TERMS AND CONDITIONS

1. Accounts

In order to sell, shop and auction with Elahia, you may be required to register with us and set up an Elahia account. You may register your Account as an individual or as an authorized representative of a company. You may not be able to access and or use certain Elahia services except you are logged into your account. To access and or use certain Elahia services, you need to have a valid payment method linked to your account.

If you use any Elahia services, where legally applicable, you consent to accept all responsibility to protect and maintain all your personal and confidential information linked to your account including password, passcode, authentication code and unauthorized access to your computer(s). You will not transfer your account to another party without our consent. If at any point you suspect that your password has been compromised, is known and or used or likely to be used in an unauthorised way by anyone else to access your Elahia account. You must immediately inform us via our Reporting Portal. It is your responsibility to take all necessary measures to protect and ensure your password remains confidential, secured and safe. You are responsible for any and all activities that take places within your account, password and Shop as applicable by local and international law (Whichever is enforceable).

 

You should inform Elahia of any changes to your information and details through the MY Account Portal of elahia.com. All information you provide to Elahia must be accurate, complete and up to date.

 

Your Elahia account use must;

1. Conform to acceptable and applicable legal standards. You must not use Elahia platform to engage in fraudulent, criminal and or any unlawful activities.
2. You must conform to terms and conditions of Elahia use: At no time must you use Elahia platform to engage in activities that will or is likely to negatively impact, affect, interrupt, damage and or jeopardize any part of Elahia services.
3. You must never use Elahia in a way that it will cause discomfort, inconvenience, anxiety, disrespect and or harm to anyone.

 

Where Elahia has reasonable proof of breach and violation of Elahia Terms and Conditions, Guidelines, Policies, Conditions of Use and applicable laws. Elahia reserves the right to terminate accounts, remove and or edit content(s), refuse service and or report offender(s) to the appropriate authorities.

 

1. Reviews, Comments, Communications and Other Content

Elahia allows You to like and follow users and shops. Elahia also allows you to post reviews, comments, share ideas, suggestions, raise and ask questions and other relevant contents. You must ensure that the content of any and all of these do not:

1. contravene any laws,
2. is void of indecent,
3. convey hostility,
4. libellous,
5. infringe on the privacy of any user of Elahia,
6. infringe on the intellectual property rights of seller or any user of Elahia services.
7. harm Elahia or to its third parties,
8. carry and distribute any virus,
9. Use any robot, spider, scraper or other automated means to access Elahia and collect content for any purpose without our express written permission,
10. Harvest or otherwise collect information about others, including email addresses, without their consent,
11. Bypass measure used to prevent or restrict access to Elahia,
12. Involve politics and
13. promote any business (unless it meets Elahia Promotion T&C) neither should it be unsolicited e-mails and letters and or Spams. You must not use bogus e-mail address, impersonate anyone, organization, business and or any entity to give the wrong impression about the source of a content.

Any and all misleading content promoted on Elahia if reported or flagged, Elahia may edit or remove the misleading content. Elahia encourages users to report to Elahia via our Reporting Portal any content and product for sale on platform that has an element of libellous content and or infringes your intellectual property rights.

 

1. 1. Elahia reserves the non-exclusive rights and royalty-free license to:
2. Use, reproduce, publish, translate, make accessible, tweak, share to a global audience any and all aspect of your generated and displayed customer reviews, contents, comments, suggestions, ideas, questions and answers on Elahia website. (Including but not limited to Images, Videos, Audios and texts.
3. Right to sublicense these rights to third parties.
4. The right to link your identity to the content but not transfer your moral rights.
5. When you delete or where applicable remove any content from public view, you have retracted your license for Elahia to Use the content publicly.
6. Contents can be deleted, edited, updated, and where applicable hidden from public view or shared to a select group the owner has granted access at any time by the owner, without permission from or notifying Elahia. When you post any content on Elahia:

1. you signify and certify ownership and full control of all rights of the content.
2. The content and or material posted is accurate on the publication date.
3. The content and its application meet all applicable policies, guidelines and Conditions of Use.
4. The content and or its application is not libellous, will not pose a danger, not harmful to anyone, person, Elahia.com, any third party and or entity.
5. You also agree to compensate Elahia for all claims brought against Elahia by any third party due to and or connected to and directly as a result of your content and materials you made available on Elahia.
6. Elahia however, would be liable for any claims brought against Elahia due to our failure to suitably remove such content after being notified via our Reporting Portal of the unlawful character of the content based on available, tangible and verifiable proof(s).

1. Sellers 

Elahia provides a platform for third parties to Operate Stores, Provide Services, Sell Products, Promote Merchandise and or Services.

