TERMS AND
CONDITIONS
2412 SHOP TRADING AS 2412 FARM SHOP ENTERPRISE
TERMS AND CONDITIONS
1. INFORMATION ABOUT US
1.1 These are the website terms and conditions of 2412 FARM SHOP ENTERPRISE trading as 2412 SHOP in Nigeria
1.2 We operate the website www.2412farms.com / www.2412shop.com ((the “Website”).
1.3 This document provides our terms and conditions, on which we will supply to our customers products (“Products”) listed on our website via one of our rolling subscription services (“Services”) or non-Subscription products. Customers are able to cancel or pause their subscription at any time 5 days before their chosen or allocated delivery date
We ask that customers read our terms and conditions carefully before ordering any Products from our Website or subscribing to one of our Services.
1.4 These Terms and Conditions apply to sales to consumers.
1.5 If customers order Products after we have published any changes (e.g. prices, changes to terms and conditions etc), they will be bound by those changes.
1.6 We recommend that customers print a copy of these terms and conditions for future reference.
1.7 In these terms and conditions, the words “we”, “us”, “our” and similar expressions refer to 2412 Farm Shop Enterprise trading as 2412 Shop
2. SERVICE AVAILABILITY
2.1 Our Website is only intended for use by people residing in Lagos Nigeria. Unfortunately, we cannot accept orders from individuals outside of this service area at this time,
3. CUSTOMER STATUS
3.1 By placing an order through our site, customers warrant that:
3.1.1 they are legally capable of entering into binding contracts;
3.1.2 they are at least 18 years old;
3.1.3 they are a resident in one of the Serviced area and
3.1.4 they are accessing our Website from that country.
4. PURCHASE CONTRACT
4.1 All use of our website and purchases made on our Website are governed by These Terms And Conditions. After placing an order via our website, customers will receive an email from us acknowledging that we have received their order. Please note that this does not mean that the order has been accepted. A customer’s order constitutes an offer to us to buy Products by subscribing to a Service. Subject to our cancellation rights set out in clause 4.5 below, acceptance of a customer’s order and completion of the contract between us (the “Contract”) will take place when we dispatch the Products to them. After the Contract has been formed, they will be sent a dispatch confirmation (“Dispatch Confirmation”) via email and/or SMS message as applicable from our third-party couriers.
4.2 The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by the customer. By entering into this Contract, the customer acknowledges that their subscription has an initial and recurring payment feature and they accept responsibility for all recurring charges prior to deactivation.
4.3 By subscribing to The 2412 Shop the customer agrees to pay recurring periodic subscriptions for an indefinite time until deactivated by themselves or us, on the subscription terms set out in the application form they completed on our Website. This is subject to variation in accordance with clause 4.5 below. They can deactivate their subscription at any time within the deactivation deadline. They will not be charged for any deactivation. They can re-subscribe at any time following their deactivation of the service, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by the customer.
4.4 A customer cancelling or pausing their subscription is easy. They just need to go to their account area on our Website and follow these steps (this must be completed by 5pm five days before the following week's delivery for subscriptions and 24 hours prior to normal orders):
1. Call the office 0916 715 2233
2. Send a DM to the above number
3. Send an email to info@2412farms.com
4. Ssend us a message via the Contact us Page on our website www.2412farms.com
4.5 We reserve the right at our absolute discretion not to renew a customer’s subscription at any time without giving any reasons for our decision. Such reasons may include (but not limited to) suspicion of fraud.
5. OUR PRODUCTS
5.1 The images of Products on our Website are for illustrative purposes only. Products may differ slightly from those displayed on our website, and by its nature may vary in colour and size. The packaging of Products may also vary from that shown on our Website.
5.2 Customers are responsible for opening and inspecting the Products upon delivery and storing them correctly. They are also responsible for the preparation and cooking of our Products. We accept no liability for any loss, damage or injury arising as a result of the incorrect storage, preparation or cooking of our Products.
5.3 Products are subject to availability and prevailing market conditions. In the event of non-availability of any Products a customer may order, we may offer a reasonable substitute. It is our policy to notify customers of any substitute items via email prior to delivery where possible giving customers the opportunity to accept or reject the item prior to the point of delivery. If a customer is not happy with any substitution, they should contact our customer care team via the various methods detailed on our Website.
