- THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH AFRISHOP GLOBAL LIMITED. OFFERS YOU ACCESS TO THE AFRISHOP PLATFORM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” “user” or “your”) and AFRISHOP GLOBAL LIMITED. (“AFRISHOP”, “AFRISHOP Platform,” “we,” “us” or “our”), a GHANAIAN company Incorporated in ACCRA GHANA, governing your use of the AFRISHOP application, website, and technology platform (collectively, the “AFRISHOP Platform”). AFRISHOP provides a platform which enables people shop from online stores in certain destinations and facilitates the shipping of the items to them. Users of this platform shall create an account that enables such users to access the AFRISHOP Platform.
AFRISHOP DOES NOT DIRECTLY PROVIDE TRANSPORTATION OR COURIER SERVICES, AND AFRISHOP IS NOT A TRANSPORTATION CARRIER OR FREIGHT FORWARDER.
To register for the Service and open an account, you will need to complete the AFRISHOP online registration Form on the Website or Mobile apps. Registration for access to the Service is open to individuals who are 18 years of age or older (or the legal age of majority in your country). By registering for our Service you are appointing AFRISHOP as your agent for the purchasing of your package and/or organization of transportation for your packages on your behalf. Registration and appointment of AFRISHOP as your agent (“Service”) is subject to these terms and conditions (“Terms and Conditions”). The Service is provided to you under these Terms and Conditions and any updates thereof or amendments thereto, and any related operating rules and policies that are published from time to time by AFRISHOP on the AFRISHOP website (www.afrishopglobal.com).
USE OF THE SITE
The AFRISHOP Account (“Account”) shall be subject to the following Terms and Conditions: Definitions and Interpretation “Shipment” means all documents or parcels that travel under one waybill and which may be carried by any means AFRISHOP chooses, including air, road or any other carrier. A “waybill” shall include any label produced by AFRISHOP’s automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions in full. Every Shipment is transported on a limited liability basis as provided herein. “Air freight Convention” means whichever may be applicable of the: a. Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28 May 1999; or b. Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw on 12 October 1929; either not amended or amended by The Hague Protocol 1955; at Guatemala City 1971, by the additional Protocol No 3 of Montreal 1975 and/or by the additional Protocol No. 4 of Montreal 1975.
“Dangerous Goods” means cargo which is noxious, hazardous, inflammable, explosive or offensive (including radioactive materials) or may become noxious, hazardous, inflammable, explosive or offensive or radioactive or may become liable to cause damage to any person or property whatsoever whether prescribed by laws or otherwise. “Goods” are any goods or items which are the subject of the Service provided by AFRISHOP to you under these Terms and Conditions. “Government Authorities” means, without limitation, all government or semi-governmental departments and agencies with responsibility for the import and export of goods, the collection of revenue on the import and export of goods and the transport of those goods. “AFRISHOP Affiliate(s)” means Product suppliers, Freight forwarders, Transporters, Courier companies, Shippers, Consolidators, Shipping agents within the AFRISHOP network or that AFRISHOP may appoint services 1. The Service enables you to make purchases OR AFRISHOP make purchases on your from Africa . AFRISHOP will process the items for shipment and arrange for delivery of the item to the address and country you state on the online Form (“Delivery Address” & Destination Country). Shipments cannot be delivered to Post Office box address.
You are solely responsible for providing to and confirming with the Merchant/sender the correct AFRISHOP Affiliate location address, entering the correct details and procedure that will be outlined to you by AFRISHOP when purchasing your item online, and you understand that any incorrect information may result in non-delivery or delayed delivery of items, or incurring additional fees under this clause 3 for which you will be held accountable. Any package or Shipment that is unable to be delivered to you (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to clearly address the package as specified, your failure to confirm your shipment is acceptable for entry into the destination country, or you are unable to be contacted after reasonable attempts to do so) will be deemed an Uncollected Good or Unclaimed Good and AFRISHOP and/or AFRISHOP affiliate reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned. Shipping Fees are exclusive of all government taxes and any other third party charges that are payable on the shipment of your Goods, and you understand and agree that all such taxes and charges are payable by you prior to your Shipment being dispatched by AFRISHOP. You agree to pay all applicable Shipping Fees and other charges for any Shipment that has been ordered on your Account when requested to do so by AFRISHOP and regardless of the person who placed the order. The aforesaid shall apply to all AFRISHOP accounts including individuals’ and entities’ accounts. Customer Representations and Undertakings 11. No illegal use You undertake not to use the Service and/or the Account for any illegal, immoral, obscene or fraudulent purposes or for any other purposes prohibited by AFRISHOP, by the respective AFRISHOP Affiliate location, or any other applicable regulations. You further undertake that any use of the Service and/or Account shall be in compliance with all applicable federal, state, and/or local laws of the respective AFRISHOP Affiliate location, as well as other applicable international law, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions and terrorist activities. Any shipment received in violation of this clause may result in the forfeiture, return to sender, or destruction of shipment, along with notification to the police and/or appropriate government authority. we and/or our affiliates will not carry, and you must not try to buy and ship: Any items classified as hazardous material, Dangerous Goods, articles that are prohibited or restricted by IATA (International Air Transport Associated), ICAO (International Civil Aviation Organization), or any applicable government department or other relevant organization; or b. firearms, bullion, works of art, negotiable instruments in bearer form, jewelry, precious metals, precious stones, lewd obscene or pornographic material, currency, stamps, deeds, hazardous or combustible material or other Dangerous Goods, cashier’s cheques, money orders, travelers’ cheques, industrial carbon and diamonds, antiques, plants or animals. Prohibited or restricted shipments will be forfeited, destroyed, or provided to government officials. 13. Animal skins, furs, feathers, hair, wildlife (from US) You accept and acknowledge that any shipments to be exported from the US that contain animal skin, furs, mink, alligator skin, python skin, feathers (including hair accessories) or any other wildlife will be held at the US Customs Department for inspection and may be seized or confiscated.
