Terms & Conditions

TERMS OF USE

Welcome to www.adesters.com (the “Website”). This Website is owned and operated by ADESTER LIMITED (“ADESTER”, “ADESTERS”, “we”, “us” or “our”). Please carefully read the following terms and conditions governing your use of the Website (“Terms of Use”). By accessing the Website, you agree to and are bound by these Terms of Use and our Return and Refund Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

In addition, you agree to our Messaging Terms

We reserve the right to change the Terms of Use at any time and will post any new or revised Terms of Use on the Website. Your continued use of this Website constitutes acceptance of the terms of use in effect at the time of such use. Accordingly, we recommend that you periodically visit this page to review the then-current terms of use to which you are bound.

  1. MAKE AN OFFER WITH TERMS & CONDITIONS

By submitting an offer, you are agreeing to enter into a purchase should your offer be accepted. Once you place an offer our website will place a hold on the credit card provided for the amount offered to verify the offer is valid. ADESTER will review your offer and if the price is acceptable we will process your order, if the price is too low we will void the sale and contact you to negotiate a price acceptable to both parties. The charge will not be processed and settled unless adesters.com agrees to accept the offer. Upon acceptance, you will receive an email receipt, if the offer is not the hold will be voided and you will most likely receive a counteroffer via email. When making an offer the price you are offering should be in US dollars or Naira, this is the final total so make allowances for shipping & handling costs and/or Lagos sales tax if you are a Lagos resident or picking up in-store. All offers too low to be accepted are promptly deleted, if we come to an agreement for a higher amount you can resubmit the offer at the agreed-upon price or we will send you a link to pay. After negotiation, the agreed-upon price is not eligible for any further discounts, coupons, or other promotions. Orders completed via the offer function are subject to the same return policy as any other order which can be viewed below or at adesters.com/returns. Please note any international duty, fees, or taxes are not covered by the make-an-offer price. 

  1. INTERNATIONAL ORDERS

We are happy to offer international shipping to our customers. All amounts charged for international shipping are for shipping and handling charges only! Any duty, taxes, or other fees assessed by the purchaser’s home country or state are the sole responsibility of the purchaser to pay. ADESTER will provide a best estimate of these costs if requested but these are best estimates only and actual costs may differ. It is the responsibility of the buyer to verify customs charges and invoice amounts on arrival as well as ensure the items (such as swords, knives, antique weapons, etc.) they are purchasing comply with local or national ordinances, we will not refund you for items that have been confiscated by your local authorities!

If an item is returned to us for a non-payment of customs fees/duty we will make our best efforts to contact you based on the contact information provided, buyer will have to pay the shipping charges for re-delivery. If after 15 days we are unable to contact you to arrange re-delivery we will refund your payment less shipping charges and a 40% restocking fee.

  1.   RISK OF LOSS

All purchases of items sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the items to the carrier. We carefully pack products for safe shipping, adequately insure them in transit, require a signature for orders $250 and up, and check the carriers’ reliability and punctuality. However, we cannot guarantee that any damage to, or delay in the shipping of, products offered by us will not occur and you agree that we are not responsible or liable for any such damage or delay. If you receive a damaged shipment please contact us immediately and do not throw away any of the packing materials! We will handle the claims process for you and will replace/repair the piece or refund you for the entire purchase. Read more on damaged items under our Return Policy.

  1.   PRODUCT DESCRIPTIONS

We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the Website are accurate, complete, reliable, current, or error-free. If a product ordered from us is received not as described, pursuant to our return policy, you will be eligible for a complete refund.

