Terms & Conditions
1. General terms and conditions
Welcome to the Madewear website located at https://www.madewear.ng/ (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and/or use of the Website, which may include the purchase of goods.
Madewear is owned and operated by Madewear Limited, a company is registered with Corporate Affairs Commission, Nigeria. Registered No. RC1195894. Where the present Terms refers to “Madewear” or “Madewear NGR”, it may refer to Madewear or Madewear Limited or both, depending on the context.
The following terms and conditions (henceforth: the “Terms and Conditions”) are valid between you and Madewear Limited (henceforth: Madewear Limited; may be referred to as “us” “we” or “our”) and apply to all use of and orders placed on Madewear’s website madewear.ng, and orders made by telephone, e-mail or by live chat with Madewear’s Customer Service team (henceforth together: the “Website”).
Please note that Madewear does not guarantee that all products presented on the Website are in stock or are available for purchase, nor does it guarantee that any custom-made or personalised products will be completed within the estimated dispatch window. Madewear reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. Madewear NGR reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you place your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.
2. Eligibility to purchase on madewear.ng
To place an order on this Website you must:
a) be the holder of a valid debit/credit card.
b) confirm that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
If your personal information changes then you must notify us immediately by contacting Customer Care on the following email email@example.com.
You agree not to impersonate any other person or entity or to use a false name that you are not authorised to use.
3. Eligibility to purchase on the www.madewear.com.ng subdomain
To place an order on this Website you must:
If your personal information changes then you must notify us immediately by contacting Customer Care on the following email firstname.lastname@example.org.
You agree not to impersonate any other person or entity or to use a false name that you are not authorised to use.
Where products are exclusively for members, associates or friends of a specific institution your order may be subject to verification in accordance with that institutions’ policy. Annotated reserves the right to cancel an order where such a status cannot be verified.
4. My account
When creating an account online, you will be able to choose a password with which you can log in to your account online and view your order history and track your order. If you would like to delete an account you must let us know via email@example.com and the customer care team will assist you. If you sign up, you can also choose to store a credit card for a future purchase. All information regarding your stored credit cards can be changed and deleted when logging in to your account. Your details will be protected using encryption and will speed up your checkout the next time you shop.
5. Making a purchase
6. Order confirmation
After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
7. Acceptance and shipping confirmation (in stock and pre-order items)
Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order, unless you order includes custom made or personalised pieces as set out in section 7 below, in which case the acceptance of our order will take place when you receive an email from us notifying you that we have begun production or personalisation of the piece. Please note that Madewear does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase.
8. Acceptance and in production confirmation (bespoke and custom-made items)
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation policy set out in section 15 below, our acceptance of your order will take place when you receive an email from us notifying that the item(s) is in production. The completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the item(s) ordered by you.
Our acceptance of your order will be deemed complete and received by you at the time and date of the sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control you have not received that email.
9. Production time for bespoke and custom-made item(s)
Estimated dispatch times are indicated on the product page, shopping cart and in the order confirmation email. This is not a guarantee of production time. Madewear’s goal is to complete production on all custom-made items as soon as possible and as often as possible within the estimated dispatch window. We reserve the right for production to take longer than indicated at the time the order is placed. We may, for example, be unable to meet the initial estimated dispatch window during busy periods of the year, because initial production does not satisfy our quality control standards, due to delays in acquiring suitable raw materials, or, for any other reason at our sole discretion. If we are unable to fulfil your custom-made order within the estimated dispatch time, we will contact you by email or telephone advising you of this and of a new estimated dispatch window.
Please order from madewear.ng with enough lead-time to prevent any loss or disappointment resulting from the production time and delivery time as Annotated cannot be responsible for this.
Madewear’s aims to describe the products at the Website as correctly as possible. However, please note that due to the colour settings of your computer, the colours of the products shown in the pictures on the Website can differ somewhat from their actual colours. Madewear cannot be held responsible for any such discrepancy.
The prices and delivery costs shown on the Website may vary from time to time and Madewear is not bound by the price until Madewear has accepted the order by sending the shipping confirmation to you or, in the case of a custom-made item, confirmation that production has begun. The prices may also vary between the physical showroom or pop-up and the Website. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price or cancel the old order. If we are unable to contact you, your order will be cancelled. Madewear always reserves the right to cancel any order prior to our acceptance of the order. If we already have received payment for a cancelled order, we will refund you the amount of the purchase. Please also note the Madewear may cancel the order even if it has been accepted by Madewear under the condition that you realize or should have realized that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.
Currency: Your card will be charged in the currency you choose: NGN N, GBP £, EUR € or USD $. Please note, the purchase currencies you choose from may be restricted by your shipping destination. You may change the shipment country and the currency displayed at any time. Prices for shipment to Nigeria will be shown in NGN N. Where shipment is outside Nigeria to the rest of Africa, Europe, Australia or to the Americas – North and South including Canada and the Caribbean – prices are shown in USD $ or GBP £.
The price displayed to you at checkout is the price you pay. This will not vary later whatever currency fluctuations occur. Refunds will also be set at the price you paid not the price in the currency concerned at the date of refund.
