INTRODUCTION
These terms of use ("Terms of Use") apply to AdepaMart.com website (the “Website”), and all of its divisions, subsidiaries, and affiliate operated Internet websites which reference these Terms of Use. These Terms of Use of the Website is between Adepa Worldwide Enterprise(hereinafter referred to as "AdepaMart" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which AdepaMart offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
A User who purchase various goods and services ("Products") from the Seller (defined below) on the Website is referred to as "Buyer" and an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer is referred to as "Seller". These Terms of Sale also contains certain statements and disclaimers made by AdepaMart shall be binding on Buyer and Seller, as the case may be.
PLEASE READ THIS TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IMMEDIATELY CEASE USE OF THE WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE. THE WEBSITE RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES WILL BE EFFECTIVE WHEN POSTED ON THE WEBSITE. YOU ARE THEREFORE ADVISED TO CHECK THESE TERMS OF USE FROM TIME TO TIME FOR ANY UPDATES.
GOVERNING LAW
These Terms of Use shall be governed and interpreted in accordance with the laws of Ghana without reference to conflict of laws principles. Irrespective of location, Each party shall submit to the laws of Ghana and waive any objections.
USE OF CONTENT
By using the Website you represent that you are eighteen (18) years of age or more.
Certain services and related features that may be made available on the Website 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.
Except as expressly indicated to the contrary in any applicable Additional Service Terms, AdepaMart hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
You may not modify or alter product catalogues available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
YOUR RESPONSIBILITY TO PROTECT YOUR ACCOUNT
When you sign up to use the Website and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow using your account. You agree to safeguard your password from access by others. You agree to not hold AdepaMart or another party responsible for losses incurred due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
THIRD-PARTY LINKS
The Website may contain links to third-party websites. AdepaMart does not control or endorse these third-party websites or any goods or services sold on those websites. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that AdepaMart. is not responsible or liable for any content or other materials on these third-party websites. We have not reviewed any or all such websites that may be linked to the Website and we are not responsible for any such websites linked to the Website. Your linking to any websites from the Website is at your own risk. By linking to a website or permitting a link to the Website, AdepaMart does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Website upon request from the owner of the linked website.
TRADEMARKS AND COPYRIGHTS
All information and the entire website design; this content includes, but is not limited to text, graphics, software, photos, video, music, sound, as well as their selection and arrangement, and all software aspects and underlying source code, appearing on the Website, whether registered or unregistered remain the property of AdepaMart.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of AdepaMart or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of AdepaMart, the vendor/seller or the third party that may own the Marks.
The entire contents of the Website also are protected by copyright as a collective work under Ghanaian copyright laws and international conventions. All rights are reserved.
USER SUBMISSIONS
All content that you submit to the Website, collectively known as “Submissions” and including, but not limited to questions, comments, suggestions, reviews, etc, is the sole and exclusive property of the Website and will not be returned to you. In addition, your act of posting content to the Website (including but not limited to any of the above), automatically grants us the right to use the name submitted by you in connection with this content. You may not use any false or misleading information in relation to any Submissions. We reserve the right to remove or edit any Submissions.
PRICING
All prices are inclusive of VAT unless stated otherwise.
The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on 'as is' basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
DELIVERY OF THE PRODUCT
There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
Buyer's shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyer's purchase. In the event Buyer's order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to AdepaMart for any loss of any fee or charges that AdepaMart and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to AdepaMart and its third parties are not consequential or indirect.
The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
CANCELLATION OF TRANSACTION / ORDERS
Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct AdepaMart to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyer's order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to AdepaMart. If Buyer's order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. AdepaMart shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by AdepaMart is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of AdepaMart for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Seller's decision regarding the cancellation.
Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by AdepaMart in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes AdepaMart to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website, should be taken to indicate that all information on the Website has been modified or updated.
DISCLAIMER BY ADEPAMART
AdepaMart's role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers.
AdepaMart does not control, endorse or accept responsibility for any product (including but not limited to product catalogues) offered by sellers accessible through the website or any linked websites. AdepaMart makes no representations or warranties whatsoever about, and shall not be liable for, the seller or any such third parties, their products including representations relating to merchantabiligy, fitness of a product or service for a particular purpose, and non-infringement of third-party intellectual property rights. Any transactions that buyer may have with such third parties are at buyer's own risk. The products shall be subject to seller's terms and conditions for warranty, service and maintenance, and AdepaMart does not accept any responsibility for the same. AdepaMart also does not accept any responsibility for the usage of the products by the buyer.
AdepaMart specifically disclaims any liability with regard to any illegal, infringing, fake, duplicate, spurious, defective or counterfeit, refurbished, expired products purchased by buyer from the seller and AdepaMart shall not assume any liability if the product purchased or availed by buyer from the seller is not exactly as per specifications detailed in the purchase confirmation order.
AdepaMart is in no way responsible or liable for the offer for sale or sale of the product by the seller to the buyer, its delivery, the warranty terms (if any) related to the product and the return, refund or cancellation of purchase of any products.
AdepaMart does not warrant that the sale price provided by the seller of the product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the seller and not to AdepaMart. Prices, product description and availability of the product are seller's responsibility.
Buyer expressly acknowledges that the seller selling the defective product will be responsible to buyer for any claims that buyer may have in relation to such defective product and AdepaMart shall not in any manner be held liable for the same.
AdepaMart shall not assume any liability for the non-availability of the product, delivery of the product directly by the seller and the installation of the product where required.
TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Uses 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 Website 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 the Website 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 Website 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 Website or with any terms, conditions, rules, policies, guidelines, or practices of AdepaMart in operating the Website, your sole and exclusive remedy is to discontinue using the Website.