As used in this agreement, and on this site, “Luvur-body.com, ‘We” refers to the Luv Ur Body Menstrual Cups E-Store operated by, Luv Ur Body Interglobal Concepts Ltd, Nigeria (Our Parent Company). All content held on this website is the exclusive property of Luv Ur Body Interglobal Concepts Ltd, Nigeria.
Permission is granted to use the content and software (the “Services”) on the Site as a shopping and personal care resource, but for no other purpose. Any other use of Services on this Site, including, but not limited to, reproduction for purposes other than those noted above, or any modification, distribution or republication, without the prior written permission of Luvur-body.com and Our Parent Company, is strictly prohibited.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Luvur-body.com, or its respective content providers, and are protected by Nigerian and international copyright and other intellectual property rights laws. All software used on the Site is the property of Luvur-body.com or its respective software suppliers, and such software is protected by Nigerian and international intellectual property laws and other laws and treaties.
All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are proprietary to Luv Ur Body Interglobal Concepts Ltd, Nigeria or other respective owners that have granted Luvur-body.com the right and license to use such Marks. The Marks may not be used in connection with any product or service that is not a product or service of our Parent Company or Luvur-body.com, or that is likely to cause confusion among customers, or that in any manner disparages or discredits Luvur-body.com or the other respective owners of the Marks.
Our Parent company through Luvur-body.com has made every reasonable effort to display as accurately as possible the colors or sizes of the products that appear on the Site. However, the actual colors or sizes you see will depend on a number of factors including the monitor that you use and the settings on the monitor. Luvur-body.com does not guarantee that the display of any color or size will be accurate. Due to the intimate nature of menstrual cups as a feminine hygiene product, all sales made on the Site are final.
Luvur-body.com sells products which it manufactures through a third party. The use and selection of these products and other health and Feminine Hygiene Products (“Feminine Hygiene Products”) requires care to be certain that any directions for thorough pre-washing /sterilization prior to use and warnings from the manufacturer are observed and followed and that Customer is aware of the possibility that some people may have allergic or other reactions to such products even after following these directions/warnings. Therefore all products are purchased at Customers own risk.
Luvur-body.com will endeavor to provide to Customers all required product labeling information of these Feminine Hygiene Products, but Customers are ultimately responsible to contact their medical practitioner before purchasing any products from the Site to discuss any reactions or side effects they may have individually if they use the products. Therefore it is not responsible for any reaction or any failure of a product to satisfy any special use requirements or otherwise meet the needs or expectations of the Customer or for any side effects or reactions. Customers are advised to read and strictly follow the label, all packaging inserts and instructions and all manufacturer directions and warnings for pre-washing, sterilization, use and storage.
In providing information or advice on this Site with respect to Feminine Hygiene Products, whether in chat rooms, blogs, social media platforms, newsletters or in the product descriptions, or otherwise, Luvur-body.com may rely upon advice from the manufacturers and from licensed medical practitioners or regulatory bodies, but Customers seeking advice from this Site shall be responsible for fully informing Luvur-body.com of any known allergies, special health or gynecological conditions, or other special circumstances that might be relevant to providing such advice. Since Luvur-body.com is not the manufacturer of all the products it sells, Luvur-body.com does not accept any liability for the failure of products it sells to meet any specific needs of a user of the product or for any loss, damage or injury caused by such products. Luvur-body.com will, upon request, endeavor to identify the manufacturer of the product and provide to the Customer contact information for the manufacturer. Our Parent Company reserves the right to vary at its absolute discretion, the materials to be used in the manufacture of the Goods, the subject of the Order and replace them with other materials of at least equal quality.
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUVUR-BODY.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, LUVUR-BODY.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE LUV UR BODY MENSTRUAL CUPS ONLINE STORE SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE.
ALL MATERIALS AND INFORMATION PRESENTED BY LUVUR-BODY.COM ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY CONDITION OR DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT LUVUR-BODY.COM.
