Terms and conditions

FreshFace Customer Terms and Conditions

Welcome to FreshFace! These Terms and Conditions govern your use of the FreshFace customer application and website (collectively, "the Platform"). By accessing or using the Platform, you agree to be bound by these Terms¹ and Conditions. Please read them carefully.²

1. Introduction

FreshFace is a cosmetic e-commerce platform operating in Nigeria, facilitating the purchase of skincare products by customers from various sellers, with delivery handled by FreshFace's delivery partners. These Terms and Conditions outline your rights and obligations as a FreshFace customer. The juridical rights of FreshFace are reserved with FreshFace.

2. Privacy Policy

FreshFace respects your privacy. This Privacy Policy succinctly outlines how your data is collected and used by FreshFace on the Platform. As a visitor to the Platform or a customer, you are advised to please read the Privacy Policy carefully.

3. Services Overview

As part of the registration process on the Platform, FreshFace may collect the following personally identifiable information about you: your name (including first and last name), alternate email address, mobile phone number and contact details, postal code, GPS location, demographic profile (like your age, gender, occupation, education, address, etc.), and information about the pages on the Platform you visit/access, the links you click on the Platform, the number of times you access a page, and any such Browse information.

4. Eligibility

Services on the Platform are available to users within select geographies in Nigeria. Persons who are "incompetent to contract" within the meaning of applicable Nigerian law, including undischarged insolvents, etc., are not eligible to use the Platform. If you are a minor (under the age of 18 years but at least 13 years of age), you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years, your parents or legal guardians can transact on your behalf if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

5. License & Platform Access

FreshFace grants you a limited sub-license to access and make personal use of this Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FreshFace. This license does not include any resale or commercial use of this Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Platform 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 Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FreshFace. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of FreshFace and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Platform’s or FreshFace’s name or trademarks without the express written consent of FreshFace. Any unauthorized use terminates the permission or license granted by FreshFace.

6. Account & Registration Obligations

All shoppers must register and log in to place orders on the Platform. You must keep your account and registration details current and correct for communications related to your purchases from the Platform. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting customer service.

7. Pricing

All products listed on the Platform will be sold at the Manufacturer's Suggested Retail Price (MSRP) unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of delivery. Although prices of most products do not fluctuate daily, some commodities and fresh product prices may change daily. In cases where prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

8. Cancellation by FreshFace / Customer

As a customer, you can cancel your order anytime up to the cut-off time of the delivery slot for which you have placed an order by calling our customer service. In such a case, we will credit your FreshFace wallet with any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction that defies the terms & conditions of using the Platform, we, at our sole discretion, could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

9. Returns & Refunds

We have a "no questions asked return policy" which entitles our Delivery Ambassadors to return a product at the time of delivery if, for any reason, you are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the returned products, which will be credited to your account on the Platform. This can be used to pay your subsequent shopping bills. Refunds for online payments will be processed through the same online mode within 7 working days.

10. Delivery & Shipping Charge

1. You can expect to receive your order depending on the delivery option you have chosen.
2. You can order 24/7 via the FreshFace application. Our delivery timings are typically between 06:00 AM - 02:00 PM for same-day delivery, depending on your location and chosen slot.
3. You will get free shipping on order amounts above a specified threshold, which will be clearly communicated on the Platform.

11. Your Agreements and Confirmations

By using FreshFace, you agree and confirm that:

1. In the event that a non-delivery occurs due to a mistake by you (e.g., wrong name, address, or any other incorrect information), any extra cost incurred by FreshFace for redelivery shall be claimed from you.
2. You will use the services provided by the Platform, its affiliates, consultants, and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Platform.
3. You will provide authentic and true information in all instances where such information is requested from you. FreshFace reserves the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation your details are found not to be true (wholly or partly), FreshFace has the right, in its sole discretion, to reject the registration and debar you from using the Services and/or other affiliated platforms without prior intimation whatsoever.
4. You are accessing the services available on this Platform and transacting at your sole risk, and are using your best and prudent judgment before entering into any transaction through this Platform.
5. The address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. Before placing an order, you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.

12. Prohibited Uses

You may not use the Platform for any of the following purposes:

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offense or results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Platform.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to the Platform.
7. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.

13. Product Colors

We have made every effort to display the colors of our products that appear on the Platform as accurately as possible. However, as the actual colors you see will depend on your device's monitor, we cannot guarantee that your monitor's display of any color will be accurate.

14. Modification of Terms & Conditions of Service

FreshFace may at any time modify the Terms & Conditions of Use of the Platform without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Platform. You should regularly review the Terms & Conditions on the Platform. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service, you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Platform.

15. Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of Nigeria. The Courts in Lagos, Nigeria, shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference, either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by FreshFace, and their decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004, as amended from time to time. The arbitration shall be held in Lagos, Nigeria.

16. Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Platform on or by this Platform or otherwise disclosed, submitted or offered in connection with your use of this Platform (collectively, the "Comments") shall be and remain the property of FreshFace. Such disclosure, submission or offer of any Comments shall constitute an assignment to FreshFace of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, FreshFace exclusively owns all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. FreshFace will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. FreshFace is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Platform will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". FreshFace does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Platform. You grant FreshFace the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify FreshFace and its affiliates for all claims resulting from any Comments you submit. FreshFace and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

17. Copyright & Trademark

FreshFace, its suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials that appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of FreshFace's or any third party's intellectual property rights. All rights, including copyright, in this Platform are owned by or licensed to FreshFace. Any use of this Platform or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of FreshFace. You may not modify, distribute, or re-post anything on this Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of FreshFace, its affiliates, its partners, or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Platform. Access to this Platform does not authorize anyone to use any name, logo, or mark in any manner. References on this Platform to any names, marks, products or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply FreshFace's endorsement, sponsorship, or recommendation of the third party, information, product, or service. FreshFace is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Platform (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Platform for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software. All software used on this Platform is the property of FreshFace or its licensees and suppliers and protected by Nigerian and international copyright laws. The Contents and software on this Platform may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Platform is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by FreshFace, one of its affiliates, or by third parties who have licensed their materials to FreshFace and are protected by Nigerian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Platform is the exclusive property of FreshFace and is also protected by Nigerian and international copyright laws.

18. Objectionable Material

You understand that by using this Platform or any services provided on the Platform, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any service at your sole risk and that to the fullest extent permitted under applicable law, FreshFace and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

19. Indemnity

You agree to defend, indemnify, and hold harmless FreshFace, its employees, directors, coordinators, officers, agents, interns, and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to FreshFace or any third party, including but not limited to breach of any warranties, representations, or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

20. Termination

This User Agreement is effective unless and until terminated by either you or FreshFace. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Platform. FreshFace may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Platform. Such termination will be without any liability to FreshFace. Upon any termination of the User Agreement by either you or FreshFace, you must promptly destroy all materials downloaded or otherwise obtained from this Platform, as well as all copies of such materials, whether made under the User Agreement or otherwise. FreshFace's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Platform or affect any liability that may have arisen under the User Agreement.