Terms and Conditions

TERMS AND CONDITIONS FOR USE

PERFNET SOLUTIONS, a company incorporated in Ghana under the provisions of The Registration of Business Names Act, 1962 (No. 151), and operating under the trade name UAFRIK (referred to herein as “PERFNET”,  “UAFRIK”, “we”, “our” or “us”) is in the business of wholesaling and retailing various categories of goods and services across Ghana and the rest of the world through various modes of distribution channels (“Products” and/or “Services”, Online and/or Physical In-Store).

All transactions or the products ordered by you on the website www.uafrik.com (“Website”, “The Website” or “Our Website”), which is designed, developed, operated and maintained by PERFNET under our trade name UARFIK shall be fulfilled by PERFNET acting through its duly authorized staff, partners or assigns. PERFNET, operating under the brand name “UAFRIK”, shall solely be responsible for the fulfilment of all the orders placed by you including but not limited to invoicing, receipt of payment, delivery, exchange and return of products, after sales service or support (if any), etc.

You agree that in no event shall PERFNET, its affiliates, directors, officers, agents, consultants or employees be liable for any purchases made through the Website nor bear any responsibility of any nature whatsoever AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PERFNET AND OR ITS REPRESENTATIVE(S) ARISING AS A RESULT OF OR IN RELATION TO THE WEBSITE OR PURCHASES MADE OF PRODUCTS OR SERVICES INCLUDING INTER-ALIA CLAIMS RELATING TO PAYMENT AND DELIVERY OF THE PRODUCTS AND THE LIKE.

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY PERFNET (UAFRIK) TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.

TERMS AND CONDITIONS:


  1. These Terms set forth the terms and conditions that apply to the sale and purchase of the products between UAFRIK and you. Change in law or changes in UAFRIK business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, UAFRIK encourages you to review the Terms and any other terms and conditions periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and conditions.
  2. You agree that UAFRIK makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on uafrik.com(“The Website”) and provides all Product(s) on an “as-is” basis.
  3. The products, services and information displayed on the Website is an “invitation to offer” to the public at large. Your order for purchase constitutes your “offer” which shall be subject to acceptance or rejection by UAFRIK and shall further be subject to the terms and conditions as listed below. All accepted offers shall be fulfilled by UAFRIK. If you have supplied your valid email address or contact number, UAFRIK will notify you by email, call USSD Flash or through SMS (as the case may be) as soon as possible to confirm receipt of your order and through same or any of the above stated contact medium confirm the order details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of UAFRIK or PERFNET prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
  4. Persons who are “incompetent to contract” under Ghanaian and/or International Law including minors, un-discharged insolvents etc … or otherwise barred by law are not eligible to place an order for a product or use or transact on the Website. Persons under the age of 18 years cannot transact through or use the Website. However, the Website is freely accessible to all end-users subject to the terms of use and privacy policy or any other terms and conditions.

SERVICES, ORDER, PRICING AND PAYMENT


  1. The Services provided by UAFRIK to you through the Website or any other advertised contact medium on the Website shall include:
    • Supply of the ordered product;
    • Procuring a logistics company or our assigns experienced with collection and transportation (“Logistics Supplier”) to deliver your ordered Products; and
    • UAFRIK customer support, enabling you to contact UAFRIK at support@uafrik.com or through any of our validly advertised contact channels on the Website with any queries that you may have in relation to your purchased Product(s) or any products on offer on the Website.
  2. You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping or delivery costs or charges incurred with that order. All prices are displayed and are payable in Ghana Cedi or its equivalent at the prevailing exchange rate authorized by UAFRIK.
  3. UAFRIK may not accept your order for Products if:
    • The product(s) is/are out of stock;
    • UAFRIK is unable to obtain authorization for your payment;
    • Delivery or Shipping restrictions apply to a particular product or your provided Delivery or Shipping location;
    • UAFRIK finds a Product or pricing error; and/or
    • For any other reason at UAFRIK’s sole discretion.

    In any of these situations, UAFRIK will inform you that your order has not been accepted, we will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, unwinding or suspending any transaction after processing has begun.

