the Stores, and in accordance with the provisions of these TOS.
"Site": shall mean the www.manellstudios.com website from which the Company offers its Products for Purchase to the Customer.
"Stores": shall mean the brick and mortar stores or boutiques of the Company, to the exclusions of corner stores but including pop-up stores, existing at the time of Purchase.
"User": shall mean any user of the Site.
"User Account": shall mean a space reserved for the registered Users, accessible after registration on the Site via a Login Identification or through an already existing account with a third-party partner or provider and allowing them to access certain content on the Site or place an Order.
ARTICLE 2. PURPOSE AND SCOPE
The TOS apply to any Purchase of Products with the Company on the Site and/or in stores, subject to the provisions provided herein.
The TOS shall prevail over, and exclude, any documents or correspondence from the Customers.
These TOS supersede any other agreement and understanding, whether prior or concurrent, between the Company and the Customer regarding the Purchase of the Products.
The Company may update these TOS at any time. The TOS in force at the time of the conclusion of the Agreement are those that are binding upon the Customer.
ARTICLE 3. FEATURES OF THE PRODUCTS
The Products sold by the Company on the Site and/or in Stores are clothing and fashion accessories, glasses, costume jewelry, watches, publications and books, decorative items, tableware, household and bath linen, beachwear, games, vintage products, etc., the characteristics of which are described on the Site and/or can be provided by the sales staff at the Stores upon the Customer's request, and subject to their availability.
While every effort is made to ensure that the color and design of the Products the photos of which are displayed on the Site are faithful to the original Products, they may vary, in particular due to the technical limitations of color rendering on the Customer's computer hardware. Consequently, the Company shall not be held responsible or legally liable for any non-substantial errors or inaccuracies in the photographs or graphical representations of the Products appearing on the Site.
ARTICLE 4. ONLINE ORDERS
The provisions below shall exclusively apply to Orders placed on the Site.
4.1 Online Ordering Process
All Orders placed on the Site are done so through the use of a User Account or a Guest Account.
The Customer has the option to purchase one or more Products, up to a maximum of ten (10) product lines and ten (10) Products per product line, i.e., a maximum number of one hundred (100) Products per Order.
The Company reserves the right to change the maximum number of Products per basket.
The Order process is as follows:
1. Acceptance of the TOU of the Site.
2. Product selection.
3. Adding the Product(s) to the shopping cart.
4. Checking the content of the Customer's selection.
5. Logging in to the User Account or creating a Guest Account.
6. Verification of the Customer's Order summary.
7. Choice of payment method.
8. Acceptance of the TOS by checking the corresponding box.
9. Order validation and receipt of acknowledgment email.
10. Price collection and payment processing.
11. Processing of the Order and verification of Product availability.
12. Confirmation of the Order by email. The Agreement is deemed concluded on the date this email is sent.
13. Order tracking information provided by email and carrier tracking number.
14. Invoicing of the Order upon shipment.
4.2 Availability of the Products
The Products displayed on the Site are available while stocks last. Consequently, and unless a definitive Order is confirmed by the Company, the latter shall in no way guarantee that the Products will remain available for Purchase during a given period, or at their then displayed price.
In the event that a Product becomes unavailable after an Order has been placed, the Company shall: (i) inform the Customer by email or telephone as soon as possible; and (ii) proceed with the reimbursement of the Customer for the unavailable Product, on the payment method used for the initial payment.
The Company reserves the right to change at any time and without prior notice the Products offered on the Site.
The Company reserves the right not to accept an Order from a Customer with whom it is in dispute over a previous Order, or if the Company reasonably believes that such Customer has infringed these TOS or engaged in fraudulent activity, or for any other legitimate reason.
4.3 Price
The prices of the Products are displayed on the Site inclusive of all applicable taxes. Customers outside Nigeria may be subject to customs fees, duties, and import taxes, which are the sole responsibility of the Customer.
The Company reserves the right to modify at any time and without prior notice the prices of the Products offered on the Site.
Products are invoiced on the basis of the prices displayed on the Site at the time the Order is placed, subject to availability of the Products ordered at that time.
All Orders must be paid for immediately upon placing the Order.
4.4 Payment Terms
The Customers may pay for their Order using the following methods:
4.4.1 Payments by Credit Card
Payment may be made by Visa, Mastercard or American Express credit cards. Payment is made on the secure site of the Company's banking partner. The Customer's banking data is encrypted and is not provided to the Company.
4.4.2 Payment by Payment Application
Payment can be made via payment applications such as PayPal, PayPal Express, or Apple Pay, or other payment methods offered through the online payment provider. The Customer is deemed to have accepted the terms and conditions and privacy policy of the selected payment application.
4.4.3 Payment by Gift Cards
Gift cards are available for sale on the Site. They will have predefined amounts to be selected by the Customer at the time of Purchase and will be sent to the Customer or recipient of their choice by email.
Gift Cards are valid only for Purchases on the Site for a period of one (1) year from the date of activation. If the total amount of the Gift Card is used, the Gift Card is deactivated.
If the total amount of the Order exceeds the amount of the Gift Card, the balance must be paid with another accepted payment method. If the total amount of the Order is less than the amount of the Gift Card, the remaining balance is retained on the Gift Card for future use.
ARTICLE 5. TERMS OF DELIVERY OF PRODUCTS
The provisions below shall apply exclusively to Orders placed on the Site.
5.1 Delivery Address
The Company shall deliver the Products to the countries indicated on the Site, at the applicable delivery and shipping fees. Delivery shall be made to the delivery address validated by the Customer at the time of the Order.
The Company shall not be held responsible for any errors in the address provided by the Customer or for incomplete information, nor for any customs fees, taxes, or delays due to customs services over which it has no control.
5.2 Delivery Methods and Time Limits
The available delivery methods depend on the quantity of Products ordered and the place of delivery. If the Order relates to multiple Products, the Company reserves the right to send them in several shipments at no additional cost to the Customer.
The dates and delivery times provided by the Company are given as an indication only. The Company reserves the right to change the dates previously announced for reasons beyond its control, subject to prior notification to the Customer.
CONTACT US
For any questions regarding these Terms of Sale, please contact us:
Email: admin@manellstudios.com
Website: www.manellstudios.com