1. Elahia does not inspect, assess and or verify seller(s) product(s) or services.
2. Elahia does not guarantee and nor warrant any Seller(s), Business(es), User(s)
3. Elahia does not warranty or guarantee quality of any product and or service on its platform.
4. Elahia does not and will not assume responsibility and or liability for the activities, products and or content(s) of any of these including any other third parties.
5. Elahia is a transaction facilitator between a buyer and a seller on all Elahia platforms. Elahia is not the buyer nor the seller of the item(s) but is a service provider to the buyer and seller to bargain and execute a business transaction. At no point does Elahia become a part of the contract, take any responsibility for the transaction or act as a middle person for the seller or buyer.
6. Sellers in Elahia are solely responsible for the sale of their products and services, managing any and all aspect of any buyer claims and or related issues from and directly linked with the particular transaction and contract between buyer and seller.
7. However, because buyer & seller’s safety and satisfaction is Elahia’s priority and because Elahia wants buyers & sellers to have outstanding Shopping experience. Elahia provides Buyer protection and Resolution Center to protect Buyers and Sellers.
8. Third parties may have additional; Terms and Conditions of use, Privacy policy, Returns and Exchange Policy that slightly or significantly differs from Elahia Policies. It is your responsibility to read and understand them to make an informed decision
9. Sellers are also mandated by the Electronic Commerce (EC Directive) Regulations 2002 to:
10. Provide full contact of the business
11. Information about relevant and recognized trade organization affiliation
12. Information about authorization organization applicable to the business online trade, (Well-defined product prices and where applicable, delivery and or Tax charges
13. Where and when VAT is applicable to the sellers’ online activities, the seller must make clear, their VAT number. You can view more of these on the Department for Business, Innovation and Skills (BIS) website, you may want to pay close attention to the” Beginners Guide to the E-Commerce Regulations 2002”.
14. It is your responsibility to look out, read, understand and agree to Elahia.com and third parties’ conditions before going into any contract with the third party.
15. Elahia may share your information with third parties where it is related to a transaction such as ordering a product or where there is evidence a crime is about to be committed, has been or is been committed or there is legal mandate to do so.

 

1. Conditions of Sale

Elahia.com and most sellers in Elahia.com, offers returns for a variety of products within 30 days of buyer receipt of delivery. However, it is important to note that, while this applies to a large variety of products on Elahia.com. Certain products and or sellers may have different Returns and exchange policies or obligations attached to a product and or is unique to a business and or a product. It is your responsibility to read the Terms and conditions carefully and make an informed decision.

 

At Elahia.com, Our members experience is paramount to us. Whether as a seller or buyer. We strive to make everyone’s experience epic. However, in certain circumstances, there is a genuine need to return an item and surely it is within your right to cancel most purchases within 30 days of purchase. You would also be exercising your statutory rights where the product description is misleading, product is not fit for purpose and or products quality is unsatisfactory.

 

1. Statutory Cancellation Right:

You can cancel your order(s) that meets our and or our sellers returns and exchange policies within 30 days of receipt including the day the product was received.

 

1. Cancellations & Refunds:

 Refund will be made where the transaction follows and meets these Elahia stipulations.

1. A purchased product is not delivered and or received by the buyer
2. A product description in the listing does not match product received
3. Transaction is cancelled within 14 days of receiving the product
4. The product was purchased at Elahia.com through the Elahia.com checkout using either;

 

1. Google Pay
2. Apple Pay
3. Debit or Credit Card
4. PayPal

1. The product payment was cleared in a single payment

 

This stipulation applies to products collected in person if the aforementioned conditions are met.

 

1. Non-Refundable: As much as Elahia.com and the Sellers within Elahia would like to accept cancelations and make refunds for purchases. There are times where circumstances may make this inapplicable. These circumstances include but not limited to the following;

1. The reason for Cancelation and or Return does not meet Elahia returns policy requirement
2. Seller clearly marked product as Returns Not Accepted in the listing
3. If the product is damaged after being delivered intact to the buyer
4. Product delivered in listed condition to original shipping address and damaged while on transit from original delivered address
5. Products damaged at collection point
6. Products damaged during shipping process by buyers nominated shippers

1. Collectable products not collected by buyer
2. Perishable goods
3. Adverts
4. Real Estate
5. Vehicles, Cars and or Automobiles
6. Businesses
7. Websites
8. Digital Contents & Intangible goods
9. Services
10. Certain Business and Industrial Equipment’s.

 

1. Delivery Duration: Elahia implores Sellers to quickly facilitate delivery of purchased product because we appreciate the importance of buyers knowing when to expect their purchase. Elahia.com has varied delivery durations times based on Sellers’ delivery offers and buyers’ choice of delivery.

By default:

1. Sellers has a maximum of twenty-four hours from buyers check out time to dispatch a product
2. Maximum of 3 working days for buyer to receive their product if product and buyer are within the same city or 7 working days if buyer and seller are in the same country but in different city and up to 28 working days if buyer and seller are in different countries
3. Buyer’s product delivery date can be affected by buyers’ choice of delivery such as:

1. Next day delivery (This may cost more)
2. Default delivery (Three working days. “Delivery may be free or cost less”)
3. Buyer chooses to arrange own delivery through third party service provider.
4. Buyer choses collection at a designated place  

 

1. 1. Delivery disclaimer

Elahia do not do delivery services, these services are provided by a third party and;  

 

1. Elahia do not influence these delivery options and the anticipated delivery times.
2. Elahia will not take responsibility for any delays to the delivery times listed here.