  1. EXPEDITED SHIPPING

Expedited shipping is available on most products but please be aware that our shipping department is open Monday through Friday 8-4 Pacific (Major Holidays Excluded). Most Overnight and 2-Day Air orders ship on the following business day. Therefore, expedited orders received on Friday will be shipped the following Monday. If you need your item shipped the same day, please call us before noon. Certain items are not eligible for expedited shipping and the item listing states as such. Standard shipping time for most items is generally within 5-7 business days, certain memorabilia pieces, oversize or fragile items, and artworks may take up to 10-14 business days to ship. Priority mail, 3-Day Select, and UPS worldwide expedited are still shipped after 5-7 business days processing time. If you need your order to ship sooner than the standard 5-7 business days please select UPS 2-day air/ overnight / worldwide express or USPS Priority Mail Express / International Priority Express shipping method.

  1.   AGE RESTRICTIONS

By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Children under the age of 13 may not use this Website. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child who is under the age of 18 but at least 13 years of age, please be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.

  1.   YOUR ACCOUNT, USERNAMES AND PASSWORDS

You may be required to set up an account with ADESTER to access certain areas of the Website. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.

You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the Website and you agree not to transfer your password, user name, account, or the use of your account, to any third party. You are also solely responsible for all interactions with the Website that occur in association with your password or username. You agree to immediately notify ADESTER of any unauthorized use of your password or user name or any other breach of security related to your account or the Website and to “log off” from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

All registration and billing information provided must be true and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

  1.   OWNERSHIP OF MATERIALS, WEBSITE ACCESS AND LIMITED LICENSE

All of the Website’s content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer-generated displays and interfaces, software, audio recordings, video recordings, audio-visual recordings, musical works, documents, articles, advertising copy and other works of whatsoever nature (collectively, the “Materials”), is owned or licensed by ADESTER and protected by applicable Nigeria and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement, and other compilation of the Materials on the Website is the exclusive property of ADESTER and is protected by Nigerian and international copyright laws.

ADESTER grants you a limited license to access the Website and make personal non-commercial use of the Materials subject to these Terms of Use. You may not modify, copy, download, distribute, transmit, display, perform, reproduce, publish, license, create works derived from, transfer, sell, or otherwise use the Materials in any way for any public or commercial purpose without the prior written consent of ADESTER. ADESTER neither warrants nor represents that your use of the Materials will not violate any law or infringe upon the rights of any third party. All rights not granted to you herein are expressly reserved and owned by ADESTER or ADESTER’s licensors.

  1.   TRADEMARKS

The registered and unregistered trademarks, trade names, domain names, service marks, trade dress and logos displayed on the Website, including, without limitation trademarks and/or services marks (collectively, the “Marks”) are owned or licensed by ADESTER. No right or license to use the Marks is granted to you under these Terms of Use and your access to or use of the Website does not authorize you to use the Marks in any manner. References to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

  1.   BLOGS, FORUMS & OTHER INTERACTIVE SERVICES OR AREAS

The Website may include discussion forums or other interactive areas or services, such as blogs, chat rooms, bulletin boards, online hosting or storage services, or other areas or services in which you or other parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for your use of the Website’s Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. Any messages, comments, data, information, text, documents, audio recordings, video recordings, audio-visual recordings, musical works, photos, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by ADESTER in its sole discretion);
  2. User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or would otherwise create liability or violate any local, state, national or international law;
  3. User Content that you do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  4. User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party. By posting User Content, you represent and warrant that you have the lawful right to transmit, distribute, reproduce and display such User Content;
  5. User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
  6. User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of ADESTER, any of ADESTER’s affiliates or any other person or entity) or falsely states or otherwise misrepresents your affiliation with ADESTER, any of ADESTER’s affiliates or any other person or entity;
  7. Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation;
  8. Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information;
  9. User Content “stalking” or otherwise harassing another user of the Website or an employee of ADESTER or any of ADESTER’s affiliates;
  10. User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s;
  11. Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
  12. User Content that, in the sole judgment of ADESTER, is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose ADESTER or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any other party. ADESTER takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any other party, or for any loss or damage thereto, nor is ADESTER liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. You understand that your use of the Website and any Interactive Areas is at your own risk and may expose you to User Content that is offensive or objectionable. As a provider of interactive services, ADESTER is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although ADESTER has no responsibility for the contents of any User Content posted in any Interactive Area, ADESTER reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the site in violation of the foregoing violates these Terms of Use for the Website and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that ADESTER may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of ADESTER or to protect the safety of our company, employees, customers or the public.