VAT: If you are in Nigeria and choose to have the goods shipped to Nigeria prices will be shown inclusive of VAT (where applicable) at the current rate. All other countries are shown a price excluding VAT as no VAT will be due on these orders.
DDP: Please note that to assist customers, orders shipped to mainland United States are now shipped on a Delivery Duty Paid (DDP) basis. This means that all relevant import taxes and duties will be included in the product price displayed on the website (where the individual product or total order value is over the relevant country duty threshold). Madewear will account to the relevant authorities for all duty payable.
Please note, Madewear does not collect or use US sales tax at this time. Your purchase may be subject to local use tax unless it is exempt from taxation. It is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by Madewear and pay use tax on those purchases unless exempt under local State law.
The following payment methods are accepted:
Credit cards and debit cards
Payment can be made by the following credit cards: Visa and Mastercard. Payment can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your card is valid for online purchases). The purchases made with Visa and Mastercard are verified by a secure code. Please note that your card is debited with the purchase amount once Madewear has sent you the order confirmation email. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Paystack, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account upon acceptance of your order by Madewear. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Madewear, your order will be cancelled. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.
When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.
13. Gift Cards
Madewear Gift Cards are sold subject to the following terms and conditions:
We deliver to over 170 countries, if we do not deliver to your country you will be prevented from selecting that country at the point of ordering.
We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Please note that delivery times are provided as guidelines only, and commence from the date of dispatch. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. Our delivery charges are dependent on your shipping destination. Please refer to our delivery section to view timing and costs. Estimated delivery times are to be used as a guide only. Madewear cannot take responsibility for delays owing to customs clearance or payment issues. All purchases are insured by us while in transit until it is delivered to you. If you wish to track your parcel, please refer to the email you were sent containing your tracking number or alternatively email us at firstname.lastname@example.org and we will track your shipment for you.
If your order will not be delivered within the time-frame specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible.
All new orders are deemed separate and each is treated individually.
First-time order policy
For security purposes, Madewear reserves the right to ship first-time orders to the cardholder’s verified billing address or work address. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order.
15. Right of to change your mind
15.1 Exercising your right to change your mind
You are entitled to withdraw your purchase or exchange your product by submitting or sending notice thereof to Madewear within 14 days of the date on which you have received the product. The notice may be sent in different ways. Preferably, you can use the model cancellation form found below and return it to Madewear Limited P.M.B 40019, Ikoyi, Lagos, Nigeria or email: email@example.com and return item to P.M.B 40019, Ikoyi, Lagos, Nigeria. If you send us an e-mail, we will send you a confirmation upon receiving your notice. Please always refer to your order number in your communication with us. You may wish to keep a copy of your cancellation notification for your own records.
15.2 When you don’t have the right to change your mind
You do not have a right to change your mind in respect of bespoke, customised, personalised or custom-made products. This includes all commissions and products marked custom made on Madewear.ng or indicated as such by our staff at a showroom, pop-up or during consultation. For the sake of clarity, an example of a bespoke, customised or personalised product would be if you asked us to make unique changes to a product or to tailor, amend or engrave (such as adding a name or image) then the product becomes a bespoke, customised or personalised product and you no longer have the right to return it as described above in this section 15.
15.3 Model Cancellation Form
(Complete and return this form only if you wish to cancel your order.)
Nigeria. email: firstname.lastname@example.org
[*] Delete as appropriate
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*]:
Customer’s Signature(s) (only if this form is sent by post):
15.4 Refund relating to the right of withdrawal
If you choose to exercise your right to change your mind and withdraw your purchase in accordance with the terms set forth in this section 15, Madewear will issue a refund of the amount paid to Madewear including the shipping cost you have paid for the delivery from Madewear to you. However, if DHL Express shipping or Same-Day Delivery or other specialist courier service has been used, Madewear will not issue a refund of the original shipping fee. Madewear will pay the refund within 14 days of the date on which we have received your notice of withdrawal, under the condition that Madewear has received the product/s from you or if Madewear has obtained proof that the products have been sent back to Madewear. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method. You will not be charged extra if another payment method is used. Please note that Madewear only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, Madewear then has the right to withhold such amount of the refund. To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them, with tag and seal still attached. All jewellery must not be used at all until you have decided to keep them. Items that come in a special box must be returned in their undamaged original box which is considered to be a part of the product.
We are unable to offer exchanges at this time, however we do accept returns. We ask that you return the original item(s) for a refund and proceed to place a new order for the appropriate item. Please refer to our Returns policy for further information.
Returns Using Our Service:
As an alternative to exercising your right to withdraw from the purchase, you may prefer to return items using our returns service. To return a purchase, your items must meet the following conditions:
Undergarments, swimwear, pierced earrings, beauty items, works of art, select home goods, and any other items designated “final sale” or purchased at or above 20 percent off (on sale or on promotion) are not eligible for return. Additionally, we cannot accept returns of monogrammed, personalised, or special-order items, or of items damaged through normal wear and tear.
Please note that custom-made jewellery and craftwork are not eligible for a return. (Such pieces can, however, be cancelled within 3 days of the initial order being placed. See our Return Policy Page.)