Elahia will not be responsible for interruption and or unavailability of the services provided by third party

 

1. Limitation of Liability: 

Elahia services are provided “as available”. As most of the listings on the Services come from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or use communications or the quality, safety or legality of what is offered. You agree not to hold us responsible for other users post or do. You also agree not to hold us responsible for the payment processing of other service providers. For greater certainty, as applicable, if you link a Third-Party Payment Processor account to your Elahia Account, you acknowledge and agree that by making payments through Elahia with that Third Party Payment Processor, you are bound by that Third Party Payment Processors applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s service.

 

Elahia cannot guarantee continuous or secure access to our Services. Notification functionality in our services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statue.

 

Elahia is not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Elahia even if you advise us or we could reasonably foresee the possibility of any such damage occurring.     Elahia will not be held liable for any delay or inability to meet the terms of our obligations if; the delay, or inability to meet the terms of our obligation is caused by circumstances beyond our realistic control. Your legal right to Elahia services such as; timely delivery of goods and services, refunds and exchange of goods and services that meets Elahia return and Exchange policy is protected from this stipulation. Some or all these stipulations may not be legally applicable in some jurisdiction and countries. Where that is the case, some or the entire stipulation may not apply to you. However, no part of these stipulations shields or bares Elahia’s legal obligation for fraudulent representations initiated by Elahia, death or personal injury due to Elahia’s negligence or deliberate wrongdoing.   

 

1. Our Contract:

1. All orders at Elahia is considered an offer to purchase any and all products(s) in your basket/checkout tab. Elahia will  send you an order confirmation email that acknowledges receipt of your order in addition to details of your order “Order confirmation email”. The order confirmation email does not acknowledge nor confirm acceptance of your offer on the product(s).
2. Upon receipt of the “Order Confirmation email” and your order confirmed via the link attached in your mail. A “Dispatch Confirmation email” will be sent to you detailing which delivery service is being used and when your order/product will be dispatched to you.  When your order has been dispatched depending on what type of delivery service you choose, the email will contain either a waybill number for pick up services or the number of the dispatch company for door delivery and details of each product dispatched to you. This dispatch email indicates the conclusion of the transaction process.
3. You may cancel your order without incurring any charge(s) at any time prior to you receiving Dispatch Confirmation E-mail describing the product(s) ordered from Elahia. However, certain categories/subcategories of products and or services may be exempt from the right to cancel, all products that are not supplied in physical format. Such as; on CD or DVD, downloadable software’s, if they have been downloaded and or used (Regardless of which comes first).
4. By ordering a product from Elahia, you consent to receive E-Receipt from the seller where and when it is applicable. Your E-receipt will be available in your My Account Portal

 

1. Children:

Sellers within Elahia can sell children’s product for purchase to adults but must not sell products for purchase to minors either within the sellers and minors’ physical location or outside their physical location. For clarity, minors in this case refers to children aged 15 and under.

 

1. Use of Third-Party Services:

You may be using the services of one or multiple third-party is and when you use Elahia.com. Your use of any Third-Party services and products is subject to policies, terms and conditions of use separate from Elahia.com Terms and Conditions. These services may include but not limited to:  

1. ISP provider,
2. Mobile platform service provider,
3. Courier services and
4. Software Applications providers.

Your use of third-party services may incur service fee to either you or the third parties. Elahia will not accept liability for any damage, libel and or loss from a transaction with a third-party.

 

 

ELahia.com Cookie Policy Information about our use of cookies

 Our website www.Elahia.com(“Site”) uses cookies to distinguish you from other users of our Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our site. By continuing to browse the Site, you are agreeing to our use of cookies.

 

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

 

We use the following cookies:

1. Strictly necessary cookies: These are cookies that are required for the operation of our Site. They include, for example, cookies that enable you to log into secure areas of our Site, use a shopping cart or make use of e-billing services.
2. Analytical/performance cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our Site when they are using it. This helps us to improve the way our Site works, for example, by ensuring that users are finding what they are looking for easily.
3. Functionality cookies. These are used to recognise you when you return to our Site. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
4. Targeting cookies. These cookies record your visit to our Site, the pages you have visited and the links you have followed. We will use this information to make our Site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site.

 

1. Elahia.com PRIVACY POLICY

Date of last revision: 6th November, 2022

 

INTRODUCTION

Elahia.com Nigeria, is committed to protecting the privacy and security of your personal information.  We want to share with you how we treat personal information about you that we receive in connection with your use of our website and mobile applications (collectively, the “Site”).

 

By visiting our Site and/or using our services you are accepting and consenting to our use of your personal information as set out in this Privacy Policy. Also, please bear in mind that use of this Site is governed by the Terms and Conditions posted on the Site.

 

The terms Data Controller and Personal Data have the meanings set out in the Data Protection Act 1998. References to the Data Protection Act 1998 shall include references to any statue that replaces or amends the Data Protection Act 1998. 

