Welcome to Lagos Groceries! Our legal name is Lagos Groceries Inc.; but, we do business as Lagos Groceries and Lagos Groceries Wholesale (“Lagos Groceries”). Lagos Groceries and/or our subsidiaries and affiliates provide products, services, content, and other features (the “Lagos Groceries Services”) to you when you use or shop on our mobile applications, Lagos Groceries.com, Lagos Groceries social media properties, or our other websites and blogs, and/or other software provided by Lagos Groceries (the “Lagos Groceries Sites”). The Lagos Groceries Sites are owned and operated by Lagos Groceries.
Lagos Groceries provides the Lagos Groceries Services and the Lagos Groceries Sites subject to these Terms & Conditions, any terms, conditions, or policies otherwise contained on the Lagos Groceries Sites, any terms, conditions, or policies contained in any Promotion (as defined below), and any updates to any such terms, conditions or policies (collectively, the “Terms”).
Please review the Terms carefully. To make things a little simpler, we refer to Lagos Groceries and its affiliates and subsidiaries as the “Company”, “Lagos Groceries”, “we”, “our”, and “us”. We refer to the users of the Lagos Groceries Sites as “you” and “your”.
BY ACCESSING OR USING THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES. IF YOU VIOLATE THE TERMS, YOUR ACCESS TO AND USE OF THE LAGOS GROCERIES SERVICES AND THE LAGOS GROCERIES SITES IS UNAUTHORIZED.
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS. TO REVIEW OUR ARBITRATION PROVISIONS, PLEASE CLICK HERE. TO REVIEW OUR CLASS ACTION WAIVER PROVISIONS, PLEASE CLICK HERE.
UPDATES TO THE TERMS
We may, at any time, revise, change, or otherwise update the Terms. The effective version of the Terms will be available for your review on the Lagos Groceries Sites.
Your continued access or use of any Lagos Groceries Service or Lagos Groceries Site following the posting and/or distribution of a revised, updated, or changed version of the Terms, will mean that you agree to the revised, updated, and/or changed Terms.
To review our provision on our right to modify the Lagos Groceries Sites, the Lagos Groceries Services, these Terms, and otherwise, please click here.
REGISTERING YOUR ACCOUNT
To make a purchase with Lagos Groceries, you must create an account and meet the other requirements established in these Terms. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. When you establish a Lagos Groceries account, a password will also be created to enable you to access and use certain portions of the Lagos Groceries Services and the Lagos Groceries Sites. From time to time, Lagos Groceries may also utilize biometric authentication systems to enable access and use of certain portions of the Lagos Groceries Services and the Lagos Groceries Sites.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Lagos Groceries Services and/or the Lagos Groceries Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Lagos Groceries Services or the Lagos Groceries Sites in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Lagos Groceries Services or the Lagos Groceries Sites. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Lagos Groceries Services and/or the Lagos Groceries Sites is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS.
In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to firstname.lastname@example.org.
USE OF THE LAGOS GROCERIES SITES
We wanted to set some ground rules for your use of the Lagos Groceries Services and the Lagos Groceries Sites, your account, or Promotions that we provide, and/or your interactions with us, other Lagos Groceries customers, or any third party that provides us services. Without limiting anything else in these Terms, you agree that, without our consent, you will not:
breach the Terms or any other agreement or policy that you have entered with us;
abuse or exploit the terms of any Promotion;
violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal information;
create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of Promotions;
unreasonably use Lagos Groceries Services or Lagos Groceries Sites in any way, including but not limited to creating multiple accounts or placing multiple orders, for the likely purpose (as determined by Lagos Groceries in its sole discretion) of obtaining a benefit not intended by Lagos Groceries (for example, misusing Promotions by obtaining multiple samples, promotions, discounts or giveaways despite being limited from doing so by the respective terms of such samples, promotions, discounts or giveaways);
use the Lagos Groceries Services or the Lagos Groceries Sites for the benefit of another business for any commercial or resale purpose, including, without limitation, by placing multiple orders on one account but with multiple different shipping addresses in order to fulfill your businesses orders or reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any Lagos Groceries Service, Lagos Groceries Site, Promotion, or any part thereof, for any commercial purpose;
infringe Lagos Groceries’s or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that or upload to, distribute, or otherwise publish through the Lagos Groceries Sites any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties;
refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us;
use the Lagos Groceries Services or the Lagos Groceries Sites in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you;
use your account or the services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules;
disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user’s express consent to do so;
send unsolicited email, SMS, MMS, or other messages to a user or use the services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Lagos Groceries Services or the Lagos Groceries Sites;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Lagos Groceries Sites or the Lagos Groceries Services;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lagos Groceries;
use any meta tags or any other “hidden text” utilizing Lagos Groceries’s name or trademarks;
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or
use the Lagos Groceries Services or the Lagos Groceries Sites to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a Promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under the Terms or at law, including, without limitation, if we believe that your conduct violates the Terms, applicable law, is harmful to our interests, or is against, without limitation, the spirit of the Terms, the Lagos Groceries Services, the Lagos Groceries Sites, or a particular Promotion.
By using the Lagos Groceries Sites, you represent and warrant that you are either at least 18 years of age or are using a Lagos Groceries Site under the supervision of a parent or guardian. If you are under 18 years of age, but over 16 years of age, then you may only use the Lagos Groceries Sites with the express affirmative permission and continued supervision of a parent or guardian. If you are (1) (a) a resident of the State of California and (b) under 16 years of age, or (2) under 13 years of age, then, in each case, you are not permitted to use any portion of the Lagos Groceries Sites. As discussed below, you must be at least 21 years of age to purchase Alcoholic Beverages (as defined below), or use any site functionality related to Alcoholic Beverages.
Access and License
Subject to your compliance with the Terms and the intended use of the Lagos Groceries Services and the Lagos Groceries Sites and your payment of any costs or fees for the Lagos Groceries Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Lagos Groceries Services and the Lagos Groceries Sites. Any violation, misuse, or breach of, or failure to comply with, the Terms shall result in the immediate revocation and termination of the licenses granted to you in these Terms, without notice to you by us, in our sole discretion. All rights not expressly granted to you in the Terms are reserved and retained by Lagos Groceries or its licensors, suppliers, publishers, rights holders, or other content providers.
Much of the information and data and many of the images on the Lagos Groceries Sites are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted in these Terms, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Lagos Groceries Services or the Lagos Groceries Sites, or any portion thereof, unless expressly permitted by us in writing prior to such action. Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Lagos Groceries Services, the Lagos Groceries Sites or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems, the Lagos Groceries Services, the Lagos Groceries Sites or proprietary software. You agree not to alter or misuse screenshots obtained from the Lagos Groceries Services or the Lagos Groceries Sites or use product images outside of the Lagos Groceries Services or Lagos Groceries Sites. You may not incorporate any portion of the Lagos Groceries Services or Lagos Groceries Sites into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Lagos Groceries Services or Lagos Groceries Sites or otherwise assign any rights to the Lagos Groceries Services or Lagos Groceries Sites in whole or in part.
PRICING, TAXES, ORDER REQUIREMENTS, GIFT CARDS, AND PROMOTIONS
Pricing and Reported Savings
Lagos Groceries continuously works to offer competitive prices on everything we carry. From time to time, prices are subject to change in our sole discretion. In certain instances and for certain products, we may also report suggested savings as a percentage. The percentage savings we report are based on a comparison of prices for bulk or wholesale sizes of products available on the Lagos Groceries Sites against the prices for equivalent or similar bulk or wholesale sizes of products or retail sizes available on national e-commerce retail websites and mobile applications.
From time to time, additional fees may be applied to your purchase of select items on the Lagos Groceries Sites, which may include, for example, specialty fees, fees for Express or other Lagos Groceries Services, cold pack delivery or other fees. Any such fees will be disclosed on the product page or at checkout, if applicable. If you do not agree to pay the fees, you will not be able to purchase these select items.
Items sold on the Lagos Groceries Sites or through the Lagos Groceries Services may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, the shipment destination, and, in certain circumstances, the identity of the seller (if not Lagos Groceries). In certain limited circumstances and for certain third-party sellers, the tax amount may be included in the price of a product.
Unless specifically indicated on a product’s description page or the checkout page, items sold through the Express Service (see below), or age-restricted items (including Alcoholic Beverages (as defined below)), Lagos Groceries is the seller of items purchased on the Lagos Groceries Sites or through the Lagos Groceries Services. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.
With respect to those products that are not sold by Lagos Groceries, such products will be subject to tax based on the sales tax collection obligations of the applicable seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.
Lagos Groceries only ships to the 48 contiguous states and the District of Columbia. We do not ship to Alaska, Hawaii or to United States territories and protectorates. Other than Express orders and orders fulfilled by third parties, shipments are delivered by UPS®, FedEx®, or other private courier (“Delivery Service”). We will share your delivery information (name, location/address and phone number) with the Delivery Service for the sole purpose of facilitating the delivery of your Lagos Groceries order to you. Express orders, shipments of Alcoholic Beverages (as defined below), and shipments of products marketed through the Lagos Groceries Services and/or Lagos Groceries Sites, but fulfilled by third parties, are each shipped separately from other Lagos Groceries products sold through the Lagos Groceries Services or on the Lagos Groceries Sites.