  4. From time to time, there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admission whatsoever, UAFRIK will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with UAFRIK to resolve such issues, and you agree that UAFRIK shall have full discretion to determine the appropriate resolution in such cases.
  5. While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
    • Lack of authorization for any transaction(s), or
    • Exceeding the pre-set limit mutually agreed by You and between your serving financial institutions, Bank(s), Payment Account manager(s), or
    • Any payment issues arising out of the transaction, or
    • Decline of transaction for any other reason(s).
  6. UAFRIK may offer multiple payment options through various instrument(s) or mode(s) for the convenience of our customers. UAFRIK reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any of the above payment options shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by the Bank of Ghana, issuer banks, acquiring banks, payment gateway providers, facility providers and other intermediaries involved in the payment process.
  7. All payment transactions are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorize payment, UAFRIK has the right to cancel the order. UAFRIK cannot be held responsible if this should result in a delay in dispatching your goods or Products.
  8. UAFRIK reserves the right to refuse to process transactions by buyers with a prior history of questionable charge or conduct including but not limited to breach of any agreements by the buyer with UAFRIK or breach/violation of any law or any charges imposed by issuing bank, payment provider or breach of any policy.
  9. UAFRIK may do such checks as it deems fit before approving the receipt of buyers’ commitment to pay (especially for Cash on Delivery transactions) transaction price for security or other reasons at the discretion of UAFRIK. As a result of such check(s), if UAFRIK is not satisfied with the creditability of the buyer or genuineness of the transaction or transaction price, it will have the right to reject the receipt of buyers’ commitment to pay transaction price.
  10. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the order process, you agree to accept and pay for the item(s) or product(s) requested.
  11. Certain orders may constitute improper use of the Website and Services. UAFRIK reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at UAFRIK sole discretion.
  12. In the event that a Product is listed at an incorrect price due to an error in pricing, UAFRIK shall have the right, at UAFRIK’s discretion, to refuse or cancel any orders placed for that Product. If a Product is mispriced, UAFRIK may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
  13. UAFRIK reserves the right, at its sole discretion and without prior notice, to limit the quantity or value of items purchased per person per household, per account or per order. These restrictions may be applicable to order placed by same account, the same credit card or same wallet and also to orders that use the same billing and/or shipping address.

DELIVERY OR SHIPPING


  1. For UAFRIK to arrange to deliver any Products that you have purchased, you shall be solely responsible for providing the correct and accurate postal, shipping or delivery details.
  2. Risk of loss and title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier acting for or on behalf of UAFRIK.
  3. UAFRIK is not responsible for any:
    • delays in the shipping of your ordered and/or purchased Product(s),
    • lost or missing Product(s) or
    • the incorrect delivery of the Product(s) to you,

     

    Which is due to your fault or due to inaccurate, false or incomplete information provided by you.

  4. Should you receive an item that is not in perfect condition please contact us immediately at support@uafrik.com or on our Customer Care numbers (+233 560 999 371/2) and arrange for the faulty Product to be returned to us.
  5. RETURNS


    1. UAFRIK wants you to be pleased with your purchase; so, if for any reason you are not completely satisfied, UAFRIK will accept return of your purchase, subject to terms and conditions for returns mentioned in the Return Policy & Return Process. Please go through the Return Policy & Returns Process available on the Website. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags attached. Returns that are damaged, soiled or altered may not be accepted by UAFRIK and may be sent back to you at your cost and without a refund.
    2. All payments made by you towards correctly returned Products will be refunded as per the Returns Policy & Returns Process. If you think that we have provided you with an incorrect refund, please contact us immediately on support@uafrik.com.
    3. Please note that, bank and/or mobile money wallet refunds may take up to 15 business days for your bank or financial institution to complete the transaction, depending on their processing time. This can vary greatly between issuers, and UAFRIK shall not be liable for any delays in refund by card or mobile companies or banks. UAFRIK offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card, bank account(s) or mobile wallet. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet or mobile network infrastructure currently available and working days or holidays of financial institutions.

    LIMITATION OF LIABILITY AND INDEMNITY


    1. You agree, to the fullest extent permitted by law, to indemnify and hold PERFNET (UAFRIK), its directors, officers, employees, affiliates, group companies, agents, contractors, assigns and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by UAFRIK as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred. You agree to defend, indemnify and hold harmless UAFRIK and its affiliates, group of companies or assigns and from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to any breach by you of these Terms and Conditions or any other terms and conditions on the Website.
    2. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UAFRIK OR ANY OF ITS AFFILIATES, GROUP COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, ASSIGNS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF UAFRIK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
      • THE USE OF OR INABILITY TO USE THE WEBSITE;
      • YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE;
      • YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO UAFRIK;
      • THE PROVISION OF SERVICES BY UAFRIK; OR
      • ACTS OR NEGLIGENCE ON THE PART OF UAFRIK.

      IN NO EVENT WILL UAFRIK BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

      GENERAL TERMS & CONDITIONS


      1. If any provision of these Terms and any other terms and conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and any other terms and conditions shall remain in full force and effect. The failure of UAFRIK to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit UAFRIK’s rights with respect to such breach or any subsequent breaches.

       

    3. These terms and any other terms and conditions shall be governed by the laws of Ghana and any disputes shall be subject to the exclusive jurisdiction of courts in Ghana.
    4. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you, UAFRIK and PERFNET as a result of your use of this Website.
    5. A reference to the Website in these Terms and Conditions includes the website URL uafrik.comand any successor website URLs.
    6. These Terms constitute the entire agreement between you and UAFRIK with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, and shall not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.
    7. UAFRIK shall be not held liable for any delay or failure in performance of any part of these Terms and Conditions from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, trade sanctions, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.

     

    CUSTOMER CARE


    For special references, inquiries, complaints or general comments and concerns, our customer support unit can be accessed through:

    The Customer Service Manager

    P.O. Box CT 11326, Cantonment, Accra – Ghana

    Phone: +233 560 999 371/2

    Email: support@uafrik.com

    Time: Mon – Sunday (00:00 – 23:59)

     

    Thank you for your cooperation. We hope you find this Website helpful and convenient to use.