Afalcon Luxe Limited Company

General Terms and Conditions of Use of the Online Store

1. Introduction

1.1. ”Afalcon Luxe” is the trading name for Afalcon Luxe Limited Company. Afalcon Luxe Limited Company (“Afalcon Luxe”, “we”, or “us”) operates an e-commerce platform consisting of a website and mobile application (the “online store”), together with supporting IT, logistics and payment infrastructure, for the sale of our consumer products and services (“products”) in our allocated territory as defined at section 25 (“territory”).

1.2. These general terms and conditions shall apply to all buyers on the online store and shall govern your use of the online store and related services.

1.3. By using our online store, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our online store.

1.4. If you use our online store in the course of a business or other organizational project, then by so doing you:

1. confirm that you have obtained the necessary authority to agree to these general terms and conditions;
2. bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
3. agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context requires otherwise.

2. Registration and account

2.1. You may not register with our online store if you are under 18 years of age (by using our online store or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

2.2. If you register for an account with our online store, you will be asked to provide an email address/user ID and password and you agree to:

1. keep your password confidential;
2. notify us in writing immediately (using our contact details provided at section 25) if you become aware of any disclosure of your password; and
3. be responsible for any activity on our online store arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.

2.3. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

2.4. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same. See section 4.2 below for further information about refunds.

2.5. You may cancel your account on our online store by contacting us as provided at section 25.

3. Terms and conditions of sale

3.1. You acknowledge and agree that:

1. the online store provides a location for you to purchase products directly from us, Afalcon Luxe;
2. we are the seller of all products available for purchase on the online store; and
3. a contract for the sale and purchase of a product or products will come into force between you (the buyer) and us (Afalcon Luxe), upon your confirmation of purchase via the online store.

3.2. The following provisions are incorporated into the contract of sale and purchase between you and Afalcon Luxe:

1. the price for a product will be as stated in the relevant product listing;
2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
3. delivery charges, packaging charges, handling charges, and other ancillary costs, where applicable, will only be payable by you if this is expressly and clearly stated in the product listing;
4. products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products we supply or make available to you;
5. we warrant that we have good title to the products and that the products are not subject to any third-party rights or restrictions.

4. Returns and refunds

4.1. Returns of products shall be managed by us in accordance with the returns policy page on the online store, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.

4.2. Refunds in respect of returned products shall be managed in accordance with the refunds policy page on the online store. We may offer refunds, in our discretion:

1. in respect of the product price;
2. in respect of shipping fees (as stated on the refunds page); and
3. by way of store credits, vouchers, mobile money transfer, bank transfers or such other methods as we may determine.

4.3. Changes to our returns or refunds pages shall be effective in respect of all purchases made from the date of publication of the change on our website.

5. Payments

5.1. You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the online store.

6. Store credit

6.1. Store credits may be earned and managed in accordance with the Afalcon Luxe Store Credit Terms and Conditions, as may be amended from time to time. Afalcon Luxe reserves the right to cancel or withdraw store credit rewards for any reason in its discretion, including if we suspect fraud or foul play.

7. Promotions

7.1. Promotions and competitions run by Afalcon Luxe shall be managed in accordance with the applicable Promotions Terms and Conditions, which can be viewed on our website or mobile application.

8. Product Reviews and User Content

8.1. In these terms and conditions, “your content” means any text, images, reviews, comments, questions, or other materials you submit or post to the online store.

8.2. You grant to us the right to use, reproduce, and publish your content in relation to our business. Your content, and our use of it, must be accurate and truthful.

8.3. The review function on the online store is provided to facilitate your honest reviews on products. You shall not use the review function to provide inaccurate, inauthentic, or fake reviews.

8.4. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be offensive, obscene, deceptive, threatening, abusive, or hateful.

8.5. We reserve the right to edit or remove any material submitted to our online store.

9. Our rights to use your content

9.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on our online store, across our marketing channels, and in any existing or future media.

