Terms & Conditions

African Elements LLC Terms & Conditions

Acceptance Of Terms

The below sets out the terms and conditions (“Customer Terms”) under which you, the customer, may make use of the African Elements website (the “site”) whether as a guest or registered user.

We reserve the right to these Customer (the buyer) Terms and any aspect of the African Elements experience and will notify such changes to registered users via email. Customers should review the Customer Terms periodically for any changes. By using the African Elements site you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms then please do not use the site.

About:

The African Elements site is operated by TinkR and Matthew contact information is Email: info@africanelements.com

Accessing our Service:

Access to the site is allowed on a temporary basis, the site reserves the right to withdraw or amend the facilities provided through the site without notice but changes will normally be communicated to registered users. The site will not be liable if, for any reason, the site should be unavailable at any time. It may be necessary at times to restrict access to any or all of the site even to registered users.   Any personal data provided by you in accordance with the registration requirements is handled according our Privacy Policy. By providing any such personal data you will be deemed to have agreed to the terms of our Privacy Policy. If you choose, or provided with, a user name, password or any other piece of information during the registration process or subsequent security procedures, you must treat such information as confidential and must not disclose it to any third party, doing so will find you in breach of these terms. We reserve the right to disable, or delete, any account or force a password change if, in our opinion, you have failed to comply with any of the provisions of these Terms or said account is deemed to have been abused or be at risk of abuse.

Intellectual property rights:

We own all rights and title to related to proprietary content on the site; individual shops will retain their own rights but allow site licence to display their content in accordance with the provision if the service. You will not copy, modify, adapt, translate or prepare derivative works from any content found on the site without the express written permission of the site. You must not repurpose any of the content on the site for external commercial purposes without obtaining a licence to do so from us or individual shop owners.We respect the intellectual property rights of others and we ask our Sellers to do the same. If you are aware that any of your, or any third party, intellectual property rights have been infringed directly on the site, or by an individual Shop, please report this to us as soon as possible.

Description of the African Elements service:

When you decide to purchase goods and/or services via the site the resulting legal contract is between you and the individual seller. Such contracts shall be compromised of these Customer Terms, the official email confirmation of your order and the applicable details on the product page and/or specific written agreements entered into by you and the seller; you agree to be bound by them all.You should review all aspects of the contract for conflicts or inconsistencies and, in the event of any arising, these Customer Terms shall prevail unless either you or the seller have explicitly waived any term or right in righting.African Elements cannot give any undertaking that goods and/or services purchased from Sellers via the Site will be of a satisfactory quality or fit for their intended purpose. The site will not be deemed to make any such warranty either express or implied. This disclaimer does not affect your statutory rights against the individual Seller and claims may be pursued against them in accordance with English contract law.The site does not review or control any listings and are not responsible in any way for descriptions provided by Sellers. At no time do we possess any items offered for sale; they will all be held by, and delivered directly from, the Sellers or their agents.

Disclaimer of Warranties and limitation of liability:

The site is provided “as is” and “as available” and we expressly disclaim any and all express, implied or statutory warranties.African Element disclaims all responsibility for any harm resulting from your use of the service.Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Formation of contracts of sale:

Each order placed is deemed by English contract law to be an offer by you to purchase the goods or services specified. Each Seller is perfectly entitled to reject an offer to buy.An order shall be deemed to have been accepted by the Seller once an email acknowledgment of the order has been sent by the site acting as the agent of the Seller. The contract between customer and Seller will relate only to those goods and/or services notified in the email acknowledgement.

Payment methods:

Purchases for goods and/or services may only be paid using the PayPal payment system. You do not need a PayPal account to make use of this system as you can make a purchase as guest user using a debit or credit card. We advise you to familiarise yourself with the PayPal process and their own terms of use.All prices shall be shown in United State Dollars USD($) and shall be payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (e.g. international transactions and currency conversions).

Joining and setting up a shop on African Elements is free. It cost $0.20 to list an item on African Elements.  A listing lasts for 120 days or until the item is sold. Once you sell your product we collect a 3.5% administration fee on the sale price. African Elements Marketplace uses Paypal to handle our online payments system.  PayPal charges a estimate (3.9% + $0.39)** Fee per sale item. This is collected directly by Paypal at the point of sale.

To help you cover the ordered item shipping cost you can withdraw right away ONLY the amount for shipping.  To guaranty safety the remaining funds are available for your withdraw 17 days after purchase is made of your item or after delivery confirmation of item.

