These Sale Terms and Conditions (together with our Privacy Policy) form the contract between Whoopy Yun Fashion House (“we/us”) and you (the “user” or “you”) and sets out the legal terms and conditions (the “Terms”) on which we sell any of the products (the “Products”) listed on our Website (as defined below) to you.
These Terms will govern your use of the Website. Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from the Website.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to order Products, please check the Website for the latest Terms to ensure you understand the terms.
1. INFORMATION ABOUT US
• 1.1
We operate the online Website available at www.whoopyyunstore.com (as amended by us from time to time) (the “Website”). We are Whoopy Yun Fashion House, a company incorporated and registered in Nigeria with company number 2647827, whose registered address is Suite A2 Custom house, Idi Orogbo, Off Adeoyo state hospital road, Ring Road, Ibadan, Nigeria.
• 1.2
If you wish to contact our customer service team, please refer to the methods and details on the Contact Us page of the Website.
2. OUR PRODUCTS
• 2.1
Some of our Products can come with various manufacturers’ labels where they have been purchased from branded mainstream stores.
2.2
WARNING: Choking hazard – Some of our products contain small parts and detachable pieces which are not suitable for children under 3 years. Some Products are also dispatched in plastic packaging and should not be left with children unsupervised.
• 2.3
Whilst we try to make sure that the display and description of the Products on the Website is materially accurate, please note that we cannot guarantee that your phone/tablet/computer’s display of the colors accurately reflect the actual color of the Products. The images of the Products on the Website are for illustrative purposes only and any Products you order may vary slightly from those images.
• 2.4
We follow specific guidelines from our manufacturers about our shoe sizes. These sizes may not match the mainstream stores’ shoe sizes, however, please take note of our particular sizes. Our general shoe sizes range from a size 2 and 2 up to size 8. These sizes are advised to be the EU equivalent to a size 35 (size 2) – 41 (size 8). Kindly read through our customer reviews and also product description to get a better understanding of the shoes’ fit. You are welcome to email us at [email protected] and request for a size guide to be sent to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
• 3.1
We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy as it includes important terms which apply to you.
4. USE OF THE WEBSITE
• 4.1
You may only purchase the Products through the Website if you are at least 18 years of age. We may also specify additional requirements for all or any Products through the Website from time to time. By viewing, placing an order for Products or otherwise using the Website in any way, you are confirming that you agree to these Terms, that you are at least 18 years of age and that you comply with all such additional requirements specified by us as are applicable.
• 4.2
When making any order or request to us, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to make your order or request and that there are sufficient funds to cover the cost of the Products requested. It is your responsibility to inform us of any changes to these details as soon as possible.
5. THE CONTRACT BETWEEN US
• 5.1
Our shopping pages will guide you through the steps you need to take to place an order via the Website. Please note that where orders for several Products are made by you at the same time, we will process this via the Website as one composite order, but we reserve the right to divide the composite order into individual orders for acceptance and/or shipping, at our discretion.
• 5.2
Our order process allows you to check and amend any errors before submitting your order(s). Please take the time to read and check your order(s) at each stage of the order process.
• 5.3
After you place an order, you will receive a confirmation e-mail from us acknowledging that we have received that order (“Order Acknowledgement”) and that it is pending. Please note that this does not mean that your order has been accepted. Our acceptance of each order, on behalf of the relevant supplier for each of their Products included in that order, will take place once payment has successfully been taken for that order and the Products in that order have been dispatched.
• 5.4
You may request amendments to an order at any time prior to the Order Confirmation (as defined at clause 5.5 below) and we will endeavor to process amendments to the order received in reasonable time, however, please note that all amendment requests are subject to our discretion. All amendments have to be submitted within this time via our phone lines within opening hours and before 9.30am if the Order Confirmation was sent before 5pm the previous day.
5.5
Once payment has successfully been taken from the payment method you provided in respect of the Products included in that order, we will send you an e-mail to inform you that the order has been accepted, payment has been successfully taken and that and your Products are being packaged and dispatched (the “Order Confirmation”). We may accept/reject any individual Product prior to taking payment for and sending the Order Confirmation for that Product. Products that form part of a composite order may be accepted and dispatched to you at different times. You may receive separate Order Confirmations for each package. Such Order Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the Products specified in that Order Confirmation.