9.2. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law.

10. Use of website and mobile applications

10.1. In this section, the words “online store” and “website” shall be used interchangeably to refer to Afalcon Luxe’s websites and mobile applications.

10.2. You may view, download for caching, and print pages from our website for your own personal use, subject to the restrictions set out in these terms and conditions.

10.3. You may only use our website for your own personal and business purposes in respect of purchasing products from our online store.

10.4. You must not use our website in any way that causes, or may cause, damage to the website or impairment of its performance, availability, or security, nor use it for any unlawful, illegal, fraudulent, or harmful purpose.

11. Copyright and trademarks

11.1. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website, and all such rights are reserved.

11.2. Afalcon Luxe’s logos and our other trademarks belong to us; we give no permission for their use, and such use may constitute an infringement of our rights.

12. Data privacy

12.1. You agree to the processing of your personal data in accordance with the terms of Afalcon Luxe’s Privacy Notice and Cookie Notice.

12.2. Afalcon Luxe shall process all personal data obtained through the online store and related services in accordance with the terms of our Privacy Policy.

13. Due diligence and audit rights

13.1. We operate an anti-fraud compliance program and reserve the right to perform due diligence checks on users of the online store, including verifying your identity to prevent fraudulent transactions.

13.2. You agree to provide us with information and documentation as we may reasonably require for these purposes.

14. Our Role and Website Availability

14.1. We own and operate this online store and are the seller of all products offered for sale herein. Any issue arising from your purchase of a product should be addressed directly to us.

14.2. We do not warrant that the online store will operate without fault or remain available during events beyond our reasonable control (force majeure events), such as natural disasters, cyber-attacks, or civil unrest.

14.3. We reserve the right to discontinue or alter any or all of our online store services, and to stop publishing our online store, at any time without notice, without prejudice to your rights in respect of any unfulfilled orders.

15. Limitations and exclusions of liability

15.1. Nothing in these terms will limit any liabilities not permitted under applicable law or exclude any statutory rights that may not be excluded under applicable law.

15.2. Our aggregate liability to you in respect of any contract to provide products shall not exceed the total amount you paid to us under that contract.

15.3. We will not be liable for any business losses (such as loss of profits or revenue) or any special, indirect or consequential loss or damage.

15.4. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the online store or these terms.

16. Indemnification

16.1. You hereby indemnify us against any and all losses, damages, and costs arising directly or indirectly out of your use of our online store or any breach by you of these terms and conditions.

17. Breaches of these general terms and conditions

17.1. If you breach these terms, or if we reasonably suspect a breach, we may: temporarily suspend your access, permanently prohibit you from accessing, block your IP address, suspend or delete your account, and/or commence legal action against you.

17.2. Where we suspend or block your access, you must not take any action to circumvent such action.

18. Entire agreement

18.1. These terms and conditions, along with our policies, shall constitute the entire agreement between you and us in relation to your use of our online store and shall supersede all previous agreements.

19. Variation

19.1. We may revise these terms and conditions and our policies from time to time. The revised terms shall apply from the date of publication on the online store.

20. No waiver

20.1. No waiver of any breach of any provision of these terms shall be construed as a further waiver of any other breach.

21. Severability

21.1. If a provision of these terms is determined by any court to be unlawful or unenforceable, the other provisions will continue in effect.

22. Assignment

22.1. We may assign, transfer, or sub-contract our rights and/or obligations under these terms.

22.2. You may not without our prior written consent assign or transfer any of your rights or obligations under these terms.

23. Third party rights

23.1. A contract under these terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24. Law and jurisdiction

24.1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

24.2. Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of the territory.

25. Our company details and notices

25.1. All after-sales queries, including any disputes, should be directed to us using the contact details provided below.

25.2. You consent to receive notices electronically from us. We may provide communications by posting to our website or application, or by email to the address on your account. All such communications will be deemed to be notices in writing.