| Welcome to Shoppersark.com. Shoppersark.com and its affiliates provide their services to you subject to the terms and conditions given hereunder. If you visit us at Shoppersark.com, you accept these terms and conditions. Please read them carefully. In addition, when you use any current or future Shoppersark.com service (e.g. Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Shoppersark.com, whether or not included in the Shoppersark.com web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Shoppersark. By using the shopping services of Shoppersark you agree to be bound by these terms and conditions. All products/services and information displayed on Shoppersark constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Shoppersark reserves the right to accept or reject your offer. |
| Applicable law |
| This site is created and controlled by Shoppersark. Shoppersark reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Shoppersark. |
| Definitions |
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"Shoppersark.com'' / ''Shoppersark'' / ''Website '' means the online shopping platform and the services provided by it and its affiliates owned and operated by Massimo Saverio Nigeria Ltd. which provides a venue / platform to the Users of Shoppersark to buy the products listed on Shoppersark.com.
"Merchant" / "Seller" /''Affiliates'' shall mean the person or any legal entity who offers for sale, sells the products on the Shoppersark platform / website.
''Product/Products'' means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on Shoppersark and the related description, information, procedure, processes, warranties, delivery schedule, etc.
"Customer" / "buyer" shall mean the person or any legal entity who accepts the offer for sale on Shoppersark by placing an order for and purchases any product offered for sale on the platform of Shoppersark.
"User" / ''you" means and includes any person or an entity or any legal entity using or accessing the services provided on Shoppersark. |
| Electronic Communication |
| When you visit Shoppersark or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. |
| Disclaimer of warranties and limitation of liability |
Shoppersark has made this service available to use as a matter of convenience. Shoppersark expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Shoppersark also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Shoppersark does not warrant that this site, its servers, or e-mail sent from Shoppersark are free of viruses or other harmful components. Shoppersark will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Shoppersark is provided on an "as is" basis without warranties of any kind, whether express or implied. Shoppersark does not represent or warrant maintaining the confidentiality of information; although Shoppersark’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the Merchants and the User.
Shoppersark endorses advertisers/ contents of advertisers on its web pages or other communication.
Shoppersark will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
User agrees and acknowledges that User shall be solely responsible for User's conduct and that Shoppersark reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Shoppersark, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Shoppersark sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Shoppersark shall not be liable for any delay / non-delivery of purchased goods by the Merchants, trade organization/s, manufacturers / shop etc. (Merchants), due to flood, fire, wars, acts of God or any cause that is beyond the control of Shoppersark
Notwithstanding anything contained herein, Shoppersark acts only as booking agent/platform to facilitate / integrate transactions between the buyers and sellers through various platforms (online web store, call centre, mail order catalogues, SMS. etc.) for various Partner Merchants/Affiliates/Classifieds and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users for the products or if the Merchants/Affiliates/Classifieds is not able to service the order of the User for any reason or any misrepresentation of any sort by the Merchants/affiliates/merchants. In no event shall Shoppersark, its directors, officials, representatives and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise are in Nigerian Naira. The availability of products is subject to change without prior notice at the sole discretion of Shoppersark and orders can be cancelled if the product goes out of stock.
Shoppersark reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card, debit card, bank transfer or otherwise. In the event the payment has been processed by Shoppersark the refund amount shall be credited to your credit card or debit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Shoppersark will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained. It must be done via e-mail before shipment commences.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Shoppersark for re-delivery shall be claimed from the User placing the order.
All products are duly screened and assured by the Merchants to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Shoppersark on behalf of the vendor/merchant/affiliate/merchant. All and any additional information/description, etc. for a product that is displayed/showcased on Shoppersark is on behalf of the vendor/merchant/affiliate/manufacturer and is as provided to Shoppersark. Shoppersark does not take any responsibility for any incorrect or error in the display/showcase of such information.
Shoppersark reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes.
Shoppersark and its affiliates reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
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| Trademark |
| The logo / image of Shoppersark on the home page of the website & other pages and as used in the communication to the User is registered by Shoppersark and cannot be used or communicated or distributed without the specific and written permission of Shoppersark. |
| License and Site Access |
| Shoppersark grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Shoppersark gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Shoppersark. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shoppersark.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" and Shoppersark's name or trademarks without the express written consent of Shoppersark. Any unauthorized use terminates the permission or license granted by Shoppersark. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Shoppersark as long as the link does not portray Shoppersark, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Shoppersark logo or other proprietary graphic or trademark as part of the link without express written permission. |
Your Account |
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Shoppersark does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Shoppersark only with involvement of a parent or guardian or otherwise, Shoppersark has the right to cancel any order or service to the User.
Shoppersark and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. |
| Reviews, Comments, Communications, and other Content |
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Shoppersark reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Shoppersark and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Shoppersark and its affiliates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Shoppersark or its affiliates for all claims resulting from content you supply. Shoppersark has the right but not the obligation to monitor and edit or remove any activity or content. Shoppersark takes no responsibility and assumes no liability for any content posted by you or any third party. |
| Suspension due to Non-Compliance with Agreement |
Notwithstanding other legal remedies that may be available to Shoppersark, Shoppersark may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if:
• The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Shoppersark;
• The user has provided wrong, inaccurate, incomplete or incorrect information;
• Your actions may cause any harm, damage or loss to the other Users or Shoppersark.
