Conditions

PREAMBLE

Jibcheers.com is a leading online retail store and information site for health, beauty, wellness, and personal care products. Jibcheers.com, its sellers, affiliates, and fulfillment partners (“seller,””we,” “us,” “our”) want each visitor to the Site (“you”) to have a safe, cheerful visit, so we have established the following terms and conditions so that we (we and you) know what to expect from each other.

Acceptance, Amendments And Modifications Of This Agreement Thereof

The Site reserves the right, to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.

Kindly review the Terms and Conditions listed below diligently prior to using this website as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website.

Copyright

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.

Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Jibcheers.com, or its respective content providers, and are protected by Nigerian and international copyright laws. All software used on the Site is the property of Jibcheers.com or its respective software suppliers, and such software is protected by Nigerian and international copyright laws and other laws and treaties.

Trademarks

All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are proprietary to Jibcheers.com or other respective owners that have granted Jibcheers.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of Jibcheers.com, or that is likely to cause confusion among customers, or that in any manner disparages or discredits Jibcheers.com or the other respective owners of the Marks.

Disclaimer – Beauty Products

Jibcheers.com sells products from many of the finest cosmetic and fragrance producers in the world. The use and selection of cosmetics and fragrance products and other health and beauty products (“Beauty Products”) requires care to be certain that any directions and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products.

Jibcheers.com will endeavor to provide to Customers all required product labeling information; however, Jibcheers.com is not the manufacturer of all the Beauty Products, therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings.

In providing information or advice on this Site with respect to Beauty Products, whether in chat rooms, in product descriptions, or otherwise, Jibcheers.com may rely upon advice from the manufacturers and from licensed practitioners, but Customers seeking advice from this Site shall be responsible for fully informing Jibcheers.com of any known allergies, special health or skin conditions, or other special circumstances that might be relevant to the beauty counselor providing such advice. Since Jibcheers.com is not the manufacturer of all the products it sells, Jibcheers.com does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products.

General Disclaimer – All Products

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Jibcheers.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, Jibcheers.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE Jibcheers STORE SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.

Medical Disclaimer

ALL MATERIALS AND INFORMATION PRESENTED BY Jibcheers.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT Jibcheers.COM.

In providing product information to its customers, Jibcheers.com relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.

Limitations on Liability

IN NO EVENT SHALL Jibcheers.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO Jibcheers.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF Jibcheers.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST Jibcheers.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE.

Indemnity

You agree to indemnify and hold 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 of Use and User Agreement.

Colors/Satisfaction Policy/Returns

Jibcheers.com has made every reasonable effort to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Jibcheers.com does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on this Site, please contact us as we are certain you will understand. For returned products we may not provide a refund or an exchange if the products have been opened or used unless such products are defective. Our Return Policy is as contained in the document titled “Return Policy” on our Site.

Order Acceptance/Shipping Terms/Refunds

Acceptance of all orders by Jibcheers.com occurs only upon shipment. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Jibcheers.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Jibcheers.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an authorized return of any goods sold from the Site, Jibcheers.com is not obligated to include a refund of any shipping and handling charges or gift wrap charges except when the return is for a defective product.

Delivery

We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.

Use of Voucher Codes

Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. 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 Site. Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

Online Conduct

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email. We grant you a non-transferable, revocable and non-exclusive licence to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance.

These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights, posting or transmitting on the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind. This list is non-exhaustive and similar actions are also strictly prohibited. Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

User Comments, Feedback, Postcards and Other Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, feedback, postcards and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall 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 Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

Termination of Usage

Jibcheers.com may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of Jibcheers.com, with notice, for any conduct that Jibcheers.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Jibcheers.com.

Outside Sites and Linking

The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). Jibcheers.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.

Jibcheers.com permits certain third party links to the home page of its site, provided that Jibcheers.com is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the Jibcheers.com home page without the prior written consent of Jibcheers.com. Jibcheers.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.

Severability

If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.

Waiver

The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.

Entire Agreement

This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Jibcheers.com and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Jibcheers.com without need of further notice and shall not be part of this Agreement or in any way binding upon Jibcheers.com.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our

Privacy Policy, which is available on our Site.

BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS WEBSITE.

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