The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, whether you are enrolled in Lagos Groceries Up, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. Your order may arrive in one or several boxes over the course of one or more days. If there is a delay, we will do whatever we can to help move things along, although we cannot promise we’ll be able to resolve the delay. When you receive your order, remember to use discretion when lifting boxes and removing items. From time to time, we receive requests to pack orders in multiple boxes. We cannot guarantee that we can or will fulfill such requests. Lagos Groceries is not responsible for orders that are lost or stolen. If you have questions about your delivery, please contact us at email@example.com.
Minimum or Maximum Order Requirements and Free Shipping
We and our partners may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the Lagos Groceries Sites.
We and our partners may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the Lagos Groceries Sites, which quantity and price requirements may be lower for enrollees in Lagos Groceries Up or in connection with certain Promotions.
Premium Lagos Groceries Services
We may provide certain premium products and services from time to time, which Lagos Groceries may charge you to access. You may access such paid portions of the Lagos Groceries Services and the Lagos Groceries Sites upon entering valid payment information and maintaining such payment method in full force and effect so long as the paid services are provided by Lagos Groceries and accessed by you. You understand that such paid services may be governed by additional terms and conditions specific to such paid services. For the terms and conditions applicable to Lagos Groceries Up, click here.
You acknowledge and agree that Lagos Groceries may, at any time and without notice, in its sole discretion, change its payment policies for the paid services, or the premium products and services provided thereunder, including, without limitation, by converting any or all portions of the Lagos Groceries Services and access to the Lagos Groceries Sites into paid services.
Terms of Promotions
From time-to-time, we may make certain offers, sales, Promo Codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, giveaways, promotional credits, Cash Rewards (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the Lagos Groceries Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, disclaimers, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are only valid for their intended audience, are non-transferable, cannot be redeemed for cash or any cash equivalent, can only be used once per household, can only be redeemed through the Lagos Groceries Sites or the Lagos Groceries Services, and may be modified, replaced, suspended or terminated at any time by Lagos Groceries at Lagos Groceries’s sole discretion. Certain Promotions shall only be applicable on repeat orders. Lagos Groceries determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any Promo Code, Cash Rewards, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Lagos Groceries in its sole discretion. Only valid Promo Codes provided or promoted by Lagos Groceries will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of Promo Codes is prohibited and may constitute fraud. Where noted, you must add giveaway items to cart, select coupons to have such coupons apply to your order, or enter any discount codes at checkout. Certain Promotions shall only be applicable to first orders. Unless otherwise specified in the terms and conditions of the particular Promotion, Promotions shall never apply to orders placed through business accounts that utilize separate credit terms agreed to with Lagos Groceries.
Lagos Groceries may exclude certain product categories, certain specific products, and certain brands from Promotions from time to time in the exercise of Lagos Groceries’s sole discretion. Such exclusions may include Lagos Groceries Hotels, Alcoholic Beverages (as defined below), and other goods and services sold and/or shipped by third parties listing their goods on the Lagos Groceries Sites from time to time. Additionally, certain Promotions may only be accessed or used by current enrollees in Lagos Groceries Up.
Free Product Samples
Lagos Groceries users may have access to free product samples, as offered from time-to-time by Lagos Groceries, in its sole discretion. Product samples are subject to availability and may be replaced by Lagos Groceries with substitutes of greater, equivalent, or lesser value to any sample advertised by Lagos Groceries or selected by you. To receive free product samples, you must add the requested samples to your cart on one of the Lagos Groceries Sites prior to checking out. If free product samples are not added to your cart before checkout, such samples will not be included in your order. Free product samples cannot be added to previously placed orders. Creating multiple accounts, placing multiple orders and/or other behaviors intended to circumvent the proper redemption of free product samples is prohibited and may constitute fraud, and, as a result, Lagos Groceries may revoke any or all your rights granted under these Terms.
In certain circumstances, all of the products in your Lagos Groceries order may be fulfilled solely by a third-party or Express Shopper. In such circumstances, Lagos Groceries shall be under no obligation to provide, ship, or replace any free product samples. We’re the buy-in-bulk business – we try not to ship such small packages!
Lagos Groceries may include a free product sample in your order that does not require your selection or express addition to your cart (including as part of a holiday “goodie” bag!). By using the Lagos Groceries Services and Lagos Groceries Sites, you agree to receive free product samples provided by Lagos Groceries without any action by you, subject to availability and in Lagos Groceries’s sole discretion. You understand that it is important to read the ingredients contained in free sample products, which may be made with known food allergens. We do not separate products based on their listed ingredients and the potential for any ingredient to be an allergen.
Notwithstanding anything to the contrary herein, Lagos Groceries may, in Lagos Groceries's sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Lagos Groceries Services, Lagos Groceries Sites, or third-party provider's services, subject to terms that Lagos Groceries establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Lagos Groceries; (iii) may be disabled by Lagos Groceries at any time for any reason without liability to Lagos Groceries and without notice; (iv) may only be used pursuant to the specific terms that Lagos Groceries establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use; and (vii) must be entered and applied at checkout. Placing multiple orders, and/or other behavior intended to circumvent the proper redemption of Promo Codes is prohibited and may constitute fraud, and, as a result, Lagos Groceries may in its sole discretion revoke any or all your rights granted under these Terms. Lagos Groceries reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Lagos Groceries determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
From time-to-time, we may offer Promo Codes that are redeemable towards a purchase on the Lagos Groceries Sites or through the Lagos Groceries Services, while supplies last, and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid Promo Codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular Promo Codes’s terms and conditions, each Promo Code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by Lagos Groceries. Promo Codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promo Codes must be entered in the “Apply Promo Code/Gift Card” or similar field at checkout. Promo Codes are valid through the Lagos Groceries Sites only. We are not responsible for lost, stolen or corrupted Promo Codes or any unauthorized use of Promo Codes. Promo Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Promo Codes will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each Promo Code. Promo Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promotional code requirements will not be honored.
Lagos Groceries-Branded Gift Cards
From time-to-time, in our sole discretion, we may offer Lagos Groceries-Branded Gift Cards and/or Gift Certificates (“Lagos Groceries Gift Cards”) for purchase by our customers. Lagos Groceries Gift Cards are subject to the terms and conditions on the Lagos Groceries Gift Card product detail page in effect at the time of purchase. Lagos Groceries Gift Cards are not “credit cards” and cannot be used as such. Lagos Groceries Gift Cards are assigned a fixed monetary value in United States dollars and should be treated as cash. Use of a Lagos Groceries Gift Card is limited to the amount of funds held on the Lagos Groceries Gift Card and it is your responsibility to know the amount of available funds on your Lagos Groceries Gift Card at all times. Purchases of Lagos Groceries Gift Cards are limited to up to $10,000 for any customer in a single day.
Lagos Groceries Gift Cards have no expiration date, and you will not be subject to any dormancy fee, transaction fee, or other fees for use or non-use of a Gift Card. From time to time, single-use Lagos Groceries Gift Cards with a fixed monetary value may be issued where the entire monetary value of the Lagos Groceries Gift Card must be applied in one transaction, with any remaining balance forfeited if the entire monetary value is not so applied. Lagos Groceries Gift Card balances may not be used to purchase additional or other Lagos Groceries Gift Cards and cannot be reloaded, resold or transferred for value. For combinations with other offers, restrictions may apply. Only Lagos Groceries-branded Lagos Groceries Gift Cards may be redeemed as payment, and only one at a time, for any of the products on the Lagos Groceries Sites.
Lagos Groceries Gift Cards are not returnable or refundable for cash except in states where required by law. Except to the extent required by applicable law, any unused Lagos Groceries Gift Card balance will remain in the recipient's Lagos Groceries Gift Card account and such balances are not transferable or refundable. The full amount of each purchase, including taxes, shipping and other applicable charges, will be deducted from the funds held on the Gift Card, up to the total funds available on the Gift Card. If a purchase made with a Lagos Groceries Gift Card exceeds the amount of the Gift Card, the balance must be paid by another valid payment method (i.e., credit card or debit card).
Lagos Groceries Gift Cards are subject to verification, and any Lagos Groceries Gift Card that we believe, in our sole discretion, to have been purchased or obtained fraudulently or through illegal means will be subject to invalidation without refund. Lagos Groceries Gift Cards may not be used in connection with any Promotion, Promo Code, marketing, advertising or other promotional activities without prior approval of Lagos Groceries. Furthermore, the use of Lagos Groceries Gift Cards in any manner that suggests, states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Lagos Groceries is prohibited unless you receive prior written approval for such use from Lagos Groceries.
Lagos Groceries may provide Lagos Groceries Gift Card purchasers with information, or means to access information, about the redemption status of Lagos Groceries Gift Cards from time to time. Lagos Groceries reserves the right to change these terms and conditions from time to time in its discretion, subject to compliance with all applicable laws. The most current version of any given Lagos Groceries Gift Card’s terms and conditions will be available on such Lagos Groceries Gift Card’s product details page, and this policy will be available on this site and each will supersede all previous versions of the Lagos Groceries Gift Card’s terms and conditions and this policy. Your continued use of a Lagos Groceries Gift Card is your acceptance of all then-current terms and conditions. Lagos Groceries Gift Cards are void if not obtained in accordance with these terms and conditions and through legitimate channels.