1. 1. WHERE WE STORE YOUR PERSONAL DATA (DATA TRANSFERS)

Although we operate internationally, Elahia.com is a company duly registered under the laws of the United Kingdom.  The servers that host this Site are located in the United Kingdom, and any personal details you provide to us will be processed by Elahia.com in the United Kingdom.  If we transfer personal data out of the European Economic Area, we shall ensure that we have in place measures which provide an adequate level of protection as required by the Data Protection Act 1998.

1. 1. INFORMATION WE COLLECT

In general, you can visit our Site without telling us who you are or revealing any personal information about yourself.  We will usually only collect your personal information if you voluntarily submit the information to us for such purposes as registering for the use of certain services, completion of surveys, submitting applications for employment, product or service purchases, or requests for information or services.  This includes any information which you submit to us using a third-party service, such as Facebook Connect. 

1. 1. RIGHTS OF ACCESS

The Data Protection Act 1998 gives you the right to access the personal information we hold about you. You can exercise this right by contacting our Customer Support department by filling in the contact form. In addition, at any time you can request that we modify or delete your personal information by using the contact form with the words “UPDATE MY INFORMATION” in the subject line.  Please be aware that, to protect your security and privacy, Elahia.com may take reasonable steps to verify your identity prior to making changes to your personal information or satisfying a request for access to that information.

1. 1. HOW WE USE THE INFORMATION WE COLLECT

Elahia.com uses, data about you (contact and personal data, usage history, etc.) that we collect from you through the Site in order to provide to you with, and develop and improve, the services on our Site.  We use the personal information about you that you provide to us for our internal purposes such as responding to your requests for information or materials, delivering newsletters to you, contacting you, assessing your application for a position with Elahia.com and entities related to Elahia.com, processing and completing orders, processing your payment, administering your account, administering and developing our business relationship with you or the company you represent and to provide you with administrative communications regarding your account.  We also use your personal information to communicate with you, such as, for example, newsletters, press releases, or information relating to products, offers, or programs that may be of interest to you. Please see the section on opting in and opting out for more information.

1. 1. LOCATION DATA

If you provide details of your location, such as your address, we may use that information to tell other users how far away they are from you. For example, to tell a buyer how far away they are from a seller. We will not use details of your location for any other purpose and we will not disclose the exact location, just an approximate area. You can opt-out of your location being used in this way at any time, just go to “My Settings”, find the “Privacy Settings” section and adjust your permissions for the “Nearby” feature. If you use our app on a mobile device, we may use your location for the same purposes, but only if you agree to this service in advance. 

1. 1. WHO DO WE SHARE INFORMATION WITH?
      1. Elahia.com will not disclose your personal information to third parties except as set out in this Privacy Policy or if you have consented to such sharing.  We may share the personal information about you that you provide to us with trusted companies we have hired to provide services for us, such as sending out our newsletters, fulfilling orders you may submit, or collecting and processing information on our behalf.  These companies – our vendors – are contractually bound to use personal information that we share with them only to perform the services we have hired them to provide and to have appropriate technological and organisational measures including security in place to protect such personal information.
      2. If you enable third party services to be directly integrated into your account (for example Facebook Connect), you agree that we may pass your account information to the providers of such services to enable them to provide you with the services which you have requested. Elahia.com does not exercise any control over such service providers, such service providers process your account information independently and in accordance with their own privacy policies.
      3. We may also share your personal information in the event that the business of Elahia.com is transferred to another entity by way of merger, sale of the company’s assets, or otherwise.  If you consent, we may share your information with Elahia.com related entities and selected third parties so that they may provide you with or contact you regarding information and materials that may be of interest to you. Please refer to the section below on opting in and out.
      4. We may share your personal information with a third party if we are required to do so to comply with applicable law or a court order, or if it is reasonable to do so, to enforce our Terms and Conditions or to assist with a legitimate investigation (for example, in relation to suspected fraud or third-party intellectual property infringement).
   2. THE NON-PERSONAL AGGREGATE DATA WE COLLECT

We may also collect and group demographic and preferences information, responses to surveys and other personal information that we collect from you into an aggregate, anonymous form for disclosure to our existing or potential business partners, affiliates, sponsors or other third parties.  However, please be assured that this aggregate data will in no way identify you as an individual or any other visitors to the Site.

 

We may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page and which hyperlinks, if any, they “click” on.  We collect this information through the use of “cookies” and other tracking technologies. For more information about how we and other third parties use cookies, please see our Cookies Policy. We collect this information in order determine which areas of the Site are most popular and to enhance the Site for visitors.  As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way identify you as an individual or any other visitors to the Site.

1. 1. OPTING IN AND OUT

When you submit personal information to us through the Registration Page on this Site, you consent to receiving additional information from Elahia.com. If you decide that you don’t want to receive information such as promotion and marketing messages, you are given the option to opt out of receiving these messages from us. Elahia.com will not send you information from third parties and/or partners unless you specifically consent to this.

