Terms & Conditions

INTRODUCTION
Welcome to Engrap Engraving And Creative Arts Limited, a creative design, and e-commerce company registered in compliance with the regulations of the Corporate Affairs Commission with RC number 1659315. Engrap provides services such as engraving, printing, and a vast array of craft art to her esteemed customers subject to the following terms and conditions.  For the purposes of this website, “we”, “us” and “our” refer to Engrap Limited and “ you”/ “your” refers to the user of this website. This website shall be referred to as the“ Site”. We reserve the right to change and modify these terms and conditions at any time. Changes become effective when posted on the Site with no other notice provided. You are encouraged to regularly check these Terms and Conditions for updates. Use of this Site and our services signify consent to these Terms and Conditions and willingness to be legally bound by same. Please read them carefully.  These Terms and Conditions govern the overall use of this Site.

LICENSE AND ACCESS
By using this Site, you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. Subject to your compliance with these Terms and Conditions, Service Terms, and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our services. This license does not include any resale or commercial use of any of our services, products, designs, or content. Any use of our product listings, descriptions, or prices; or the derivative use of our service, content, design, and product, including downloading, copying, or other use of account information for commercial use, the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools is prohibited. All rights not expressly granted to you in these Terms and Conditions or any Service Terms are reserved and retained by us and our suppliers and content providers. No Engrap Service, design, pattern, content, and product may be reproduced, duplicated, copied, sold, resold, or exploited for any commercial purpose without obtaining our express written consent. You are prohibited from using any portion of our content apart from the finished products as supplied by Engrap save by express written consent. You may not use any meta tags or any other “hidden text” utilizing Engrap’s name or trademarks without our express written consent. You may not misuse our services and products. You may use our services only as permitted by law. You are prohibited from accessing our servers and interfering with the functionality of this Site. Infringement on our Intellectual rights and use of our logo and trademark without our express consent is strictly prohibited. The licenses granted by Engrap automatically terminates if you do not comply with these Terms and Conditions or any of our Service Terms.

FORMATION OF CONTRACT
You agree that perusing our site and gathering information regarding our services and content does not constitute an offer to sell, but merely an invitation to treat. Parties (Engrap and the user) accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout, and completed the checkout process.
Parties agree that the acceptance of the offer is not made when you are contacted by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of said product. The Site reserves the right to refuse or cancel any order for any reason at any given time.  These Terms and Conditions do not create a partnership, joint venture, employment, agency, or franchisee relationship between you and Engrap.

ELECTRONIC COMMUNICATIONS
Upon using this Site, you consent to receive communication from us electronically, such as e-mails, texts, mobile push notices, or notices and messages. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included in or made available on this Site and the compilation of same, such as text, graphics, designs, pattern, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Engrap and/or its content suppliers and is protected by domestic (Nigerian) and International copyright laws.

TRADEMARKS
Designs, patterns, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our services and on this site are trademarks of Engrap. Our trademarks may not be used in connection with any product or service that does not belong to us in any manner that is likely to cause confusion among customers, or in any manner that derides or discredits our services and our brand. All other trademarks not owned by us that appear on our site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.  We own all intellectual property displayed on our Site unless otherwise stated on the particular product or content. You are expressly prohibited from violating/the infringement of our intellectual property.

YOUR ACCOUNT
You may need your own user account to use our services. You will be required to be logged in to the account and have a valid payment method associated with it. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, terminate your rights to use our services, remove or edit content, or cancel orders.

APPROVALS, RETURNS, AND REFUNDS
As most of our items will be personalized and customized to your taste or design, your chosen design/product will first be sent to you for your approval before final production. Once approved and produced, these items cannot be returned unless defective or completely and objectively different from what you have approved. Such items will need to be returned for examination, and if within exception refund will be made via a mode of payment used for purchase. Save for these two exceptions, we shall not be held liable for errors after approval from you.

PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible in our presentation and description of our products and services. However, we do not warrant that product description or other content of our service is accurate, complete, reliable, current, or error-free. If a product offered on our site is not as described, your sole remedy is to return it in unused condition.

