Terms & Conditions
This policy was published on 10-22-2019 and will take effect on 10-22-2019
Welcome to www.shopafrivilla.com. These Terms and Conditions are
applicable to your access and use of the websites, mobile sites, mobile
applications and other portals owned, operated, branded or made available by
shopafrivilla.com (defined below) from time to time which relate to the
AfriVilla e-commerce platform including but not limited to the web and
mobile-optimized versions of the websites identified by the uniform resource
locator “shopafrivilla.com” and the mobile applications of the shopafrivilla.com
e-commerce platform (the “AfriVilla Sites”).
This contract is a legally
binding agreement that sets out your rights and responsibilities when you use
ShopAfriVilla.com, our mobile apps, and the other services provided by
AfriVilla (we’ll refer to all of these collectively as our “Services”). By using
shopafrivilla.com and any of our Services (even just browsing one of our
websites), you agree to these conditions, so please read them carefully. If you don’t agree with the Terms, you may
not use our Services.
The following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and all Agreements:
"Customer", "You" and "Your" refers to you, the
person log on this website and compliant to the Company’s terms and conditions.
"The Company", "Ourselves", "We", "Our"
and "Us", refers to our Company. "Party",
"Parties", or "Us", refers to both the Customer and
ourselves. All terms refer to the offer, acceptance and consideration of
payment necessary to undertake the process of our assistance to the Customer in
the most appropriate manner for the express purpose of meeting the Customer’s
needs in respect of provision of the Company’s stated services, in accordance
with and subject to, prevailing law of the United States. Any use of the above
terminology or other words in the singular, plural, capitalization and/or
he/she or they, are taken as interchangeable and therefore as referring to the
same.
By agreeing to these Terms and Conditions, you represent that you are
at least the age of majority in your state of residence, or you are at least
the age of majority in your state of residence and have given us your consent
to allow any of your minor dependents to use this site. You may not use our products for any illegal
or unauthorized purpose, nor may you, in the use of the Service, violate any
laws in your jurisdiction.
Personal
identification information
We may collect personal identification
information from Users in a variety of ways, including, but not limited to,
when Users visit our site, register on the site, place an order, subscribe to
the newsletter and in connection with other activities, services, features or
resources we make available on our Site. Users may be asked for, as
appropriate, name, email address, mailing address, phone number, and credit
card information.
We will collect personal identification
information from Users only if they voluntarily submit such information to us.
Users can always refuse to supply personal identification information, except
that it may prevent them from engaging in certain Site related activities.
Users may, however, visit our Site anonymously.
Non-personal
identification information
We may collect non-personal
identification information about Users whenever they interact with our Site.
Non-personal identification information may include the browser name, the type
of computer and technical information about Users means of connection to our
Site, such as the operating system and the Internet service providers utilized
and other similar information.
How
we use collected information
AfriVilla collects and uses Users personal
information for the following purposes:
●
To improve customer service
Your information helps us to more effectively respond
to your customer service requests and support needs.
●
To personalize user experience
We may use information in the aggregate to understand
how our Users as a group use the services and resources provided on our Site.
●
To improve our Site
We continually strive to improve our website offerings
based on the information and feedback we receive from you.
●
To process transactions
We may use the information Users provide about
themselves when placing an order only to provide service to that order. We do
not share this information with outside parties except to the extent necessary
to provide the service.
●
To send periodic emails
The email address Users provide for order processing,
will only be used to send them information and updates pertaining to their
order. It may also be used to respond to their inquiries, and/or other requests
or questions. If User decides to opt-in to our mailing list, they will receive
emails that may include company news, updates, related product or service
information, etc. If at any time the User would like to unsubscribe from
receiving future emails, we include detailed unsubscribe instructions at the
bottom of each email or User may contact us via our Site.
How we protect your
information
We adopt appropriate data collection, storage and
processing practices and security measures to protect against unauthorized
access, alteration, disclosure or destruction of your personal information,
username, password, transaction information and data stored on our Site.
Sensitive and private data exchange
between the Site and its Users happens over a SSL secured communication channel
and is encrypted and protected with digital signatures.
Sharing your personal
information
We do not sell, trade, or rent Users
personal identification information to others. We may share generic aggregated
demographic information not linked to any personal identification information
regarding visitors and users with our business partners, trusted affiliates and
advertisers for the purposes outlined above.
We may use third party service providers to help us operate our business
and the Site or administer activities on our behalf, such as sending out
newsletters or surveys. We may share your information with these third parties
for those limited purposes provided that you have given us your permission.
Web
browser cookies
Most interactive websites use cookies to let us retrieve
the user’s details for each visit. Cookies are used by our website to enable
the functionality of certain areas to make it easier for people visiting our
website and to enhance the overall User experience. User's web browser places cookies on their
hard drive for record-keeping purposes and sometimes to track information about
them. Users may choose to set their web browser to refuse cookies, or to alert
you when cookies are being sent. If they do so, note that some parts of the
Site may not function properly.
Some of our affiliate/advertising partners may also use
cookies. By accessing shopafrivilla.com,
you agreed to use cookies in agreement with AfriVilla’s Privacy Policy.
All content included in or made available through AfriVilla, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of AfriVilla or its content
suppliers and protected by United States and international copyright laws. The
compilation of all content included in or made available through any AfriVilla
site is the exclusive property of AfriVilla and protected by U.S. and
international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names
included in or made available through any AfriVilla site are trademarks or
trade dress of AfriVilla in the U.S. and other countries. AfriVilla's
trademarks and trade dress may not be used in connection with any product or
service that is not AfriVilla's, in any manner that is likely to cause
confusion among customers, or in any manner that disparages or discredits
AfriVilla. All other trademarks not owned by AfriVilla that appear in any
AfriVilla Service are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by AfriVilla.