LAGOS GROCERIES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL (WHETHER DUE TO PHYSICAL OR ELECTRONIC ISSUES WITH SUCH GIFT CARD), YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE RISK OF LOSS AND TITLE FOR GIFT CARDS PASS TO THE PURCHASER UPON OUR ELECTRONIC TRANSMISSION TO THE RECIPIENT OR DELIVERY TO THE RECIPIENT AT THE ADDRESS PROVIDED BY RECIPIENT TO LAGOS GROCERIES, WHICHEVER IS APPLICABLE. LAGOS GROCERIES IS NOT RESPONSIBLE FOR ANY GIFT CARD THAT IS LOST, STOLEN, DESTROYED OR USED WITHOUT YOUR PERMISSION. WITHOUT LIMITING ANY LIMITATION OF LIABILITY PROVISION CONTAINED HEREIN, IN NO EVENT WILL LAGOS GROCERIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY PERSON’S USE, OR LAGOS GROCERIES’S PROVISION, OF ANY GIFT CARD.
Third-Party Gift Cards
From time to time, Lagos Groceries may sell or otherwise market on the Lagos Groceries Sites third-party gift cards (“Third-Party Gift Cards”) that may be redeemable on third-party sites and/or in third-party stores. These Third-Party Gift Cards will be subject to their own terms and conditions, located on the respective product pages or otherwise made available by the third party offering the Third-Party Gift Card.
As a user of the Lagos Groceries Services and Sites, you may have opportunities to opt in to receive various types of marketing communications from or on behalf of Lagos Groceries, including but not limited to newsletters, promotional emails, SMS messages and direct mail (“Communications”). You may manage your enrollment in certain of these Communications via your account settings or through the Communications themselves.
We are pleased to offer a cash rewards promotional program to eligible customers from time to time, which eligibility is determined in Lagos Groceries’s sole discretion. This Promotion is one way in which Lagos Groceries endeavors to reward and thank loyal customers for frequenting our business and purchasing items through the Lagos Groceries Services and the Lagos Groceries Sites. Users must create an account with Lagos Groceries to be eligible to participate in the cash rewards promotional program. By registering, accessing, or using Cash Rewards (as defined below), you agree to be bound by the Terms.
The Cash Rewards program works as follows:
When making qualified purchases on the Lagos Groceries Sites, an eligible user may receive a rewards credit (“Cash Rewards”) based on the total amount of their purchase excluding taxes and governmental fees, discounts on account of any applicable Promotions and/or Promo Codes, the application of any accrued Cash Rewards, shipping charges, and express delivery charges;
For each such purchase (i) prior to April 1, 2018, a Lagos Groceries user could earn 1% in Cash Rewards; and (ii) after April 1, 2018, an eligible user enrolled in Lagos Groceries Up could earn 2% in Cash Rewards, in each case, on the total amount of his or her purchase excluding tax, discounts on account of any applicable Promotions and/or Promo Codes, the application of any accrued Cash Rewards, shipping charges, and express delivery charges;
The total amount of Cash Rewards earned on any particular order will be rounded down to the nearest whole penny;
As noted above, a user will not, however, earn Cash Rewards on account of the portion of any purchase that is paid for with the user’s Cash Rewards, any Promotion, or any Promo Code. For example, if a user purchases $100 worth of products, applies a Promo Code for 10% off an order of $75 or more, and uses Cash Rewards of $25 to pay for the order, the user will earn either 1% or 2% (depending on the date of purchase) Cash Rewards on account of the remaining $65 paid for with the user’s credit card or other form of payment;
Neither the purchase nor the application of a Lagos Groceries Gift Card will qualify as a purchase that will earn Cash Rewards for the user purchasing or applying the Lagos Groceries Gift Card;
Cash Rewards accumulated by a user may only be used to pay, in whole or in part, for future purchases by the user on the Lagos Groceries Sites in accordance with these terms;
Cash Rewards will expire twelve (12) months from the date earned unless (i) such Cash Rewards are redeemed in accordance with the redemption rules and instructions in effect from time to time; or (ii) any additional qualified purchases are made during the period prior to the expiration of the Cash Rewards in your account, in which case all unexpired Cash Rewards in your account will be renewed for an additional twelve (12) month period and will expire twelve (12) months from the date the qualifying renewal activity occurred (See “Expiration of Cash Rewards” section below for more detail); and
Cash Rewards have no actual cash value until such time as a user applies Cash Rewards to pay for a purchase on the Lagos Groceries Sites and cannot be redeemed for cash or any other form of consideration.
A user’s accumulated Cash Rewards will be reported under the user’s “My Account” tab. The value of a user’s accumulated Cash Rewards will be capped at $450 for any 12-month period, with the first such 12-month period beginning upon registration by the user. If a user earns $450 during any 12-month period, Cash Rewards will stop accruing until the 12-month period expires. A user is only eligible to accrue Cash Rewards on one account. Cash Rewards are linked to each user and may not be sold to, transferred to, assigned to, or shared with another account, family, friends or others. Cash Rewards cannot be transferred by operation of law, such as, without limitation, through inheritance, bankruptcy, or in connection with a divorce. There is a minimum balance of Cash Rewards required to redeem Cash Rewards on an eligible purchase, and Lagos Groceries may set, modify, lower, or increase that minimum balance, from time to time, in its sole discretion.
Cash Rewards are not eligible where prohibited by law or regulation. Cash Rewards may not be earned from purchases of, eligible for, or redeemable on certain categories of goods, as determined at our sole discretion, which may change without notice. Cash Rewards are not your property. Lagos Groceries owns all property rights or other legal interests in all Cash Rewards and a user has no property rights or other legal interests in the Cash Rewards. From time to time, we may partner with a third party to offer you Cash Rewards that accrue at a higher rate, or on different terms, than set forth above, at our sole discretion. We may set, modify, lower, or increase, in our sole discretion, any minimum amount of Cash Rewards that a user must accrue before becoming eligible to apply such rewards to a purchase. If a user’s account is suspended or terminated, or if a user’s enrollment in the Lagos Groceries Up Program terminates or is cancelled, all accrued Cash Rewards will also be suspended, terminated and/or cancelled, as applicable. We may revoke any accrued Cash Rewards at any time, and without notice, in our sole discretion. Lagos Groceries reserves the right to terminate your account and/or your participation in Cash Rewards if Lagos Groceries determines in its sole discretion that you have violated the Terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful.
This Cash Rewards program, along with the Lagos Groceries Services and the Lagos Groceries Sites, are not targeted towards, nor intended for use by, anyone under the age of 13 and may only be used by individuals under the age of 18 with the supervision of a parent or legal guardian. If you are between the ages of 13 and 18, you may only use Cash Rewards under the supervision of a parent or legal guardian who agrees to be bound by the Terms.
Lagos Groceries may exclude certain product categories, certain specific products, and certain brands from the Cash Rewards from time to time in the exercise of Lagos Groceries’s sole discretion, including in connection with the accrual of Cash Rewards, or their redemption. Such exclusions may include Lagos Groceries Hotels, Alcoholic Beverages (as defined below), and other goods and services sold and/or shipped by third parties listing their goods on the Lagos Groceries Sites from time to time. Lagos Groceries may also limit the Cash Rewards program to enrollees in Lagos Groceries’s premium offerings, including, without limitation, Lagos Groceries Up, or may exclude certain user and account types from participation in Cash Rewards (for example, enterprise or business to business accounts).
Changes to Cash Rewards
Lagos Groceries reserves the right to terminate, amend, cancel, or temporarily suspend the Cash Rewards program, in whole or in part, or change any of the applicable Terms, at any time for any or no reason, as determined in Lagos Groceries’s sole discretion without notice to the Cash Rewards enrollee. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
Your continued participation in the Cash Rewards program after we change any applicable Terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel or terminate your participation in Cash Rewards program.
Expiration of Cash Rewards
From time-to-time, first-time users of the Lagos Groceries Services or the Lagos Groceries Sites may earn Cash Rewards just by establishing a new account with a valid username and password (the “New User Cash Rewards”). A user’s New User Cash Rewards will automatically expire, if such user does not have Cash Rewards earning activity, such as by making a purchase on the Lagos Groceries Sites, within 90 days of establishing the new account with Lagos Groceries for first-time users of the Lagos Groceries Services or the Lagos Groceries Sites prior to October 1, 2017, and 45 days of establishing the new account with Lagos Groceries for first-time users of the Lagos Groceries Services or the Lagos Groceries Sites on or after October 1, 2017.
Thereafter, you must have Cash Rewards Earning Activity (as defined below) once every twelve (12) months in order to retain access to the Cash Rewards in your account. If your account has no Cash Rewards Earning Activity in the applicable period above, all Cash Rewards available in your account will expire and terminate. Cash Rewards Earning Activity extends the expiration date of all unexpired Cash Rewards available in your account for an additional twelve (12) months from the date of the Cash Rewards Earning Activity. For purposes of these Terms and the Cash Rewards program, “Cash Rewards Earning Activity” shall mean making qualifying purchases on the Lagos Groceries Sites or through the Lagos Groceries Services.
Third Party Sites & Ads
The Lagos Groceries Services and Lagos Groceries Sites may contain links to third-party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of Lagos Groceries and Lagos Groceries is not responsible for such Third Party Sites & Ads. Lagos Groceries does not review, approve, monitor, endorse, warrant, or make any representations with respect to the Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and conditions apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction on or with such Third Party Sites & Ads.
Third Party Services
LAGOS GROCERIES EXPRESS
We are very proud to offer Express. The Express service includes, but is not limited to, the shopping for, and delivery of, fresh and frozen groceries purchased on your behalf from other stores, at our sole discretion, by shoppers and deliverers (“Shoppers”).
