TERMS AND CONDITIONS
By using the The
Mews Cafe website services and tools (the “Mobile
application and Website”), you (“you” or the “End User”) agree to the terms and
conditions that we (“The
Mews Café, an Online food corner herein referred to as The Mews Cafe
“) have provided. If you do not agree with the outlined terms and conditions
(the “Terms of Use” or “Agreement”), please refrain from using the Site and its
services.
For the purpose of these terms of use, wherever the context requires,
‘You’ shall mean any natural or legal person who has agreed to make use of the
site.
The Site reserves the right to change, modify, add, or remove portions
of these Terms and Conditions of use at any time.
Please check these Terms and Conditions regularly for updates as changes
will be made on the website with no notice provided.
These Terms & Conditions were most recently updated on 20th
Sept 2023 and apply to sales to consumers. Subsequent changes will be stated
with the clauses inclusive.
Your continued use of the Site following the posting of changes to these
Terms and Conditions of use constitutes your acceptance of these changes.
If you are a business then different Terms & Conditions will apply
to you, please call our call Customer care service centre on 09165550926.
1 GENERAL
1.1 This Agreement sets forth the terms and
conditions that apply to the use of this Site by the End User. By using this
Site (other than reading this Agreement for the first time), the End User agrees to
comply with all of the terms and conditions hereof. The right to use this Site
is personal to End-User and is not transferable to any other person or entity.
1.2 End User shall be responsible for protecting
the confidentiality of End User’s password(s), if any. End User acknowledges
that, although the Internet is often a secure environment, sometimes there are
interruptions in service or events that are beyond the control of The Mews Cafe,
and The Mews Cafe shall not be responsible for any data lost while transmitting
information on the Internet. While it is The Mews Cafe's objective to make the
Site and its tools accessible 24 hours per day, 7 days per week, the Site and
it’s tools accessible may be unavailable from time to time for any reason
including, without limitation to routine maintenance. You understand and
acknowledge that due to circumstances both within and outside of the control of
The Mews Cafe access to the Site and it’s tools may be interrupted, suspended
or terminated from time to time. The Mews Cafe shall have the right at any time
to change or discontinue any aspect or feature of The Mews Cafe, including, but
not limited to, content, hours of availability and equipment needed for access
or use. Furthermore, The Mews Cafe may discontinue disseminating any portion of
information or category of information, may change or eliminate any
transmission method and may change transmission speeds or other signal
characteristics.
1.3 We take allergy information seriously as to
this providing prior word or notice must be given while placing your orders
which we will do our best to cater for.
2 USER SUBMISSIONS AND PRIVACY
2.1 Anything that you submit to the Site
and/or provide to us, including but not limited to, questions, reviews,
comments, and suggestions (collectively, “Submissions”) will become our sole
and exclusive property and shall not be returned to you.
2.2 In addition to the rights applicable to
any Submission, when you post comments or reviews to the Site and its tools,
you also grant us the right to use the name that you submit, in connection with
such review, comment, or other content.
2.3 You shall not use a false e-mail address,
pretend to be someone other than you or otherwise mislead us or third parties
as to the origin of any Submissions. We may, but shall not be obligated to,
remove or edit any Submissions.
2.4 We view protection of your privacy as a
very important principle. We clearly understand that you and your Personal
Information are one of our most important assets. We store and process your information
on computers that may be protected by physical as well as reasonable
technological security measures and procedures, and our current Privacy Policy is
available at link. If you object to your Information being transferred or
used in this way, please do not use the Site or it’s tools.
3 ORDERING AND PRICING
3.1 Once you have found the products you
are looking for, you can buy them online by clicking the ‘add to cart’ button
for the selected products. You will then be directed to your ‘cart’. Remember,
you can remove products from your cart or stop the ordering process at any
time. Please note that all prices are shown in Nigerian Naira (NGN) and are
inclusive of VAT, unless stated otherwise. Please note that there are cases
when an order cannot be processed for various reasons. The Site reserves the
right to refuse or cancel any order for any reason at any given time. You may
be asked to provide additional verification or information, including but not
limited to phone number and address, before we accept the order.
3.3 We are determined to provide the most
accurate pricing information on the Site to our users; however, errors may
still occur, such as cases when the price of an item is not displayed correctly
on the website. If we discover an error in the price of products you have
ordered we will inform you as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you, we will treat the order as cancelled. If you cancel and you
have already paid for the products, you will receive a full refund. As such, we
reserve the right to refuse or cancel any order.
4 PURCHASE CONTRACTS
4.1 This website is operated by The Mews
Cafe (“we”, “us” or “our”). By using the themewscafe.com website or it’s tools
you are bound by these Terms & Conditions. All use and purchases made on
this website are governed by these Terms & Conditions at any time although
the Terms & Conditions governing any given use or purchase will be those in
effect at the date of your order or specific use. If you use or order products
after we have published any changes you will be bound by those changes.