1. 1. LINKS TO OTHER SITES AND SITE ACCOUNTS

For your convenience, the Elahia.com Site may from time to time include links to third-party sites whose information practices may be different than ours. Visitors should consult the other sites' privacy policies, as we have no control over information that is submitted to, or collected by, these third parties. 

 

Site Accounts are pages on certain websites operated by other companies (for example, the Elahia.com page on Facebook), where Elahia.com content is provided. The Terms and Conditions, and other applicable rules published on this Site are binding on and apply to the users and visitors of Site Accounts. Users and visitors should carefully read the terms and conditions and privacy policies of such websites, over which Elahia.com has no control. Elahia.com has Site Accounts on the following websites: Facebook, Google+, Twitter, Pinterest, YouTube, and other social networks.

1. 1. SECURITY OF INFORMATION

Elahia.com uses industry standard security measures to safeguard information concerning and submitted by you. Despite the security measures employed by Elahia.com, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.

1. 1. DISCLOSURES

Elahia.com will, to the extent possible, control your personal information, and, except as otherwise set forth in this Privacy Policy, we will not disclose your personal information to third parties.  Although we are committed to maintaining the confidentiality of your personal information, if required by law or regulation, we reserve the right to disclose such information without first obtaining your consent.

1. 1. CHANGES TO THE PRIVACY POLICY

The Site and services may change from time to time. As a result, it may be necessary for Elahia.com to make changes to this Privacy Policy from time to time. Elahia.com reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice by updating this page.

 

We ask that you please review the Privacy Policy periodically, and especially before you provide personal information. This Policy was last updated on the date indicated above. Your continued use of this Site subsequent to any modification of this Privacy Policy shall constitute your acceptance of the modified Privacy Policy.

 

1. CONTACTING US

For legal enquiries contact our legal team at legal@elahia.com. Member support queries will not be answered through this email.

Members support quarries should be forwarded info@elahia.com

Elahia.com (Elahia) Terms & Conditions of use

 

Date of last revision: 12 November, 2022

These Terms and Conditions (" Terms ") and the documents referred to in them, apply to your use of this website located at the address http://www.elahia.com and/or mobile applications called Elahia available for iOS and Android devices (each known as the " Site "). If you do not agree to these terms, you should not access or view the Site.

 

This Site is operated by Elahia International Ltd, UK and Nigeria

 

OTHER APPLICABLE TERMS

1. POLICIES AND RULES

These Terms of use refer to and incorporate the following additional Terms, which also apply to your use of this Site.

1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you or that you provide to us. By using this Site, you agree to such processing and you warrant that all data provided by you is accurate.
2. Our Cookie Policy, which sets out information about the cookies on our Site.
3. Our Catalogue Rules and Forum Rules, which apply to your interactions with this Site, including what you may list on the Site, any content which we may permit you to upload and any contact which you may make with other users of this Site.
4. Price list, which sets out list of additional for-fee services and indicates applicable pricing and additional terms for using each of these services.

 

1. SERVICES

1. We provide an online facility through which individuals can buy, sell, exchange and give-away items and communicate with one another in public and in private (the "Services").
2.  From time-to-time Elahia.com may also make available to the users certain additional-services subject to charges as indicated in the Pricelist that is constantly updated by Elahia.com.
3. You undertake to comply with all applicable laws and regulations in connection with your use of the Services.

 

1. OUR FUNCTION

Our Site is an online venue for individuals to buy, sell, exchange and give-away items to or with other individuals. We are not a party to any transaction between a buyer and a seller or two individuals who agree to an exchange or a give-away, save for the Services we provide to facilitate transactions. We do not buy, sell or exchange or purport to buy, sell, exchange or give-away any of the items displayed on our Site. The Site host’s third-party content.

 

We do not pre-vet any items listed on the Site or any parties who you may deal with on the Site. We shall not be obliged to engage in any dispute between buyers and sellers or parties to an exchange or give-away. You are responsible for vetting the parties that you deal with.

 

1. REQUIREMENTS TO USE THE SERVICES

1. To use the Services, you must register with us by completing the registration form after clicking "Register" or registering using an acceptable third-party service (e.g., Facebook Connect).
2. The Services are not intended for use by children under the age of 18 years old.   If you are under 18, a parent or guardian (who is 18 or over) must register to use the Services on your behalf. Your parent or guardian shall be responsible for supervising your use of the Services at all times and ensuring that you comply with these Terms. Elahia shall be entitled to hold your parent or guardian fully responsible and liable for any breach of these Terms by you.
3. You undertake to keep up to date all information about you on the Site.
4. You warrant that any information you provide to us is true, accurate and complete.

