Terms & Conditions

Terms & Conditions

Introduction

Welcome to this website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with privacy policy govern Vitafoam Nigeria Plc’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term 'Vitafoam Nig. Plc' or 'us' or 'we'’ refers to the owner of the website. The term 'you' refers to the user or viewer of this website.

Use of the Site

To be eligible to use this site, you are either at least 18 years of age and of sound mind or are accessing the site under the supervision of a parent or legal guardian who is of sound mind.

We grant you a non-transferable and revocable license to use the Site, under the terms and conditions described, for the purpose of shopping for personal items sold on the site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these terms and conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account.

The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Eligibility to order goods

You may only purchase from Vitafoam Shop Online if you are aged 18 years and above, and are a resident of Nigeria. You will need an active email address and a telephone number at which you can be easily contacted. Although we sell children's products, these are intended for purchase by adults only.

User Submissions

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 provided such gestures, reviews comments and suggestions are not immoral, misleading, inciting, libelous or against public policy.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.You shall not use a false e-mail address, pretend to be someone other than yourself 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.

Availability

We have the right at any time to modify or stop providing Vitafoam Shop Online and to stop selling any or all goods through it, either temporarily or permanently and with or without notice. We shall not be liable to you for any modification, suspension or discontinuance of availability of Vitafoam Shop Online.

Security

It is your responsibility to ensure that your login details, password and all other details in relation to your account remain confidential at all times. You agree to let us know as soon as possible if you know or reasonably suspect that the security of your account is at risk.

Order acceptance and pricing

We accept the following credit cards: Visa, Verve and MasterCard.

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 verifications or information, including but not limited to phone number and address, before we accept the order.

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. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

If you decide to cancel your order after we have informed you of a pricing error and you have already paid for the goods, we will give you a full refund as soon as reasonably possible (and in any event within thirty (30) days of cancellation).

Pricing

Unless otherwise stated, all prices shown at Vitafoam Shop Online are inclusive of VAT and other applicable taxes. The prices shown do not include the delivery fee. We currently offer free delivery within Lagos metropolis for orders above 50,000 Naira. Except where otherwise set out in these general terms and conditions, the price payable by you for the goods is the price given by Vitafoam Shop Online at the time you place your order.

Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Site, 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. 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.

Applicable Law and Jurisdiction

These Terms and Conditions 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.

Alternative Dispute Resolution Panel (ADR Panel)

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding ADR panel held in Nigeria in English and governed by Nigeria law, as amended, replaced or re-enacted from time to time.

The ADR panel shall be constituted by person(s) 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.

Termination

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.

Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site 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 in whole or in part.

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 shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Vitafoam Nigeria Plc in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

General

The information on our site is subject to change without notice, including but not limited to the rules that control the use of the site, By using the site after such changes, you are agreeing to follow and be bound by the terms as changed.

Returns & Exchanges Policy (Mattresses)

Your sleep is important. We sincerely want you to sleep better with Vitafoam Nig. Plc mattresses and would like you to be confident about your purchase.

‘Change-of-Mind’ Returns

We know that even after making a careful selection, sometimes you may need a different level of comfort. If you wish to exchange your mattress, we will make an exchange for you. However, no monetary refund will be issued.
Exchange process ONLY begins after our Quality Inspection team or Delegate has completed the evaluation of your returned item.
Exchange request will be processed within seven (7) business days after receipt of item.

To be eligible to make a return/exchange, the following conditions must be met:

  • The mattress is returned by you NOT LATER THAN five (5) working days from delivery date.
  • The return/exchange request is the one-time option for the mattress ordered.
  • The return notification is made via the same route of purchase.

In the event where the purchase point operator could not be reached, contact a customer service representative at 0800-VITAFOAM [0700-84823626], 08174589640, and 08129982143 and notify them of your intended return within the stipulated time.

The returned item is accompanied with:

  • The fully completed Customer Complaints Form (CCF).
  • The original receipt or any other acceptable proof of purchase.
  • If you cannot present your receipt or other acceptable proof of purchase, Vitafoam Nig. Plc reserves the right not to offer an exchange.
  • The returned item is in its sellable condition including that:
  • It is in its original packaging;
  • It is unopened, unused and in its original condition;
  • Any sew-in labels are still attached.
  • The requested exchange covers same product size.
  • The item is not a custom-size mattress; a discounted product or product on sales.