Accordingly, you should check prior to each use or order to ensure that you
understand the precise Terms & Conditions applicable to your site visit or
purchase. To assist you in determining whether the Terms & Conditions have
changed since your most recent order we will display the date when these Terms
& Conditions were most recently updated.
4.2 We sell products only to end-users.
4.3 We will confirm your order whether
placed directly by using the themewscafe.com website, the The Mews Cafe Apps,
emails, the customer care line, Whatsapp line, Social Media platforms and the
live chat. This will occur either by telephone calls or messages via these
mediums.
4.4 Confirmation constitutes our acceptance
of your order but order is completed when payment is received.
4.5 To participate in our services, the
customer must either complete the registration process or check out as a guest.
As a guest, customer must provide relevant information such as full name, phone
number and delivery address.
5 AMENDMENTS OF ORDERS AND CANCELLATION RIGHTS
5.1 Any orders placed may be amended or
cancelled by the customer at no charge, provided that this is done at the point
of confirmation or order delivery.
5.2 Please note, for cancellation to be
effective, an email should be sent to [email protected] or [email protected] or a call placed through to 09165550926 or any other customer care line
as stated on the website or app.
5.3 Any orders that have not been cancelled
prior to the expiry of the aforementioned points; the customer would be charged
the cancellation fee which is equivalent to the delivery fee.
6 METHODS OF PAYMENT
6.1 Payment may be made on the website and
app, by Cash, POS and online.
6.2 We only accept Nigerian Naira as
payment currency.
7 DELIVERY
7.1 Delivery days and times are Mondays –
Sundays 24 hours a day. Delivery will be made to the address specified by you
when you register on the website or app. You have the ability to change this
address through the “Account & Profile Details” feature on the website and
app, and you must do so if you move locations so that we can deliver to the
correct address. On recognized public holidays, delivery times are subject to
change.
7.2 We reserve the right to restrict
deliveries in certain areas, and this includes the right to eliminate certain
areas from our delivery schedule altogether.
7.3 We cannot deliver to any location that
is not contained on our Dispatch List.
7.4 The Mews Cafe will be responsible for
the delivery of the products you have ordered to your address. Until the time
that the products are delivered to you, the products shall remain the property
of The Mews Cafe (together with risk of loss and damage) will not pass to you
until the products are delivered to the address provided that we have processed
and received payment in full for the products.
7.5 We take special care to endeavour that
deliveries are made within a short delivery slot and accordingly, it is your
responsibility to ensure that an appropriate person is available at the
delivery address at all times during the delivery slot. We may ask that the
appropriate person sign up for the products upon delivery. If no one is at the
address when the delivery is attempted, the products will be retained by us. We
will leave a notification of delivery and will telephone to attempt to rearrange
the delivery with a new delivery cost.
7.6 Please note adverse weather conditions
and other events outside of our reasonable control may result in occasional
late or cancelled delivery. If that is the case, we will endeavour to contact
you as soon as we are able to in order to reschedule your delivery time and
date.
7.7 Should you fail to be present for your
delivery, if you want it delivered to another location, a new cost of delivery
will be added.
7.8 The Mews Café will ordinarily only make deliveries when an
appropriate person is able to receive the delivery.
8 DEFECTIVE GOODS AND DISSATISFACTION
8.1 We guarantee the quality of our
products. You must inspect the products and notify us immediately by phoning
our customer care center numbers or sending an email.
8.2 In the event that the products
collected by you are damaged, defective, faulty or do not match their
description at the point of collection, you would be sent a replacement or a
full refund will be made to you. You are advised to check your products for any
defect, fault or damage before signing the delivery note. If you discover a
genuine fault, defect or damage after delivery, you will be required to return
the Products to us (together with all relevant packaging).
9 RETURNS AND RETURNS APPROVAL
9.1 You can return your product as long as:
9.1.1 You contact Customer
Support within 1 hour of delivery. This is because we cannot vouch for the
customer’s storage methods after delivery has been made.
9.1.2 You have proof of purchase (online
invoice).
9.1.3 The product must be in an ‘as new’
condition and returned in the original, undamaged packaging along with the
accessories.
9.1.4 The product must not have been used or
opened.
9.1.5 All sealed items must not be opened
otherwise it would not be accepted on return. The Mews Cafe will only accept
unsealed items in cases where maggots, insects or molds are found in the item.
9.2 Return Approval of all returned items
are subject to inspection and approval by the authorized representative of The Mews
Cafe. For a returned item to be approved for return, it must be in an ‘as new’
condition and returned in the original, undamaged packaging along with the
accessories received with it. Items that are not returned in the above
condition will be sent back to you and payment will not be refunded.