 

1. YOUR ACCOUNT AND PASSWORD

1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party and you must ensure that you log out from your account at the end of each session.
2. You must immediately notify us by using the contact form if you know or suspect that anyone other than you is privy your user identification code or password, or that there has been any unauthorised use of your password or account or any other security breach.
3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if we have reasons to suspect there has been a security breach or if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
4. Elahia.com may request to make certain confirmations with respect to your account for security purposes. Such confirmations among other things may be linking your Facebook, Google or another third-party account; confirming your phone number; providing for an ID and/or cardholder proof or any other confirmations that Elahia may introduce in its sole discretion. All data collected as a result of such confirmation will be processed following our Privacy Policy which is a part of Elahia- user contractual arrangement.

 

1. CONTENT YOU PROVIDE, THE FORUM, FEEDBACK AND PRIVATE MESSAGING

1. Any content you provide to us or any contact you make with other users; whether privately or publicly must comply with our Catalogue Rules. Any use of the forum must also comply with our Forum Rules.
2. You warrant that any such content or contact complies with the Catalogue Rules and the Forum Rules (where you use the Forum), and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.
3. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
4. Elahia.com provides for a direct user messaging functionality for the sole purpose of facilitating transactions between the users on the Site. We will not access content of such messages unless one of the involved users grants an access right to Elahia when raising a dispute with our Customer Support. Please note that Elahia may use automatic scanning tools/filters in order to detect and prevent spam and/or fraud and/or any other activity contrary to applicable legal acts on the Site. In such cases Elahia.com representatives will not access message threads, however, they will cross-check automatic-scanning/filtering results (without accessing messages) in order to determine what preventative action should be taken to ensure security of the platform.

 

1. RULES FOR LISTING ITEMS

In respect of all items you offer for sale, exchange or give-away through the Services:

1. You must ensure that such items comply with our Catalogue Rules. Note that you may not list certain categories of items;
2. You must be the legal and beneficial owner of such items and have the right to sell them;
3. The sale, exchange, give-away, use or possession of such items must not infringe the rights of any third party (including but not limited to any IP rights held by any third parties); and must not breach any applicable local, national or international law or regulation;
4. To list an item, you must complete an item placement questionnaire and provide such other information as we may require for all items that you offer for sale, exchange or give-away on the Site in accordance with our Rules;
5. By listing an item, you represent and confirm that the item complies with all aspects of the item questionnaire that you submit, including the category in which you list such item and any photograph of the item, and that such item questionnaire is complete. The terms of the item questionnaire that you submit will form the terms on which you offer the item for sale;
6. When you submit the item questionnaire the item shall be deemed to be a "Catalogue Item";
7.  You may amend the terms on which you offer a Catalogue Item for sale at any time before you have entered into a contract to sell, exchange or give-away the relevant item; and
8. You may remove a Catalogue Item from the Site at any time before you have entered into a contract to sell, exchange or give-away the relevant item.

 

1. EXCHANGING OR GIVING AWAY FOR FREE

If you are giving away a Catalogue Item to another user or exchanging a Catalogue Item with another user, you should agree the terms related to such transaction directly with the other user. You are solely responsible for such transaction.

 

If you give away a Catalogued Item to another user or exchange a Catalogue Item with another user, you cannot use our payment or shipping service and should agree the terms for payment and shipping of such Catalogue Item(s) with the other user.

 

1. BUYING AND SELLING

If you are buying or selling a Catalogued Item, you may either:

1. use our payment and shipping services. Please see sections 11 to 16 below;
2. agree the terms related to such transaction directly with the other party to the transaction.

You are solely responsible for such transaction and we do not provide customer support for these transactions.

 

1. PAYMENT AND SHIPPING SERVICES

Sections 11 to 16 below will only apply where you choose to use our payment and shipping services. Please note that Elahia may restrict integrated payment and shipping services as per sections 11 to 16 below only for users based within Nigeria and accordingly not offer them in order to facilitate cross-border transactions. Please note: Elahia may upon its sole discretion offer additional payment services or discontinue some of payment services on the Site.

 

1.  FEE FOR PAYMENT AND SHIPPING SERVICES

Where the payment and shipping Services are used for a transaction, you agree that Elahia shall receive a Fee according to the rates and conditions as set out in the Pricelist. Elahia may amend the Pricelist from time to time provided that we inform you about such changes. Please note that you will always see an applicable price for services you intend to order at a check-out.

 

1.  BUYING CATALOGUE ITEMS AND USING THE SITE

You are buying from Elahia and using our payment and shipping services when:

1.  you click "confirm" on the payment page, you acknowledge and agree that you enter into a contract with the seller to purchase that Catalogue Item from them.
2. you enter into a contract to purchase a Catalogue Item you warrant and undertake that you have the legal right to enter into such transaction.

 

1. When you enter into a contract with a seller payment will be taken from your credit or debit card, Elahia balance, or PayPal immediately. Please see the "Payment" section below for more information.

 

You may only terminate the contract with the seller where you are permitted by law.

 

1. SELLING CATALOGUE IEMS AND USING THE SITE

You are selling on Elahia.com and using our payment and shipping services when:

1. A Catalogue Item that is for sale is an offer by the seller of such item, which may be accepted by a buyer. See the "Buying Using Our Site" section above for more information.
2.  Once a user clicks "confirm" on the payment page you acknowledge and agree that you enter into a contract with the buyer to sell that Catalogue Item to them.
3. Prior to entry into a contract with a buyer under section 13.2 above, you may consider offers for a Catalogue Item from other Site users.

