TERMS OF CONDITIONS OF SALE
GENERAL
You confirm that you are at least 18 years of age or are accessing the Website under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making purchase.
These Terms of Conditions of Sale fully govern the sale of goods and services purchased on this Website. No extrinsic evidence, whether oral or written, will be incorporated.
FORMATION OF CONTRACT
Both parties agree that browsing the Website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of y our ordered products.
Before your order is confirmed, you may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Website reserves the right to refuse or cancel any order for any reason at any given time.
ACCEPTANCE OF ELECTRONIC DOCUMENTS
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.
PAYMENT AND PRICING
We are determined to provide the most accurate pricing information on the Website to our Users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve to refuse or cancel any order. In the event that an item is mispriced, we may at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
USE OF VOUCHER CODES
Our Website accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Website entitle you at the time of ordering a product to a saving on the order being placed on our Website. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Website.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refund policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
LIABILITY OF PARTIES ON PEACOCK MARKETS
We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on Peacock Markets are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and the sellers on Peacock Markets.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or any representations in tort, for all transactions conducted on Peacock Markets.
DELIVERY
This Website is only for delivery of products to customers across the world. We make every effort to deliver goods within the estimated timescales set out on our Website; however delays are occasionally inevitable due to our unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimate timescales where they did not occur due to our fault or negligence.
RETURN POLICY
Our Return Policy is as contained in the document titled “Return Policy” on our Website.
INDEMNITY
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these terms and Conditions of Sale.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria, subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
ARBITRATION
Any controversy, claim or dispute arising out of a relating to these terms of Conditions of Sale will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federal of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and who has experience in the Information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Website reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
SEVERABILITY
If any portion of these terms of Conditions of Sale is held by any court or tribunal to be invalid or unenforceable , either in whole or in part, then that part shall be severed from these Terms and Conditions of sale and shall not affect the validity or enforceability of any other section listed in this document.
MISCELLANEOUS PROVISIONS
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.
Assigning or sub-contracting any of your rights or obligations under these Terms of Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign, or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and conditions of Sale to any third party.