• 5.6
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on the Website as referred to in clause 9.2, we will inform you of this as soon as possible by e-mail. If this occurs before we have taken payment and sent you the Order Confirmation we will not process that part of the order. If you have already paid for and we have sent you an Order Confirmation for that Product, we will refund you the full amount including any delivery costs paid for that Product and any reasonable costs you incur in returning it to us, as soon as possible.
6. OUR RIGHT TO VARY THESE TERMS
• 6.1
We amend these Terms from time to time. Please check back to the Website regularly and before you place an order to see if these Terms have been updated.
• 6.2
Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7. YOUR CONSUMER RIGHTS
• 7.1
Our Website is only intended for sales to consumers. As a consumer, you have a legal right to cancel your order at any time before receiving the Order Confirmation or during a 7-14 day period from the date the Product(s) are delivered to you (the “Delivery Date”). This means that if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can return your Product to us within 7 days’ of the Delivery Date and receive a refund.
• 7.2
The cancellation right at clause 7.1 above does not apply in the case of certain Products, where this is indicated in the relevant Product’s description, or where the Product is perishable or is mixed inseparably with other items after its delivery. These Products include: underwear, swimwear or bra and knickers sets, pierced earrings or jewelry sets containing earrings or real body jewelry (unless the items have a manufacture fault or have been wrongly dispatched, in which case please contact us as mentioned below). Please read the Product description carefully before placing an order.
7.3
To cancel an order of a particular Product, you just need to let us know that you have decided to cancel. The easiest way to do this is by contacting our Customer Service team by following one of the methods referred to on the Contact Us page of the Website.
7.4
Please include full details of your order in your cancellation notice to help us to identify it and process your request. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time as long as you e-mail us before midnight on that day.
• 7.5
If you cancel an order we will:
o 7.5.1
refund you the price you paid for the Product(s) in that cancelled order to the same payment method which was used to purchase the Product(s) from the Website. If you used gift vouchers to pay for the Product we may refund you in gift vouchers allocated to the same user account. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
o 7.5.2
If only some of the items are returned then only part of your delivery costs included in that order will be refunded.
o 7.5.3
make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you in its original packaging (or, if you have not received the Product from us, within 14 days after you inform us of your decision to cancel the order).
• 7.6
Returning your Product:
o 7.6.1
You must return the Product you wish to return for refund to us at the returns address specified on our Website without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Products in your order. Please see our Contact Us page for our returns address. If we have offered to collect the Product from you in the Order Confirmation, please refer to the further details provided. We will email you on receipt of the returned Product and process any return requests accordingly.
o 7.6.2
Unless the Product is faulty or not as described (in this case, see clause 7.8), you will be responsible for the full cost of returning the Product to us.
o 7.6.3
The original delivery note or full valid details of your order should be included in the returned parcel together with all labels/tags intact in order for the return to be processed correctly. Returned parcels can be held by the returns department and not processed if the parcels received cannot be identified by the details provided within the package.
o 7.6.4
You may use the original packaging if you still have it but if not, please pack your Products securely in suitable packaging material. Parcels may be rejected by us if they are received damaged due to unsecure packaging.
o 7.6.5
You can either send your Products back to us via post, or hand it to our authorised carrier (if this option is available to you as specified in your Order Confirmation). If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection, further details of which will be provided in the Order Confirmation.
o 7.6.6
If you return Products to us by post, we will not be responsible for any loss or damage to them during transit and we recommend that you use a recorded or secure delivery method which requires a signature on delivery. Any cases of non-delivery of returned Products will not be considered without a valid receipt for the full postage
7.7
Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.
• 7.8
If you have returned the Product(s) to us and we are satisfied this is because they were originally faulty (other than as a result of improper use or maintenance by you), we will refund the price of the faulty Products, together with any applicable delivery charges and reasonable delivery costs you incurred in returning the item to us.
8. DELIVERY
• 8.1
Your Order Confirmation will confirm an estimated Delivery Date for the Products in your order. You may receive separate Order Confirmations for Products in your order dispatched separately. Dispatch times may vary according to supplier’s availability and representations made as to delivery dates may be subject to postal delays or an event outside our control (as described in clause 11.4) for which we are not responsible.
• 8.2
Delivery costs will be calculated by us and will be specified as part of the order process before you place the order on the Website, and will be charged in addition to the price of the Products. The estimated Delivery Date(s) will depend on the delivery service chosen.