 

 You may only terminate the contract with the buyer to the extent permitted by law.

 

1. PAYMENT SERVICES

Where you use our payment services:

1. Buyers must pay sellers for Catalogue Items by credit or debit card, Elahia balance, or PayPal using the payment services on the Site.
2. Payments must be made in the currency specified on the Site and all prices are inclusive of VAT (where applicable) and other applicable taxes, but exclusive delivery charges and any other fees for additional services offered by Elahia you choose to use. Additional services will be charged following additional terms as indicated in the Pricelist.
3. Buyers are responsible for any shipping costs, including any insurance costs unless otherwise mutually agreed by the buyer and the seller.
4. Payment for Catalogue Items is in advance. The buyer’s credit or debit card, Elahia balance, or  will be charged when the buyer and seller enter into a contract for the purchase of an item under section ii. We will not credit the seller’s account until the buyer has accepted the item or is deemed to have accepted it. See the section entitled "Acceptance" below for more information.
5. We use a third-party service provider to process your payment and to store your credit or debit card or similar information. When using our payment services, you agree with our provider’s conditions and terms. We shall not be liable for the acts or omissions of such third party. You shall be solely responsible for the transmission of information connected to your credit or debit card, or PayPal and we hereby exclude all liability to the extent permitted by law.

 

Elahia.com may at any point in time upon its sole discretion to suspend and/or cancel any transaction and or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Elahia and/or any user or third party.

   

 

1.  SHIPPING SERVICES

 

1.  Buyer may choose to use an integrated shipping service with pre-paid labels or a shipping service of their choice.

   

1. The seller takes full responsibility for this order in the case of loss, damage or non-receipt. It will be the seller's responsibility to choose a postage method when this is covered in compensation from the chosen shipping provide.

 

We decline all responsibility for sent parcels, packages and items which become lost or destroyed, or damaged by a shipping service provider and/or after delivery to a post-box or alike, unless otherwise clearly stated within specific terms applicable to separate shipping service offers by Elahia.com as per the Pricelist.

 

1.  ESCROW PAYMENT TERMS

Where you use our payment and shipping services:

1. 1. Sellers may receive funds for purchases after a redemption request is made with proof of delivery.  A particular period of time for this purpose is reasonably determined by Elahia.com following a pre-set uniformly applicable Escrow payment process. In order to protect buyers, we will hold the purchase price for an item for not less than 2 days after the date on which the request to redeem funds is made. During this period, it is the buyer’s responsibility to raise a dispute. After this period, compensation is no longer applicable and funds are released to the seller. All disputes must be raised via Elahia.com and not via external payment services.
   2. If a seller fails to send an item to a buyer within 5 business days after receipt of the shipping label and/or details, and/or instructions we shall be entitled to refund the purchase price to the buyer’s account. The refund can be also released earlier in case selling user is inactive and/or shipping label is not downloaded by a selling user for a certain period of time. The refund of the purchase price shall be the buyer’s only remedy in respect of its contract with the seller.
   3. If a buyer receives an item that is not materially as described on the Site, the buyer must notify us by using the contact form or by clicking “I have issues” within 2 days after delivery on as shown in the system.
   4. If a buyer does not receive an item that they have purchased from a seller, the buyer must notify us by using the contact form or by clicking “I have issues” within 2 days after delivery on as shown in the system.
   5. If a buyer does not contact us within 2 days after receipt of an item under sections 16.3 and 15.4 above, the buyer will be deemed to have accepted the item. On acceptance of an item, we will credit to the seller’s account the purchase price of that item less any commission due to us.
   6. Where the buyer contacts us under section 16.3 or 16.4 above, we will hold the purchase price minus any commission due to us until we have investigated the claim.
   7. Despite the payment method chosen by the buyer – all Escrow Payment related disputes shall be addressed to Elahia directly, unless Elahia provides for a feature for users to settle/agree-on such dispute directly without approaching Elahia. In this case dispute is considered to be settled and transaction completed once users reach a mutual agreement. Elahia will not accept any repeated claims from users. Elahia reserves a right to deny compensation and claim back compensation paid out for a user in case user in question has already received adequate compensation from other sources (e.g., third-party payment service provider).
   8. Elahia.com may limit any compensations/reimbursements to be paid-out to a buyer under sections 16.3 and/or 16.4 above if a buyer in question chooses to use un-tracked shipping service. Please see Pricelist for additional terms.

 

1. GENERAL
   1. REMOVAL, WARNINGS, BLOCKING, SUSPENSION AND TERMINATION

We may at our option, issue warnings, suspend, block or terminate your access to this Site and/or the Services (or any part of them) or remove any content uploaded, including without limitation, any Catalogue Item if:

1. you are in breach of these Terms;
2. you act in any manner which we consider may damage our reputation; or
3.  you use the Site or Services in a manner which we consider to be fraudulent or contrary to law.