Please be aware that any User Content you post on the Website becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, we discourage you from posting on the Website any personal information that can be used to identify or locate you, such as your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

  1.   SUBMISSIONS

All comments, questions, reviews, suggestions, feedback, ideas and other submissions that you submit or offer to ADESTER in connection with your use of this Website, including, without limitation, any User Content (collectively, “Submissions”) will be treated as non-confidential and non-proprietary and become and remain the sole and exclusive property of ADESTER, unless otherwise prohibited by law. To the extent that all right, title and interest in and to any Submissions cannot legally be assigned to ADESTER under these Terms of Use, you hereby grant to ADESTER the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, assignable and fully sublicensable right and license to use, publish, reproduce, distribute, display, exhibit, publicly perform, modify, create works derived from, sell and otherwise exploit (“Exploit”) all or any portion of such Submissions in any manner and on or through any media now know or hereafter devised (“Media”) without compensation, credit or liability to you. You also grant to ADESTER the non-exclusive, perpetual, worldwide, royalty-free, transferable, assignable and fully sublicensable license to use, publish, reproduce, distribute, display and publicly perform your name, user name, image, voice, likeness, biographical materials and/or other attributes of your identity (“Likeness”) in any manner and on or through any Media in connection with the Exploitation of any Submissions, without compensation or liability to you.

You represent and warrant that: (i) you own or control all of the rights necessary to assign or license the Submissions and license the use of your Likeness to us; (ii) your Submissions in the form of User Contact are accurate and not misleading; and (iii) our use of the Submissions and your Likeness in the manner permitted herein shall not violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party. You hereby irrevocably waive any moral rights you may have in and to any Submissions even if such Submissions are altered or changed in a manner not agreeable to you. You acknowledge and agree that we are not obligated to review or use your Submissions. This Section 6, including, without limitation, all rights and licenses assigned or granted hereunder shall survive any termination of these Terms of Use. Notwithstanding the foregoing, nothing contained in these Terms of Use shall obligate us to exercise any right or license assigned or granted to us herein.

  1.   NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”) provides recourse to copyright owners who believe that their rights under the Nigerian Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below (“Designated Agent”). For your notice to be effective, it must include the following information:

(1)   A physical or electronic signature of the owner of the exclusive right that is allegedly infringed or the person authorized to act on behalf of the owner;

(2)   A description of the copyrighted work that you claim has been infringed upon;

(3)   A description of where the material that you claim is infringing is located on this Website;

(4)   Information reasonably sufficient to permit ADESTER to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5)   A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6)   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ADESTER’s Designated Agent for notice of claims of copyright infringement on the Website can be reached.

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our Website. All other inquiries to the Designated Agent will not be answered.

  1.   PRIVACY AND PROTECTION OF PERSONAL INFORMATION

We respect the privacy of our Website’s visitors. Please see our Privacy Policy relating to our collection and use of your information. If you do not agree to each and every part of our Privacy Policy then you should not use, or submit any personally identifiable information though, our website. Questions regarding privacy issues should be directed to us via email.

  1.   RISK OF LOSS

All purchases of items sold on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery of the items to the carrier. We carefully pack products for safe shipping and check the carriers’ reliability and punctuality. However, we cannot guarantee that any damage to, or delay in the shipping of, products offered by us will not occur and you agree that we are not responsible or liable for any such damage or delay.

  1.   OBJECTIONABLE CONTENT

You understand that by using this Website, the Materials or any services provided through the Website, 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 Website, the Materials or any services provided through the Website at your sole risk and that ADESTER and ADESTER’s parent company, subsidiaries, affiliates, licensees, successors and assigns (the “ADESTER Affiliated Parties”) shall have no liability to you for any content that may be deemed offensive, indecent or objectionable.