9.3 Items returned without all accompanying
accessories and packaging would be replaced with another of the same product,
refunded to the account linked to your debit card (if you paid by debit card)
or refunded by bank transfer (if you paid by cash only).
9.4 You will be asked to choose one of the
following options:
The shipping will be free if return is due to Incorrect Delivery.
Otherwise, you’ll need to pay for the cost of shipping products back to The
Yellow Plate. The period of refund will not exceed 7 working days from receipt
of returned products to us and the accompanying documents, if approval of your
application for the return of the products is granted.
10 CUSTOMER COMPLAINTS
10.1 Any Customer complaints should be
addressed to the The Mews Cafe Customer Care Line 09165550926 or any other
customer care line stated on the website. An email should be sent to [email protected] or [email protected]
11 SPECIAL OFFERS PROMOTIONS AND COMPETITIONS
11.1 From time to time, and in our complete
discretion, purchases of products may be subject to special offers. In the
event that such a special offer applies to your purchase, the terms of such
special offer shall be subject to these Terms & Conditions. If there is any
conflict between the terms of a special offer and these Terms & Conditions,
these Terms & Conditions shall prevail unless specifically excluded.
11.2 We may change the terms of special
offers, or withdraw them altogether, at any time and without prior notice. We
will honour at the offer price any order placed by you before an offer ends, or
is amended or withdrawn.
12 CANCELLATION OF DELIVERIES AND SUSPENSION OF YOUR ACCOUNT
12.1 We reserve the right to cancel your
delivery at any time if we suspect fraud, or have reason to believe you are in
breach of these Terms and Conditions or any other terms and conditions relating
to your order, or if there is an outstanding payment for any account registered
at your address.
12.2 In addition to our right to cancel your
order, we reserve the right to suspend your account. Your account will remain
suspended until you contact our call center on 09165550926 and remedy any
breaches which are capable of remedy, or provide any information reasonably
requested by our call center advisers to enable them to reactivate your
account.
13.3 In the rare event that unforeseen
operational or technical issues occur, we may need to cancel or rearrange
delivery. If this happens, we will endeavour to contact you to arrange an
alternative delivery date.
14 COPYRIGHT AND TRADEMARKS
14.1 All intellectual property rights,
whether registered or unregistered, in the Site, or apps information content on
the Site and all the website design, including, but not limited to, text,
graphics, software, photos, video, music, sound, and their selection and
arrangement, and all software compilations, underlying source code and software
shall remain our property.
14.2 The entire contents of the Site also are protected by copyright as a collective work under Nigeria copyright laws and international conventions. All rights are reserved.
15 APPLICABLE LAW AND JURISDICTION
15.1 These Terms and Conditions shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. The place of jurisdiction shall be Abuja, Nigeria.
15.2 Unless otherwise specified, the material on themewscafe.com and the The Mews Cafe App is presented solely for the purpose of sale in Nigeria unless otherwise stated. The Mews Cafe makes no representation that materials on the site are appropriate or available for use in other locations/Countries other than Nigeria unless otherwise stated. Those who choose to access this site from other locations/Countries other than Nigeria do so on their own initiative and The Mews Cafe is not responsible for supply of products/refund for the products ordered from other locations/Countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
16 TERMINATION
16.1 In addition to any other legal or
equitable remedies, we may, without prior notice to you, immediately terminate
the Terms and Conditions or revoke any or all of your rights granted under the
Terms and Conditions.
16.2 Upon any termination of this Agreement,
you shall immediately cease all access to and use of the Site and App and we
shall, in addition to any other legal or equitable remedies, immediately revoke
all password(s) and account identification issued to you and deny your access
to and use of this Site and App in whole or in part.
16.3 Any termination of this agreement shall
not affect the respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of termination. You
furthermore agree that the Site and App shall not be liable to you or to any
other person as a result of any such suspension or termination.
16.4 If you are dissatisfied with the Site
or App or with any terms, conditions, rules, policies, guidelines, or practices
of The Mews Cafe in operating the Site or App, your sole and exclusive remedy
is to discontinue using the Site or App.
17 PRODUCT DESCRIPTION
17.1 The Mews Cafe tries to
be as accurate as possible. However, The Mews Cafe does not warrant that
the product description or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by The Mews Cafe is not
as described, your sole remedy is to return it in unused condition within
24hours of receipt of goods.
18 LIMITATION OF LIABILITY
18.1 IN NO EVENT SHALL THE MEWS CAFE BE
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY
KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE MEWS CAFE HAS BEEN INFORMED
IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 Our liability for the losses you suffer as
a result of us breaking this agreement is strictly limited to the purchase
price of the products you purchased.
19 INDEMNITY
19.1 You shall indemnify and hold harmless The Mews Cafe its owner’s, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