 

1. 1. ACCESS TO THIS SITE AND ITS SERVICES AND CONTENT

We do not guarantee that this Site, or any Services or content on it, will always be available or be uninterrupted. We reserve the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site, or any Services or content on it, and to restrict or prohibit access to it.

 

1. 1.  VIRUSES
      1. We do not guarantee that this Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software.
      2. You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
      3. You must not attempt to gain unauthorised access to this Site, the server hosting Elahia.com or any server, computer or database connected to this Site.
      4. You must not attack this Site via a denial-of-service attack or a distributed denial-of service attack.

 

By breaching this section, you would commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.

 

1. 1. LIABILITY
      1. Nothing in these Terms limits or excludes our liability to you for:
2. death or personal injury caused by our negligence;
3. fraud or fraudulent misrepresentation; or
4. any other type of liability which cannot by law be excluded or limited.
   1. 1. We make no warranties or representations, whether express or implied that this Site, any content and the Services on it:

1. are accurate, complete, up-to-date or suitable for any purpose; or
2. are free of error or omission.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to this Site, any content or the Services on it.

1. 1. 1. We provide an online facility to introduce individuals to one another to enable the purchase, sale, exchange and give-away of items between them and to allow them to communicate with one another in public and in private. Buyers, sellers and parties to an exchange or give-away are solely responsible for transactions entered into using the Site.
      2. We are not responsible for any action or inaction of users of the Site or Services, or content provided by users of the Site including, without limitation:
2. the descriptions or photos of items, including their accuracy and completeness;
3. the quality, legality or safety of the items;
4. the seller’s, exchangers or giver’s title to the items; or
5.  any seller’s or buyer’s right to enter into a sale or the rights of the parties to an exchange or give-away to enter into such transaction.
   1. 1. You agree to indemnify us for any loss, liability, cost or expense for any third-party claim arising from or connected to your misuse of the Site or Services or any use which is in breach of these Terms.
      2. In respect of any dispute, you may have with another user of the Site, you agree to:

1. waive any claim you may have against us in connection with such dispute; and
2. indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.
   1. 1. Subject to clause 17.3, we will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any content on it, or on any website linked to it.
      2. We are not responsible for any third-party service providers that you integrate into your account. We will not be liable for any loss or damage that may arise from your use of them.
      3. Subject to Terms and Conditions, Elahia, its subsidiaries and affiliated companies accept no liability to you, whether in contract, tort (including negligence) or otherwise, for: (a) any loss of profits, sales, business, or revenue; (b) business interruption; (c) loss of anticipated savings; loss of business opportunity, goodwill or reputation; or (d) any direct, special, indirect or consequential damages, (e) or any other damages of whatsoever kind resulting from whatever cause through your use of the Services and our Site.
      4. Subject to section 17.3a, we limit our liability under this Agreement, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, to a maximum of:

1.   the purchase price paid or payable for the relevant item in respect of any claim arising in relation to a transaction on this Site; and
2.  £100 in respect of any other claim.

 

1. 1. THIRD PARTY LINKS AND RESOURCES IN THIS SITE

Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources.

 

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

1. 1. PROMOTIONS

From time to time, we may post promotions, competitions, games or prize draws on the Site and special terms and conditions related to the same.

 

If there is any conflict between such special terms and conditions and these Terms, the special terms and conditions shall prevail.

 

1. 1. EVENTS BEYOND OUR CONTROL

We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.

 

1. 1. SEVERANCE

If any or any part of the terms contained in these terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

1. 1. ENTIRE AGREEMENT

These Terms and all documents referred to in these Terms constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us and you, whether written or oral, relating to its subject matter.

 

We and you agree that in entering into these Terms have relied on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. Neither us nor you shall have any claim for innocent or negligent misrepresentation based on any statement in these terms or any document referred to in them.

 

1. 1. APPLICABLE LAW

Please note that these Terms, their subject matter and formation, are governed by the laws of the federal republic of Nigeria.

 

You and we both agree to that the courts of Federal Republic of Nigeria will have non-exclusive jurisdiction

 

1. 1.  TRADE MARKS

Elahia.comTM is a registered trade mark of Elahia International Limited. Any other trade mark displayed on the site is not owned by us or our group companies. Any use of such trademarks may be an infringement of the rights of the owner of those trademarks.

 

1. 1.  AMENDMENTS TO THESE TERMS

We may change these Terms from time to time by posting an amended version on this page in the following circumstances:

1. to reflect changes or expected changes in relevant laws and regulatory requirements;
2.  to reflect any ruling by a court, regulator or any other similar body having authority;
3. to make these terms clearer or fairer;
4. to reflect changes and developments in how we operate our business;
5. to rectify any error which we may discover at a later date; or
6. to reflect changes in market conditions or standard industry practice.

We recommend that you check this page from time to time, as your continued use of this Site after these Terms are amended shall mean that you agree to be bound by such changes.