IN CERTAIN LOCATIONS, YOU ACKNOWLEDGE THAT LAGOS GROCERIES MAY NOT PROVIDE SHOPPING SERVICES, DELIVERY SERVICES, OR FUNCTION AS A TRANSPORTATION CARRIER AND SUCH SERVICES MAY BE PROVIDED BY THIRD PARTIES.
Unless otherwise specified, you acknowledge and agree that, through the Express service, Lagos Groceries and the Shoppers are acting on your behalf for the sole purposes of picking, packing and/or delivering items purchased by you through the Lagos Groceries Sites and neither are the seller of the items purchased by you through the Express service on the Lagos Groceries Sites. You agree that your purchase is made from a local store and that title to any goods purchased passes to you when the items are purchased from the store. We will obtain a credit card authorization for your credit card on file with us to cover the cost of the goods you have purchased from the store, and your card will be charged for the goods purchased by you and any applicable fees or gratuities.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and the Company, the Company does not form any employment or agency relationship with you and does not hold title to any goods that you order through Express.
Express is only available in select areas, as determined by us from time-to-time. The Lagos Groceries Sites will automatically display items to users who place orders to be delivered to addresses located in those select areas that qualify for Express.
You acknowledge and agree that, from time-to-time, based on availability and stocking in the applicable local store, Shoppers may be unable to fulfill your entire order after you have submitted it on the Lagos Groceries Sites. You acknowledge and agree that local stores may run out of the item you have selected, without notice, the Shopper may be unable to fulfill all or a portion of your Express order, and that, with respect to any item descriptions that contain a weight (such as meats, cheeses, fruits, or vegetables), we do not guarantee or promise the weight of the item delivered.
YOU UNDERSTAND AND AGREE THAT TO TAKE ADVANTAGE OF THE EXPRESS SERVICE, YOU MUST PROVIDE A VALID MOBILE PHONE NUMBER FOR DELIVERY NOTIFICATIONS. IF YOU DO NOT WANT TO RECEIVE SMS NOTIFICATIONS FROM LAGOS GROCERIES, FOR THE EXPRESS SERVICE, DO NOT USE THE EXPRESS SERVICE.
You will receive an initial SMS notification when you place an Express order to verify your mobile phone number. After you place your Express order and while your Express order is in process, Shoppers may utilize an application to generate and send you informational SMS notifications to your mobile phone to, for example: notify you when a Shopper has completed the purchase of your order and is departing from the local store; and notify you when the Shopper is approaching the delivery destination. The Shopper will use commercially reasonable efforts to send you these types of SMS notifications, but, the Shopper may be unable and/or SMS notifications may not transmit. You agree that we or the Shopper may contact you, using the mobile phone number you provide, for the foregoing purposes, or for other business purposes relating solely to order fulfillment, such as in the event of any updates or delays with your order. To opt out of receiving such informational SMS messages, please text “STOP”.
Use of Ordered Items
Items purchased through Express on the Lagos Groceries Sites are for the personal or business use of the user only. Like all other products available on the Lagos Groceries Sites or through the Lagos Groceries Services, items purchased through the Express service may not be resold without the prior written consent of Lagos Groceries.
If you use the Express service on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you agree to these Terms on behalf of that business or entity.
Delivery and Communications to and with Express Shopper
When you place an Express order on the Lagos Groceries Sites, you will be provided the opportunity to select a delivery window during which you will receive your Express order from a Shopper. Lagos Groceries will set, in its sole discretion, the delivery windows that are available for the delivery locations serviced by the Express service. Lagos Groceries will set, in its sole discretion, a maximum and minimum number of days prior to a proposed delivery date by which an Express order must be placed.
By placing an Express Order, you acknowledge and agree that Lagos Groceries must, and will, share your delivery information (name, location/address, special delivery instructions, phone number, and requested delivery time) and order information to the Express Shopper. This information is accessible by the Express Shopper through a secure mobile application available only to Lagos Groceries and Express Shoppers.
To ensure delivery of fresh and frozen items, a person must receive and accept your Express order at the delivery location. You may, through written instruction on the Express checkout page on the Lagos Groceries Sites, permit Shoppers to leave your Express order with a person other than yourself, such as a doorman, neighbor, spouse, or relative, or you may instruct Shoppers to leave your Express order in a safe location, in the event no person is available to personally receive the Express order. SHOPPERS WILL NOT LEAVE AN EXPRESS ORDER UNATTENDED WITHOUT SPECIFIC DELIVERY INSTRUCTIONS, ENTERED BY USER ON THE EXPRESS CHECKOUT PAGE, AND EXPRESS AND ITS SHOPPERS ARE NOT RESPONSIBLE FOR LOST, STOLEN, OR SPOILED EXPRESS ORDERS THAT ARE DELIVERED IN ACCORDANCE WITH SUCH DELIVERY INSTRUCTIONS.
If no one is available to receive your Express order when the Shopper attempts delivery or there is no safe location for Shoppers to leave your Express order, Shoppers may contact you directly by text message or email to facilitate the delivery of your Express order. In such circumstances, you may be able to reschedule the delivery of your Express order. You must contact customer service at firstname.lastname@example.org, as soon as possible, with an alternative date and time for delivery. We will attempt to reschedule the delivery of your order for the new date and time requested, but we are not responsible for or obligated to accommodate rescheduling requests or for the unavailability of Shoppers during busy delivery times. If no one is available to receive your Express order when the Shopper attempts delivery or there is no safe location for Shoppers to leave your Express order, Lagos Groceries may also charge you a fee or charge and credit your Lagos Groceries account. Lagos Groceries will not be responsible for any damaged or spoiled goods to the extent resulting from your inability or failure to collect your delivery during the agreed upon delivery window and any and all deliveries that are rescheduled due to the circumstances described in this paragraph shall be delivered on an “as-is” basis.
Shoppers will deliver your Express Order to the door of your delivery location only (meaning the outside door of your residence or place of business), and are not authorized or required to bring your Express Order inside or unpack the order.
The exact delivery time of your order may depend on several factors, including, without limitation, holiday schedules, weather, traffic or automobile issues, and other factors. Even though we try to anticipate delays, we cannot predict or always prepare for delays caused by changes to orders, strikes, bad weather, or other similar circumstances. We will use reasonable efforts to work with you to reschedule any orders cancelled for such unforeseen circumstances outside of our control.
Pricing, Payment and Credit Card Charges
LAGOS GROCERIES EXPRESS PRICES LISTED ON THE LAGOS GROCERIES SITES ARE AS INDICATED, AND DO NOT REFLECT THE PRICE OF ITEMS AT LOCAL STORES, NOR DO THEY REFLECT IN STORE SALES AND PROMOTIONS, WHICH WILL NOT APPLY TO YOUR EXPRESS PURCHASE Any benefits for which you may have been eligible as a result of any in-store membership or loyalty programs will not apply to your purchase of Express Products on the Lagos Groceries Sites. Certain service fees may be applied to your Express order at checkout for using the Express Service.
When you place your Express order, we will temporarily charge the credit card you provide and submit through the in an amount based on the Express items you have ordered, and a temporary authorization charge will appear on your bank statement. From time-to-time, based on availability and stocking in the applicable local store, Shoppers may be unable to fulfill your entire order after you have submitted it on the Lagos Groceries Sites. Local stores may run out of the item you have selected, without notice. You can view which items were out of stock on your delivery confirmation email as well as through your order history available on the Lagos Groceries Sites. You will not be charged for out of stock items. Ultimately, the final charge to your credit card will reflect the cost of the items in your Express order that are fulfilled.
Tips for Shoppers
You may enter a gratuity amount for the Shopper that fulfills your Express order on the checkout page of the Lagos Groceries Sites. This gratuity amount will be transferred in whole to the applicable Shopper. You may select from pre-calculated percentage-based gratuities or create a custom gratuity. THIS GRATUITY IS OPTIONAL.
Orders Cancellations, Returns, and Refund Policy
We cannot process any product replacements or accept any returns for products ordered through the Express service. If you receive a damaged or incorrect item in your Express order, please contact our customer service team at email@example.com and we will work with you to resolve the issue.
Prior to assignment to a Shopper, Express orders may be cancelled directly on the “My Order” tab on your Lagos Groceries account. Express orders cannot, however, be cancelled after they are assigned to a Shopper. If you have any trouble cancelling an order, please contact customer service at firstname.lastname@example.org.
Promotional Express Bags
From time-to-time, Express orders will be delivered in complimentary, reusable Express bags. These bags are yours to keep and reuse! From time-to-time, you may also return Express delivery bags that are in good discretion, in the reasonable discretion of the Shopper, to a Shopper during a subsequent Express delivery and, in exchange, Lagos Groceries may issue, in its sole discretion, a credit to your Lagos Groceries account to be applied to future purchases on the Lagos Groceries Sites. Such credits on account of returned Express bags shall have no actual cash value until such time as they are applied to pay for a purchase on the Lagos Groceries Sites, cannot be redeemed for cash or any other form of consideration, and are the property of Lagos Groceries in all respects.
ORDER REQUESTS FOR ALCOHOLIC BEVERAGES
From time to time, Lagos Groceries may market alcoholic beverages (“Alcoholic Beverages”) on the Lagos Groceries Sites. By placing your order request for Alcoholic Beverages, you represent, warrant, and certify that you and the recipient (if applicable) of any Alcoholic Beverages are at least 21 years of age.
