Terms of Service
1. About the Website
1.1. Welcome to https://beyofiafrica.com/.(the ‘Website’). The website gives you a chance to look through and buy a variety of items that have been posted for sale there (the “Products”). By allowing you access to the website’s material (the “Purchase Services”), the website offers this service.
1.2. The Website is operated by Shopify. BEYofi Africa provides access to and use of the Website and any related Goods or Services. Please take your time reading these terms and conditions (the “Terms”). The use, browsing, or reading of the Website constitutes your acknowledgment that you have read, comprehended, and agreed to be bound by the Terms. You must stop using the Website or any of the Services right away if you do not agree with the Terms.
1.3. The Terms are subject to revision and alteration at any time, and BEYofi Africa has the right to do so by updating this page. When BEYofi Africa alters the Terms, it will make a reasonable effort to notify you of the changes. Any modifications to the Terms take effect as soon as they are posted.
2. Acceptance of the Terms
By continuing to use the Website, you agree to the Terms. When BEYofi Africa gives you the option to do so in the user interface, you can also accept the Conditions by clicking the appropriate button.
3. Registration to use the Purchase Services
3.1. You must register as a user of the Website in order to access the Purchasing Services. You might be asked to give personal information about yourself (such as identification or contact information) as part of the registration process or as part of your continuous use of the Purchasing Services, including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
3.2. You promise to always provide BEYofi Africa with accurate, complete, and up-to-date information when completing the registration procedure.
3.3. You will have immediate access to the Purchasing Services once you become a member and agree to be bound by the Terms. You will have instant access to the Purchasing Services as a Member.
3.4. If either of the following applies to you: (a) you are not of legal age to form a contract with BEYofi Africa; or (b) you are a person barred from receiving the Purchase Services under the laws of Nigeria or other countries, including the country in which you are resident or from which you use the Purchase Services, you are not permitted to use the Purchase Services and are not permitted to accept the Terms.
4. Your obligations as a Member
4.1. As a Member, you consent to the following: You will only use the Buy Services in accordance with legal requirements, such as:
(a) the Terms;
(b) All applicable rules, regulations, customs, or policies in the relevant jurisdictions;
(c) The confidentiality of your password and/or email address is solely your responsibility. The Purchasing Services may be immediately terminated if someone else uses your password.
(d) It is totally forbidden for anybody else or third parties to use your registration information in any way. You agree to immediately notify BEYofi Africa of any unauthorized use of your password or email address or any breach of security of which you have become aware.
(e) Your access to and use of the Website is constrained, non-transferable, and only permitted for BEYofi Africa to use it to provide the Purchase Services on your behalf;
(f) You agree not to use the Website or Buy Services for any unlawful or unauthorized purpose, including gathering Member email addresses electronically or otherwise for the purpose of sending unsolicited email or unlawfully framing or linking to the Website;
(g) You acknowledge that purchase services may be terminated as a result of commercial advertisements, affiliate links, and other kinds of solicitation being removed from the Website without prior notice. For any unauthorized or unlawful use of the website, Saka Hair Studio will take the appropriate legal action; and
(h) You understand and agree that it is not permitted to use the website’s purchase services automatically.
5. Purchase of Products and Returns Policy
5.1. You consent to pay the purchase price (also known as the “Purchase Price”) displayed on the Website for the Product when utilizing the Purchase Services to buy it through the Website.
5.2. In order to use the Purchase Services, you warrant that you have read and agree to be bound by the applicable Terms and Conditions of Use, Privacy Policy, and other applicable legal documentation provided by the Payment Gateway Providers. Payment of the Purchase Price may be made through PayPal or another (the “Payment Gateway Provider”).
5.3. After BEYofi Africa has confirmed that you have paid the Buying Price, you will receive a receipt to show that the payment has been made. BEYofi Africa may also keep a record of your purchase information for future reference.
Hair Products, Extensions, and Cosmetics “All Sales Are Final” Policy.
5.4 When the product packaging is returned within five days in resalable condition (this does not apply to Hair Extensions, Wigs any/all cosmetics as they are considered Hygienic Products). BEYofi Africa may, at its sole discretion, issue a refund. You acknowledge and agree that you are responsible for all postage and shipping costs associated with a refund issued under this provision.
5.5 Due to the nature of our products, we cannot accept the return of hair extensions, hair pieces, or cosmetics, as they are considered Hygienic Products. However, it is up to the purchasers to choose which color to buy. Please ensure you are satisfied with the color match before purchasing hair extensions, as no changes can be made once they have been shipped.
5.6 BEYofi Africa is not responsible for how you utilize any product purchased from our company. We are not liable for any damage that may occur after our products or services are installed due to improper use or failure to follow our instructions. After installation of hair extensions or purchase of clip-in hair, full Aftercare instructions are provided, and Aftercare products are available in-store. The customer is responsible for ensuring that only the appropriate products are used on the hair and that all guidelines are followed. We are happy to answer any questions you may have regarding the care of your hair.