You acknowledge and agree that you alone are liable for any costs involved if you try to export such items and that AFRISHOP or AFRISHOP Affiliates will not compensate you for such seized or confiscated shipments. 14. Restricted business You represent that your shipments do not relate to any restricted business, including but not limited to pornography, armaments, or any other restricted activities. You further represent that the goods being shipped are not destined for any country with which AFRISHOP and/or AFRISHOP Affiliate is prohibited from dealing as the result of any international or respective AFRISHOP Affiliate location law, legislation, regulation, directive, ordinance, treaty, etc. 15. Blacklisted name You represent that your name is not included in any blacklist issued by any respective Shopping Location government or other worldwide regulatory body. 16. Export Declaration and other documentation a. You must provide AFRISHOP with an Export Declaration for all packages of value exceeding two thousand and five hundred United States Dollars (USD 2,500) or equivalent prior to shipment to your Delivery Address. b. You must provide AFRISHOP with invoices and/or other documentation related to the packages regardless of value at any time as requested by AFRISHOP, or by Customs or any other Government Authority. c. You must provide AFRISHOP with identification documentation and personal information upon request by AFRISHOP or any official authority at its sole discretion. 17. Purpose of the Account You acknowledge and agree that your User Account is provided by AFRISHOP solely for the purposes of providing the Services as set out under these Terms and Conditions and that the Shopping Location provided for each Account is a delivery address only and cannot be used for any other purposes. 18. Correct Name / Delivery Address: AFRISHOP will only handover packages that have the same name and Delivery Address as the individual or entity stated on AFRISHOP online registration form or persons authorized by account holder to receive on their behalf. If such a person or authorized representative is not reachable or available after 30 days of being notified, then the shipment will be deemed an Uncollected Good or Unclaimed Good and AFRISHOP reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned. You will be held accountable for any additional fees incurred on your account under this clause 18. 19. Account Security You must ensure that your password is kept secure and confidential and not revealed to any other person. You acknowledge that you are entirely responsible for your password and must notify AFRISHOP immediately of any unauthorized use of your Account and/or password or any other breach of security relating to your Account. You acknowledge and agree that AFRISHOP accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of a password, and you release AFRISHOP from all claims arising from the unauthorized use of your password. Indemnification and Warranty 20. You warrant that all information provided by you is complete and accurate. 21. You agree to protect, indemnify, release, safeguard, and hold harmless AFRISHOP and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees (“AFRISHOP Indemnitees”) against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines or other costs, including reasonable attorney fees and causes of action of any type or nature arising out of or in conjunction with the use of the Account and/or the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from: a. failure of the respective AFRISHOP Affiliate location postal services, other relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item and/or package; b. delay occasioned by treatment handling, examination or impounding of the Goods by any of the Government Authorities; c. any misdescription or undervaluation provided for Customs purposes, whether intentionally or unintentionally. d. breach by you of any applicable law or requirement of any Government Authorities; or e. damage to or loss of any package or Account contents by any cause whatsoever, and from any violation by you of applicable international, federal, state or local laws. 22. Without limiting any other provision of these Terms and Conditions, AFRISHOP will not be liable for any costs, expenses, loss or penalties imposed or loss or damage incurred by any AFRISHOP Indemnitee due to your Shipment or Goods being impounded by customs or other Government Authorities, and you hereby protect, indemnify, release, safeguard, and hold harmless each AFRISHOP Indemnitee against any such cost, expense, fine, penalty or loss. 23. Without limiting any other provision of these Terms and Conditions, AFRISHOP will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred by any AFRISHOP Indemnitee due to your breach or non-compliance of any of these Terms and Conditions and you hereby protect, indemnify, release, safeguard, and hold harmless each AFRISHOP Indemnitee against any such cost, expense, fine, penalty or loss. Limitation of Liability 24. AFRISHOP will be responsible for your Shipment only while it is within AFRISHOP or AFRISHOP Affiliate’s custody or control, subject to the limitations of liability set out herein. 