With respect to any order requests for Alcoholic Beverages placed through the Lagos Groceries Services or on the Lagos Groceries Sites, Lagos Groceries serves only as a third-party marketer and Lagos Groceries is not, nor does it represent or warrant that it is, a licensed producer, distributor, or retailer of Alcoholic Beverages. All order requests for Alcoholic Beverages are made to, accepted by, processed by, and fulfilled by a third-party alcoholic beverage licensed vendor or supplier (“Licensed Vendor”) of such Alcoholic Beverages. The Alcoholic Beverage portion of any order request is subject to review by such Licensed Vendor(s) and may be rejected upon further review. The name of the specific Licensed Vendor for each Alcoholic Beverage will be provided within the product description on the Lagos Groceries Sites for that Alcoholic Beverage. Each applicable Licensed Vendor will be responsible for fulfilling its order requests, including, without limitation, receipt of the purchase price, shipping, returns, refunds, and the payment of any applicable marketing fees.
Shipments of Alcoholic Beverages are delivered by UPS®, FedEx®, or other private courier separately from other Lagos Groceries products sold through the Lagos Groceries Services or on the Lagos Groceries Sites. Shipments of Alcoholic Beverages may be delivered on a different day or time from packages containing other Lagos Groceries products. Shipments of Alcoholic Beverages may also be delayed by the Licensed Vendor, in its sole discretion, due to weather conditions, such as excessive heat.
THE SIGNATURE OF AN ADULT AT LEAST 21 YEARS OF AGE IS REQUIRED AT THE TIME OF DELIVERY OF ANY PACKAGE CONTAINING AN ALCOHOLIC BEVERAGE. IF AN ADULT AT LEAST 21 YEARS OF AGE WITH A VALIDLY ISSUED GOVERNMENT IDENTIFICATION IS NOT PRESENT AT THE DELIVERY ADDRESS DURING BUSINESS HOURS, THE DELIVERY CARRIER WILL NOT DELIVER ANY ALCOHOLIC BEVERAGES. PRODUCTS CAN BE SHIPPED TO A PLACE OF BUSINESS OR RESIDENCE. WE CANNOT SHIP TO P.O. BOX OR APO BOXES.
Lagos Groceries and/or the Licensed Vendor(s) may restrict the application of any Promotions or Promo Codes to any order requests for Alcoholic Beverages placed through the Lagos Groceries Services or on the Lagos Groceries Sites. If an Alcoholic Beverage becomes unavailable from the applicable Licensed Vendor, the Licensed Vendor reserves the right to, in its sole discretion, to replace the product with an equivalent or similar product or refund you for the item.
Please note that, by placing an order request with a delivery address in Texas, New Hampshire, or Florida, you represent and warrant that any such delivery address is in an area that allows delivery of Alcoholic Beverages to a resident. Certain states, counties, cities, and towns expressly prohibit the direct shipment of Alcoholic Beverages to consumers and violation of such laws, rules, and/or regulations can be punishable as a misdemeanor or felony. Additionally, some states, counties, cities, and towns limit the quantity and type of Alcoholic Beverages permitted to be shipped to an individual address or individual consumer, and Licensed Vendors may cancel any order requests that exceed such limitations. If you have any questions about such local laws, rules, and/or regulations, please contact your local agency for further information.
If any communication from this web site is not in conformity with any jurisdiction rules and regulations governing solicitation, advertising, shipping and/or transacting business for the sale of Alcoholic Beverages in such jurisdiction, then such communication and any offers made herein in connection therewith, shall be void to the extent prohibited by law.
AS A THIRD-PARTY MARKETER OF ALCOHOLIC BEVERAGES, LAGOS GROCERIES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE PERTAINING TO THE ALCOHOLIC BEVERAGES.
INFORMATION AND PRODUCT DESCRIPTIONS
We may include product descriptions on the Lagos Groceries Sites or in the Lagos Groceries Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Lagos Groceries Sites are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing. We do our best to keep images of product packaging up-to-date on the Lagos Groceries Sites, but you may receive a product with different packaging when there is a change from the manufacturer. If you believe a product offered on the Lagos Groceries Sites, or through the Lagos Groceries Services, is not as described, your only remedy is to return it in unused condition or to seek redress from the manufacturer.
If you find a description in poor taste, please notify email@example.com and it may be edited in our sole discretion.
Submissions or opinions expressed in any of the Lagos Groceries Services or the Lagos Groceries Sites are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party in any of the Lagos Groceries Services or the Lagos Groceries Sites. Unless we expressly state otherwise, the fact that Lagos Groceries has provided a link to a site is not an endorsement of the service or site, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Any product representations or warranties expressed in any of the Lagos Groceries Services or the Lagos Groceries Sites are that of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to, vendor promises visible on the packaging of the product and hence in the product image within the any of the Lagos Groceries Services or the Lagos Groceries Sites.
Our fulfillment centers handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients.
The Lagos Groceries Services and/or the Lagos Groceries Sites may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by Lagos Groceries from manufacturers, vendors, suppliers, other services, news wires, statistics providers, journalists, authors, and other providers (collectively the “Information Providers”). We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Lagos Groceries Sites or through the Lagos Groceries Services. You agree that Lagos Groceries and the Information Providers shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Lagos Groceries, nor the Information Providers will be liable in any way for the interruption of any data, Information or other aspect of the Sites. You understand that none of the Information available through the Lagos Groceries Services or the Lagos Groceries Sites constitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITES. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU PLEASE ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE LAGOS GROCERIES SERVICES OR ON THE LAGOS GROCERIES SITES IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE LAGOS GROCERIES SERVICES OR ON THE LAGOS GROCERIES SITES.
OUT OF STOCKS
If a product you have selected is not in stock, we reserve the right to, at our discretion, replace the product with an equivalent or similar product, provide you with a credit to your account for the amount paid for such item, or refund you for the item. “Equivalent” or “similar” items may be the same brand but a different type, size or flavor, or may be the same type of product but a different brand, size or flavor. Price adjustments for alternate products will not be requested by us nor extended to you in the event of a product substitution.
REVIEWS, COMMUNICATIONS, AND CONTENT
The Lagos Groceries Sites may permit you, from time-to-time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive of the character margins, an obscene image derived from keyboard characters, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” Lagos Groceries may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to Lagos Groceries through the Lagos Groceries Services, on the Lagos Groceries Sites or on other electronic communications (including through any part of Lagos Groceries administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with Lagos Groceries or the Lagos Groceries Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate these Terms; and (3) you own or otherwise control all the rights to the content that you post. Lagos Groceries may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Lagos Groceries Sites and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to Lagos Groceries an royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that Lagos Groceries is free to use any ideas, concepts, feedback, and know-how you provide to Lagos Groceries. You grant Lagos Groceries the right to use the name you submit in connection with such Submissions if we choose.
Without limiting any of the foregoing, Lagos Groceries is free to use any ideas, concepts, know-how or techniques contained in any Submissions you send to Lagos Groceries for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Lagos Groceries does not endorse any submitted content or opinions on the Lagos Groceries Sites or through the Lagos Groceries Services and such submissions are that of the user expressing them.
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Lagos Groceries Sites are the exclusive intellectual property of Lagos Groceries, are licensed to Lagos Groceries by third parties, or are otherwise permitted to be used by Lagos Groceries. The collection, arrangement, and assembly of all Content on the Lagos Groceries Sites (the “Compilation”) belongs exclusively to Lagos Groceries. The Lagos Groceries Services and the Lagos Groceries Sites, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by Lagos Groceries and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the Lagos Groceries Services or the Lagos Groceries Sites (the “Software”) is the property of Lagos Groceries or its Software suppliers, which is also protected by U.S. and international copyright laws. Lagos Groceries, Lagos Groceries.com, Lagos Groceries Wholesale and other logos, slogans, trade names or words are trademarks and, in some cases, are pending registration.
The use of any of Lagos Groceries’s Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Lagos Groceries Sites, or in the Lagos Groceries Services, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all Content, Compilation, Software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
DISCLAIMER OF WARRANTIES
Important: This section is important because it is a disclaimer by Lagos Groceries of certain warranties and liabilities. You understand and agree that Lagos Groceries will not assume responsibility for many items. We love our customers and we will always to try to do our best for each them, subject to all of the Terms and, specifically, these disclaimers.