In providing product information to its customers, Luvur-body.com relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
IN NO EVENT SHALL LUVUR-BODY.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT CUSTOMER PAID TO LUVUR-BODY.COM FOR THE PRODUCT(S) AT ISSUE, EVEN IF LUVUR-BODY.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST LUVUR-BODY.COM WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE OR THE PURCHASE OF ANY PRODUCTS OR GOODS THROUGH THIS SITE UNLESS SUCH ACTION OR PROCEEDING IS BROUGHT WITHIN ONE MONTH OF SUCH USE OR PURCHASE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Acceptance of all orders by Luvur-body.com occurs only upon shipment from Luvur-body.com’s distribution center in Nigeria, the UK, Austria or USA. The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on this Site, or published in any catalog or other advertisement. Luvur-body.com reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any Customer for any reason. Verification of order and customer information may be required prior to the acceptance of any order. Prior to acceptance, Luvur-body.com is not obligated to fulfill any order and may notify the Customer of a back-order and the estimated time for shipment (in which case the order shall be deemed to remain open unless Customer cancels prior to the actual shipment date). We do not accept requests to swap contents of our products neither are we able to request our fulfillment partners to do same. Any shipping, tracking and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and need not reflect the exact cost of the specific order. In the event of an cancellation, of any goods sold from the Site, Luvur-body.com is not obligated to include a refund of any shipping, pick & pack or handling charges or gift wrap charges. Payment of the Price shall be due with order unless otherwise specified in writing. The Seller shall not be obliged to sell or dispatch any Goods to the Customer in the absence of payment or any shortfall in payment. Goods will only be dispatched upon receipt of full payment of any total payment sum communicated via the website or as invoiced. In the event of a shortfall in payment received, we reserve the right to cancel an order or sell/ship products only covered by payments received without further notice to customer. Both parties hereby agree that Tracking for each delivery is provided on a best effort basis and that the Seller shall not be held liable for any delays or failure to deliver by its fulfillment partners or the Postal Services Provider in any Country.
Delivery of the Goods shall be made to the Customer’s address as provided by the Customer. The Customer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. The Customer shall be deemed to have accepted the Goods 24 hours after delivery to the Customer. In the event that the Customer has provided the wrong delivery address, both parties hereby agree that the Seller is not obligated to provide a replacement of the product nor is the Seller obligated to initiate a Track and Trace with the postal services provider or Fulfillment partner to locate this item. Both parties hereby agree that there shall be no refunds of product price, tracking fees or postage costs paid for products sent to an incorrect address provided by the Customer. Both parties hereby agree that the issuance of replacements for products sent to incorrect address provided by customer shall be at the sole discretion of the Seller. In the event that the Seller in its sole discretion agrees to send the Customer a replacement, not more than one replacement shall be sent per customer. The Customer undertakes to Track and Trace the original item shipped by Seller to the incorrect address provided by Customer and return same to the Seller at the Customers expense. Where the Customer provides an incorrect address, then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the contract unless such return is agreed with the Seller in accordance with any returns policy it may have in force from time to time. Both parties hereby agree that subject to these terms and conditions which provide that all sales are final, the Seller may at its sole discretion agree to replace/swap a product if it is damaged and that such damage shall be limited to a tear or hole which causes leakage.
