These Terms of Service (the "Agreement") constitute a legally binding agreement between you (the "User," "Customer," or "you") and Daytona 24/7 Supermarket (the "Company," "we," "us," or "our"). By accessing and using our website (daytona247.com) and services, you agree to be bound by these terms and all applicable laws and regulations.
If you do not agree with any part of these Terms of Service, you must not use our website or services.
2. Use License
We grant you a limited, revocable, non-exclusive license to access and use our website and services for lawful personal or commercial purposes. You agree not to:
Reproduce, duplicate, copy, sell, or exploit any part of our website or services for commercial purposes without our express written permission
Use automated tools, bots, scraping tools, or any other technology to access our website without authorization
Access or tamper with non-public areas of our website
Interrupt or disrupt the normal functioning of our website or services
Attempt to gain unauthorized access to our systems, accounts, or data
Engage in any activity that could damage, disable, or overburden our website or servers
Use our website for illegal activities or in violation of applicable laws
3. User Account & Responsibilities
3.1 Account Registration
To place orders and access certain features, you may need to create an account. You agree to:
Provide accurate, current, and complete information during registration
Maintain the confidentiality of your password and account credentials
Accept full responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account
Keep your account information updated and accurate
3.2 User Conduct
You agree to use our website and services in a manner that is respectful, lawful, and non-harmful. You will not:
Post, upload, or transmit harassing, defamatory, obscene, or offensive content
Engage in harassment, bullying, or abusive behavior toward other users or staff
Attempt to defraud the Company or other users
Provide false information or misrepresent your identity
4. Intellectual Property Rights
All content on our website, including text, graphics, logos, images, product descriptions, videos, and software, is the exclusive property of Daytona 24/7 Supermarket or its content suppliers. This content is protected by international copyright, trademark, and other intellectual property laws.
You may not:
Reproduce, distribute, or transmit any content without our prior written permission
Use our trademarks, logos, or branding without authorization
Create derivative works based on our content
Reverse engineer, decompile, or disassemble any part of our website or services
5. Product Information & Availability
5.1 Product Descriptions
We strive to provide accurate descriptions of our products, including groceries, pharmaceuticals, and ice. However, we do not warrant that:
All product descriptions are completely accurate, complete, or error-free
Images accurately represent the exact product you will receive
Product availability is guaranteed at the time of your order
5.2 Availability
Products are subject to availability. If a product becomes unavailable after you place an order, we will notify you and either:
Offer a suitable substitute product of equal or greater value, or
Process a full refund for that item
5.3 Pricing
We reserve the right to change product prices at any time. Prices displayed on our website are valid only at the time of purchase. We will not be liable if prices change after you have placed an order.
6. Order Placement & Acceptance
6.1 Order Process
When you place an order through our website or WhatsApp, you are making an offer to purchase products at the stated price. Your order is subject to our acceptance.
We reserve the right to:
Accept or refuse any order for any reason, including but not limited to: invalid delivery address, incomplete payment, or suspected fraudulent activity
Limit order quantities
Cancel orders that violate these Terms of Service
6.2 Order Confirmation
Order confirmation via email or WhatsApp does not constitute acceptance of your order. We will send you a final confirmation when your order has been processed and is ready for delivery.
7. Payment Terms
7.1 Accepted Payment Methods
We accept payments through:
Paystack: Online payment gateway for card, bank transfer, and mobile money
Cash on Delivery: Payment upon receipt of your order (where available)
7.2 Payment Processing
By providing payment information, you:
Authorize us to charge your selected payment method
Confirm that you are the authorized holder of the payment method
Acknowledge that you are responsible for all charges and fees associated with the transaction
7.3 Payment Security
We use industry-standard encryption and security measures to protect your payment information. However, you assume all risk associated with the transmission of payment data. We are not liable for unauthorized access to your payment information.
7.4 Failed Payments
If your payment fails, your order will not be processed. We may retry the payment using the information you provided. Repeated failed payments may result in the cancellation of your order.
8. Delivery & Shipping
8.1 Delivery Areas
We deliver to selected areas in Lagos and surrounding regions. Delivery availability is indicated during checkout. We are not responsible for orders placed to addresses outside our delivery service areas.
8.2 Delivery Times
Delivery timeframes provided are estimates only and not guaranteed. We will make reasonable efforts to meet estimated delivery windows, but we are not liable for delays caused by:
Traffic congestion or road conditions
Weather conditions
Third-party delivery partner delays
Factors beyond our reasonable control
8.3 Delivery Charges
Delivery charges are calculated based on location and order value. Delivery charges are non-refundable unless we fail to complete the delivery.
8.4 Receipt & Responsibility
You are responsible for:
Ensuring someone is available to receive the order at the delivery address
Verifying that all items have been received and are in good condition at the time of delivery
Reporting any missing or damaged items immediately upon delivery
After delivery, we are not responsible for loss, theft, or damage to products.
9. Returns & Refunds
9.1 Return Policy
Products may be returned under the following conditions:
Defective or Damaged Products: Must be reported within 24 hours of delivery with photographic evidence
Wrong Items: Must be reported within 24 hours of delivery
Expired Products: Pharmaceutical and perishable items will be replaced if they arrive expired or with expiration dates within 30 days
Unused, Non-Perishable Items: May be returned within 7 days of delivery in original packaging with receipt
9.2 Non-Returnable Items
The following items cannot be returned:
Perishable items (food, fruits, vegetables) unless defective or expired
Items that have been opened, used, or damaged by the customer
Items purchased as final sale (clearly marked on product page)
Custom or special-order items
9.3 Refund Process
To initiate a return:
Contact us within the specified timeframe via phone or WhatsApp
Provide photographic evidence of the issue
Obtain authorization for the return
Ship the item back to us (at customer's expense unless our error)
Refunds will be processed within 7-10 business days of receiving and inspecting the returned item.
9.4 Refund Methods
Refunds will be credited to the original payment method used for the purchase.
10. Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
We disclaim all warranties, express or implied, including but not limited to:
Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties regarding the accuracy, completeness, or reliability of product information
Warranties that our website or services will be uninterrupted, error-free, or secure
We do not warrant that:
Our website will be accessible at all times
Defects in our website will be corrected
Results obtained through our services will meet your expectations
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DAYTONA 24/7 SUPERMARKET, ITS OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunity
Damage to reputation or goodwill
Any damages arising from unauthorized access to or alteration of your data
Any damages arising from errors, omissions, or interruptions in our services
TOTAL LIABILITY: Our total liability to you for any claim arising from these Terms of Service or your use of our website shall not exceed the value of your most recent purchase from us.
This limitation applies regardless of the form of action (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless Daytona 24/7 Supermarket and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:
Your violation of these Terms of Service
Your violation of any applicable law or regulation
Your infringement of any third-party intellectual property rights
Any content you post or transmit using our website
Your use of our website or services in a manner that causes harm to others
13. Termination of Access
We may terminate or suspend your account and access to our website immediately and without notice if:
You violate any term of these Terms of Service
You engage in fraudulent or illegal activity
We believe your use poses a risk to our business, other users, or security
You fail to comply with applicable laws
Upon termination:
Your right to use our website ceases immediately
You remain liable for any outstanding orders or charges
Any provisions of this Agreement that, by their nature, should survive termination will continue in effect
14. Third-Party Services & Links
Our website may contain links to third-party websites and services, including:
Paystack: Payment processing
Google My Business: Business information and reviews
Meta (Facebook/Instagram): Social media and ordering
We are not responsible for:
The content, accuracy, or practices of third-party websites
Loss or damage resulting from the use of third-party services
Any transactions conducted through third-party platforms
Your use of third-party services is subject to their terms and privacy policies.
15. Governing Law & Dispute Resolution
15.1 Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.
15.2 Dispute Resolution
In the event of a dispute, you agree to:
First, attempt to resolve the issue directly by contacting us at the details provided in Section 18
Good Faith Negotiation: Work with us in good faith to reach a resolution within 30 days
Mediation: If unresolved, the parties may seek mediation through a mutually agreed mediator
Legal Action: If mediation fails, disputes shall be resolved in the competent courts of Lagos State, Nigeria
16. Modifications to Terms
We may modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our website and services after any modification constitutes your acceptance of the updated terms.
We recommend reviewing these Terms of Service periodically to stay informed of any changes.
17. Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of law, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
18. Contact Information
For inquiries, disputes, or clarifications regarding these Terms of Service, please contact us:
Response Time: We aim to respond to all inquiries within 14 business days
19. Entire Agreement
These Terms of Service, together with our Privacy Policy, constitute the entire agreement between you and Daytona 24/7 Supermarket regarding your use of our website and services. These terms supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.