6. Warranty
6.1. The Nigeria Consumer Law prohibits the exclusion of the warranties that are included with BEYofi Africa Goods. If the Product suffers a significant failure, you are entitled to a replacement or refund as well as compensation for any further loss or damage that was reasonably foreseeable. If the Products are not of acceptable quality and the failure does not constitute a severe failure, you are also entitled to have the Products fixed or replaced (the “Warranty”).
6.2. Within 30 days after the date of purchase (the “Warranty Period”), you may file a claim under this clause (the “Warranty Claim”) for material defects and workmanship in the Products.
6.3. You must send BEYofi Africa proof of purchase, along with a description of the products and the price paid for them, by email to Customersupport@BeYofi.com order to submit a warranty claim during the warranty period.
6.4. In the event that the warranty claim is approved, BEYofi Africa will, in its sole discretion, either repair or replace any defective products—or portions thereof—with new or remanufactured equivalents throughout the warranty period, free of charge for parts and labor. You understand and admit that any postage or shipping expenses incurred in facilitating the Warranty Claim will be your own responsibility.
6.5. The Warranty is the only and exclusive warranty provided by BEYofi Africa and is the only legal remedy available to you in connection to the Products covered by this warranty, in addition to any other rights you may have.
6.6. All implicit warranties, such as the ones relating to suitability for a particular purpose and merchantability, are only valid during the Warranty Period.
6.7. The Warranty does not cover any aspect of the supplied Products’ appearance, any of the additional excluded items listed below, or any of the supplied Products whose exterior has been harmed or defaced, misused, received unusual service or handling, or had its design or construction altered.
7. Copyright and Intellectual Property
7.1. The Website, the Purchasing Services, and all associated BEYofi Africa items are protected by copyright. Under Nigerian law and international treaties, the information on the website is copyright protected. Unless otherwise stated, BEYofi Africa or its contributors own all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video pictures, audio clips, and software) (the “Content”).
7.2. All the Website’s and its related content’s rights, titles, and interests are still owned by BEYofi Africa. Nothing you do on the website or in connection with it will be transferred to you.
(a) the right to use or exploit a company name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of BEYofi Africa (or an adaptation or modification of such a system or process).
7.3. Without BEYofi Africa’s prior written consent and that of any other relevant right holders, you are not permitted to: broadcast, republish, upload to a third party, transmit, post, distribute, display, or play in public, adapt or edit in any way the Content or third party content for any reason. The materials on the website that are freely usable or in the public domain are not covered by this limitation.
8. Privacy
The BEYofi Africa Privacy Policy, which is available on the website, applies to any information submitted through your use of the website and/or the purchase services. BEYofi Africa takes your privacy seriously.
9. General Disclaimer
9.1. You recognize that BEYofi Africa makes no additional representations or warranties regarding the Goods than those that are expressly set forth in these Terms.
9.2. You accept that while BEYofi Africa will make every effort to ensure that a Product is appropriately portrayed on the Internet, sizes, colors, and packaging may vary from what is shown there…
9.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions that are implicit or imposed by law, including the Nigerian Consumer Law (or any liability under them), which by law may not be limited or excluded.
9.4. In accordance with this provision and the extent permitted by law:
(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
(b) Unless such loss or damage is reasonably foreseeable as a result of our failure to satisfy an applicable Consumer Guarantee, BEYofi Africa shall not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law or in equity.
9.5. You do so at your own risk when using the Website, the Purchasing Services, or any of BEYofi Africa products. You are given access to the Website, the Purchasing Services, and the Goods of BEYofi Africa`as is” and “as available,” without any type of guarantee or condition. No express or implied representation or warranty is made by BEYofi Africa, its affiliates, directors, officers, employees, agents, contributors, third-party content providers, or licensors regarding its Content or any products or Purchase Services (including BEYofi Africa products or Purchase Services) that are mentioned on the Website. This covers, but is not limited to, any loss or harm you might sustain as a result of any of the following:
(a) failure of the operation, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, illegal third-party behavior, or theft, destruction, alteration, or unauthorized access to records;
(b) any information on the website, the purchase service, or any of its content-related products (including third-party content and advertisements on the website) is accurate, appropriate, or current;
(c) fees associated with accessing the Website, the Purchasing Services, or any of the Goods by you;
(d) the operation of links offered for the user’s convenience, including their content or content quality;
(e) any transaction failure or loss resulting from online purchases made through the website; any libelous, threatening, offensive, or illegal behavior by third parties; or the publication of any content pertaining to or constituting such behavior.
10. Limitation of Liability
10.1. The most recent Purchase Price that you have paid under these Terms, or, in the event that you have not paid the Purchase Price, the resupply of the information or Purchase Services to you, shall constitute BEYofi Africa’ entire liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise.
10.2. You clearly understand and accept that BEYofi Africa, its affiliates, employees, agents, contributors, third-party content providers, and licensors are not responsible for any direct, indirect, incidental, special, consequential, or exemplary losses that you may suffer, regardless of how they occurred or the basis for their liability. Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or company reputation, and any other intangible loss are included but not limited to.
10.3. BEYofi Africa is not responsible or liable in any way for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, regardless of whether it was posted or caused by BEYofi Africa website users, third parties, or any of the company’s Purchase Services.
11. Termination of Contract
11.1. The Terms will remain in effect until canceled as described below, by either you orBEYofi Africa.
11.2. If you want to end the Terms, you can do so by: Sending BEYofi Africa a written notice of your intent to do so by clicking the “Contact Us” link on our home page.
(a) notifying BEYofi Africa at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where BEYofi Africa has made this option available to you.
11.3. BEYofi Africa may, at any time, terminate the Terms with you if:
(a) You have violated or plan to violate any agreement term.
Provision.
(b) BEYofi Africa is required to do so by law;
(c) the partner with whom BEYofi Africa offered the Purchase Services to you has terminated its relationship with BEYofi Africa or ceased to offer the Purchase Services to you;
(d) BEYofi Africa is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by BEYofi Africa is, in the opinion of BEYofi Africa, no longer commercially viable.
11.4. If you violate any of the Terms or any applicable law, or if your actions harm BEYofi Africa’s name or reputation or violate the rights of another party, BEYofi Africa reserves the right to terminate or cancel your membership in the Website at any time and may suspend or deny, in its sole discretion, your access to all or any part of the Website or the Purchase Services without prior notice.
11.5. All of the legal benefits, obligations, and liabilities that you and BEYofi Africa have experienced, benefited from, been subject to, or accrued over time while the Terms have been in effect shall be preserved after the termination of the Terms. The provisions of this section shall continue to apply to such rights, obligations, and liabilities going forward.
12. Indemnity
12.1. You consent to hold harmless BEYofi Africa, its subsidiaries, affiliates, officers, directors, participants, suppliers of third-party content, and licensees from and against:
(a) any legal fees on a full indemnity basis, and actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage sustained as a result of, resulting from, or connected with any Content you post on the website;
(b) any negative effects, direct or indirect, resulting from your access to, use of, or attempts to use the Website for any purpose, as well as any violations of the Terms committed by you or your agents.
13. Dispute Resolution
13.1. Mandatory: If a dispute results from or pertains to the Terms, neither party may file a complaint with a tribunal or file a lawsuit without first adhering to the following provisions (except where urgent interlocutory relief is sought).
13.2. Notice: A party to the Terms who alleges a disagreement (a “Dispute”) has arisen under the Terms shall give written notice to the other party specifying the nature of the disagreement, the desired resolution, and the steps to be taken to resolve the disagreement.
13.3. Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 14 days of the Notice, make an effort in good faith to quickly resolve the dispute through negotiation or any other means they can mutually agree upon;
(b) The parties must either agree on the choice of a mediator or request that the president of the Australian Mediation Association or his or her nominee appoint a suitable mediator if, for any reason, 14 days have passed from the Notice’s date and the Dispute has not been resolved;
(c) The Parties are equally accountable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertaking to pay any monies asked by the mediator as a precondition to the mediation commencing. The costs of the mediation will be split equally by the Parties, and it will take place in Lagos, Nigeria.
13.4. Confidential For the purposes of any applicable laws of evidence, all communications between the Parties about talks arising out of or related to this dispute resolution clause are confidential and, to the extent practicable, must be treated as “without prejudice” conversations.
13.5. Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.
14. Venue and Jurisdiction
The Purchase Services offered by BEYofi Africa are intended to be viewed by residents of Africa. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Nigeria.
15. Governing Law
Nigerian law is applied to these terms. Notwithstanding obligatory rules, any disagreement, controversy, proceeding, or claim of any kind arising out of or in any way related to the Terms and the rights created hereby shall be controlled, interpreted, and construed by, under, and in accordance with the laws of Nigeria. This governing law provision’s legality is undisputed. The parties hereto, as well as their heirs and assigns, shall all be bound by the Terms.
16. Independent Legal Advice
The Terms are not against public policy on the basis of inequality, bargaining power, or general grounds for trade restraint; parties confirm and declare. The Terms’ provisions are fair and reasonable, and both parties have taken the opportunity to acquire independent legal opinion.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Contact Information
Our contact information is posted below:
BEYofi Africa
Registered Office Address:
P.O Box 4141 Duluth, Georgia 30096-1143
Tel: 877 644-5494 | Email: Customersupport@BeYofi.com
Business Registration Number: 18110924
BeYofi Hair Extensions & Design Services Limited
Registered Office Address:
85 Great Portland Street, First Floor, London W1W 7LT
Tel: +44 20 3603 3473 | Email: Customersupport@BeYofi.com
Company House Registration: 11315859
VAT Registration Number: 309553301