TERMS OF USE

AfroTrend’s Standard Terms & Conditions of Sale Products to Consumers

Scope

These Terms & Conditions (“the Terms”) shall apply to all quotations and offers made by AfroTrend and any purchase orders accepted by AfroTrend.

The Contract

By placing an order with AfroTrend, either directly or via their website the “Customer” (or “You”) is offering to purchase Products from AfroTrend on the basis of these Terms. The contract shall only be formed when AfroTrend acknowledges acceptance of the order in writing or upon despatch of the Products. No pricing made available by AfroTrend shall constitute an offer capable of acceptance and AfroTrend expressly reserves the right to amend its prices at any time. Any images, drawings or descriptions made available by AfroTrend in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. You are responsible for checking that the terms and details of any order are correct and accurate.

Contract Variations

AfroTrend reserves the right to vary or alter the specifications of its Products at any time and without notice unless otherwise agreed in writing with the Customer.
Any contract variation by You must be submitted either orally or in writing to AfroTrend for assessment as to impact on price and delivery. Such variation will not have contractual legal effect until agreed in writing by both parties.

Products

Products governed by these Terms means any Products produced or sourced by AfroTrend as listed in the order and may include:

Standard list Products – these are part of AfroTrend standard range of Products which are available for purchase by all customers and are publicised as being for general sale on the AfroTrend’s website

Pricing

All pricing quoted is inclusive of VAT if applicable and any other applicable taxes or duties which will be charged at the prevailing rate where applicable.
Unless otherwise stated all pricing is exclusive of any delivery charges.

Delivery

Although AfroTrend shall try in all good faith to meet Product delivery dates they are not guaranteed but are estimates based upon the information available to AfroTrend at the time of order confirmation. Under no circumstances shall AfroTrend be liable for any damages or losses whatsoever arising from any delay in delivery, unless there is specific written agreement between AfroTrend and the Customer. Liability of AfroTrend shall be limited at AfroTrend’s sole discretion to;
1. Delivering the Products within a reasonable time;
2. Refunding the pro-rata price based on the quantity of the Products that are undelivered.
Delivery shall be made by AfroTrend to the delivery location specified by You and shall require You to have a responsible person at that location to accept and sign for the Products. If there is no such person available at the specified delivery location, then You agree to AfroTrend’s leaving the Products at that location and in this case risk in the Products will pass to You at that time and no further liability shall remain with AfroTrend with respect to the Products to the limit permitted by applicable law.
If You fail to take delivery of the Products, delivery fails because of inaccurate delivery location information provided by You or any other reason due to Your negligence or fault then AfroTrend can, at its sole discretion and without limitation to any other rights and remedies:
1. Charge You for any delivery and recovery costs of the Products to and from the delivery location together with a £20 administration fee;
2. Charge You for any storage costs in order to store the Products for future delivery;
3. Invoice at full value for any Products where such products cannot be sold elsewhere or returned for a full refund to the original supplier within 15 days of the failed delivery.

Inspection of the Products

It is Your responsibility to check that the quantities and specifications of the Products correspond to the contract and that there are no visible signs of damage before using the product.

Product Returns

Please see our Returns and Refunds policy.

Payment

AfroTrend will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law.
Unless otherwise agreed in writing, payment for all Products must be made in advance and in full, without any deductions unless agreed in writing. Time for payment shall be of the essence and Products will not be delivered unless full payment has been made.
Failure to pay any overdue invoices or charges shall entitle AfroTrend to suspend any unexecuted or future orders without further notice and at their sole discretion.

Intellectual Property

All Intellectual Property Rights in the Products or created during the performance of any contract governed by these Terms are and shall remain the property of AfroTrend. Unless confirmed in writing and signed by an authorised representative of AfroTrend nothing in the terms of this agreement shall vest any ownership rights in the Customer.

Termination of Contract

Cancellation by You - any contract governed by these Terms may not be cancelled by You without AfroTrend ‘s consent. Upon giving consent AfroTrend reserves the right to charge a cancellation fee relating to Products that are the subject of the contract in order to cover liquidated losses by AfroTrend arising from the cancellation.
Cancellation by AfroTrend – AfroTrend can terminate any contract governed by these Terms immediately upon written notice to the Customer and suspend any further deliveries if the Customer fails to perform any of its obligations within the contract.

Privacy

Please see our Privacy Policy

In the Event of a Fraudulent Activity

Once we ship your package and a chargeback is filed against AfroTrend, we will report you to the authorities for internet credit card fraud which is a serious crime. Please note that your IP address is captured amongst other things as stated in our *privacy policy, and will trace back to you. The shipping carriers provide very accurate information as well, so please understand that this is NO FRAUD TOLERANCE online store. You may be sent to collections, as it is our right to retrieve funds from fraudulent orders.

Governing Law

Any differences arising between AfroTrend and the Customer concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.

Third Party Rights

A person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Consumer Rights Act 2015 or the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

Dispute Resolution

The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.

Whole Agreement

These Terms governing any contract established with the Customer constitute the entire Agreement between AfroTrend and the Customer and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by an authorised representative of AfroTrend.