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Shoppersark site will
be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress. |
| Risk of Loss |
| All items purchased from Shoppersark are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier by the vendor/merchant/affiliate/manufacturer. |
| Product Description |
| Shoppersark and its affiliates attempt to be as accurate as possible. However, Shoppersark does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Shoppersark itself is not as described, your sole remedy is to return it in unused condition. |
| Pricing |
| The Selling Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the selling price may represent “open-stock” prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. |
| Material Submitted by Users |
| Certain elements of the site will contain material submitted by users. Shoppersark accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. |
| Advertising Material |
| Part of the site contains advertising/other material submitted to Shoppersark.com by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Shoppersark will not be responsible for any claim, error, omission or inaccuracy in advertising material. Shoppersark reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to Shoppersark terms and conditions which are available on request. |
| Data Protection |
| Shoppersark may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy policy. |
| Force Majeure |
| Shoppersark shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause. |
| Entire Agreement |
| These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. |
| Our Office Address |
Suite J290, Road 5
Ikota Business Complex,
VGC Ajah, Lagos.
Nigeria.
For any feedback, you can log onto www.Shoppersark.com/contact.aspx
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| PRIVACY POLICY |
Shoppersark and its affiliates respect your privacy. This Privacy Policy provides succinctly the manner your data is collected and used by Shoppersark. You are advised to please read the Privacy Policy carefully. By accessing the services provided by Shoppersark you agree to the collection and use of your data by Shoppersark in the manner provided in this Privacy Policy.
We want you to
• feel comfortable using our website
• feel secure submitting information to us
• contact us with your questions or concerns about privacy on this site
• know that by using our sites you are consenting to the collection of certain data |
| What information is, or may be, collected from you? |
We will automatically receive and collect certain anonymous information in standard usage logs through our Web server, including computer-identification information obtained from "cookies," sent to your browser from a
• Web server cookie stored on your hard drive
• An IP address, assigned to the computer which you use
• The domain server through which you access our service
• The type of computer you're using
• The type of web browser you're using
We may collect the following personally identifiable information about you:
• Name including first and last name
• Alternate email address
• Mobile phone number and contact details
• Postal code
• Financial information (like account or credit card numbers); and
• Opinions of features on our websites.
• Other information as per our registration process
We may also collect the following information:
• About the pages you visit/access
• The links you click on our site
• The number of times you access the page
• The number of times you have shopped on our web site
You can terminate your account at any time. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account. |
| Who collects the information? |
We will collect anonymous traffic information from you when you visit our site. We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
Our advertisers may collect anonymous traffic information from their own assigned cookies to your browser.
The Site contains links to other Web sites. We are not responsible for the privacy practices of such Web sites which we do not own, manage or control. |
| How is the information used? |
We use your personal information to:
• Help us provide personalized features
• Tailor our sites to your interest
• To get in touch with you when necessary
• To provide the services requested by you
• To preserve social history as governed by existing law or policy
We use contact information internally to:
• Direct our efforts for product improvement
• Contact you as a survey respondent
• Notify you if you win any contest; and
• Send you promotional materials from our contest sponsors or advertisers
Generally, we use anonymous traffic information to:
• Remind us of who you are in order to deliver to you a better and more personalized service from both an advertising and an editorial perspective;
• Recognize your access privileges to our Websites
• Help diagnose problems with our server
• Administer our websites, track your session so that we can understand better how people use our sites |
| With whom will your information be shared? |
We will not use your financial information for any purpose other than to complete a transaction with you.
We do not rent, sell or share your personal information and we will not disclose any of your personally identifiable information to third parties unless:
• We have your permission
• To provide products or services you've requested
• To help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of Shoppersark's terms of use or to defend against legal claims
• Special circumstances such as compliance with subpoenas, court orders, requests/order, notices from legal authorities or law enforcement agencies requiring such disclosure
We share your information with advertisers on an aggregate basis only. |
| What choices are available to you regarding collection, use and distribution of your information? |
You may change your interests at any time and may opt-in or opt-out of any marketing / promotional / newsletters mailings. Shoppersark reserves the right to send you certain service related communication, considered to be a part of your Shoppersark account without offering you the facility to opt-out. You may update your information and change your account settings at any time.
Upon request, we will remove/block your personally identifiable information from our database, thereby canceling your registration. However, your information may remain stored in archive on our servers even after the deletion or the termination of your account.
If we plan to use your personally identifiable information for any commercial purposes, we will notify you at the time we collect that information and allow you to opt-out of having your information used for those purposes.
What security procedures are in place to protect information from loss, misuse or alteration?
To protect against the loss, misuse and alteration of the information under our control, we have in place appropriate physical, electronic and managerial procedures. For example, our servers are accessible only to authorized personnel and that your information is shared with respective personnel on need to know basis to complete the transaction and to provide the services requested by you.
Although we will endeavor to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the Internet cannot be made absolutely secure. By using this site, you agree that we will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties. |
| Policy updates |
| We reserve the right to change or update this policy at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site. |
| Our Office Address |
Suite J290, Road 5
Ikota Business Complex,
VGC Ajah, Lagos.
Nigeria.
Customer Care Line(s): +234-01-4631616,7360054 |