Terms & Conditions
Terms and conditions for the supply of goods ordered online
The Lagos Garden Centre
Your attention is particularly drawn to the provisions of clause 14 (Limitation of liability).
1. About us
We are Lagos Garden Centre. Duly registered as LGC Limited under the Companies’ and Allied Matters Act CAP C20 LFN 2004 with our registered address at 63 Oduduwa Crescent, GRA, Ikeja, Lagos.
Contacting us. You may contact us by Telephone, Email or Post. See procedure in clause 18.2.
2. Our Contract With You
Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
Language. These Terms and the Contract are made only in English language.
Your copy. You should print a copy of these Terms or save them to your computer for future reference. A copy of this contract will only remain on the site for as long as we maintain its content as our terms.
When you become responsible for the goods. Any good supplied will be your responsibility from the time we deliver the goods to the address you gave us or you or any person authorised by you collect it from us.
When you own goods. You own a good once we have received payment in full
3. Placing an order and its acceptance
Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the products, goods and/or services specified in the order (Services) subject to these Terms.
Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order (and any specification submitted by you) is complete and accurate.
Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
Accepting your order. Our acceptance of your order takes place when we send an email to you to accepting such order (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Products or Services confirmed in the Order Confirmation.
If we cannot accept your order. If we are unable to supply you with the Product or Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Product or Services, we will refund you the full amount.
4. Cancelling your order and obtaining a refund
You may cancel the Contract/Order, if you notify us as set out in clause 4.2 within 24 hours of your receipt of the Order Confirmation. You cannot cancel the Contract once we have completed the despatch or Products or the delivery of Services, even if the 24 hours period is still running.
To cancel the Contract, you must contact our Customer Services team as soon as possible. If you are emailing us or writing to us please include details of your order (Order Number) to help us to identify it. We will email you to confirm we have received your cancellation.
If you send us your cancellation notice by email, then your cancellation is effectively sent from the date you send us the email. Provided that for the purpose of calculating any deductions, the daily fee rate stops applying on the date we receive your notice of cancellation (see Clause 18.4 for what we mean by receive).
Subject to Clause 4.6, we will refund you in full for the price you paid for the Product or Services, after a cancellation, by the method you used for payment. And the refunds will be made:
a. If there is a return and you are to bear the cost of return, within 5 days from the day on which we receive the Product back from you.
b. In all other cases, within 30 days.
We may deduct from any refund an amount for the supply of the Products or Services for the period up to the time when you give notice of cancellation in accordance with clause 4.2. The amount we deduct will be based on all of the following:
a. our daily fee rates, as set out on our site at the time you submit your order.
b. Any reduction in the value of the goods where this is occasioned by you.
c. If there is a return and you are responsible for the costs of return, the direct cost to us of collection.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of Services within 3-5 days at one cost but you choose to have the Services delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
5. Our services
Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the products or services described in them. They will not form part of the Contract or have any contractual force.
5.2 Compliance with specification. Subject to our right to amend the specification (see clause 5.3) we will supply the Products or Services to you in accordance with the specification for the Product or Services appearing on our website at the date of your order in all material respects.
Changes to specification. We reserve the right to amend the specification of the Products or Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Products or Services, and we will notify you in advance of any such event.
Reasonable care and skill. We warrant to you that the Products or Services will be provided using reasonable care and skill.
Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to deliver the Products or perform the Services by such dates will not give you the right to terminate the Contract
The costs of delivery will be as displayed to you on our website and included in the Order Confirmation. The venue for delivery will be as specified by you in your order.
If you have asked to collect the Products or Services from our premises or pre-arranged location, you can collect them during the pre-arranged time either stated in your order or agreed with us verbally or in writing.
If we are to deliver and no one is at the stated premises to take delivery when the Products or Services is delivered and the Product or Services cannot be delivered, we will call or send you an email or message informing you of how to rearrange delivery.
If you do not collect the Products or Services from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a courier we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 16 will apply.