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THE TERMS AND THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND, THEREFORE, YOUR USE OF THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES IS AT YOUR RISK. LAGOS GROCERIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES WILL BE SECURE; THAT THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES OR THE SERVERS THAT MAKE THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, OR THIRD PARTIES WORKING ON BEHALF OF LAGOS GROCERIES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, ADVICE, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM LAGOS GROCERIES OR THIRD PARTIES WORKING ON BEHALF OF LAGOS GROCERIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT:
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND
LAGOS GROCERIES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE LAGOS GROCERIES SITES OR THROUGH THE LAGOS GROCERIES SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
Important: this Section 13 is important because it explains how, and the extent to which, Lagos Groceries limits many of its liabilities. Like many other companies, Lagos Groceries limits its liabilities for various reasons, including because it helps us to provide the Lagos Groceries Services and the Lagos Groceries Sites in an efficient and user-friendly manner.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER LAGOS GROCERIES NOR ITS EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS, OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, OR INFORMATION, SOFTWARE, CONTENT, COMPILATIONS, AND OTHER SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES; (ii) ANY CONTENT POSTED ON THE LAGOS GROCERIES SITES OR AVAILABLE THROUGH THE LAGOS GROCERIES SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE LAGOS GROCERIES SITES; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES; (vii) LAGOS GROCERIES’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE LAGOS GROCERIES SERVICES AND THE LAGOS GROCERIES SITES; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES; (ix) ANY ACT OR OMISSION OF YOU, LAGOS GROCERIES, OR ANY THIRD PARTY ON THE LAGOS GROCERIES AT OR ON PHYSICAL PREMISED OWNED, OPERATED, MAINTAINED, LICENSED, OR USED BY LAGOS GROCERIES, INCLUDING IN CONNECTION WITH THE PICKUP OF ANY PRODUCTS OFFERED ON THE LAGOS GROCERIES SITES BY YOU AT ANY LAGOS GROCERIES FULFILLMENT CENTER OR PARTICIPATION IN ANY EVENT, CONTEST, SWEEPSTAKE, PROMOTION, OR OTHER SIMILAR ACTIVITY CONDUCTED AT A PHYSICAL LOCATION; OR (x) OTHERWISE ARISING OUT OF YOUR USE OF THE LAGOS GROCERIES SITES, IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LAGOS GROCERIES, ITS SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LAGOS GROCERIES SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE LAGOS GROCERIES SERVICES AND THE LAGOS GROCERIES SITES IS AT YOUR SOLE RISK. PLEASE DO NOT USE THE LAGOS GROCERIES SERVICES AND/OR THE LAGOS GROCERIES SITES WHILE DRIVING OR OPERATING HEAVY MACHINERY.
THIS SECTION 13 AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THIS SECTION 13 DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT LAGOS GROCERIES’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM LAGOS GROCERIES’S OWN INTENTIONAL OR RECKLESS CONDUCT.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION 13 IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, LAGOS GROCERIES’S TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT IS RETURNED BY YOU TO LAGOS GROCERIES. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE LAGOS GROCERIES SERVICES AND SITES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF LAGOS GROCERIES.
You agree, to the fullest extent permitted by law, to indemnify and hold Lagos Groceries and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys’ fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Lagos Groceries Services or the Lagos Groceries Sites, including in connection with your presence on any physical property owned, operated, licensed, or maintained by Lagos Groceries from time to time; (ii) your violation of any term of the Terms; (iii) your violation of law or of any third party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the Lagos Groceries Services or the Lagos Groceries Sites caused damage to a third party. Lagos Groceries reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Lagos Groceries if and as requested by Lagos Groceries in the defense of such matter.
RISK OF LOSS
All goods and products purchased by you from Lagos Groceries are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
To avoid potential risks of contamination during the Covid-19 pandemic, we are not accepting returns at this time. This temporary change is in place until further notice.
MODIFICATIONS TO THE LAGOS GROCERIES SERVICES, THE LAGOS GROCERIES SITES, AND TERMS
Lagos Groceries reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Lagos Groceries Services and/or the Lagos Groceries Sites with or without notice. Lagos Groceries also reserves the right to terminate, discontinue, modify or cancel any or all Promotions, including, without limitation Promo Codes and the Cash Rewards program, Lagos Groceries Up, Lagos Groceries subscription services, and/or the Terms, terms, any policy, FAQ, and/or guideline pertaining to the use of the Lagos Groceries Services, the Lagos Groceries Sites, and/or any Promotion, product, or service at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on the Lagos Groceries Sites or through the Lagos Groceries Services. As stated above, your use of the Lagos Groceries Sites, Lagos Groceries Services, any Promotion, Cash Rewards, Lagos Groceries Up, Lagos Groceries subscription services, or any other product or service confirms your acceptance of the Terms and any such changes or modifications.
LAGOS GROCERIES MOBILE APPLICATIONS
If you use the Lagos Groceries iOS app, your use of the Lagos Groceries Sites and Lagos Groceries Services is subject to this section.
Acknowledgment. Apple requires you to agree to certain terms. By using our iOS App, you acknowledge and agree that: (i) these Terms are concluded between you and Lagos Groceries only, and Apple is not a party to these Terms; (ii) as between Lagos Groceries and Apple, it is Lagos Groceries that is responsible for Lagos Groceries’s iOS app and the content thereof; (iii) Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Lagos Groceries iOS app or your possession and use of the Lagos Groceries iOS app, including, but not limited to (a) product warranty or liability claims, (b) any claim that the Lagos Groceries iOS app fails to conform to any applicable legal or regulatory requirement, or (c) claims arising under consumer protection or similar legislation; and (iv) Apple has no obligation to furnish you with any maintenance or support services with respect to the Lagos Groceries iOS app.
In the event of any failure of the Lagos Groceries iOS app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the Lagos Groceries iOS app (if any) to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Lagos Groceries iOS app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of Lagos Groceries will be Lagos Groceries’s responsibility, but only to the extent provided by these Terms. Please review these Terms in their entirety as they limit our liability as it pertains to this section and otherwise.
Apple as Third-Party Beneficiary. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to your compliance with this section. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Maintenance and Support. Except as set forth above and to the extent required by applicable law, Lagos Groceries, and not Apple, is responsible for providing maintenance and support services with respect to the Lagos Groceries iOS app.
Intellectual Property Rights. You acknowledge that, in the event of any third-party claim that the Lagos Groceries iOS App or your possession and use of the Lagos Groceries iOS app infringes that third party’s intellectual property rights, Lagos Groceries, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
The Lagos Groceries app from Google Play Store
If you use the App from Google, Inc. or one of its affiliates or successors (“Google”) available through Google Play, your use of the Lagos Groceries Sites and Lagos Groceries Services is subject to this section. If there is any conflict between these Terms and the Google Play Developer Distribution Agreement and such other terms which Google designates as default end user license terms for Google Play (collectively, the “Google Play Terms”), the Google Play Terms shall apply.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not a resident of Switzerland, the United Kingdom or a member nation of the European Economic Area that is accessing the Lagos Groceries Sites from within the geographic territory of Switzerland, the United Kingdom or a member nation of the European Economic Area; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties (e.g., any sanctions list maintained by the Office of Foreign Asset Control or other similar list maintained by a government agency).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and/or or terminate or revoke any or all your rights granted under the Terms. Upon any such termination, you shall immediately cease all access to and use of the Lagos Groceries Services and the Lagos Groceries Sites and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Lagos Groceries Services, the Lagos Groceries Sites, Lagos Groceries Up, Lagos Groceries subscription services, and any Promotions, products, or other services in whole or in part. Any termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
DISPUTES - AGREEMENT TO ARBITRATE CONTROVERSIES
PLEASE READ THIS SECTION CAREFULLY – IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Lagos Groceries and you agree that these Terms, and the use of the Lagos Groceries Sites and the Lagos Groceries Services, involve and affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply govern the interpretation and enforcement of this Section 22.
In these Terms, the capitalized word “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Lagos Groceries Services, the Lagos Groceries Sites, your use of any of the Lagos Groceries Services, Lagos Groceries Sites, Promotions, or to any products or services sold or distributed by Lagos Groceries or otherwise through the Lagos Groceries Services or the Lagos Groceries Sites, your access or any other party’s access to and/or use of the Lagos Groceries Services and the Lagos Groceries Sites, and/or the provision of content, products, services, and/or technology on or through the Lagos Groceries Services and/or the Lagos Groceries Sites.
In the event of a Dispute, Lagos Groceries or you must give the other party notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Lagos Groceries by email to firstname.lastname@example.org and by U.S. Mail to Lagos Groceries, Attention: Legal, 13752 La Jara Circle, Cerritos CA 90703. If Lagos Groceries has your contact information, we will send any such notice to you by U.S. Mail to the address you have set in your account settings and to your email address.
You agree to try to resolve any Dispute with us through informal negotiations which are to begin within 30 days of the date that any notice of Dispute is sent by email and U.S. Mail to the other party. You and we agree to use reasonable, good faith efforts to settle any Dispute through consultation and negotiations. If after 30 days of such consultation and negotiation, we still cannot resolve the Dispute and if you or Lagos Groceries do not want to continue reasonable, good faith efforts to settle the Dispute through consultation and negotiations, Lagos Groceries or you may then resort to the other alternatives described in this section.
Notwithstanding anything to the contrary contained in this Section 22, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Lagos Groceries Services or the Lagos Groceries Sites shall not be subject to the notice, 30-day negotiation period, or arbitration as otherwise required by this Section 22.
Except as otherwise specifically set forth in this Section 22, if a Dispute of any kind between you and Lagos Groceries remains unresolved after 30 days of reasonable, good faith efforts to settle the Dispute through consultation and negotiations, the Dispute shall be resolved by binding arbitration. This arbitration provision will also apply to any Dispute between you and any present or future parent, subsidiary, or affiliate of Lagos Groceries, or any employee, officer, director, or investor of Lagos Groceries.
Except as otherwise specifically set forth in this Section 22, any Dispute will be resolved by binding arbitration, rather than in court; provided, however, that:
if you have, in any manner, violated or threatened to violate Lagos Groceries’s intellectual property rights, Lagos Groceries may seek, and you shall not oppose, injunctive or other appropriate relief in any federal court located in Los Angeles County, Los Angeles, and you consent to exclusive jurisdiction and venue in such courts;
if any court or arbitrator determines that the arbitration provisions provided in this Section 22 are void or unenforceable for any reason, then the applicable Dispute shall be litigated in federal court located in Los Angeles County, Los Angeles, and you consent to exclusive jurisdiction and venue in such courts; and/or
Lagos Groceries or you may assert claims in small claims court, if the applicable claims qualify and where jurisdiction and venue over you and Lagos Groceries otherwise qualifies for such small claims court; provided, however, that if you decide to pursue a claim in small claims court, you agree that you shall still provide Lagos Groceries thirty 30 days’ prior written notice by email to email@example.com and by U.S. Mail to Lagos Groceries Inc. d/b/a Lagos Groceries, Attention: Legal Team, 13752 La Jara Circle, Cerritos, CA 90703.
