TERMS AND CONDITIONS
Introduction
Welcome to www.stirmas.com website (also refers to here as the “site”). These terms and conditions describe the terms of use which are applicable to your access and use of these website, mobile site, its affiliates and subsidiaries.
This website is owned, branded, operated and made available by Hartos Technology Limited. As defined here from time to time in line with the purpose of this website, “seller” “I” “we” “us” and “our” relates to www.stirmas.com.
The site retains the right to modify, change, edit, add or remove a portion to these terms and conditions of use and sales at any time. However, such changes take effect the when they are posted on the site without further notice provided. By accessing and continue use of the site and service, you agree to the changes and bound by the terms.
This document is legally binding agreement between Stirmas.com and you the user(s) of the sites (referred to as “you” “your” or “user” “member” hereinafter).
These terms constitute the entire agreement between stirmas.com and you with respect to and govern your use of the Sites, superseding any prior written or oral agreements in relation to the same subject matter herein.
User Agreement
In connection with using or accessing the site you agree that you can form legally binding contracts and at least 18 years of age or accessing with the guidance or supervision of a parent or legal guardian, and you are not temporarily or indefinitely suspended from using our sites.
As a condition of your access to and use of the Sites, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites.
By accessing the site, you are granted no permission to reproduce, copy, transfer, re-publish, sell, distribute any information or services, text, images, graphics, video clips, files, databases, any content of the site or gathering any prior information about our products or services. Compiling, exploiting or otherwise of the site content for the purpose of commercial use or on behalf of a third party or parties is explicitly prohibited, except with our prior knowledge and explicit permission is granted in that respect.
These Terms and Condition of Use explicitly prohibit any form of accessing our server, internal computer, services, database, interfering in any way with the functionality of this Site directly or indirectly, whether through robots, spiders, automatic devices or manual processes, gathering or altering any software code without written permission from Stirmas.com is explicitly prohibited.
You agree not to undertake any action to undermine the integrity or reputation of the website and services of stirmas.com.
Any actions or act find to be in line as to a breach of these terms and conditions of use shall result in immediate revocation of your rights granted in these terms of agreement without prior notice. It is our sole discretion to determine if you breach any terms and conditions of use, we reserve the right block or deny you access to the website, its content and our services without prejudice to any remedies at law or otherwise.
Member Accounts
The site has certain features and services that required users to registered on the site to access or use some of the services. No user is expected to registered more than one account on the site. Stirmas.com reserve the right to cancel or terminate a user’s account if Stirmas.com has reasons to suspect that the user has more than one registration or is in control of two or more member accounts. Similarly, Stirmas.com may reject User’s application for registration for any reason.
Upon your registration you agree to provide accurate, current, complete and lawful information about your identity and also to update such information, if there is a change. That the information provided is not to be false, misleading or deceptive; not containing information that is defamatory, libelous, threatening or offensive. Each User of the site is solely responsible for keeping the confidentiality and security of your account identifiers and passwords and for activities that occur under account safe and secure. No User is permitted to share, assign or permit the use of your member account or password by another person or individuals. User agrees to notify Stirmas.com immediately if you become aware of any other breach of security on your account.
Furthermore, Members agrees that the site is not responsible or liable, directly or indirectly, in anyway for loss or damage of any kind incurred as a result of, or in connection with user failure to comply with this section.
You agree to receive offers and promotional emails from the site; you can opt out of such emails at any time.
Content
You accept that all content provided to Stirmas.com becomes our sole property and will not be returned to you. All such content but not limited to review, comment, or other user content on the site, you also grant an irrevocable, perpetual, worldwide, royalty-free, sub-licensable license to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to Stirmas.com, and the operation of the Sites. You confirm and warrant to Stirmas.com that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
Provision of Service
Stirmas.com objective is to ensure accessibility of the site and its features at all times. However, Stirmas.com reserves the right, without prior notice, to restrict access to or use of certain features within the site or terminate the site. No warranty or representation is given that a particular service or feature or function will be available for users. It is our sole discretion limit, deny or create different level of user access.
Users agree that service interruption may occur in order for site improvement, upgrade and scheduled maintenance or may also be due to outside factors beyond our control. Stirmas.com may launch, change, upgrade, impose conditions to, suspend or stop any features.
Intellectual Property
Stirmas.com is the sole owner or lawful licensee of all the rights and database rights, registered or unregistered. All the site information and the site content including, but not limited to the website design, images, graphics, texts, video, music or sounds and software compilations and source codes shall remain with Stirmas.com, and licensors as the case may be. Any unauthorized copying, modification of the use of the materials, content, is explicitly prohibited.
