TERMS & CONDITIONS

Please read these Terms and Conditions carefully before using this website. These Terms and Conditions govern your access and use of this website. By accessing or using this website, you agree to be bound by these Terms and Conditions.  anniemarieng.com reserves the right to make changes to this website and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this website.

The Agreement

These Terms and Conditions is an agreement between you and us. It details our obligations to you. It also highlights certain risks on using our services and you must consider such risks carefully as you will be bound by the provision of this agreement through your use of this website or any of our products and services.

Age Restriction

Our website and Services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.

Registration

To use anniemarieng.com you have to create a anniemarieng.com account by registering. To register, you will provide us with certain information such as your name, email address and phone number and we may seek to verify your information, after which we will approve your account unless deemed risky. You give us permission to do all these.

Use of Site

You are granted permission to access and use this website and its content for the sole purpose of ordering products or services solely through anniemarieng.com (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the content is authorized or permitted. Obtaining products from anniemarieng.com does not entitle you to use any portion of content apart from the finished products as they are supplied by  anniemarieng.com.

Without limitation, no portion of the content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the website to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. anniemarieng.com may terminate its service to customers found to be using anniemarieng.com to engage in undesirable activities.

For special request orders and custom made items, you are solely responsible for your use of content in combination with any other images, graphics, text or other materials you incorporate into your orders. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in the products purchased from us unless you have obtained the appropriate authorizations from the owners. You warrant that your purchased products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into the products purchased from us  including any third party material made available via a third party design service which may be accessed via the website. By placing an order on this website, you warrant that you have all necessary permission, right and authority to place the order and you authorize anniemarieng.com to produce and deliver your order.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

anniemarieng.com have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer or phone monitor’s display of any color will be accurate.

anniemarieng.com reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

anniemarieng.com reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit or debit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit card numbers with expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Annie Marie and all parties from whom anniemarieng.com has licensed portions of content, and their directors, officers, and employees are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedbacks and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send reviews, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, WhatsApp, any of our social media handles or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Annie Marie and all parties from whom anniemarieng.com has licensed portions of content, and their directors, officers, and employees shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Kindly view our Privacy Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on anniemarieng.com site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. anniemarieng.com reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Approvals

For special orders and custom made items, prior to producing the items designed using your templates and pictures, we make an electronic proof of the product available for your approval. You are responsible for approving these proofs. You accept that once you have approved the proof, the Products cannot be changed nor cancelled. We shall have no liability to you for any errors in the proof subsequently discovered by you. For order made using your own design files, anniemarieng.com shall not be held liable for errors due to mistakes on files uploaded.

Availability and Delivery

Unless there are exceptional circumstances, your products will be dispatched for delivery in accordance with the delivery service chosen by you during the ordering process. Business days are Monday to Friday, excluding public holidays. Where delivery is delayed due to exceptional circumstances, we will complete the work as soon as we reasonably can. Where delivery is not possible as a result of us being provided with the incorrect delivery address and contact details, our delivery service will return the products to us. We reserve the right to make an additional delivery charge for re-dispatch of the products to the correct delivery address.

All products will be signed for upon delivery, if anyone other than the intended recipient signs for the product and the product is subsequently not delivered to the intended recipient, we will incur no liability provided that the product was delivered to the address and the contact provided by the purchaser was reached.

Non-Delivery

You must notify us within 30 days of any failure on our part to deliver the products in order that we can investigate the failure and take appropriate action. Once you have notified us, we will then send you a form to complete and return to us. Once the form is received, we will re-deliver the products to you at no further cost or expense to you.

Risk and Title

The products will be at your risk from the time of delivery. Ownership of the products will pass to you on delivery.

Our Replacement Policy

If you believe that a product is defective, we may request that you return the product for our examination. Refer to our return policy.

Force Majeure

Annie Marie shall be under no liability if unable to carry out any provision of the contract for any reason beyond anniemarieng.com reasonable control including (without limiting the foregoing): Act of God, legislation,war, fire, flood, inadequacy or unsuitability of any instruction, data or materials required for the performance of the contract. During the continuance of such a contingency, you may by written notice to anniemarieng.com elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.

Indemnification

You agree that you shall indemnify and defend Annie Marie and all parties from whom  anniemarieng.com has licensed portions of content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms and Conditions or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into products that was not part of the standard website content.

Updates, Modifications and Amendments

We may need to update, modify or amend our Terms and Conditions as our technology evolves. We reserve the right to make changes to these Terms and Conditions at any time by giving notice to users on this page.

We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms and Conditions, the User must cease using our website and/or services immediately.

Price and Payment

The price of any product will be as quoted on our site from time to time. These prices do not include VAT and delivery costs, which may be added to the total amount due as set out in the basket section of the online ordering process or via WhatsApp as the case maybe.

Prices are liable to change at any time but changes will not affect orders in respect of which we have already sent you an order confirmation.

Orders Via Whatsapp

For all purchases made via WhatsApp, you will receive an invoice from us via email and WhatsApp. Once you make payment for your order, an evidence of payment which are a copy of bank payment slip, bank email debit alert and a copy of payment receipt from your bank app must be sent to us via email and WhatsApp for confirmation. After confirmation, a payment receipt will be sent to your email and via WhatsApp which you must acknowledge while we process your order.

Intellectual Property Right

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Annie Marie owns all intellectual property rights to and into the website, including, without limitation, any and all rights, interest in and title to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to Annie Marie without obtaining authorization from Annie Marie.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Written Communications

When using our site, you accept that communication with us will be by electronic means only. We will contact you by e-mail, the WhatsApp contact you provided or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Applicable Law

These Terms and Conditions shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL ANNIE MARIE OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGE OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT  ANNIEMARIENG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM  ANNIEMARIENG.COM, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL  ANNIEMARIENG.COM  BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORISED USE OF THIS SITE OR ITS CONTENT.

Dispute Resolution

We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms and Conditions, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by 2-3 arbitrators. The arbitrators shall be appointed by both of us (you and us), where both of us are unable to agree on the choice of arbitrators, the choice of arbitration shall be referred to the Institute of Chartered Mediators and Conciliators, Onitsha Branch. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Onitsha, Anambra State, Nigeria.

Severability

If any portion of these Terms and Conditions is held by any competent 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 and shall not affect the validity or enforceability of any other part in this Terms and Conditions.