  1.   DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED BY ADESTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ADESTER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

ADESTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON THE WEBSITE OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS, USER CONTENT OR OTHER ITEMS OFFERED OR INCLUDED ON THIS WEBSITE. ADESTER DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS OR USER CONTENT WILL BE REPAIRED OR CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADESTER IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR PORTABLE DEVICES RESULTING FROM THE USE OF THE WEBSITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  1.   LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY (WHETHER IN TORT, CONTRACT, STRICT LIABILITY, WARRANTY OR OTHERWISE), SHALL ADESTER, THE ADESTER AFFILIATED PARTIES, THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH, OR ANY OF ADESTER’S VENDORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE MATERIALS OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE, THE MATERIALS OR ANY USER CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE; EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS OR THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES AND OTHER JURISDICTIONS, ADESTER’S LIABILITY IS LIMITED OR EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1.   ONLINE CONDUCT

You agree to use the Website, the Materials and any products and/or services provided through the Website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter egg, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the Website; (ix) causing to appear on the Website any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the Website’s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the Website, the Materials or any User Content or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the Website.

  1.   CIRCUMVENTION

You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Use or the Materials offered through the Website or otherwise interrupt or attempt to interrupt the operation of the Website (a “Circumvention Act”). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act or other fraudulent act with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.

  1.   TERMINATION

These Terms of Use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from us if we determine, in our sole discretion, that you have failed to comply with any term or provision of these Terms of Use.

  1.   REVISIONS TO THE WEBSITE

We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the Website or any services offered through the Website without notice to you; (ii) limit the Website’s availability to any persons, geographic areas or jurisdictions we choose; (iii) charge fees in connection with the use of the Website and modify and/or waive any such fees and/or (iv) offer opportunities to some or all of the users of the Website. You acknowledge and agree that neither ADESTER nor any of the ADESTER Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the Website, the Materials or any services offered through the Website.

  1.   SECURITY

We reserve the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts to: (i) upload content to the Website; (iii) modify the Website’s Materials or any User Content and/or (iii) cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.

  1.   INDEMNIFICATION

You agree to indemnify, defend and hold ADESTER, the ADESTER Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively, the “ADESTER Indemnified Parties”) from and against any and all costs, expenses, fees, including, without limitation attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the ADESTER Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the Website or the Materials (including, without limitation, your posting of any User Content on the Website); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.

  1.   GOVERNING LAW, VENUE AND JURISDICTION

These Terms of Use shall be governed by and enforced in accordance with the law of the state of Lagos without giving effect to any choice of law or conflicts of law rules of any jurisdiction. Venue and jurisdiction for any claim with respect to or arising out of these Terms of Use shall lie in the state or federal courts sitting in Lagos, Nigeria to which you hereby unconditionally consent. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to: (i) use of the Website; (ii) these Terms of Use and/or (iii) the Privacy Policy, must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

  1.   GENERAL PROVISIONS

These Terms of Use constitute the entire agreement between you and us concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between you and us with reference to the subject matter of these Terms of Use will be of any force or effect. Section headings are used for convenience only and shall have no interpretive effect or impact whatsoever. If any one or more of the provisions of these Terms of Use should be ruled wholly or partly invalid or unenforceable by a court or tribunal with a dispute or interpretive jurisdiction over the Terms of Use, then such provision shall be reformed by such court or tribunal in such a manner to make the provision enforceable and the validity and enforceability of all other provisions of the Terms of Use shall be unaffected. Our waiver of the performance of any provision of these Terms of Use shall not be a waiver of, nor prejudice to our right to require, strict performance of the same or any other provision in the future. The rights and remedies of you and us pursuant to these Terms of Use shall be cumulative and not alternative and no delay by either you or us in exercising any right or remedy hereunder shall constitute a waiver of such right or remedy or any other right or remedy or the further exercise thereof.