Data Protection
All personal information you give us when you use our services or register for an account with us will be held and used to fulfill a contract with you and provide you with our services, to comply with our legal obligation, protect your vital interest, or as may be required for the public good
Limitation of Liability
To the full extent permitted by law, the services provided by Stirmas.com on or through the sites are provided “as is”, “as available” and “with all faults”, and Stirmas.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
We makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the sites; although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable as at 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. Product representations expressed on this site are those of the vendor and are not made by us. Therefore, we make no representations or warranties of any kind concerning any product or service offered or displayed on the sites.
Indemnity
Members hereby agrees to indemnify and save Stirmas.com our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions and the Terms of use.
Applicable Laws & Jurisdiction
This agreement shall be governed and interpreted by the laws of the Federal Republic of Nigeria. Subject to the Agreement to Arbitration section of this agreement below, and without regard to conflict of law principles.
Agreement to Arbitration
If any dispute or claim arises from or in connection with these Terms and Conditions of Use, the relevant parties shall resolve the Dispute through amicable negotiations. If both parties are not satisfied by such negotiations, a private and confidential single arbitrator held in Nigeria in the official Language (English) and be conducted in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federal Republic of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitration shall be conducted by telephone, online and/or solely based on written submissions as may be determined by both parties, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. The arbitrator shall be a legally trained person with experience information technology in Nigeria.
Severability
If any court or tribunal decides that applicable law precludes enforcement of any of these Terms and Conditions of use as to a particular claim for relief, in either in whole or part, then that claim or part (and only that claim or part) must be severed from these Terms and Conditions of use not affecting the validity or enforceability of any other section in this document.
Independent Contractor
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Force Majeure
Under no circumstances shall Stirmas.com and our partners and agents be held liable for any delay or failure or disruption of the condition of service resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals.
General Provision
Headings are for reference purposes only and in no way define, limit, construe, describe the scope or extent of such Section.
Stirmas.com failure to act with respect to a breach under these terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
The terms and conditions posted on our Site may be changed from time to time. Changes take effect when we post them on the site.
The terms and conditions of use and transactions posted in this site set forth the entire understanding and agreement between you and Stirmas.com, and supersede all prior understandings and agreements of the parties.
We reserve the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Stirmas.com may delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity.
Notice for Claims of Intellectual Property
We respond to notices of alleged copyright infringement. If you have any complaints or believes that your intellectual property right has been infringed, please kindly notify us by email and we will investigate.
Please while contacting us indicate your alleged intellectual property that has been infringed on, the intellectual property location, insert physical address and email, a proper description and documentation of the copyrighted work alleged to have been infringed, pointing to the location of such copyright work on our website, a proper statement made by the complaining party of acting in good faith and under oath. Please note that upon receiving such notice Stirmas.com will investigate your allegations.
TERMS AND CONDITION OF TRANSACTIONS
General Provision
In connection with using or accessing the site you agree that you can form legally binding contracts and at least 18 years of age or accessing with the guidance or supervision of a parent or legal guardian, and you are not temporarily or indefinitely suspended from using our sites.
These terms and conditions of transaction describe the terms of use which are applicable to your transaction and use of this website, its affiliates and subsidiaries.
As defined here from time to time in line with the purpose of this website, “seller” “I” “we” “us” and “our” relates to www.stirmas.com.
This document is legally binding agreement between Stirmas.com and you the user(s) of the sites (referred to as “you” “your” “member” or “user” hereinafter).
These terms and conditions of transaction constitute the transaction and sale of goods and services agreement between Stirmas.com and you with respect to and govern your transactions on the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.
Confirmation and Acceptance of Order
Is hereby agreed that browsing through our catalog or products and gathering information provided by us does not form a transaction agreement but only an invitation to treat. The offer is made once you the buyer select an item or product you intend to purchase, proceed to checkout, chose your preferred payment method, shipping method, and completed the checkout and payment process.
Both parties agree that acceptance of the offer is only accepted when your payment is confirmed, and we dispatched the product to you and informed you according by email or phone number of the order status. To confirmed your order in some cases you may be ask to provide additional information and verification, including but not limited to shipping address and phone number to confirmed you order.
Note that we (Stirmas.com) reserved the right to refuse or cancel any order for any reason at any given time.
