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HELENMO MERCHANT - TERMS & CONDITIONS OF SALE

These Terms & Conditions govern all purchases, transactions, and interactions with Helenmo merchant. By placing an order, completing a transaction, or otherwise engaging with Helenmo merchant through its website, social media platforms, physical location, or any other sales channel, you (“the Customer” or “You”) acknowledge, confirm, and agree that you have read, understood, and accepted these Terms & Conditions in full, and that they constitute a legally binding and enforceable agreement between you and Helenmo merchant.

1. Intellectual Property Rights
   1. All original content created by Helenmo merchant, including website layout, product descriptions, photographs, graphics, and marketing materials, are the property of Helenmo merchant and are protected by applicable copyright and intellectual property laws.
   2. Trademarks, brand names, logos, and product designs of third-party manufacturers or designers displayed on our platforms remain the property of their respective owners and are used solely for identification and resale purposes.
   3. No part of the Helenmo merchant Service or its original content may be copied, reproduced, distributed, or exploited for commercial purposes without our prior written consent.
2. Order Accuracy
   1. You confirm that all information provided during checkout, including name, delivery address, phone number, and email address, is accurate and complete.
   2. Helenmo merchant shall not be liable for delivery delays or failures to the extent that such issues arise from incorrect, incomplete, or misleading information supplied by the Customer. Where delivery is arranged by Helenmo merchant, reasonable efforts shall be made to ensure successful delivery.
3. Payment Confirmation
   1. All orders are processed only after full payment has been successfully received and confirmed through Helenmo merchant's official payment channels.
   2. Failed, reversed, or pending transactions do not reserve items. Where a Customer's account is debited without immediate confirmation on Helenmo merchant's system, the Customer is required to first escalate the issue with their bank or payment provider for resolution.
   3. Upon request, Helenmo merchant will reasonably cooperate by providing transaction references or confirmations required by the Customer's bank. Items shall not be released until payment is fully confirmed. Where verification confirms an unsuccessful transaction, any applicable refund shall be processed in accordance with the payment provider's procedures and timelines.
4. Product Availability
   1. All orders are subject to product availability at the time payment is confirmed.
   2. Where an item becomes unavailable due to stock discrepancies, supplier issues, or simultaneous orders after payment, Helenmo merchant will notify the Customer and offer either a suitable replacement or a full refund.
   3. Refunds, where applicable, shall be processed within a reasonable time in accordance with the procedures and timelines of the relevant payment service provider.
5. Delivery Timelines
   1. Delivery timelines communicated to Customers are estimates only and commence from the date of successful payment confirmation.
   2. Delivery may be affected by factors including courier delays, traffic conditions, security concerns, weather, supervening or unforeseen events, inaccurate delivery information, or the unavailability, inaccessibility, or non-responsiveness of the Customer, including failure to answer calls or respond to messages at the time of delivery.
   3. Where delivery is arranged by Helenmo merchant, reasonable efforts shall be made to ensure timely dispatch and delivery. Helenmo merchant shall not be liable for delays, failed deliveries, or additional costs arising from circumstances beyond its reasonable control or from the acts or omissions of the Customer.
6. Risk and Ownership
   1. Helenmo merchant remains responsible for the product until it is successfully delivered to the delivery address provided by the Customer.
   2. Once delivery is completed, ownership of the product passes to the Customer, and Helenmo merchant shall not be liable for any loss, damage, or theft occurring after delivery.
7. Returns & Exchanges
   1. Any request for return or exchange must be made within 72 hours of delivery and communicated through Helenmo merchant's official contact channels.
   2. Items eligible for return or exchange must be unused, unworn, unwashed, undamaged, and returned in their original condition and packaging, including tags, labels, and accessories.
   3. Items that are intimate in nature, customized, discounted, clearance items, or expressly marked as "non-returnable" are not eligible for return or exchange, except where the item was delivered in error or is defective.
   4. All returned items are subject to inspection and verification by Helenmo merchant, and Helenmo merchant reserves the right to reject any return that does not meet the stated conditions.
   5. Delivery fees and return shipping costs are non-refundable and shall be borne by the Customer, except where the return arises solely from an error attributable to Helenmo merchant.
   6. Where a return or exchange is approved, any applicable refund shall be processed within a reasonable time in accordance with the procedures and timelines of the relevant payment service provider.
8. Order Cancellation
   1. Orders shall only be cancelled before they have been processed or dispatched by Helenmo merchant.
   2. Once an order has been processed, packaged, or handed over to the delivery service, cancellation shall not be permitted.
   3. All cancellation requests shall be made promptly through Helenmo merchant's official contact channels. Where a cancellation request is approved before dispatch, any applicable refund shall be processed in accordance with the procedures and timelines of the relevant payment service provider.
   4. Orders that have been dispatched but are subsequently refused, ignored, or not received by the Customer shall be treated as completed deliveries, and any additional delivery, return, or handling costs shall be borne by the Customer.
9. Product Use
   1. Products purchased from Helenmo merchant shall be used strictly in accordance with the manufacturer's instructions, specifications, warnings, and intended purpose, where applicable.
   2. Helenmo merchant does not manufacture the products sold and does not provide any independent warranty beyond what is expressly offered by the manufacturer or supplier. Any manufacturer's warranty provided with a product shall be subject to the terms and conditions of the issuing manufacturer.
