Terms & Conditions

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using (“the Site”) operated by CULTURE HAYVN Creative (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at https://thelemonwave.com/culture-hayvn 

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or purchasing content or other materials on the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement

1. GENERAL 
   • About Us

Culture Hayvn is a street wear brand that caters for all age range by providing quality and culturally relevant fashion items for its customers. We consider ourselves culture custodians and would like to give you a taste of what it feels to be part of the culture. . /As curated by the brand

1. OWNERSHIP

The website is owned by Lemon Wave and licensed to CULTURE HAYVN. Where applicable, “CULTURE HAYVN”, the “Company” , “we” , “us” and “our” shall refer to CULTURE HAYVN and “you” or “your” shall refer to the user of the Services.

1. RETURN OR REFUND POLICY 

[CULTURE HAYVN] accepts returns of unused products with the original tags attached within 3 days from the date of dispatch. The report must be within 24 hours after receiving delivery of the package (. The products must be in the same condition as at it were at the time of delivery. 

The return must be elicited due to a Size defect or in the case of a defective or damaged item (s). Where the returned items have visible sign of wear or do not have tags attached, your return will not be eligible for a replacement or a refund. 

All concerns relating to returns shall be attended to within 24 to 48hours of receiving the report. Upon return, the item (s) shall be assessed as to whether or not it is eligible for a replacement or refund as the case may be.  All such refunds or replacements shall be accepted at the brand’s discretion. Resolution of returning issues shall be handled within a period of 3 to 5 working days from the date the item (s) returned are received.

Where the brand resolves that it is unable to adequately replace the item (s), it shall process a refund to you within 3 to 5 working days from the date of its notice to you confirming the item (s) eligibility for a return.

Steps to take in order to request a Return

1. Fill out the contact us or queries form or Email us stating details of the purchase, your order number and state which item (s) you would like to return 
2. We will email you back within 48hours to direct you on  next steps 
3. Make sure the items you’re returning do not have any visible signs of use and have the original tags on 
4. Package the products into their original packaging 
5. Put the products into a communicated shipment packaging and label it as agreed 
6. Maintain contact with the brand

Item (s), once confirmed eligible for returns are processed within 3 to 5 working days for local purchases only.

1. USE OF SERVICES 

2.1. Use of Services. Subject to the terms and conditions of this Agreement, CULTURE HAYVN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of personal, non-commercial, shopping for items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2. Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, or otherwise exploit the Products and designs or any portion of them. You shall not engage in any act that violates or infringes our copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights. 

 

You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. We reserve all rights not expressly granted in and to the Content.

 

Additionally, you agree not to:

• use the website for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation;
• to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or other persons using the Services or expose us or them to liability;
• use the website in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
• use any robot, spider or other manual or automated device, process, software or means to index or access the website for any purpose;
• use the website to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes; or
• otherwise attempt to interfere with the proper working of the website.

 

1. PRICE AND PAYMENT PROCEDURE

The price of the products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may still occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full. 

We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price. 

Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have shared an Order Confirmation.

Once you have selected all articles that you wish to buy, they will be added to your cart. The next step will be to process the order and make the payment. To that end, you will be required to follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide.

Payments can be made through Flutterwave or you can select any other expressly designated payment gateways. Please do not try to pay by any means other than as specified under these terms. If you do, we will not be liable for loss of payment or any other damages that may result from this action.

1. PROMO CODES 
   From time to time, we may provide you with Promo Codes that can be used as mechanisms to offer discounts on specified products. Remember, it’s up to you to enter the code at checkout! Here are some key things to remember:

• Each Promo Code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc.).
• If you’re given a unique Promo Code that is meant just for you (e.g. a student Promo Code) please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code and/or suspend or even close your account without telling you.
• if a Promo Code can’t run properly due to fraudulent activities of customers, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code – we can cancel, modify or suspend the Promo Code.

1. PRIVACY POLICY & DATA PROTECTION

• Your privacy is important to us. It is our policy to respect your privacy regarding any information we may collect from you across our website, and other sites we own and operate.
• We only ask for personal information when we truly need it to provide a service particularly processing your order and during surveys. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
• We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
• Our website may link to external sites that are not operated by us. Please be notified that we have no control over the content and practices of these sites, and as such do not accept responsibility or liability for their respective privacy policies.
• You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
• Culture Hayvn shall comply with the provisions of the Data Protection Act (1998) and take all reasonable measures to keep your personal information confidential and secure.
• Culture Hayvn will disclose your personal information to third parties only to the extent necessary to process your payment, to enforce and fulfill the purchase agreement, to comply with legal and administrative obligations, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the use of the website.
• Culture Hayvn will not disclose your personal information to any third parties for marketing and advertising purposes without your explicit consent.
• Your continued use of our website will be regarded as an outright acceptance of our practices with regard to privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.