IT SHALL BE THE CUSTOMERS SOLE RESPONSIBILITY TO PAY FOR MAIL TRACKING OR SIGNED FOR MAIL POSTAL SERVICES AS A DELIVERY OPTION ON CHECKOUT. ALL PRODUCTS ARE DISPATCHED BY TRACKED POSTAL SERVICES, BOTH PARTIES HEREBY AGREE THAT LUVUR-BODY.COM AND ITS PARENT COMPANY ARE ABSOLVED FOR ALL LIABILITY WITH RESPECT TO THE PRODUCT, ITS SAFE DELIVERY, REFUND OF PURCHASE PRICE, MAIL TRACKING FEE, COST OF SHIPMENT TO RETURN GOODS AND THAT NO EXCHANGES ARE PERMISSIBLE. IF ORDERS HAVE BEEN DISPATCHED BY A TRACKED OR SIGNED FOR SERVICE, THEY SHALL BE RETURNED TO LUVUR-BODY.COM TO ITS LAGOS OFFICE OR EU FULFILMENT CENTER AT CUSTOMERS EXPENSE. All replacements or swaps shall be dispatched from the parent company in Lagos Nigeria and not from the UK/EU or any other jurisdiction except at the sole discretion of the Seller.
Title shall pass on delivery of the Goods unless the Customer has not paid for them. In that event title shall remain with the Seller until the Seller receives payment in full, including any interest which may be payable to the Seller. Risk shall pass on delivery of the Goods. Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale. Where the Customer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Customer in respect of those Goods.
The Seller shall not be liable to the Customer for late delivery or short delivery of the Goods.
The Customer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set off or counterclaim which the Customer may have or allege to have or for any reason whatever.
Any conduct by a person that in Luvur-body.com’s sole discretion restricts or inhibits any other person from using or enjoying Luvur-body.com is prohibited. Customer agrees to use the Site only for lawful purposes and in accordance with that prohibition. Customer agrees that he or she will not post on the Site or transmit through Luvur-body.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.
All comments, feedback, emails, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Luvur-body.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Luvur-body.com’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Luvur-body.com of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, Luvur-body.com will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Luvur-body.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay any person any compensation for any Comments; or (3) to respond to any customer Comments etc.
Luvur-body.com may, without incurring any liability to the Customer, terminate access by such Customer, or suspend any Customer’s access to all or part of Luvur-body.com, with notice, for any conduct that Luvur-body.com, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or Luvur-body.com and or its Parent Company
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). Luvur-body.com is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
Luvur-body.com permits certain third party links to the home page of its site, provided that Luvur-body.com is provided with notice of such links and does not thereafter object to such linking. No links or “deep links” are permitted to any page other than the Luvur-body.com home page without the prior written consent of Luvur-body.com. Luvur-body.com reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
The waiver of any breach or default of this Agreement shall not constitute a waiver of any subsequent breach or default and shall not act to amend or negate the rights of the waiving party.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Luvur-body.com and Customer with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by Customer shall be deemed rejected by Luvur-body.com without need of further notice and shall not be part of this Agreement or in any way binding upon Luvur-body.com.
Use of the Site represents an acceptance by the Customer of the terms of this Agreement. Use of the Site shall be governed solely by the terms of this Agreement, as the same may be amended from time to time, and the policies published by Luvur-body.com on the Site, which shall be the entire agreement of the parties with regard to the use of this Site. Amendments or other modifications to this Agreement may, from time to time, be made by Luvur-body.com sending an email to the Customer at Customer’s last known email address or by posting thereof on the Site.
Save for the Customer’s obligation of payment under this Terms and Conditions, neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party (‘Force Majeure Event’).
The Parties shall use their best endeavors to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement through mutual discussion. Failing which the dispute shall finally be referred to arbitration in accordance with the Arbitration and Conciliation Act (Cap. A18) Laws of the Federation of Nigeria, 2004. The arbitral award shall be final and binding between the Parties except where there is misconduct on the part of the arbitral panel or error on the face of the arbitral award. Both parties agree that the venue of the Arbitration shall be Imo State Nigeria and the panel of Arbitrators shall be appointed by the Chief Judge of Imo State Nigeria. Each party shall bear its own legal fees or costs in relation to the Arbitration.
This Agreement and the relationship of the Parties in connection with any subject matter of this Agreement and each other shall be governed and determined in accordance with the laws of the Federal Republic of Nigeria.
In these Terms & Conditions, unless the context requires otherwise: