Website Terms & Conditions

Welcome to NELLYPOSH, operated by Nellyposh Fashions & Accessories. These Terms & Conditions govern your use of the NELLYPOSH website, purchase of our products, and all online retail and wholesale transactions. By accessing our website, creating an account, placing an order or purchasing our products, you agree to be bound by these Terms & Conditions. If you do not agree with these Terms & Conditions, please do not use our website or place an order.

1. About NELLYPOSH

NELLYPOSH is a men's underwear brand distributed by Obiuto Fashions in Nigeria. Our products include men's cotton boxers and related men's apparel products offered for retail and wholesale purchase.

Business Address: 174, Market Road, Aba, Abia State, Nigeria
Phone/WhatsApp: 09154431178
Email: info@nellyposh.com

2. Definitions

For purposes of these Terms:

"NELLYPOSH", "we", "us" or "our" means NELLYPOSH and/or Nellyposh Fashions & Accessories.

"Customer", "you" or "your" means any person or business purchasing products from us.

"Website" means the NELLYPOSH website and any associated online ordering platform operated by us.

"Products" means NELLYPOSH men's cotton boxers and other products displayed for sale on our website.

"Retail Customer" means a customer purchasing products for personal use or in small quantities.

"Wholesale Customer" means a business, retailer, distributor or other customer purchasing products in quantities qualifying for our wholesale pricing.

3. Acceptance of Terms

By using this website, you confirm that:

• You are legally capable of entering into a binding transaction;
• The information you provide is accurate and complete;
• You will use the website lawfully;
• You will not use the website for fraudulent or unlawful activities; and
• You agree to comply with these Terms & Conditions.

We reserve the right to refuse or cancel an order where there is reasonable evidence of fraud, abuse, pricing error or other unlawful activity.

4. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, colours, sizes, prices and other information displayed on our website are accurate. However:

• Actual colours may vary slightly depending on your device or screen;
• Product patterns and prints may vary where the product is supplied in assorted designs;
• Packaging may occasionally change;
• Measurements may have reasonable manufacturing tolerances; and
• Product availability may change without prior notice.

We will not intentionally provide false or misleading information about our products. Where a product is sold by description or sample, the product supplied will be handled in accordance with applicable consumer-protection requirements. Nigerian consumer law provides protections where goods do not correspond with their description or agreed characteristics.

5. Product Sizes

NELLYPOSH men's cotton boxers are available in selected sizes, which may include M, L, XL, XXL. Customers should review the size guide before placing an order. Where a customer selects the wrong size, an exchange may only be available subject to the conditions contained in our Returns & Exchange Policy.

6. Prices

All product prices displayed on the website will be stated in Nigerian Naira (₦) unless otherwise indicated. Prices may change from time to time. A price change will not affect an order that has already been accepted and paid for, except where there has been an obvious pricing or system error, the transaction is fraudulent, or the customer and NELLYPOSH agree otherwise.

Any applicable delivery charges, transaction charges or other additional costs will be disclosed before the customer completes the order where reasonably practicable.

7. Payment

We may accept payment through available payment methods displayed on the website, which may include bank transfer, debit/credit card, payment gateway, USSD or other approved electronic payment methods.

An order is not considered fully paid until payment has been successfully confirmed. Customers should not send payment to any personal account or payment channel not officially provided by NELLYPOSH. We are not responsible for payments made to fraudulent third parties or unauthorized accounts.

8. Order Confirmation

After placing an order, you may receive an order confirmation by email, WhatsApp, SMS or another available communication channel. An order confirmation acknowledges receipt of your order. It does not necessarily constitute acceptance if the order is subsequently found to contain an incorrect price, incorrect product information, product availability problems, payment problems, fraud indicators, or other material errors.

Where we cancel an order after payment has been received, we will arrange an appropriate refund in accordance with applicable law and our Refund Policy.

9. Order Cancellation

Customers may request cancellation of an order before the order has been dispatched. Cancellation requests should be made as soon as possible through our official WhatsApp number, phone number or email. Once an order has been dispatched, cancellation may no longer be possible and the customer may need to follow the applicable return procedure.

Where an order is cancelled and a refund is due, the refund will be processed using the original payment method where practicable.

10. Delivery

We deliver products to customers within Nigeria through available courier, logistics and delivery partners. Delivery times depend on destination, delivery method, product availability, courier operations, public holidays, weather, security conditions, and other circumstances outside our reasonable control.

Estimated delivery periods are estimates and are not guaranteed delivery dates unless expressly stated otherwise. See our full Delivery Timeline for details. The customer is responsible for providing a correct delivery address and active telephone number.

11. Delivery Address

Customers should carefully verify their full name, telephone number, WhatsApp number where applicable, state, city/town, street/address, and other delivery instructions.

NELLYPOSH will not be responsible for delays or additional delivery charges resulting from an incorrect or incomplete address supplied by the customer. Where a delivery attempt fails because the customer is unavailable or provides incorrect information, additional delivery charges may apply.

12. Inspection on Delivery

Customers should inspect the package as soon as reasonably possible after delivery. If the customer receives the wrong product, a visibly damaged product, missing items, or a product that materially differs from the order, the customer should contact NELLYPOSH promptly and provide photographs or videos where appropriate. This does not remove any consumer rights available under applicable Nigerian law.

13. Returns

Because boxers are underwear and hygiene-sensitive products, our return procedures are designed to protect both customers and the integrity of our products. An unopened, unused product may be considered for return or exchange subject to this policy.

Opened, worn or washed underwear will generally not be accepted for return merely because the customer has changed their mind or does not like the fit. However, hygiene restrictions do not prevent legitimate complaints concerning defective, damaged, wrongly supplied or materially misdescribed products.

14. Defective or Incorrect Products

If a product is defective, damaged, incorrect or materially different from what was ordered, the customer should contact us promptly. Depending on the circumstances, we may provide replacement, exchange, repair where appropriate, or refund. We will assess each case fairly and in accordance with applicable consumer-protection requirements.

The FCCPA recognizes circumstances in which consumers may return goods and receive a refund, including specified situations involving defective, unsuitable or non-conforming goods.

15. Exchanges

An exchange may be available where the wrong size was supplied by NELLYPOSH, the wrong product was supplied, the product is defective, or an unopened and unused product qualifies for exchange under our policy.

For hygiene reasons, underwear that has been opened, worn or washed will generally not qualify for a change-of-mind size exchange. Exchanges are subject to product availability. Where the requested replacement is unavailable, we may offer another appropriate remedy, including a refund where applicable.

16. Refunds

Where a refund is approved, we will normally refund the applicable amount using the original payment method where practicable. Refunds may take 5–10 business days after approval, depending on the payment provider or bank.

Where a refund is required because NELLYPOSH supplied a defective, incorrect or materially non-conforming product, the applicable refund will be handled in accordance with applicable law. We will not use this policy to exclude any consumer right that cannot legally be excluded. See our full Refund Policy for details.

17. Change-of-Mind Returns

Where a customer simply changes their mind, selects the wrong size or no longer wants the product, NELLYPOSH may, at its discretion, accept a return or exchange where the product is completely unused, remains in its original hygienic packaging, has not been worn or washed, the original packaging and tags remain intact, and the request is made within the applicable return period.

Any applicable return or delivery costs may be borne by the customer where the return is not due to an error or defect attributable to NELLYPOSH.

18. Wholesale Orders

NELLYPOSH welcomes wholesale orders from clothing retailers, underwear retailers, fashion stores, market traders, distributors, online sellers, supermarkets, boutiques, and other legitimate businesses.

Wholesale prices, minimum order quantities, payment arrangements and delivery terms may differ from retail orders. Wholesale customers should contact our sales team for our current wholesale price list, minimum order quantity, available sizes, available designs, packaging options, delivery arrangements, and payment terms.

19. Wholesale Payment Terms

Unless otherwise agreed in writing, wholesale orders must be paid for before dispatch. NELLYPOSH may approve special payment arrangements for selected wholesale customers. Any credit, deferred payment or other special payment arrangement must be expressly agreed in writing by an authorized representative of NELLYPOSH. A verbal promise or informal conversation does not create a credit facility unless confirmed by NELLYPOSH in writing.

20. Wholesale Pricing

Wholesale prices may depend on quantity ordered, product type, size mix, packaging, delivery location, promotional arrangements, and other commercial considerations. Wholesale prices are confidential commercial information and should not be represented as recommended retail prices unless expressly stated by NELLYPOSH.

21. Wholesale Orders & Returns

Wholesale customers are expected to inspect their shipment promptly after delivery. Any shortage, wrong item, visible damage or material discrepancy should be reported as soon as reasonably practicable. Where the issue resulted from NELLYPOSH's error, we will investigate and provide an appropriate remedy. Returns of correctly supplied, unused wholesale stock may be considered only where agreed in writing.

22. Promotions & Discounts

NELLYPOSH may occasionally offer discounts, promotional prices, bundle offers, free delivery promotions, wholesale promotions, or other special offers. Promotional terms will be communicated with the relevant offer. We reserve the right to withdraw or modify a promotion where permitted by law. Promotional information will not intentionally be presented in a misleading manner.

23. Fraud & Suspicious Orders

We reserve the right to investigate and cancel orders where we reasonably suspect payment fraud, identity fraud, stolen payment information, multiple fraudulent orders, abuse of promotional offers, false delivery information, or other unlawful activity. Where payment has already been received for a cancelled fraudulent or invalid transaction, any refund will be handled subject to verification and applicable law.

24. Intellectual Property

All content appearing on the NELLYPOSH website, including brand names, logos, product photographs, product descriptions, graphics, website design, text, videos, and marketing materials, belongs to or is lawfully used by NELLYPOSH/Obiuto Fashions or the relevant rights holder.