In addition after you have sold an item or after 120 days on display you will receive an invoice by emailed for your listing item fee ($0.20 per listed item).  You will have 30 days to resolve the balance.

Refusal of service:

We reserve the right to refuse a transaction for any reason or refuse service or access to the website to anyone at any time at our sole discretion. We will not be liable to you or any third party because of such a refusal.

Delivery:

All statements of delivery costs and timescales are at the sole discretion of the individual Seller. Any delivery times quoted will normally be in working days.

Import regulations, tax and duty:

If you are placing an order for goods for delivery outside the USA or your local country they may be subject to local import duties and taxes applicable to your country or location which become payable when the delivery reaches said country or location. As the party deemed to be importing the goods, you will be solely responsible for the payment of any such charge. the site and Sellers have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order as they can sometimes be quite high.

Returns:

Returns, exchanges or refunds of any non-returnable item purchased through the Site must be discussed with the relevant Seller directly using the means of contact they have supplied. The site cannot intervene in, and has no control over, these discussions.

Linking to African Elements:

Links to the site home page and individual shop or product pages is permitted provided they are fair and legal, do not damage African Elements reputation, are not used in the course of any unapproved commercial enterprise or suggest any association to, approval or endorsement by us. The site reserves the right to revoke this right should it be considered that there has been any abuse for whatever reason and take down orders may be issued.The site must not be framed on any other website or otherwise displayed alongside other online material by any means expect a screenshot for illustrative purposes only.Any links to external sites provided by Sellers will cause you to leave the site and, as such, we have no control over their contents and will not be held liable for any malware they may contain or for any loss or damage that may arise from your use of them. We do not review external links and their associated destinations and you follow any external links entirely at your own risk. We will, however, welcome, accept and review visitor feedback in relation to external links and will cause Sellers to remove any that are deemed inappropriate or damaging.

Uploading material:

Anything uploaded by site owners and customers (such as profile images) must not: be defamatory; contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory; infringe any copyright, trade mark or other intellectual property; be deemed likely to harass, upset, embarrass or alarm; or be used to impersonate any third party, or to misrepresent identity or affiliation with any person or group.Anything uploading to the Site will be deemed in the public domain, and we have the right to use, copy and distribute such material for the purpose of delivering the service. We also reserve the right to disclose the uploader’s identity to third parties claiming a breach of their intellectual property rights, or to law enforcement agencies who follow the appropriate legal channels. We will not be responsible, or liable, for the content or accuracy of any materials posted and retain the right to remove any material uploaded to the site.
African Elements reserves the right to use images, products description, product details and shop information that site owners, site administrators and customers have uploaded to the African Elements site for marketing and promoting the African Elements Marketplace.

Misuse of the site:

You must not misuse the site by introducing viruses, Trojans, malware or other which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or the server on which it is hosted. You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack.By breaching this provision you commit a criminal offence. Any offence, or attempted offence, will be reported to the relevant authorities and we will co-operate with those authorities fully including supplying your identity to them if it is known. In the event of such a breach, your right to use our Site will cease immediately.

Removal of terms:

If any of these Customer Terms are deemed invalid, unlawful or unenforceable to any extent in law, then such term will be removed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

Force majeure:

Should either we or a Seller be prevented from, or delayed in, carrying out any obligation under any terms due to circumstances beyond our or the Seller’s reasonable control or any act of force majeure the performance of that obligation shall be postponed for the period of time that the circumstances continue.

Law and jurisdiction:

Contracts entered in to for the purchase of goods or services through the site shall be governed by English civil law. Any dispute arising in relation to contracts of sale contracts shall be subject to the exclusive jurisdiction of the USA Civil Courts. If you feel any criminal offence has been committed then do not hesitate to contact African Elements directly.

Feedback:

General comments about the African Elements site are welcomed and appreciated, please contact us at info@africanelements.com. Complaints about a specific seller or their goods should be directed to the seller concerned in the first instance via the means they provide but should you feel that any shop or seller is breaching any law (including but not limited to safety, copyright, decency) then do not hesitate to contact African Elements directly.

Other applicable terms and conditions:

As well as the primary Terms & Conditions to which you agree by using this Site, you should also refer to those of each individual shop owner (or seller) on their African Elements shop or product pages before making any order.