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1. INTELLECTUAL PROPERTY AND OWNERSHIP
   •  Content. The Services, including all features and materials, such as the text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of the website (collectively, “Content”), are owned, controlled or licensed by the Company, and are protected by Nigerian and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. You may only access the Content only as permitted under these Terms and the Privacy Policy.
   • CULTURE HAYVN Marks. The trademarks, service marks, icons, custom graphics, word marks and logos contained on the Site and Apps (“Marks”), are owned by the Company or licensed to Company to use such marks or to sell products bearing such Marks. No right, title, or interest in or to any of the Marks is transferred to you and all rights not expressly granted are reserved. The Marks may not be used in connection with any product or service that is not offered by the Company in any manner that is likely to cause confusion among customers. The Marks, whether on any product offered for sale on the website, or appearing as a logo or text on any portion of the website, are not a representation that Company is the owner of any copyright or other intellectual property rights in the products offered for sale on the website. Company sources some of its products from third- party manufacturers and wholesalers. You are prohibited from any act that infringes on the intellectual property rights of CULTURE HAYVN in the following, but not limited forms; duplication, reproduction, counterfeiting, knock-offs, and sale of such.
2. CUSTOMER CARE – (email, text messages, call)
   info@culturehayvn.com

+234 913 700 0341

1. RIGHTS TO AMEND WEBSITE 

We reserve the right to change, modify, add or remove sections of these Terms, at any time, in our sole discretion. You are responsible for checking these Terms for any changes whenever you use the website. By continuing to use or access any of the website or otherwise engaging with CULTURE HAYVN after the posting of changes, you accept and agree to any such changes.

1. USER GENERATED CONTENTS 

We may feature your content on our website or social media channels. Therefore, you agree to the following; 

• CULTURE HAYVN can edit, crop, adapt, enhance or modify the content in a commercial and marketable manner;
• You have the permission of everyone in the Content;
• You have the right to grant CULTURE HAYVN the above rights;
• You are at least 16 years old.

Notwithstanding the foregoing, you acknowledge and agree that CULTURE HAYVN has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, CULTURE HAYVN reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.  You agree that you shall immediately notify CULTURE HAYVN in writing of any objectionable content appearing on the Website. CULTURE HAYVN will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever. 

You understand that other users of these social media platforms can also share and make use of the Content once posted.  In particular, a user of these platforms can take a screenshot of and save an image of the Content to their device, share the Content on social media platforms or websites which feature the Content (and sharing capabilities). If you do not want to grant the permissions set out above then please do not give us consent to use the Content.

1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CULTURE HAYVN, its affiliates, officers, directors, employees, agents, licensors and suppliers  (the “CULTURE HAYVN Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the website, your conduct in connection with the website or with other website users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the CULTURE HAYVN Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the website.

1. LIMITATION OF LIABILITY 

• You are responsible for evaluating the information and content obtained through the website. By using the website, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the website.
• To the maximum extent permitted by applicable law, you also undertake not to hold us, our licensors, service providers, agents, officers, or directors, liable, in any way, for any possible damages including without limitation direct or indirect damages of any kind, losses or expenses arising or resulting from the use of this website, the services, its contents or related to it, or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
• It is understood that nothing in these terms of use shall exclude or limit (i) our liability in case of death or personal injury; (ii) our liability in case of fraud, fraudulent misrepresentation or gross negligence; and/or (iii) any other liability that cannot be excluded or limited by applicable law.

1. AVAILABILITY OF PRODUCTS

All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we will reimburse any amount that you may have paid. 

1. REFUSAL TO PROCESS AN ORDER 

We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.

1. INABILITY TO DELIVER 

If it is impossible for us to deliver your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is located and what to do to have it delivered again. If you will not be at the place of delivery at the agreed time, we ask you to contact us to organize delivery on another day. 

If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, including delivery charges (except for any additional charges resulting from your choice of any delivery method other than the ordinary delivery method that we offer) without any undue delay, and at any rate, within 14 days of the date on which this Contract has been terminated. 

Please keep in mind that transport derived from the termination of the Contract may have an additional cost which we will be entitled to pass on to you.

1. BUY AS GUEST

The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a nonregistered user.

1. WRITTEN COMMUNICATION 

The applicable regulations require that some of the information or notifications that we send to you be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you by email or we will provide you information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your statutory rights.

1. NOTIFICATIONS 

The notifications that you send us must be sent through the email address available on our website. Pursuant to the provisions in preceding clause above and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order. It is understood that notifications will be received and acted upon as soon as they are posted on our website, 24 hours after they have been sent by email. As proof that the notification has been sent it shall be sufficient to prove, in the case of an email, that the notification was sent to the email address specified by the recipient.

1. GOVERNING LAW

These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any noncontractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.

1. CONTACT US – CULTURE HAYVN

At CULTURE HAYVN, customer satisfaction is of high importance to us and we are dedicated to making your online shopping experience with us a pleasurable one. For additional information or questions, please contact our Customer Care.
info@culturehayvn.com
+234 913 700 0341
https://thelemonwave.com/culture-hayvn

1. LINKS FROM OUR WEBSITE

 If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from the usage of the website.

 

Last updated December 13. 2022