6. VOUCHERS AND GIFT CARDS
6.1 We may offer gift cards, discount promotions and other types of vouchers (“Voucher”)
which require activation by email application in order for the holder to commence delivery of Products through our Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher holder when the holder redeems the Voucher by applying for a Service to commence.
6.2 A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
6.3 We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
6.4 Vouchers may only be redeemed through our Website and not through any other website or method of communication. For a customer to use their Voucher, they will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
6.5 Our Discount Partners will be provided with a unique voucher for its customers which can be used multiple times at checkout for the duration agreed between 2412 Farm Shop Enterprise and itself.
6.6 Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
6.7 We reserve the right to cancel Vouchers at any time. We also reserve the right to reject Voucher codes if we suspect any fraud.
8. CONSUMER RIGHTS
8.1 Customers may deactivate an order or cancel their subscription at any time. To do so, please follow the steps outlined above in clause 4.4.
8.2 If a customer wishes to cancel their order prior to receiving their first box, please contact our customer care team via the various methods detailed above by 5pm five days before your delivery date.
8.3 As our Products contain fresh and perishable food, customers are not entitled to the regular rights of consumers to return goods within 14 days after you receive them simply because you change your mind. If there are however issues with the order (Poor Quality etc, customers are asked to contact us (via the routes mentioned in Section 4.4) with evidence of the issue. 2412 Shop will endeavour to replace the items in question within 24 hours.
9. AVAILABILITY AND DELIVERY
9.1 If customers have any questions regarding their delivery locations, please contact our customer care team via the various methods detailed on our website. Customers will be notified of the relevant surcharge before placing an order.
9.2 The 2412 Shop (or our authorised couriers) will not be able to deliver to particular areas in Lagos. Customers should check our website for the areas we deliver to in Lagos.
9.3 Delivery windows stated on our website or via email are an indication, and not a guarantee of delivery within these hours. We reserve the right to deliver the customer’s order at any point on the day of delivery. We will however endeavour to deliver products before 6pm.
9.4 We will endeavour to deliver customer orders on the delivery day set out in the dispatch confirmation, however where we are unable to guarantee that a customer’s order will be delivered on the delivery day due to factors outside of our control (traffic or severe adverse weather conditions) and our contractual obligation to the customer will be fulfilled where we deliver an order to the customer at any point up to one (1) day after the scheduled delivery day. If transportation prevents, hinders or delays delivery of a customer for a period of more than 1 day after their scheduled delivery day, we will compensate the customer accordingly for any directly incurred loss.
9.5 Customers will need to ensure that there is an authorised person over the age of 18, for the entirety of the delivery window so that delivery can be completed without any leave safe instructions. If delivery cannot be completed in the applicable delivery window (for any reason), we may (at our discretion) take reasonable steps to attempt redelivery on the same day, and/or deliver in accordance with a customer’s verbal and/or written instructions, provided at their own risk to our delivery drivers or customer care agents. The 2412 Shop will not be liable in any way for any loss or damage suffered as a result of complying with customer delivery instructions. In circumstances where deliveries cannot be completed because of problematic customer instructions; customers will be obliged to bear all expenses related to aforesaid default of acceptance.
9.6 Delivery will be completed when we, or our authorised courier company, deliver the Products to the address provided to us by the customer. If no one is available at the customer’s designated address to take delivery, we, or our authorised courier company, will follow the delivery instructions provided to us by the customer. If no leave safe instructions are specified, the order will be left in an area that the authorised courier company considers safe.
9.7 The leave safe location specified by the customer shall be within the area of the delivery address and shall be accessible to the courier. We will endeavour to follow any delivery instructions you provide but this cannot be guaranteed.
9.8 We, or the courier company may try to contact the customer on the telephone so that delivery can take place. The delivery driver will use the telephone number associated with the customer’s account, which may also be printed on the delivery label.
9.9 2412 Shop’s obligation to deliver the box shall be fulfilled once the courier delivers the box at the safe spot specified by the customer or the box containing the order is considered safe by us, or the courier.