• 8.3
Delivery of an order shall be completed when we deliver the Products to the address you provided to us (or tender delivery at that address). It is your responsibility to make arrangements (such as notifying a neighbour) to accept delivery on or a reasonable period after the estimated delivery time and the Products will be your responsibility from the time of delivery (or tendered delivery). We will not be responsible for any delays caused by customs clearance nor for any duties charges or fees payable on the export or import of any Products, which will be your responsibility.
• 8.4
Although the Delivery Dates specified are estimates only, if we miss the Delivery Date for any Products for reasons within our control, then we will notify you as soon as possible, and will provide you with further reasonable delivery options (at no additional cost to you). You may cancel your order straight away if we notify you that we will not be able to make any further delivery of those Product(s).
• 8.5
If you do choose to cancel your order for late delivery under clause 8.5 you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and applicable delivery charges.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
• 9.1
The prices of the Products and delivery charges are as quoted on the Website at the time your order is accepted and an Order Confirmation is issued. It is your responsibility to confirm with the suppliers that the prices of their Products displayed on the Website are correct.
• 9.2
It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. If we discover an error in the price of the Product(s) you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product(s) at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Product(s) to you at the incorrect (lower) price.
• 9.3
Prices for each supplier’s Products may change from time to time, but changes will not affect any order you have already placed.
• 9.4
The price of a Product includes any applicable VAT. VAT at the applicable rate will be payable by you in respect of all packaging and shipping charges.
• 9.5
All of our Products are delivered with a packing slip identifying the customer’s billing and shipping address and the Products included in that order but not the costs. An invoice is available upon request via email as soon as the Order Confirmation has been sent which shows the breakdown of Products and costs including VAT. All Products are inclusive of VAT unless delivered directly to a country that does not charge VAT.
10. HOW TO PAY
10.1
You can only pay for Products using a debit card or credit card, using flutterwave
10.2
Payment for the Products and all applicable delivery charges are due in Naira or US Dollar in advance, unless otherwise stated. Any currency conversions shall be carried out by your own bank at your cost.
11. LIABILITY
This clause 11 does not affect your statutory rights as a consumer.
• 11.1
If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time an order was placed on the Website.
• 11.2
Nothing in these Terms shall exclude our liability for personal injury, death or other liability which cannot be excluded under applicable law.
• 11.3
The Products are only supplied for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes and we have no liability to you for any indirect or consequential loss or damage or loss of profit, loss of business, business interruption, or loss of business opportunity.
• 11.4
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• 11.5
Our total liability to you in respect of any losses arising as result of non-delivery of the Products ordered by you shall in no circumstances exceed the cost of the Product(s) ordered but not delivered.
• 11.6
This clause 11 shall survive termination of the agreement between you and us.
12. PROMOTIONAL VOUCHER USAGE
Promotional voucher codes may only be redeemed once per registered account in the duration of any given promotion published on our website or received by email/text/social media/leaflet.
To qualify for a referral promo code, the referred person must (i) be a new customer, (ii) use a referral link to obtain the promo code and (iii) make a purchase on www.whoopyyunstore.com in an amount greater than the minimum amount specified in the referral offer prior to the promo code’s expiration. Referring customers will receive a referral credit in their www.whoopyyunstore.com account after the referral is confirmed and the referral credit is approved by a customer service member. Customers are limited to referring two people per household. Referring customers may only earn one referral credit per referred person. In the event a referred person returns a purchased item and their lifetime order value decreases below the minimum purchase amount, the referral credit awarded to the referring customer will be rescinded. Customers may not refer anyone who has an existing www.whoopyyunstore.com account under an alternate email address.
Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the referring customer’s referral credit and the referred person’s promo code as well as both parties’ inability to participate in this or future promotions. Referral credit cannot be applied to previous purchases, and is not redeemable for cash. This referral program is subject to modification or termination at any time without notice in our sole discretion.
13. INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the Website, including both the design, trademarks, logos and copyright of the Website, and such rights as are featured in/on the content showcased on or available for purchase through the Website. Each of the suppliers is the owner or licensee of all relevant intellectual property rights in relation to the Products showcased on the Website. You agree not to copy (in whole or in part and in any medium), nor adapt, modify or commercially exploit any of such intellectual property rights, whether they exist in or relate to the Website, any of the Products or any other rights belonging to us or any of the suppliers or their licensors.
14. INDEMNITY
You agree to keep us fully indemnified against any claims, liability, loss or damage arising from your breach of these Terms.
15. WAIVER
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16. SEVERANCE
Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17. GOVERNING LAW
These Terms are governed by Nigerian law.
Last updated: 4th January, 2022