  1.   RULES FOR SWEEPSTAKES, CONTESTS AND SIMILAR PROMOTIONS

Any sweepstakes, contest, raffle or other similar promotion (“Promotion”) made available through this Website is void where prohibited and governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to the Promotion’s rules which may vary from these Terms of Use. Accordingly, we recommend that you read the rules for the applicable Promotion which will be posted on this Website, and review our Privacy Policy, which governs any personal information you submit in connection with such Promotion.

 

  1. 27. RETURNS, REFUNDS, ORDER CANCELLATIONS

Return/Refund Policies

All items MUST be returned in accordance with the below return policies and MUST be assigned an RMA number prior to return.

The following items are not eligible for return unless the item is received materially different from the listing and/or is damaged upon delivery: clothes, shoes, bags, watches, jewelry, accessories, and any items specifically stating such in the product listing or listed in “As-is condition”.

Items that have been shipped to a third party, PO Box or forwarding service are not eligible for return.

Return of Items (*For Online Orders Only, In–Store Purchases see the back of your receipt for return policy)

We at ADESTER want you to feel secure with your transactions. We offer a 7-day return policy on all our products. Here is how it works:

  • If an item is received materially different from the listing and/or is damaged upon delivery it qualifies for return on us. We will pickup the item and refund you in full for your order upon receipt. Determination of material differences and/or damage is to be decided by ADESTER n their sole discretion. We try to be as fair and realistic as possible when it comes to this and anticipate the customers to be as well. Please be sure that you are certain of your claim prior to requesting an RMA as an item which is not found to be materially different or damaged will be considered a customer preference return (explained below).
  • Customer preference returns are items that are being returned without claim of material difference or damage. These returns are subject to a standard 25% restocking fee and the initial shipping and handling fees are not refundable. Customer preference for return packaging and shipping is the sole responsibility of the customer. Items that are received improperly packaged may result in denial of the return. We encourage insuring higher-priced returns.

Returning Merchandise/RMA Requests

All requests for returns/damage claims must be made within 7 days of the item’s receipt. For damage claims you must keep the original packaging until instructed otherwise by a ADESTER representative, failure to do so may result in a denial of your claim as it directly affects our claim with the shipping carrier.

You must obtain a valid RMA number from ADESTER before returning your merchandise. To obtain a RMA #, please email your request and the reason for return to: orders@adesters.com

Once approved, customer service will provide you with your RMA number and return instructions.

To expedite your return, please print the RMA number on the outside of the return packaging. Upon items returning to our warehouse, you will be contacted. Without any complications arising, refunds will be processed by ADESTER within 1-5 business days. You should receive a confirmation email with your refund information.

Refused Items and Items Returned Without a RMA Number

  • Refused items and items returned without an RMA number will be charged a 25% restocking fee and the shipping/handling will not be refundable.
  • We reserve the right to refuse delivery and return to sender any item which is returned without a valid RMA number, or items that are not being returned in their original condition such as worn or otherwise used items.

CANCELLED ORDERS

Order cancellations are not considered received unless you call and speak with a sales associate at ADESTER. We are a small family business and cannot easily pull canceled orders from the order flow. If an order is canceled, we reserve the right to assess a 25% restocking fee to any refund, and shipping fees may not be refundable if the item has shipped. As an online and physical retailer of unique items when we pull an item from the sales floor/online inventory it can cost us a potential sale to another customer as well as lost time and material spent packaging an item for transport. 

  1. 28. Returned/Unable to Deliver Shipments

Should a shipment from ADESTER be undeliverable due to wrong address provided by the customer, the customer being unavailable for delivery/failure to pickup item/failure to pay taxes or customs fees, the customer will be responsible for paying additional shipping charges to have the items shipped again.