9.10 If the personal handover of the order is not possible and no leave safe is available The 2412 Shop may also deliver the box to a nearby household or business. A household or business shall be regarded ‘nearby’ if the recipient resides in the same building as the original addressee. In addition, the order may also be delivered to a recipient residing in proximate walking distance to the delivery address (e.g. same housing complex, building on the opposite side of the street, next-door building). All aforementioned nearby households and businesses are subsequently referred to as “neighbours”.
9.11 The customer will be notified of such delivery to a neighbour by delivery notice or via email.
9.12 If neither a personal handover nor a delivery to a neighbour is possible, the customer will be in default of acceptance.
9.13 The 2412 Shop will not attempt a further delivery. Customers are obliged to bear all expenses related to aforesaid default of acceptance.
9.14 The 2412 Shop reserves the right to change the customer delivery date with prior notice. If we have left the customer’s Products in your safe place, or another place deemed safe by our driver, and they are stolen or damaged, we do not accept liability, but may offer the customer a refund or other compensation at our complete discretion.
10. RISK AND TITLE
10.1 Once the delivery is completed, according to the preceding paragraph (i.e. received by a customer, left in a safe spot as specified by the customer or considered safe by authorised courier company, or delivered to a neighbour if no leave safe is provided or available) the risk of any damage or loss of the box will be with the customer. The 2412 Shop shall not be held liable for any damage, defect or loss which may occur thereafter.
10.2 Customers are fully responsible for any damages or losses due to any ambiguity regarding the safe spot specified by them. The 2412 Shop is not obliged to review the safe spot as to its general suitability.
10.3 Refusal of the box does not negate the charge for the Services. The 2412 Shop will not be liable for any losses sustained by the customer relating to a refusal of delivery by our authorised courier company.
11. PRICE AND PAYMENT
11.1 The price of the Products and delivery charges will be as quoted on our Website when a customer’s subscription is created and our other products on the site, except for in cases of obvious error.
11.2 All subsequent orders will be the same cost unless a change is made to the subscription by the customer e.g. change of box type, or because of the nature of the commodity of fresh fruit and vegetable, a price change.
11.3 All Product prices include VAT where applicable.
11.4 Product prices and delivery charges are liable to change at any time, but the changes will not affect orders in respect of which we have already sent the customer a Dispatch Confirmation.
11.5 Payment for all Products and Services must be by credit or debit card. We use Paystack on our site. The 2412 Shop will automatically charge alternative payment methods associated with a customer’s account if a primary payment method is declined or no longer available.
11.6 Please note our third party payment providers may make a temporary charge of up to N10 against a customer’s payment method. This may appear in the customer’s transaction history to verify that your card is working but will be automatically refunded once the customer’s payment method is verified.
11.7 Payment details are stored securely by a third party to allow recurring payment for future subscription orders. The 2412 Shop does not have access to view a customer’s full credit or debit card details.
11.8 If payment for a customer’s order is unsuccessful the Product may still be dispatched and the sale will be deemed to have occurred.
11.9.1 In such circumstances The 2412 Shop will reattempt payment through the recurring payment method.
11.9.2 It is the customer’s responsibility to ensure sufficient funds are available to process the payment for the order or update payment details if required.
11.10 If our third-party payment provider has new card details (e.g.. The customer’s previous card expired or was lost or stolen) these will be updated on our system automatically in order to process future payments on customer subscriptions.
12. PAYMENT COLLECTION
12.1 If payment is not processed when re-attempted by The 2412 Shop we reserve the right to recover the debt through alternative means, either directly or through a third party debt collection agency who will contact the customer directly on our behalf.
12.2 The 2412 Farm may contact customers via email, letter, call or SMS to retrieve the funds.
12.3 If a customer fails to settle the outstanding balance or contact The 2412 Shop within ten days of the delivery date we may charge interest to them on the overdue amount at the rate of 4% a year above the base lending rate of our bank at the time the debt was incurred. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The customer must pay us interest together with any outstanding amount.
12.4 If the payment has not been settled or we do not gain any satisfactory guarantee for payment a customer’s contact details and order information may be referred to a third-party debt collection agency who will contact them on our behalf. The customer will be liable for any fees or charges incurred due to this referral.