No person may reproduce, modify, distribute, sell or commercially exploit our content without prior written permission. The NELLYPOSH name and associated branding may not be used in a manner likely to cause confusion about affiliation, sponsorship or authorization.

25. User Content

Where customers submit photographs, reviews, testimonials or other content to NELLYPOSH, the customer confirms that the content is their own or they have permission to use it, it does not infringe another person's rights, it is not fraudulent or misleading, and it does not contain unlawful or offensive material.

By submitting content for publication, the customer grants NELLYPOSH permission to use it for legitimate marketing and promotional purposes, subject to applicable law. Where appropriate, customers may contact us to request removal of submitted content.

26. Privacy & Personal Data

NELLYPOSH may collect personal information necessary to process orders and provide services. This may include name, telephone number, WhatsApp number, email address, delivery address, order history, payment-related information, customer communications, and other information reasonably necessary to provide our services.

We may use this information to process orders, confirm payments, arrange delivery, communicate with customers, handle returns and refunds, provide customer support, prevent fraud, improve our website and services, and send marketing communications where permitted and appropriately consented to.

We will take reasonable steps to protect personal information from unauthorized access, loss, misuse or disclosure. The Nigeria Data Protection Act 2023 establishes Nigeria's data-protection framework, and the Nigeria Data Protection Commission is the relevant regulatory authority.

27. Marketing Communications

Customers may receive information about new products, promotions, discounts, wholesale offers, special events, and other NELLYPOSH products or services. Where required, marketing communications will be subject to appropriate consent and applicable data-protection requirements. Customers may request that we stop sending promotional communications.

28. Third-Party Service Providers

We may use trusted third-party providers for services including payment processing, website hosting, delivery and logistics, customer communications, website analytics, marketing, and technology services. Where third parties process personal information on our behalf, we will take reasonable steps to ensure appropriate privacy and security arrangements are in place.

29. Website Security

We take reasonable steps to maintain website security. However, no internet transmission or electronic storage system can be guaranteed to be completely secure. Customers should not attempt to hack the website, introduce malicious software, access unauthorized areas, interfere with website operations, or conduct fraudulent transactions.

30. Website Availability

We aim to keep the website available and functional. However, temporary interruptions may occur due to maintenance, technical problems, internet disruptions, cybersecurity incidents, power interruptions, third-party service failures, or circumstances beyond our reasonable control. We do not guarantee uninterrupted access to the website.

31. Limitation of Liability

To the extent permitted by applicable law, NELLYPOSH will not be responsible for losses arising solely from customer-provided incorrect information, incorrect delivery information, unauthorized use of a customer's account, delays caused by third-party delivery companies, internet or telecommunications failures, or events beyond our reasonable control.

Nothing in these Terms is intended to exclude liability or consumer rights that cannot legally be excluded or limited.

32. Events Beyond Our Control

NELLYPOSH will not be responsible for delays or failures caused by circumstances reasonably beyond our control, including natural disasters, flooding, fire, epidemics or pandemics, civil unrest, government restrictions, strikes, road closures, security incidents, transportation disruptions, power failures, major telecommunications failures, or other force majeure events. We will make reasonable efforts to communicate significant delays to affected customers.

33. Customer Complaints

We encourage customers to contact us directly first so that we can investigate and resolve complaints promptly. Complaints should include customer name, order number, contact details, description of the problem, date of purchase, and supporting photographs or documents where applicable.

Customer Service Contact:
NELLYPOSH / Nellyposh Fashions & Accessories
174, Market Road, Aba, Abia State, Nigeria
Phone/WhatsApp: 09154431178
Email: info@nellyposh.com

We aim to acknowledge customer complaints promptly and provide a reasonable resolution within an appropriate period. Customers retain any rights available to them under applicable Nigerian law, including the right to seek appropriate regulatory or legal redress.

34. Changes to These Terms

We may update these Terms & Conditions from time to time to reflect changes in our products or services, changes in our business operations, changes in technology, changes in applicable law, or regulatory requirements. The latest version will be published on this website with the applicable effective date.

35. Governing Law

These Terms & Conditions shall be governed by the laws of the Federal Republic of Nigeria. Nothing in these Terms prevents a consumer from exercising rights or seeking remedies available under applicable Nigerian consumer-protection laws.

36. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.

37. Entire Agreement

These Terms & Conditions, together with the applicable product descriptions, order confirmation, Returns & Refund Policy, Privacy Policy, wholesale terms, and other expressly incorporated website policies constitute the terms governing the customer's use of the website and purchase of products, subject to applicable law.

38. Contact Us

For questions concerning these Terms & Conditions, orders, wholesale purchases, returns, refunds or customer service, please contact:

NELLYPOSH
Operated by Nellyposh Fashions & Accessories
174, Market Road, Aba, Abia State, Nigeria
Phone/WhatsApp: 09154431178
Email: info@nellyposh.com
Website: www.nellyposh.com

NELLYPOSH — Quality. Comfort. Confidence.