Arbitration is more informal than a lawsuit in court in that there is no judge or jury in arbitration. Arbitration seeks to resolve disputes more quickly and court review of an arbitration award is limited. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. Lagos Groceries and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Lagos Groceries and you understand that, absent this mandatory arbitration provision and other applicable Terms, Lagos Groceries and you would have the right to sue in court and have a jury trial. Lagos Groceries and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The arbitrator’s award will be in writing, shall be binding, and may be entered as a judgment in any court of competent jurisdiction.
Arbitration under this agreement shall be conducted by a single arbitrator, and at a location, governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. You agree to submit to the personal jurisdiction of any state or federal court in Los Angeles, Los Angeles to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Lagos Groceries is specifically required to pay such fees under applicable law.
To begin an arbitration proceeding, you must contact Lagos Groceries, in writing (the “Demand”), to inform us of your intent to arbitrate a dispute. This Demand must: briefly explain the dispute; list your name, your address, and, if applicable, the name of your representative; specify the amount of money in dispute, if applicable; identify the requested location for the arbitration, if an in-person hearing is requested; and state your demands. At the time you send the Demand to Lagos Groceries, you must also send the following to the AAA: (i) a copy of the Demand; (ii) a copy of these Terms; and (iii) the applicable filing fee. You may submit these materials to the AAA by mail, online, or in person at an AAA office. As of the date of these Terms, the AAA’s mailing address is (but it should be confirmed):
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
If for any reason a Dispute between Lagos Groceries and you is before a court (e.g., if the arbitration provisions are found unenforceable), Lagos Groceries and you agree to waive, to the fullest extent allowed by law, any trial by jury. As more fully set forth above, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
You may opt not to be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Lagos Groceries by email to firstname.lastname@example.org. The notice must be sent within 30 days of your first use of any of the Lagos Groceries Services or the Lagos Groceries Sites after the posting of these Terms on December 8, 2016. If you do not opt out pursuant to this Section 22, you will be bound to arbitrate Disputes in accordance with the terms of this Section 22. If you opt out of the provisions requiring arbitration, Lagos Groceries will not be bound by the terms of this Section 22 either with respect any Dispute it has with you.
CLASS ACTION WAIVER
PLEASE READ THIS SECTION 23 CLASS ACTION WAIVER CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
For purposes of this Section 23 Class Action Waiver, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to the Terms (including, for example, any dispute about the validity or enforceability of the Terms), the Lagos Groceries Services, the Lagos Groceries Sites, any products or services sold or distributed by Lagos Groceries or otherwise through the Lagos Groceries Services or the Lagos Groceries Sites, your access or any other party’s access to and/or use of the Lagos Groceries Services and the Lagos Groceries Sites, and/or the provision of content, products, services, and/or technology on or through the Lagos Groceries Services and/or the Lagos Groceries Sites.
Lagos Groceries and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Lagos Groceries and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this Section 23 Class Action Waiver is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Los Angeles County, California.
If any clause within this Section 23 Class Action Waiver is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Section 23 Class Action Waiver will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Lagos Groceries, or any employee, officer, director, or investor of Lagos Groceries, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
GOVERNING LAW AND JURISDICTION
THE LAWS OF THE STATE OF CALIFORNIA APPLY TO EVERYTHING RELATING TO YOUR RELATIONSHIP AND DEALINGS WITH LAGOS GROCERIES. THIS MEANS THAT THE TERMS, ANY AND ALL DISPUTES, CLAIMS AND CONTROVERSIES ARISING OUT OF OR RELATING TO THE LAGOS GROCERIES SERVICES OR THE LAGOS GROCERIES SITES SHALL BE GOVERNED BY AND CONSTRUED EXCLUSIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
Lagos Groceries or its partners may provide you access to certain physical locations from time to time, in the exercise of their sole discretion, for the in-person pick-up of products purchased or marketed on the Lagos Groceries Sites and the Lagos Groceries Services. You agree that when on such premises, you will comply with all posted rules, regulations, and applicable laws, pertaining to your presence on, and use of, such premises. Lagos Groceries, its partners, or a third-party designated by Lagos Groceries or its partners, may communicate additional rules to you from time to time and your continued presence on the premises will be deemed to indicate your acceptance of such rules. You acknowledge and agree that you shall remain solely liable for all of your actions and omissions taken while present on such premises, and the actions and omissions of any minors accompanying you to the premises. You agree that you are solely responsible, and Lagos Groceries will have no liability, for any third-party product (i.e., product not purchased from Lagos Groceries) that you may bring onto such premises in connection with your pick-up.
You may be asked to present an order confirmation, receipt, or sign a bill of lading (“BOL”) or similar document upon pick-up of products, following which you will assume title and take physical possession of products. For Products picked-up at Lagos Groceries locations, prices listed on any such document may reflect a price based on a bulk purchase of merchandise; consequently, you agree that any Lagos Groceries Gift Cards, coupons, Promo Codes, and other discounts or promotions otherwise applicable to the purchase of the same goods offered by Lagos Groceries shall not apply toward the Products purchased hereunder. Lagos Groceries warrants that upon release of products sold by Lagos Groceries to you, Lagos Groceries will have good title to those products. EXCEPT AS OTHERWISE STATED HEREIN, LAGOS GROCERIES MAKES NO WARRANTY OF ANY KIND WITH REGARD TO THE PRODUCTS OR PRODUCTS MARKETED BY US AND SOLD BY OUR PARTNERS. Unless otherwise prohibited by law, ALL SALES ARE FINAL unless otherwise approved in advance and in writing by Lagos Groceries. ALL CLAIMS MUST BE SUBMITTED TO LAGOS GROCERIES WITHIN 14 DAYS OF CUSTOMER’S PICK-UP AND ASSUMPTION OF TITLE.
We understand life is hectic! From time to time, you may be able to schedule regular deliveries of your favorite items with a subscription service offered by Lagos Groceries. More details of Lagos Groceries’s subscription services will be shared with you here or on the pages describing and/or administering or the particular subscription services. By placing an order through a Lagos Groceries subscription service, you agree to the terms, conditions, limitations and requirements applicable to the subscription service. Without limiting the effect of Section 17, Lagos Groceries reserves the right to change the subscription service benefits, including any discounts and eligibility used to determine discount amounts, and pricing of products purchased pursuant to your subscription at our sole discretion in accordance with applicable laws (including those laws requiring advanced notice of any such changes). All changes will apply to future orders, including those for current subscriptions.
To subscribe to an eligible product, simply follow the subscription instructions on your account home page, or the product page for the item or items you would like to subscribe to. It’s as simple as that! We will send you a reminder email before each delivery showing you the product(s) and any applicable discount for your upcoming delivery. The prices on your items may change, depending on the price for the selected product(s) at the time your order is processed and shipped, in accordance with applicable laws.
If you have any questions regarding your subscription, or need additional help, you can contact us at email@example.com.
Eligible Products & Offer Details
You can subscribe to eligible products that provide a subscription offer on the Lagos Groceries Sites. By subscribing to Lagos Groceries’s subscription service, Lagos Groceries will automatically create a new order according to your chosen delivery schedule, and will charge one or more of your payment methods on file, until you modify your subscription, modify your payment methods, or cancel your subscription. The details of a subscription offer may change upon notice to you as you receive deliveries over time. These changes can include item price, minimum order amounts, and shipping charges.
Your Lagos Groceries subscriptions are unique to you, and you may not assign or transfer any subscription or any of the benefits to a third party without our authorization. Lagos Groceries’s subscriptions are void where prohibited.
To skip a delivery or cancel a subscription, email us at firstname.lastname@example.org at least three (3) business days before your next scheduled ship date.
Discounts & Promotions
Lagos Groceries may offer subscription discounts and other limited-time promotions on one or more eligible subscription products. If there is a discount applicable to an item, the discount for that item will appear on the product page, and then may only apply if you select the subscription delivery method. Lagos Groceries may change any discount at any time. Limited-time promotions apply only during their effective dates.
If an item ships before the subscription discount changes, you will receive the old discount on that order; however, the new discount, if any, will apply to future orders. The item price and any applicable discounts will be calculated before your reminder email. The price of the item may decrease or increase between deliveries, but will never be higher than the price shown in your reminder email.
When your order is processed, Lagos Groceries will charge you the cost of the item on that day, less any applicable subscription discount, plus any applicable sales taxes and other governmental charges and fees. We’ll apply any eligible promotional credit balances on your Lagos Groceries customer account toward the balance of your order before charging any remaining balance to your payment method on file.
We will bill your subscription to the payment method used to create your subscription or as otherwise directed by you. If we cannot complete your order with the payment method you used to create your subscription, you authorize us to update your subscription with an alternative payment method in your account and to charge your subscription on that payment method.
All returns under Lagos Groceries’s subscription service are subject to Lagos Groceries’s return policy HERE.