12.5 We reserve the right to suspend or terminate a customer’s service when there is an outstanding balance on their 2412 Shop account.
13. OUR REFUNDS POLICY
13.1 If customers are unhappy with their order for a legitimate reason such as: the box was missing content, the box was damaged or the box did not arrive, we will offer an appropriate refund as long as it can be shown that the order being charged for was not supplied as it should have been.
14. WARRANTY
14.1 Any Product purchased from us through our website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
15. OUR LIABILITY
15.1 Subject to clause 15.2, if we fail to comply with these terms and conditions, we shall only be liable to the customer for the purchase price of the Products.
15.2 Nothing in this agreement excludes or limits our liability for:
15.2.1 Death or personal injury caused by our negligence;
15.2.2 Fraud or fraudulent misrepresentation;
15.2.3 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
16. WRITTEN COMMUNICATIONS
16.1 Applicable laws require that some of the information or communications we send to customers should be in writing. When using our website, customers accept that communication with us will be mainly electronic. We will contact customers by e-mail or provide them with information by posting notices on our website. For contractual purposes, customers agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide electronically comply with any legal requirement that such communications be in writing.
17. NOTICES
17.1 All notices given by customers to us must be addressed to 2412 Farm Shop Enterprise (The 2412 Shop) at our registered office 1c Idowu Olayinka close Agoro United Estate Sangotedo Lekki Lagos. Notice will be deemed received and properly served immediately when posted on our website or 24 hours after an email is sent.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 The Contract between the customer and us is binding on both parties and on our respective successors and assignees.
18.2 customers may not transfer, assign, charge or otherwise dispose of a Contract, or any of the customer rights or obligations arising under it, without our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 We are the owner or the licensee of all intellectual property rights in our Website, whether registered or unregistered, and in the material published on it.
19.2 Customers may print off one copy, and may download extracts, of any pages from our website for their personal reference. Customers cannot use any part of our materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
19..3 If customers post comments on the Products or Services to any Website, blog or social media network (Commentary) they must ensure that such commentary represents fairly held opinions. By subscribing to the Services, customers irrevocably authorise us to quote from their commentary on our website and in any advertising or social media outlets which we may create or contribute to.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 20.2.1 Strikes, lock-outs or other industrial action;
20.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
20.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
20.2.5 Impossibility of the use of public or private telecommunications networks;
20.2.6 The acts, decrees, legislation, regulations or restrictions of any government; and
20.2.7 Pandemics or epidemics.
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
21. WAIVER
21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the customer from compliance with such obligations.
21.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the customer in writing in accordance with clause 15 above.
22. SEVERABILITY
22.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
23 AML – ANTI MONEY LAUNDERING
23.1 At 2412 Farm Shop Enterprise, we look to carry out good KYC (Know Your Customer) procedures on our customers to mitigate issues with Anti Money Laundering through the Personally Identifiable Information we collect, including First Name, Last Name, Email Address, Phone Number, Bank Account Name and Number in the case of refunds.
23.2 Our transactions are carried out through Paystack. who can carry out a customer information verification process, Paystack also provides a number of endpoints that can be called including:
23.2.1 Verify Account Number: Paystack are able to verify a customer's account number using the Verify Account Number endpoint. This allows us to confirm the authenticity of a customer’s account number.
23.2.2 Resolve Card BIN: which enables us to verify a customer's card BIN using the Resolve Card BIN endpoint.
23.2.3 The Validate Account. The Validate Account carried out by Paystack validates both personal and business accounts. It checks if the provided customer’s details are correct and returns the status of the check.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
24.2 We each acknowledge that, in entering into a Contract, neither parties (us and the customer) relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
24.3 Both parties (us and the customer) agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
24.4 Nothing in this clause limits or excludes any liability for fraud.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time without prior notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
25.2 Customers are subject to the policies and terms and conditions in force at the time that a order is made from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the customer), or if we notify the customer of the change to those policies or these terms and conditions before we send out the Dispatch Confirmation (in which case we have the right to assume that the customer has accepted the change to the terms and conditions, unless we are notified to the contrary within two working days of receipt of the Products).
26. LAW AND JURISDICTION
26.1 Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Nigerian law.