GENERAL TERMS AND CONDITIONS OF SALE
Tunamis Limited (“we” or “us” or “our”), is a company registered under the laws of the Federal Republic of Nigeria with its registered address at 14, Suenu Street, Off Funso Williams Avenue, Surulere, Lagos.
Read carefully through these General Terms and Conditions (“Terms and Conditions”) which set forth the legally binding provisions of using, browsing and accessing all the digital platforms we operate.
These terms and conditions of sale apply to any order placed through www.tunamis.com.ng. These Terms and Conditions of Sale are applicable regardless of how our Website is accessed, including via any technologies or devices by which Tunamis limited makes the Website available to You at home or on the move.
By placing an order through our Website, you confirm that you have read, understood and agree to these Terms and Conditions of Sale in their entirety, and you agree to be bound by the Terms and Conditions set forth below.
Where you do not agree to these Terms and Conditions of Sale in their entirety, you must not place an order for any of our products using our Website.
Below are details relating to our terms and conditions of sale:
1. Opening an Account and Placing an Order
To place an order with us, you can create or open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
By signing up with us, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date. Kindly be informed that information and details provided to us can be updated or corrected at any time by going to Your Account profile on our website and making necessary update or amendment.
However, please note that once an order is placed, your details which include but not limited to phone number, email address and delivery address cannot be changed.
When creating an account on our Website, in order to maintain security of your account, we may provide you with a one-time password or require you to use a password to set up an account on our Website or to access certain areas of the Website.
You are responsible to keep your account and password safe as well as restrict access to your account on our Website. You hereby agree to accept responsibility for all activities that occur under your account and safety of your password.
Tunamis shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised or fraudulent use of your password or account, please contact us immediately by sending an email to [email protected]. If Tunamis is suspicious of any fraudulent activity coming from your account, we reserve the right to refuse you access to your account and can delete your account from our Website.
When you place an order through the Website via our guest checkout you will still need to provide us with certain compulsory personal information for us to process your order. However, you may choose thereafter to register an account with us following the submission of your initial order through the guest checkout.
We may inform you of any changes made to our Terms and Condition of Sale either through private messaging or by email.
You are implored to read regularly our Terms and Conditions of Sale to ensure you are aware of any alterations, variations, modifications or changes made, as you shall be deemed to have acknowledged such alterations, variations, modifications or changes whether or not you were aware.
2. Electronic/Telephone Ordering:
You can also place orders by sending an email to [email protected] and / via direct telephone calls through our designated contact numbers found in our Contact Us page
3. Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s). This will be no later than 1 week after we have received payment from you. Prior to despatch of the product(s), Tunamis has the right to decline an order for any reason, including legal and regulatory reasons.
If we cannot supply you with the product you ordered, we will not process your order and will inform you of this either in writing (via email/SMS) or verbally via a phone call and, if you have already paid for the product, we will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.
4. Pricing
Prices of products are fixed for a period but may be subject to changes due to certain factors outside of the control of Tunamis. We would take reasonable steps to ensure that the best prices are always available to our customers. By placing an order, you have agreed to pay the price displayed for the product at the time of purchase and Tunamis agrees to supply the product at the same price. Returns cannot be accepted based on changes in prices.
5. Payment
Payment is taken by Paystack. You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process.
If you place an order on our website, then you acknowledge and agree that:
- Paystack will charge you, through the payment method you have selected for your order, the total cost in your basket at the point of checkout.
- that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so.
- that Paystack may use tools, software or services of payment processors to process transactions on their behalf; and
- if your payment is not received by Paystack for any reason from your card issuer/Bank, you agree to promptly contact your card issuer/Bank to resolve the failed transaction issue to enable you reinitiate the transaction.
Please note that you are responsible for any bank or other associated charges that may arise from the use of your selected payment method.
6. Delivery
Delivery charges and timescales vary depending on the type of products ordered and the delivery address. If no fixed date or timeline has been agreed upon, our deliveries are performed within a maximum period of 7 days.