If you do not allow us access to your property to perform the Services or deliver the products as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 16 will apply
7. Your obligations
It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Products or Services;
(c) you provide us, our employees, agents, couriers, consultants and subcontractors, with access to your premises, office accommodation and other facilities as we may reasonably require;
(d) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(e) you prepare your premises for the delivery of products and/or supply of the Services;
(f) you obtain and maintain all necessary licences, permissions and consents which may be required for the Products or Services before the date on which the Products/Services are to start or be delivered;
(g) you keep all of our materials, equipment, documents and other property (Our Materials) at your premises in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;
If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 7.1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 16 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8. Services in Nigeria only
Unfortunately we are unable to deliver Products or perform the Services at addresses outside Nigeria.
You may place an order for Products and/or the Services from an address outside Nigeria, but this order must be for Product delivery or performance of the Services to an address in Nigeria.
In consideration of us providing the Products or Services, you must pay our charges (Charges) in accordance with this clause 9.
The Charges are the prices quoted on our site at the time you submit your order.
If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
We take all reasonable care to ensure that the prices stated for the Products and Services are correct at the time when the relevant information was entered into the system. However, please see clause 9.6 for what happens if we discover an error in the price of the Products or Services you ordered.
Our Charges may change from time to time, but changes will not affect any order you have already placed and that has been accepted by an Order Confirmation, unless there is a technical error, in which case the correct order confirmation will be sent. Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Products or Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
It is always possible that, despite our reasonable efforts some of the Products or Services on our site may be incorrectly priced. Where the correct price for the Products or Services is less than the price stated on our site, we will charge to the lower amount or If the correct price for the Products or Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Products or Services at the correct price or cancelling your order. We will not process your order until we have your instructions.
If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Products or Services and refund you any sum you have paid.
10. How to pay
Payment for the Services shall be in accordance with the payment methods prescribed on the website of LGC Limited.
You can pay for the Products or Services by Bank transfer, a debit card or credit card or other digital payment methods offered by our payment handling company. e.g. Paystack.com
You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If a problem arises or you are dissatisfied with the Products or Services or have any other complaints, please contact us.
12. Intellectual property rights
All intellectual property rights in or arising out of or in connection with theProducts or Services (other than intellectual property rights in any materials provided by you) will be owned by us.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 12.2.
You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Products or Services to you.
13. How we may use your personal information
We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
14. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by applicable law.
Subject to clause 14.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
Subject to clause 14.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products or Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute including without limitation the terms implied by the Sale of Goods Act 1890, by common law or otherwise are, to the fullest extent permitted by law, are excluded from the Contract.
This clause 14 will survive termination of the Contract.
We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 15.2.
We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 15; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) if you agreed to this during the order process, to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us.
(d) In any other case, upon agreement by you and us.
Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
Without limiting any of our other rights, we may suspend the delivery of Products or Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) you fail to remedy that breach within one day of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
On termination of the Contract you must return all of Our Materials and any deliverables specified in your order, which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safekeeping and must not use them for any purpose unconnected with the Contract.
Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
17. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control, which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
18. Communications between us
When we refer to “in writing” in these Terms, this includes email.
All notices or correspondence to LGC shall be sent to the following address:
63 Oduduwa Crescent, GRA, Ikeja, Lagos.
Attention: Managing Director
Email Address: [email protected]
We shall notify you using the contact information you supplied to us.
Any notice or other correspondence given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other correspondence is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt if sent by pre-paid delivery or other next working day delivery service, at 9.00 am on the second working day after posting; or
(b) if sent by email, at 9.00 am the next working day after transmission or upon receipt of an acknowledging e-mail – whichever comes earlier.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and delivered and, in the case of an email, such email was sent to the specified email address of the addressee.
The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you of such assignment or transfer, in writing or by posting on this webpage. If you are not satisfied with the terms of the transfer you may, subject to Clauses 4 and 16 of this contract, terminate the contract by giving us adequate notice.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Severance. If any court or relevant authority decides that any of the provisions in this contract is unlawful or unenforceable, the remainder of the contract not affected by the court or authority’s order will remain in full force and effect.
Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by Nigerian law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Nigerian courts.