Madewear reserves the right to reject returns which do not comply with our return policy. Returns that do not respect our policy may be sent back to the original shipping address at our discretion.
How to Initiate a Return:
Contact us via email at email@example.com or call us on +234 906 110 0080. Once you have been advised to return the item, place the item(s) in the original shipping box, or any other solid carton box. Close the box and tape it securely.
Send via a secured courier service:
Once your item has been shipped, provide Madewear with the tracking number via phone or email. For orders shipping within Lagos Nigeria and the United Kingdom, return shipping is free for all eligible items* purchased at full price if returned within 7 days or purchase using the DHL label provided (All other locations are excluded).
The above return policy applies to international orders, with the following adjustments:
It is important to ship international packages using standard shipping and your country’s local shipping carrier. For added safety, please insure all packages with a tracking number.
16. Defective products
Except for any specific warranties we offer in relation to any particular Item(s), or consumer guarantees under law, we do not offer any warranty or guarantee on our Item(s). We ask that you inspect the Item(s) when you receive them for defects or damage. If you find a defect or damage contact our Customer Care Team as soon as possible with your Order reference number to hand. If the Item(s) are found to be damaged prior to delivery to you, or defective (through no fault of your own wearing or use), we will repair or replace the Item(s) or refund the price paid by you, including any delivery charges you paid, provided that you have not worn or used and damaged the Item(s). We will either refund the cost of the return of the Item(s) to us by you or send you a prepaid parcel which you can use to return the Item(s).
17. Madewear’s quality guarantee on certain custom-made jewellery
Without limiting your statutory rights, certain specific Item(s) are covered by a two-year warranty from the date of purchase (under normal conditions of wear and tear). These products are limited to those purchased through madewear.ng subdomain or products originally assigned to madewear.ng but checkout using the shared cart on madewear.ng. Item(s) covered (exclusively jewellery pieces) by this warranty will be clearly identified in the product description on the relevant product pages of the website. If the product description does not include a description of the warranty the Item(s) are not covered by a two-year warranty. For those products covered, Madewear will repair any issue free of charge on receipt of valid proof of purchase. However, we are not able to cover any shipping costs.
18. Intellectual Property Rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in section 19 below), including Madewear Software and all HTML and other code contained in this Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website are protected by national intellectual property and other laws and international treaty provisions.
The trade marks, logos, and service marks displayed on the Website (collectively, the ‘Trade Marks’) are the registered and unregistered marks of Madewear, our affiliates, our licensors or our partners, in Nigeria and other countries, and are protected by Nigeria and international trade mark laws. All or any other specified or unspecified trademarks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You are permitted to use the Content only as expressly authorized by Madewear and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. Madewear tries to ensure that the information on this site is accurate and complete. Madewear does not promise that Madewear’s Content is accurate or error-free. Madewear does not promise that the functional aspects of the Website or Madewear’s Content will be error free or that this Site, Madewear Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Madewear cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Madewear cannot guarantee problem-free, uninterrupted, and secure access to the site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Madewear and we accept no responsibility for any such views expressed in any media.
Madewear use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. Madewear’s online shop secures communications by encrypting all data to and from the site. When placing an order, you can immediately check the security validity by clicking the Thawte icon at checkout. For security reasons, we do not store any payment information in our database.
23. Resale policy
You may purchase products on www.madewear.ng for personal use only and not for resale. By placing an order on www.madewear.ng, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.
25. Violation of rules
Madewear reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.
26. Madewear’s responsibility
You have certain rights under the law, including that any Items you order through this Website will be of satisfactory quality, fit for their intended purpose, and will conform to your order and any description given on this Website.
If we fail to comply with these Terms, we might be responsible for loss or damage you suffer, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
We only supply the Items, use of the Website and any other services for domestic and private use. You agree not to use the Items, Website or any other services provided by us for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Further, you agree that we are not responsible or liable under any circumstances for any computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third-party websites.
In no event shall our maximum aggregate liability exceed the greater of one hundred pounds (N50,000.00) or the sum you have paid us for the Item in relation to which you have a claim. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by the laws of that country. Nothing in any warranty given in this clause affects your statutory rights.
Applicable Law and Jurisdiction
These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Nigeria and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions of Use will be referred to and finally settled by private and confidential 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 who has experience in the information technology field in Nigeria and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by madewear.ng shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.
No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.
We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
If you have any questions regarding these Terms, please contact us by email at firstname.lastname@example.org.
29. Governing law
These Terms are governed by and construed in accordance with Nigerian law and English law and subject to the jurisdiction of the English and Nigerian Courts.
30. Company information
Telephone: +234 (0)906 110 0080
E-mail address: email@example.com
31. Version of the terms and conditions
If there is any conflict, ambiguity, or discrepancy between the English version and a version in another language, the English version shall always prevail. The latest update of the Terms and Conditions of Madewear was made in January, 2020.
Our website terms and conditions are written here, and by using our website and service you are agreeing to be bound by these terms. We recommend you read through them carefully before placing any order with our company or using any part of our website.