Where delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Tunamis reserves the right to deduct the cost for returning the products to Tunamis returns centre from the customer’s refund for the order.
Products may be delivered separately in situations where the products are from different suppliers. You would be notified of the estimated delivery time of each product at the point of placing your order.
7. Loading and Unloading fees
Additional loading or unloading fees associated with the delivery of the product to the delivery address provided shall be borne by the buyer. Van unloading consists of removing goods from the delivery van, and moving it over to the delivery location advised by the buyer.
8. Entry and Exit Fees
All vehicle entry and exit tariffs to deliver the goods to the buyer shall be borne by the buyer.
9. Purchase rebates/Volume discounts
Rebates/Volume discounts offered on all products are at the discretion of the management of Tunamis.
10. Delays
Where the supply of your product(s) is delayed or prevented for reasons beyond our control (for example, material shortages or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or affect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
11. Liability/Transfer of Risk and Title/Property
All title and risk in the products you order (including risk of loss and/or damage to the products) shall pass to the buyer once the products are delivered to the delivery address specified in your order.
12. Returns
You should check all products you receive against your order. Returns would only be accepted where products delivered are damaged or incorrectly supplied. It is your responsibility to inspect products at the point of delivery and raise any issues with the delivery. Once orders have been accepted by the customer, request for returns/refunds by the customer can no longer be processed.
13. Refunds
Refunds are only processed on products which are delivered damaged, incorrectly supplied or unfulfilled by Tunamis. Refund would be processed through the payment method used when placing the order.
Most refunds are fully processed within 7 days from the day the product was returned.
14. Product descriptions
Tunamis has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when placing your order through the Website, please note that:
• all prices are displayed in Nigerian Naira and local taxes are applicable unless expressly indicated otherwise.
• the weights, dimensions and capacities shown on the Website are approximate only; and
• all items are subject to availability.
Tunamis will inform you as soon as possible if the product(s) you have ordered are not available and we may offer alternative product(s) of equal or higher quality and value.
15. Legal Compliance
You agree that you will not use, sell or supply any product(s) purchased from Tunamis in an unlawful manner and will comply with all export controls and sanctions rules where you decide to export our products.
16. Assignment and Third-Party Rights
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.
17. Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
18. Disclaimer
Necessary effort will be taken to ensure that our Website can be accessed 24 hours in a day but be informed that we shall not be held liable where our product or our Website is unavailable at any given time or for any period.
Access to our Website may be temporarily unavailable without prior notice in instances which include upgrades, system failure, maintenance or repairs or where it is deemed necessary to do so or for other reasons beyond our control.
Tunamis shall not take responsibility for any loss, liability which you may incur or suffer as a result of any such unavailability, interruption or suspension of the activities of the Website.
19. Viruses
You are responsible for the safety of your devices with respect to any and all downloaded materials obtained from the internet.
We shall not be liable or responsible for any damage caused to your computer or device or any other equipment as a result of such virus.
20. Governing Law
These Terms and Conditions shall be construed and governed in accordance with the laws of the Federal Republic of Nigeria.
Parties to the Terms and Condition shall submit to the exclusive jurisdiction of the Nigerian Courts to resolve any dispute arising under or in connection with these terms and condition Agreement.
21. Miscellaneous
No omission, delay or failure (in whole or in part) in enforcing, exercising, or pursuing any right, privilege, power, claim or remedy conferred by or arising under these Terms and Conditions or by law, shall be deemed to be or construed as a waiver of our right, power, privilege, claim or remedy in respect of the circumstances in question.
Where any provision of these Terms and Conditions is declared by any competent authority to be illegal, void, voidable or otherwise unenforceable, such provision shall be removed from this Terms and Conditions and the remaining provisions of the Terms and Conditions shall remain in effect and full force.
These Terms and Conditions constitute the entire agreement and shall supersede and replace any prior agreements we might have had with you regarding our products.
Contact Us
If you have any questions or compliant regarding our product, you can email us at [email protected]