25. If the Shipment is transported by air and involves a stop in a country other than the country of departure, you understand and acknowledge that an Airfreight Convention may apply and may limit liability for loss or damage. Your claim for any loss or damage occurring during carriage by air, is against the airline carrier. In the event of any loss or damage suffered by you while the Goods are in the possession of the airline carrier, AFRISHOP will seek to recover amounts payable under the applicable Airfreight Convention on your behalf, and you indemnify AFRISHOP and hold it harmless against any claims for loss or damage to your Goods incurred while they were in the possession of the airline carrier. If the Shipment is carried by international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply. This convention limits AFRISHOP’s liability for loss or damage. 26. You acknowledge that Goods moved by airfreight may necessarily involve a part of transport undertaken by other means. Where this is so, and no international treaty is applicable which covers the additional transport, your recovery of loss or damage, if any, is against the carrier and may exclude or substantially limit liability. In the event of any loss or damage suffered by you while the Goods are in the possession of a third party carrier, AFRISHOP will seek to recover from the carrier any amounts payable to you. You indemnify AFRISHOP and hold it harmless against any claims for loss or damage to your Goods incurred while they are in the possession of the third party carrier, where such carriage was necessary in order to complete the delivery of your Shipment. Consequential Losses AFRISHOP will not be liable for any indirect, incidental, punitive or consequential loss or damage of any kind or any loss of profit, reputation, income, interest, opportunity, contract or bargain. Force Majeure 34. AFRISHOP will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond AFRISHOP’s or its Affiliates’ reasonable control, for example Acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general. AFRISHOP will not be liable for any defects in items purchased by you or purchased on your behalf wherein such defects originate from Supplier/Merchant. AFRISHOP will not be liable for costs involved in purchasing items from Supplier/Merchant if order is not well described by client, the right URL was not provided or sufficient additional information was not provided. AFRISHOP will not be liable for any delays in purchasing or delivering products resulting in inability of Supplier/Merchant to supply on time, Customer to fulfill payment obligations or force majeure. Privacy 35. AFRISHOP’s Privacy Policy applies. Change of Terms and Conditions, Service, and Fees 36. AFRISHOP may add to or change or update these Terms and Conditions from time to time entirely at its own discretion and without notice to you. Any and all amendments to the Terms and Conditions shall be published on the AFRISHOP website (WWW.AFRISHOP.GLOBAL) and shall be effective on the date of publication thereof. You are responsible for checking these Terms of Conditions periodically to remain in compliance with these terms. Your use of the Account or ordering of any Services after any amendment to the Terms and Conditions shall constitute your acceptance of these Terms and Conditions , and you also agree to be bound by any such changes/revisions. You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as AFRISHOP shall not be liable to compensate you for your failure to do so. 37. You agree that AFRISHOP may terminate these Terms and Conditions for good cause at any time and without notice. Good cause shall include, but is not limited to: a. Your use of the Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by AFRISHOP, the respective AFRISHOP Affiliate location, or other regulations; b. Your failure to pay monies owed to AFRISHOP when due; and c. Your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies that are published by AFRISHOP on AFRISHOP website (WWW.AFRISHOP.GLOBAL). 39. You acknowledge that, for the purpose of determining good cause for termination of these Terms and Conditions as provided herein, the actions of any person authorized by you to use your Account or the Service will be attributed to you. AFRISHOP reserves the right to immediately terminate the Service upon suspicion of any of the activities stated in clauses 11-15 above, and shall not be liable to compensate you for such termination. 41. You may terminate these Terms and Conditions and close the Account by providing AFRISHOP with 30 days’ prior written notice. AFRISHOP reserves the right to refuse to accept any dispatch and/or package delivered to your Account after the termination date. Miscellaneous 42. AFRISHOP may discard, destroy, or auction your Goods within forty-five (45) days after receipt of unknown shipments, or within thirty (30) days after receipt of prohibited or high-value shipments or shipments under an inactive account: (i) all applicable shipping charges have not been paid; (ii) the mail and/or packages were not clearly identified as belonging to you; (iii) you do not claim the mail or packages received to Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of AFRISHOP, to the non-exclusive jurisdiction of the courts of the Republic of Ghana, and governed by the law of the Republic of Ghana and you irrevocably submit to such jurisdiction, unless contrary to applicable law.