PRICING
Despite our best efforts, errors may occur in the pricing of our products and services. In the event that same is mispriced, we may at our discretion, contact you to cancel the order or notify you of our cancellation of the order. We retain the right to refuse or cancel such orders whether or not the order has been confirmed and your debit/credit card charged. If you have already paid for the product or service, a full refund will be given to you.

DELIVERY
We offer delivery services to customers within Nigeria. Deliveries shall be made within the timescales stipulated on our Site. Delay in delivery may intermittently occur due to circumstances outside our control. We shall not be held liable for any delay or failure to deliver due to circumstances outside our control. We shall not be held liable for delay or failure to deliver or perform any obligation under these Terms and Conditions if said delay or failure is wholly or partly as a result of circumstances outside our reasonable control.

RISK OF LOSS
Your purchase of our products is made subject to a shipment contract between our chosen carrier and us. This means that the risk of loss and title for said products pass to you upon our delivery to the carrier.

FORCE MAJEURE
We will not be held liable for failure to fulfill any of our obligations under these Terms and Conditions for reasons beyond our reasonable control including (without limiting the foregoing): Act of God, Government directives/ legislation, fire, war, pandemics/epidemics, flood, riots, civil commotion, server failure, insurrection, and other related occurrences. Notice for the application of Force Majeure will be given to you within 5 working days of said occurrence. You will have the liberty to choose to terminate this Agreement and pay solely for work done and materials used (as applicable) or permit the fulfillment of our obligations after the resolution of the incidence triggering the Force Majeure.

SHOPPING POINTS
We have created an avenue for you to earn reward points as you shop. Think of these points as our personal “thank you” for your patronage. Your shopping points are to be applied at checkout. You also have the option to set points to apply to all purchases automatically. Shopping points are applicable to only registered users of our Site. At any point in the transaction, we reserve the right to withdraw and terminate shopping points if the same has been earned fraudulently or in breach of these Terms and Conditions.  Shopping points do not apply in-store. Shopping points apply per transaction.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Our services including all content and product are made available to you on an “ As is” and “ As Available” basis unless expressly specified in writing. We make no representations or warranties of any kind, express or implied as to the operation of our services, content, materials, products, or any other services included or made available to you through our services and this Site unless expressly specified in writing. You understand and expressly agree that your use of our services is at your own discretion and sole risk.  As permissible by law, we hereby disclaim all warranties, express, or implied. To the full extent, as permitted by law, we will not be held liable for damages of any kind arising from the use of our services and products.

DISPUTES
Any dispute or claim arising from the use of our products, services, and/or these Terms and Conditions will be resolved by private and binding arbitration before a single arbitrator held in Nigeria in English and governed by Nigeria law pursuant to the Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004, as amended, replaced or re-enacted from time to time.
The arbitrator shall be a person who is legally trained and is well versed in the information technology field in Nigeria. The arbitrator shall be independent of either party. Irrespective of the foregoing, we reserve the right to pursue the protection and enforcement of our intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

APPLICABLE LAW
These Terms and Conditions are governed by the relevant laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section above, parties hereby agree to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.

MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. In the event that any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.

PAYMENT AND USE OF THIRD-PARTY SERVICES
We have partnered with Payment Providers, to facilitate a seamless and secure payment experience for our users. In effect, you may be subject to the separate policies, terms of use, and fees of such providers.

INDEMNITY
By using our site and services, you agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions.

PRIVACY POLICY
The privacy of our users is of paramount importance to us. This Privacy Notice explains how we collect, use, process, transfer, and store your information. By using our services, you agree to the practices laid out in our Privacy Policy.