   3. To the fullest extent permitted by law, Helenmo merchant shall not be liable for any damage, loss, defect, deterioration, or injury arising from misuse, abnormal use, improper handling, improper storage, failure to follow manufacturer instructions, unauthorized repairs or alterations, habitual, frequent, or daily use, extended or prolonged use, aging, environmental exposure, or normal wear and tear occurring over time.
   4. Nothing in these Terms shall exclude or limit any rights that cannot be lawfully excluded under applicable consumer protection laws.
10. Pricing and System Errors
    1. Helenmo merchant reserves the right to correct any pricing inaccuracies, typographical errors, or system malfunctions at any time, whether occurring on its website, social media platforms, invoices, or order confirmations.
    2. Where an order is placed based on an obvious error or system malfunction, Helenmo merchant shall have the right to cancel such order without liability, and any payment received shall be refunded to the Customer.
    3. Helenmo merchant shall not be liable for any loss, damage, or claim arising from such cancellation beyond the refund of the amount paid.
11. Prohibited Activities
    1. You agree not to access or use Helenmo merchant's website, platforms, or services for any unlawful, fraudulent, or improper purpose. Prohibited activities include, but are not limited to:
       1. providing false, misleading, or incomplete information for the purpose of obtaining goods or delivery;
       2. payment fraud, chargeback abuse, or use of unauthorized or stolen payment instruments;
       3. impersonation of another person or entity, or misrepresentation of identity or authority;
       4. unauthorized resale, diversion, or commercial exploitation of Helenmo merchant products;
       5. interference with, disruption of, or unauthorized access to Helenmo merchant's systems, platforms, or operations;
       6. refusal of delivery after dispatch with the intent to avoid payment or delivery charges;
       7. any conduct intended to defraud, deceive, or unlawfully disadvantage Helenmo merchant or its service providers; or
    2. any activity that violates applicable laws, regulations, or law enforcement directives within the Federal Republic of Nigeria.
    3. Helenmo merchant reserves the right to refuse service, cancel orders, withhold delivery, suspend access, or report such activities to relevant authorities without notice.
12. Limitation of Liability
    1. To the fullest extent permitted by law, Helenmo merchant shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profit, loss of business, loss of data, loss of opportunity, or reputational damage, arising out of or in connection with the purchase, use, attempted use, or inability to use any product or service provided by Helenmo merchant.
    2. Without prejudice to the foregoing, Helenmo merchant's total liability, whether arising in contract, tort, negligence, strict liability, or otherwise, shall in all circumstances be limited to the amount actually paid by the Customer for the specific product or service giving rise to the claim.
    3. Nothing in these Terms shall exclude any liability which cannot be lawfully excluded under applicable law.
13. Force Majeure
    1. Helenmo merchant shall not be liable for any failure, delay, or interruption in the performance of its obligations where such failure or delay arises from events or circumstances beyond its reasonable control.
    2. Such events shall include, but not be limited to, acts of God, natural disasters, fire, flood, epidemics or pandemics, strikes or industrial actions, fuel shortages, power or network failures, acts of government, changes in laws or regulations, court orders, curfews, lockdowns, civil unrest, riots, protests, insecurity, acts of terrorism, war, border closures, or disruptions to transportation, courier, or logistics services.
    3. During the occurrence of a Force Majeure event, Helenmo merchant's obligations shall be suspended to the extent affected, and performance shall resume as soon as reasonably practicable after the cessation of the event.
14. Dispute Resolution, Governing Law & Jurisdiction
    1. Any dispute, controversy, or claim arising out of or in connection with these Terms & Conditions or any transaction conducted with Helenmo merchant shall first be resolved amicably through good-faith negotiations between the parties.
    2. Where the dispute is not resolved amicably within a reasonable time, the parties shall submit the dispute to mediation at the Lagos Multi-Door Courthouse (LMDC) in accordance with its applicable mediation rules and procedures. Court proceedings shall only be commenced where mediation at the LMDC has been attempted and has failed, or where the dispute is otherwise incapable of resolution by mediation.
    3. These Terms & Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The courts of Lagos State, Nigeria, being the location of Helenmo merchant's principal place of business, shall have exclusive jurisdiction to hear and determine any dispute, claim, or proceeding arising out of or in connection with these Terms & Conditions or any transaction conducted with Helenmo merchant, and the Customer irrevocably submits to the jurisdiction of the courts of Lagos State.
15. Changes to Terms
    1. Helenmo merchant reserves the right to amend, update, or replace these Terms & Conditions from time to time at its discretion. Any revised Terms & Conditions shall take effect from the date they are published on Helenmo merchant's website or communicated through its official platforms.
    2. No amendment or modification shall apply retrospectively or affect any order that has already been placed and confirmed prior to the effective date of such change.
16. Severability

    If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement
    1. These Terms & Conditions constitute the entire and exclusive agreement between the Customer and Helenmo merchant in respect of any purchase, transaction, or use of Helenmo merchant's products or services, and supersede all prior or contemporaneous communications, representations, negotiations, or understandings, whether oral or written.
    2. No statement, representation, warranty, or promise not expressly set out in these Terms & Conditions, including those made through advertisements, social media, messages, or customer communications, shall be binding on Helenmo merchant.
18. Agreement

    By placing an order, completing a transaction, or otherwise engaging with Helenmo merchant, the Customer acknowledges, confirms, and agrees that they have read, understood, and accepted these Terms & Conditions in full, together with Helenmo merchant's Privacy Policy, which form a binding and enforceable agreement between the Customer and Helenmo merchant.

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