Refuse or Cancel Order
Stirmas.com reserves the right, at our sole discretion, to refuse or cancel any order for any reason without any liability for any losses or damages arising out of or in connection with such refusal or cancellation. Some situations that may result in order being rejected or canceled include where problems are identified by our payment control department, where we have reason to believe the transaction is unauthorized, violates any law, rule or regulations or may otherwise subject site or any of our affiliates to liability. We may also require additional verifications or information for any Transaction, and you agree to provide such verifications and information upon request.
Payment and Acceptance
Stirmas.com are determined to update and provide the most accurate pricing details to our users; meanwhile, errors might occur, for instance when a price of an item is not display correctly on the site. In such an instance we reserved the right to refuse or cancel such an order. We may at our owned discretion contact you for instruction or cancel your order and notify you of such cancellation. We also reserved the right to cancel any such order whether or not the order has been confirmed and your credit/debit card charged. In such instance when we are unable to provide the service, we contact you as soon as possible and a full refund will be given where you have already paid for the item/products.
Please note that the payment methods available on the Stirmas.com may be provided by Stirmas.com partners and certified third-party payment gateway services.
Use of Coupon Codes
Stirmas.com accept the use of coupon codes for placing order online. Coupon codes are special codes that gives the user(s) certain special percentages and discount from selected items at a time of its validity.
Coupon code may be issued to users to use in shopping on our site provided is within its validity period. Coupon codes are not to be exchange for cash. We reserved the right to withdraw or cancel our coupon code at any time without any prior notice.
Delivery
We make effort to deliver goods within the estimated period set out on the site. Notwithstanding, delays are occasionally inevitable due to unforeseen factors.
The site shall be no liability for any delay or failure to deliver product within the estimated period, if they did not occur due to our negligence or faulty.
Users agree not to hold seller liable for any failure or delay to fulfill order or perform any obligation as stated in this terms and condition of sale whether the same be it partly of wholly directly or indirectly by circumstance beyond our reasonable control. Learn more about our delivery system. Click here.
Return & refund policy
Our return and refund policy are contained in the page titled ‘Buyer Protection’. Click here
Applicable Laws & Jurisdiction
This agreement shall be governed and interpreted by the laws of the Federal Republic of Nigeria. Subject to the Agreement to Arbitration section of this agreement below, and without regard to conflict of law principles.
Agreement to Arbitration
If any dispute or claim arises from or in connection with these Terms and Conditions of Use, the relevant parties shall resolve the Dispute through amicable negotiations. If both parties are not satisfied by such negotiations, a private and confidential single arbitrator held in Nigeria in the official Language (English) and be conducted in accordance with the Arbitration and Conciliation Act Cap A18 Laws of the Federal Republic of Nigeria 2004, as amended, replaced or re-enacted from time to time. The arbitration shall be conducted by telephone, online and/or solely based on written submissions as may be determined by both parties, provided that the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. The arbitrator shall be a legally trained person with experience information technology in Nigeria.
Indemnity
Members hereby agrees to indemnify and save Stirmas.com our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions transaction.
Severability
If any court or tribunal decides that applicable law precludes enforcement of any of these Terms and Conditions of transaction as to a particular claim for relief, in either in whole or part, then that claim or part (and only that claim or part) must be severed from these Terms and Conditions of transactions not affecting the validity or enforceability of any other section in this document.
Independent Contractor
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Force Majeure
Under no circumstances shall Stirmas.com and our affliates and agents be held liable for any delay or failure or disruption of the condition of service resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, acts of God, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, civil disturbances, shortages of labor or materials, terrorism, war, governmental actions, strikes, labour disputes, riots, insurrections, orders of domestic or foreign courts or tribunals.
General Provision
Headings are for reference purposes only and in no way define, limit, construe, describe the scope or extent of such Section.
Stirmas.com failure to act with respect to a breach under these terms by you or others does not waive our right to act with respect to subsequent or similar breaches.
The terms and conditions posted on our Site may be changed from time to time. Changes take effect when we post them on the site.
The terms and conditions of use and transactions posted in this site set forth the entire understanding and agreement between you and Stirmas.com, and supersede all prior understandings and agreements of the parties.
Powers of Stirmas.com you expressly acknowledge and agree that we have the full power, authority and discretion to reject or cancel any Transaction without any liability for any losses or damages arising out of or in connection with such refusal or cancellation and to make a determination on the remittance of the funds under any transaction.
We reserve the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest. Stirmas.com may delegate certain rights and responsibilities under this Agreement to independent contractors or other third parties. You may not assign, in whole or part, this Agreement to any person or entity.