Your subscription will remain in effect until it is cancelled. You can cancel at any time through your Account page, or by contacting us at email@example.com at least three (3) business days before your next scheduled ship date. If you cancel your subscription for an item and then reactivate it, the discount applied when you reactivate the subscription may not be the same as the discount in effect when you cancelled. If the discount percentage for such subscription item changes, the new discount will be applied to your future shipments of that item.
FULFILLED BY THIRD PARTIES
Certain products and services marketed on the Lagos Groceries Sites are stored, shipped, and fulfilled by third-party manufacturers, distributors, suppliers, and/or other independent parties. These products will not be in orders coming directly from a Lagos Groceries fulfillment center. Instead, they will be shipped to you directly from the third party. Lagos Groceries will endeavor to identify such relationships on the applicable product pages and/or in the product description, but makes no guarantee, representation, or warranty that all or any products fulfilled by third parties will be so identified. In instances where products fulfilled by third parties are displayed on the Lagos Groceries Sites, Lagos Groceries is acting solely in its capacity as marketer to such third parties with respect to the products and services fulfilled by such third parties.
Once you have placed an order through the Lagos Groceries Sites for products and services that are fulfilled by parties other than Lagos Groceries, we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from Lagos Groceries or the applicable third-parties that will be responsible for fulfilling third-party goods and services market on the Lagos Groceries Sites, which order confirmation may be issued directly by such third-parties or Lagos Groceries on such third parties’ behalf.
Certain products and services fulfilled by third-parties may require additional time for delivery, may involve surcharges for shipping, handling, and/or delivery, may require age verification upon delivery, or may have additional requirements imposed by the third party fulfilling the order for these products and services in order to process orders and completed delivery. Lagos Groceries will endeavor to describe all requirements applicable to such third party products and services, but makes no guarantee, representation, or warranty that all or any requirements applicable to such third-party products and products will be identified, or, if identified, that such identified requirements will be accurate or complete.
Scheduled Delivery Services
Some products and services fulfilled by third parties require scheduled delivery due to their size and weight, the nature of the products and services, or the value of the products and services. These items may include, without limitation, large electronics, furniture, fitness and sporting equipment, jewelry, flowers and plants, recreation vehicles, appliances, yard fixtures, and other bulky items. If scheduled delivery is required, confirm in advance that an adult, age 18 or over (19 or over in AL or NE), with valid government-issued photo identification is available throughout the period of the scheduled delivery. Additional delivery requirements may be required to successfully complete delivery, some items may be delivered separately from other items in your order, and delivery to particular areas of your home may not be available. Failure to meet any minimum delivery and acceptance requirements communicated to you may result in additional shipping, handling, and/or delivery charges.
Without limiting Lagos Groceries’s limitation of liability in Section 13, in the event that the fulfillment and/or delivery of any third-party products and services require access to or entry into your premises, you agree that Lagos Groceries shall have no responsibility or liability whatsoever for any acts or omissions of the applicable third party or its representatives fulfilling and delivering the purchased products and services. By accepting products or services on your premises, you grant the third party and its representatives fulfilling and delivering the products and services purchased a license to enter your premises as invitees to perform the delivery services, the installation services (if applicable), and other services requested and purchased with your order.
Delivery with Installation; Haul-Away and Recycling
If delivery with installation is available and selected by you during checkout, Lagos Groceries or the third-party fulfilling the purchased products and services will deliver and install your purchase, subject to the agreed terms available at the time of purchase.Installation is not available for all products and may require additional fees along with the purchase of specific accessories or parts needed to make these connections. The third-party provider may make available recycling and haul-away services, which services may be subject to additional charges and fees as determined by the third-party fulfilling the new products purchased. If recycling or haul away services are not available, your new product you will need to have all old products disconnected and removed prior to the arrival of the delivery and installation personnel.
Customer Service; Return Policy for Third-Party Goods and Services
The third parties shipping, fulfilling, and delivering products and services marketed on the Lagos Groceries Sites may be in the best position to assist you with the portions of your order(s) comprised of goods and services not fulfilled by Lagos Groceries. Unless noted otherwise, please contact the appropriate third party directly to resolve the problem. In most cases, Lagos Groceries cannot track orders or process cancellations, returns or replacements for items that were purchased from a third party through use of the Lagos Groceries Sites or Lagos Groceries Services, and these items cannot be returned to a Lagos Groceries. We will coordinate with these third parties to assist you with any questions or issues, but such parties may have customer service policies and procedures that vary from these Terms and will control the products and services they fulfill and deliver. In addition, such products and services may be subject to return policies specific to the third-party products and services offered, which Lagos Groceries will endeavor to identify on the relevant product pages and/or in the relevant product description.
LAGOS GROCERIES UP (“Lagos Groceries Up”)
Upgrade your joy with perks. Lagos Groceries is happy to provide a premium perks experience, Lagos Groceries Up! Lagos Groceries Up provides certain enhanced benefits from time to time, which may include reduced minimum order thresholds, enhanced Cash Rewards, reduced free shipping thresholds, exclusive Promotions, and other exclusive Lagos Groceries Up benefits. Lagos Groceries reserves the right to exclude certain goods and services from the Lagos Groceries Up benefits offered, which exclusions may exclude Lagos Groceries Hotels, Alcoholic Beverages, Lagos Groceries Express, and any goods and services fulfilled by third parties, including shipping, handling, and other fees charged by such third parties. The current benefits offered through Lagos Groceries Up can be found HERE. Certain users and account types are ineligible for enrollment in the Lagos Groceries Up program, including, without limitation enterprise accounts, certain business to business accounts, and other accounts and users that Lagos Groceries determines are ineligible to enroll in Lagos Groceries Up from time to time in the exercise of its sole discretion. Each household is limited to one Lagos Groceries Up account.
Enrollment and Annual Fee
You may enroll in Lagos Groceries Up through your personal account page on the Lagos Groceries Sites, or through other means that we may make available to you from time to time. Enrollment will be for periods of one year, unless a different period is specified at the time, and through the means, of enrollment. You will be charged a fee for your enrollment in Lagos Groceries Upon or about the date of enrollment, subject to any trial periods that may be offered by Lagos Groceries from time to time at our sole discretion. The annual fee for Lagos Groceries Up will be stated on your account page or through any other means provided for enrollment in Lagos Groceries Up. From time to time, we may offer different benefit and payment options under Lagos Groceries Up, and the fees for such options may vary depending on the option chosen.
Enrollment in Lagos Groceries Up may require you to have a valid telephone number and a valid credit or debit card on file that will be used to process your annual fee for the first year, and which will be stored to process the annual fee for each year thereafter. Gift Cards, coupons, Promo Codes, and other discounts or Promotions are not eligible to be applied to the cost of your Lagos Groceries Up annual fee. Taxes may apply on either or both of the Lagos Groceries Up annual fee and the benefits provided through Lagos Groceries Up (such as reduced and/or free shipping charges).
By providing your phone number, you agree that we may call you from time to time on the number provided in connection with the management of your Lagos Groceries Up account, including to discuss any issues with the payment method provided. By providing your credit or debit card, you authorize Lagos Groceries or its agents to charge the provided card for each subsequent year of enrollment, unless you cancel your enrollment by following the steps described in the “Lagos Groceries Up Cancellation” paragraph below.
If all eligible payment methods we have on file for you are declined for payment of your Lagos Groceries Up annual fee (whether for your initial enrollment or any subsequent renewal), you must provide us a new eligible payment method promptly or your enrollment may be immediately suspended or cancelled. If you provide us with a new eligible payment method and are successfully charged, your new enrollment period will be based on the original renewal date and not the date of the successful charge. If you do not provide us with a new eligible payment method or are not otherwise successfully charged, we reserve the right to apply any Cash Rewards or similar Promotion balances accrued in your account for application to any Lagos Groceries Up benefits conferred to you, but not paid for.
Lagos Groceries Up Cancellation
You may cancel your Lagos Groceries Up enrollment at any time by visiting your account page and adjusting your Lagos Groceries Up enrollment; provided that we may charge you (or withhold from any eligible refund amount) the value of all Lagos Groceries Up benefits used by you prior to the effective date of your cancellation. You may also cancel your Lagos Groceries Up enrollment prior to the one-year anniversary date of subscribing to Lagos Groceries Up or the last renewal of your Lagos Groceries Up enrollment by either visiting your Lagos Groceries account page and following the Lagos Groceries Up cancellation instructions, or, if unavailable, by sending an email to customer service at firstname.lastname@example.org. You will continue to enjoy your Lagos Groceries Up perks until the cancellation effective date; provided that Lagos Groceries Up perks that may have accrued prior to the cancellation effective date, but that will be delivered or provided after the cancellation effective date may be forfeited in the event of your cancellation. You will not be charged for the following year if you cancel your Lagos Groceries Up enrollment prior to the start of that enrollment year. If you cancel at any other time, you will not be eligible for any refunds of your Lagos Groceries Up annual fee, but Lagos Groceries may issue a refund for your annual fee in the exercise of its sole discretion.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTOMATICALLY RENEW YOU LAGOS GROCERIES UP ENROLLMENT, YOU UNDERSTAND THAT YOUR LAGOS GROCERIES UP ENROLLMENT WILL AUTOMATICALLY RENEW ON THE ONE-YEAR ANNIVERSARY OF YOUR ENROLLMENT IN LAGOS GROCERIES UP AND FOR ONE-YEAR PERIODS EACH YEAR THEREAFTER AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE ANNUAL FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
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