What sort of personal information do we store?
We store the information you provide to us such as name, address, email address, date of birth, mobile number, payment details at check out, and your user name and password

What is done with your personal information?
In our quest to offer you the best customer experience, we use data collected to:

1. Process orders
2. Personalize your shopping experience
3. Deliver products and services
4. Process payments and communicate with you about your orders, products, services and related promotional offers
5. Store and update our database and your accounts with us
6. Prevent and detect fraud and abuse on our website
7. Provide a trustworthy and secure online environment as you use our Site
8. Offer marketing and advertising of our products and services relevant to you

As a user of our Site and services, you agree to receive promotional emails and text messages. You are at liberty to unsubscribe from promotional emails via a link provided in each mail. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, kindly send an email to our Customer Service (as provided on our inquiries page). We will retain your personal information for as long as your account is active with us or as long as your patronage remains with us. You are at liberty to close your account at any time you elect.

COOKIES
Cookies are unique small data files that we transfer to your device to enable our systems to recognize your device. Cookies help us create a shopping experience that is unique to you and your needs. We utilize cookies in the following ways:

1. To help us understand how our users use our site.
2. To recognize your Internet Protocol (IP) address, which saves you the stress of re-entering your details each time you visit our site or need to amend your shopping cart.
3. To keep track of your specified preferences to curate the best experience tailored to you
4. The prevention of fraud on our site
5. Keep track of items in the shopping cart for processing
6. To improve security
7. To measure and monitor our performance

Third parties such as our Payment platform may utilize cookies on their platform. It is important that you review their Privacy Policy to understand how your personal information is handled.

Kindly note that the acceptance of cookies is not a requirement for visiting our Site. However, not accepting cookies will limit the full use of our Site and its features.

Is my personal information safe?
We do not take your trust for granted, and as such we will not share your personal information unless expressly authorized by you outside of use to tailor your customer experience on our site as outlined. Notwithstanding our best efforts, no method of electronic storage is 100% impenetrable or secure.  We shall continuously strive to keep your personal information secure but we can not guarantee its absolute security.

What are my rights?
Should you have questions or concerns about your personal information and how it is used, it is your right to request access to your personal information stored in our database. It is your right to edit and correct any inaccuracies in your personal information. At any stage, you also have the right to ask us to desist from using your personal data for direct marketing purposes.

TERMINATION
At our sole discretion and/or breach of these Terms and Conditions, we reserve the right to restrict and terminate your access to our Site, products, and services and these Terms and Conditions without prior notice to you. Termination of this agreement shall not affect the respective rights and obligations (including payment obligations) of the parties before the date of termination. You agree that we shall not be liable to you or to any other party as a result of any such suspension or termination. If you are dissatisfied with the Site or with any of our terms, conditions, policies, guidelines, or practices, your sole, and exclusive remedy is to discontinue using the Site.

SELLERS
At Engrap, we help creative entrepreneurs start, manage, and scale their business. Consequently, we have opened our platform for budding creative entrepreneurs to sell their creative designs. Our sellers are expected to abide by the following Terms and Conditions.

1. Sellers are to ensure that they have all the necessary rights to their content and that they are not in breach of any third party’s rights by posting it on our Site.
2. We reserve the right to terminate any listing or account that we believe violates our Terms and Conditions and Intellectual Property. We also reserve the right to take legal action against violators of our Intellectual Property Policy and/or Terms and Conditions.
3. We will remove content cited for alleged intellectual property infringement when provided with proper notice.
4. Sellers are to send their designs to us, and, once approved and terms agreed on, we will upload the designs on our website visible for our customers to purchase.
5. Sellers are prohibited from encouraging buyers (our users) to purchase their content displayed on our Site through another venue. A transaction initiated on our Site may not be completed outside our Site. The price stated in each listing description must be an accurate representation of the sale. Sellers may not alter the item’s price after a sale to avoid our transaction fees.
6. Sellers are prohibited from displaying content that is against public policy, illegal promotes tribalism, racism, or hatred and is against the objectives and values of Engrap.

THIRD-PARTY
Sub-contracting any of your rights and obligations under these Terms and Conditions without obtaining our express consent is prohibited. We retain the right to assign, transfer, and/or sub-contract all or any of the rights and obligations under these Terms and Conditions to any third party at our discretion.