Custom-size (special-size) mattresses are NOT ELIGIBLE for exchange due to manufacturing variance in sizes. (Products that were made to order, assembled, modified or specially produced by Vitafoam Nig. Plc or any of her subsidiaries cannot be returned.)

Discounted product and products on sales are NOT ELIGIBLE for return. The following terms apply:

  • An increase in price requires payment for the current price difference of the product at the time of exchange.
  • 5% of the value of the new products will be charged as cost of re-delivery, as free delivery is not applicable on return items (please note that our free delivery policy only covers sales above 50,000 Naira within Lagos metropolis).
  • A difference in price for exchange with a lower-priced model at the time of exchange is non-refundable but can be used to purchase other items.
  • Returns are accepted at Vitafoam’s discretion for reasons other than damage and if eligible for return upon investigation/examination.
  • Any further questions, please contact a customer service representative at 0800-VITAFOAM [0700-84823626], 08174589640, and 08129982143. Your satisfaction is always important to us!

‘Wrong Order/Wrong Delivery’ Returns

We ensure to double check that every item you order is the right product delivered to the right address. Anytime you place an order, please, ensure to confirm your order or otherwise, when the order confirmation process is initiated.

The following terms and conditions apply for returns based on wrong order/wrong delivery:

  • You cannot cancel your orders once they are placed and order confirmation process has been FORMALLY initiated and completed.
  • After receipt of the mattress, you may initiate the ‘Change-of-Mind’ Return as meeting the terms and conditions.
  • In the case of deliveries made due to established customer order processing error, the sales outlet concerned will arrange for pick-up and replacement of the item.
  • 5% of the value of the products will be charged as cost of re-delivery, if product ordered is delivered to the wrong address due to customer error.
  • If the item was delivered to the wrong address due to order processing error, the item will be re-delivered to you at no extra charge.

‘Mattress-Manufacturing-Defects’ Return

Vitafoam Nig. Plc branded mattresses come with stated warranty against manufacturing defects that may compromise the sleep quality provided by the mattress.

This warranty covers manufacturing defects ONLY and does not cover customer changing comfort preferences. This warranty extends only to the original purchaser with proof of purchase to validate this warranty.

Repair or Replacement will only be authorized after inspection by the Quality Assurance Team or Delegate and found to be defective as per the manufacturer’s warranty.

Replacement or Repair is a onetime only option.

The following terms and conditions apply:

  • If your product fails due to manufacturing defects WITHIN AND NOT LATER THAN 365 days after date of purchase, and you wish to make a warranty claim, contact the point of purchase. Vitafoam Nig. Plc reserves the sole right to choose to repair or replace it.
  • If the item is eligible for return, return it to the point of purchase accompanied with the original receipt of purchase.
  • The start date of the warranty begins on the date of purchase and an original sales receipt is required to establish it. If you cannot present your original receipt, Vitafoam Nig. Plc reserves the right not to offer a repair or a replacement.
  • Obtain and fully complete the Customer Complaints Form (CCF) at the point and purchase.

No returns will be processed without the duly completed Customer Complaints Form. If identical materials are not available at the time of product service, Vitafoam Nig. Plc reserves the right to substitute materials of equal quality.
The policy applies ONLY to the products that have been properly used. ‘Proper use’ means: Using the mattress on a firm, rigid and smooth surface that properly supports the entire mattress including the centre (with a centre leg resting firmly on the floor) to adequately distribute weight on the mattress.

The Warranty covers ONLY the following Mattress defects:

  • Sagging of the mattress core greater than 1inch (non-quilted ticking) and greater than 1.5inch (quilted ticking) with proper support; this does not include body impressions.
  • Spring coil failure (extends or depresses more than 1.5 inch of original height or wire that is loose or broken and protruding through the mattress cover)
  • Dismembered spring mattress foam encasement.
  • Stains of ANY KIND will annul this warranty. This include, but not limited to; grease, dirt or mud, beverage or food spills, stains caused by chemicals or cleaners or body fluids from pets or humans.
  • Damages caused by water or other liquids will invalidate this warranty.