Subject to your compliance with these Terms and Conditions, and your
payment of any applicable fees, AfriVilla or its content providers grant you a
limited, non-exclusive, non-transferable, non-sublicensable license to access
and make personal and non-commercial use of the AfriVilla Services. This
license does not include any resale or commercial use of any AfriVilla Service,
or its contents; any collection and use of any product listings, descriptions,
or prices, unless expressly granted; any derivative use of any AfriVilla
Service or its contents; any downloading, copying, or other use of account
information for the benefit of any third party; or any use of data mining,
robots, or similar data gathering and extraction tools. All rights not
expressly granted to you in these Conditions of Use or any Service Terms are
reserved and retained by AfriVilla or its licensors, suppliers, publishers,
rightsholders, or other content providers. No AfriVilla Service, nor any part
of any AfriVilla Service, may be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of AfriVilla. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of AriVilla without express written
consent. You may not use any meta tags or any other "hidden text"
utilizing AfriVilla's name or trademarks without the express written consent of
AfriVilla. You may not misuse the AfriVilla Services. You may use the AfriVilla
Services only as permitted by law. The licenses granted by AfriVilla terminate
if you do not comply with these Conditions of Use or any Service Terms.
Risk
of Loss
All purchases of physical items from AfriVilla are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
Limitation of
Liability
Subject to the applicable law, including with respect to
liability for personal injury or non-waivable statutory rights under Maryland
law, in no event shall AfriVilla or its officers, directors, employees,
shareholders, or agents (A) be liable to the user with respect to the use of
the sites, contents, or the materials contained in or accessed through the
sites (including without limitation and damages caused or resulting from
reliance by user on any information obtained by AfriVilla), or any damages that
result from mistakes, omissions, interruptions, deletion of files or email,
errors, defects, viruses, delays in operation or transmission, or any failure
of performance, whether or not resulting from acts of God, communications of
failures, theft, destruction, or unauthorized access to AfriVilla’s records,
programs, or services; and (B) liable to the user for any indirect, special,
incidental, consequential, punitive, or exemplary damages, including, without
limitation, , damages for loss of goodwill, lost profits, loss, theft, or
corruption of user information, or the inability to use the sites or any of
their features The User’s sole remedy is
to cease use of the sites.
Sellers, and not Afrivilla, shall assume all liability for
personal injury and product liability claims.
Refunds/ Exchanges
To keep prices low, we do not offer refunds. When qualified, items that are purchased are subject to an exchange only policy. Food, digital, health, swimwear, undergarments/ intimates, and sales items are final sale. Seller also has the choice to list their items as final sale, but it must be stated in the product description. Buyers have 3 days after delivery to process an exchange for store credit within the same seller’s store.
Disputes
All disputes
should be resolved directly with the seller.
If you are unable to resolve your dispute with a Seller and you believe
the seller has violated these terms and conditions or any of AfriVilla’s
policies, please let us know and hopefully we can resolve your issue. If we
cannot resolve your issue, then these rules will govern any legal dispute
involving our Services. You agree,
pursuant to these terms and conditions, that any legal disputes against
AfriVilla are limited to claims of negligence.
As a user you waive your rights to any other claims against AfriVilla.
These terms and
conditions are governed by the laws of the State of Maryland, without regard to
its conflict of laws rules, and the laws of the United States of America. These
laws will apply no matter where in the world you live, but if you live outside
of the United States, you may be entitled to the protection of the mandatory
consumer protection provisions of your local consumer protection law.
You and we agree
that any dispute or claim arising from or relating to these terms and
conditions shall be finally settled by final and binding arbitration, using the
English language, administered by the American Arbitration Association (the
“AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in
effect (those rules are deemed to be incorporated by reference into this
section, and as of the date of these terms and conditions), unless otherwise
required by law. Note: arbitration, including threshold questions of
arbitrability of the dispute, will be handled by a sole arbitrator in
accordance with those rules. Judgment on the arbitration award may be entered
in any court that has jurisdiction.
Any arbitration or
mediation under these terms and conditions will take place on an individual
basis. You understand that by agreeing to these terms and conditions, you and
we are each waiving the right to trial by jury or to participate in a class
action lawsuit. Notwithstanding the foregoing, each party shall have the right
to bring an action in a court of proper jurisdiction for injunctive or other
equitable or conservatory relief, pending a final decision by the arbitrator or
mediator. You may instead assert your claim in “small claims” court, but only
if your claim qualifies, your claim remains in such court, and your claim
remains on an individual, non-representative, and non-class basis. You understand and acknowledge that you will
only
Each party agrees
to pay their share of arbitration or mediation costs including any and all
reasonable AAA filing, administrative, and arbitrator fees.
AfriVilla is based
in Maryland, therefore any legal action against AfriVilla pursuant to the terms
herein must be filed and take place in Maryland. For all actions under the AAA
Rules, the proceedings may be filed where your residence is, or in Maryland,
and any in-person hearings will be conducted at a location which is reasonably
convenient to both parties taking into account their ability to travel and
other pertinent circumstances. For any actions not subject to arbitration or
mediation, you and we agree to submit to the personal jurisdiction of a state
or federal court located in the appropriate county in Maryland.
Changes
to this privacy policy
AfriVilla has the discretion to update
this privacy policy at any time. When we do revise the updated date, it will be
reflected at the bottom of this page. We encourage Users to frequently check
this page for any changes to stay informed about how we are helping to protect
the personal information we collect. You acknowledge and agree that it is your
responsibility to review this privacy policy periodically and become aware of
modifications.
Contacting
us
If you have any questions about this
Privacy Policy, the practices of this site, or your dealings with this site,
please contact us at:
AfriVilla
www.ShopAfriVilla.com
afrivillaorders@gmail.com