This agreement applies as between you, the User of this Web Site and TD Solutions. Your agreement to adhere to with and be bound by these Terms and Conditions is considered to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is known to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is considered to occur upon our dispatching the goods you have ordered for you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account”means collectively the personal information, Payment Information and
documentation used by Users to access Paid Content and / or any
communications System on the Web Site;
“Carrier”means any third party responsible for transporting purchased goods from
our Premises to customers;
“Content”means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored in
a computer that appears on or forms part of this Web Site;
“Goods”means any products that TD Solutions advertises and / or makes available
for sale through this Web Site;
“Service”means collectively any online facilities, tools, services or information that
TD Solutions makes available through the Web Site either now or in the
future;
“Purchase Information”means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises”means our place(s) of business located.;
“System” means any online communications infrastructure that TD Solutions makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”means any third party that accesses the Web Site and is not employed
by TD Solutions and acting in the course of their employment; and
“Web Site”means the website that you are currently using and any sub-domains of
this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions apply to customers buying Goods in the course of business as well as customers buying goods for non-business purposes.
4. Intellectual Property
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TD Solutions, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable Nigeria and International intellectual property and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by TD Solutions.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Copyright (Amendment) Decree No 42 1999.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of TD Solutions or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of TD Solutions. To find out more please contact us by e-mail.
9. Use of Communications Facilities
9.1 When using the inquiry form or any other System on the Web Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite violence;
9.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and representatives of TD Solutions or our affiliates; and
9.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that TD Solutions reserves the right to monitor any and all communications made to us or using our System.
10. Warranty
10.1 All goods supplied by us are warranted free from defects for 3 months from the date of supply. This warranty does not affect your statutory rights as a dealer or customer. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of this warranty.
10.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, failure to maintain them in good condition, wilful damage, misuse, accident, negligence by you or any third party, use otherwise than as recommended by us or the manufacturer, failure to follow our or manufacturers installation or other instructions, or any alteration or repair carried out without our approval.
10.3 In the event that you would be entitled to damages against us for any breach of condition or warranty or representation (unless fraudulent) we shall not be liable to pay damages but shall at our sole discretion either repair the goods at our own expense or supply replacement goods free of charge or refund all (or where appropriate part) of the price paid for the relevant goods.
10.4 If a complaint proves to be baseless then you will be liable to pay us for our costs and expenses in investigating the complaint.
11. Goods, Pricing and Availability
11.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from TD Solutions correspond to the actual Goods, TD Solutions is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 13.1 for incorrect Goods.
11.2 No contract exists between you and us for the sale of any goods until we have received and accepted your order. Once we do so, there is a binding legal contract between you and us. It is your responsibility to ensure that correct goods for your purpose are ordered.
11.3 Where appropriate, you may be required to select the required size/model/colour/number/other features of the Goods that you are purchasing.
11.4 TD Solutions does not represent or warrant that such Goods will be available.
11.5 All pricing information on the Web Site is correct at the time of going online. TD Solutions reserves the right to change prices and alter or remove any discount offers from time to time and as necessary.
11.6 In the event that prices are changed during the period between an order being placed for Goods and TD Solutions processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.7 The contract is subject to your right of cancellation save as regards special items/orders (i.e. where goods supplied have not been as website specification but have been supplied or manufactured to your own special request or specification requirements or where goods have been made to order e.g. Bite Suit, Large Dog Kennels, Cat Kennels, Dog Runs, Galvanised Panels etc.) where there is no right of cancellation.
11.8 Title and ownership to the goods can be collected as long as dealers and customers have not paid for the goods in full.
12. Delivery
12.1 The goods you order will be delivered to the address given when you place your order as long as is within Nigeria.
12.2 All goods shall be checked by you or on your behalf upon delivery and any damage or shortages noted on the delivery note or delivery refused. You must also at the same time notify us direct in writing. We will not be liable in respect of any damage or shortages not entered on the delivery note. All goods are to be assembled or installed by customers. We do not accept return for equipment, cages, devices etc
12.3 If TD Solutions receives no communication from you, within 24 hours of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
12.4 If there is no one at your address to accept delivery of the goods, the delivery person will call you to notify you of an alternative delivery date or a place to collect the goods. You will be liable to pay any additional costs and expenses that a re-delivery could incur which can be very costly.
12.5 Delivery of the goods shall be affected when they are delivered to the nearest point to the highway which is on the delivery address. It is your responsibility to move the goods to any other part of the property and to have labour available for that purpose.
12.6 If you request that your goods be left without signature
We cannot guarantee that the delivery personnel will leave goods without a signature. If this is the case, they will send you a text on the mobile phone you provided to contact them with a date when a signature can be obtained.
13. Returns Policy
TD Solutions aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
13.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 3 days to arrange collection and return. TD Solutions is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method agreed during the purchase of Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
13.2 If any Goods you have purchased have faults when they are delivered to you, you should contact TD Solutions within 3 days to arrange collection and return. TD Solutions is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to TD Solutions within 3 days and arrange collection and return. TD Solutions is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
13.4 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to TD Solutions within 7 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of TD Solutions. You are responsible for paying shipment costs if Goods are returned for this reason. For health & hygiene reasons, goods returned that are deemed to be used will not be refunded. Note all sales and discount goods cannot be refunded or exchanged.
13.5 If you wish to return Goods to TD Solutions for any of the above reasons, please contact us in writing to make the appropriate arrangements.
13.6 You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. You must also ensure that the goods are repackaged in their original packaging or similar in order to avoid damage to the product on its return as items received damaged may only be partially refunded. Products with expiration of within 3 months from date of supply is a valid product and cannot be returned.
13.7 In certain instances, we may be able to arrange collection of the goods but this is not always possible. As we use third party transport we will not be held responsible for any unavoidable delays (i.e. excess traffic, running out of time) in collection or for the couriers calling on a different day to that originally organised as this is beyond our control. If at all possible, we will inform you as soon as possible of any changes. If you are not in when the couriers call to collect, they will send you a text message asking you to contact them to rearrange the collection. It is your responsibility to contact them and any delays in contact could result in extra charges.
13.8 TD Solutions reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
13.8.1 Any use or enjoyment that you may have already had out of the Goods;
13.8.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
13.8.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
13.8.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
14. Payment default
TD Solutions will charge clients the rate of 5% per annum on all overdue invoice of GTB Bank base rate at the time accruing daily, and our legal fee for chasing payments.
15. Privacy
Use of the Web Site is also governed by our Privacy policy which is incorporated into these terms and conditions by this reference.
16. Disclaimers
16.1 TD Solutions makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
16.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
17. Changes to the Service and these Terms and Conditions
TD Solutions reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If TD Solutions is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
TD Solutions accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, TD Solutions accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
19.2 Most of our goods are delivered by third party transport and every effort will be made to deliver the goods within the stated time and in any event within 30 days of your order. However, we will not be held responsible for any loss, damage or costs incurred through any reasonable or unavoidable delay in delivery as this is beyond our control. If at all possible, we will inform you as soon as possible of any expected delays.
19.3 Nothing in these Terms and Conditions excludes or restricts TD Solutions liability for death or personal injury resulting from any negligence or fraud on the part of TD Solutions
19.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Consumer Contracts (Regulation of Unfair Terms) Bill, 2010, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforce ability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
19.5 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
22. Notices
All notices / communications shall be given to us either by post to our registered Premises or by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23. Law and Jurisdiction
These terms and conditions and the relationship between you and TD Solutions shall be governed by and construed in accordance with the Law of Nigeria and TD Solutions and you agree to submit to the exclusive jurisdiction of the Courts of Nigeria.