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Terms & Conditions

1.0 INTRODUCTION


 
These standard terms and conditions ("ST&Cs") govern all the sales of products to customers as offered on the website (the “Site”) www.stunningdecisions.com (the “Website”) by Stunning Decisions (the “Seller”), a Ghanaian business registered under the Business Names Act to any customer (the "Customer") and worldwide.

 

These terms and conditions ("Terms and Conditions") apply to the Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

 

2.0 USE OF THE SITE

2.1 Placing an order for Products entails the Customer's full and unreserved adherence to these ST&Cs. You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site.

2.1.1 Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These ST&Cs prevail over any contradictory provisions that may derive from the Customer. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

2.2 Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the seller and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

2.3 Certain services and related features that may be made available on the Site 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.

Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

2.4 During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

 

3.0 USER SUBMISSIONS

3.1 Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

3.2 You shall not use a false e-mail address, pretend to be someone other than you or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

 

4.0 ORDERS

4.1 The Order is placed with the Seller by the Customer by selecting one or more Products which, in accordance with the selection, the Customer places in his "Cart".

4.2 Before validating the Order, the Customer shall expressly accept these ST&Cs, by ticking the box "I have read and I accept the general conditions of sale".

  4.3 The Order is only validated after the Customer provides the information required for the successful completion of his Order and pays for it either during delivery or through mobile money transaction done through a registered number provided by the seller. 

4.3.1 This information is as follows:

  • Customer’s name, billing address, email address, telephone number
  • Delivery address and recipient’s telephone number. 

 4.4 The Customer warrants the accuracy of all this information.  Should all or part of the delivery addresses prove incorrect, thereby obliging the Seller to return the orders to its warehouse, the Customer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Orders.

4.5 The Customer's Order shall be systematically confirmed via email or a phone call, at the address indicated by the Customer when placing the Order.  This confirmation email shall include, in particular, an invoice in the Customer's name, summarising the identifying features of the Order.

 4.6 In order to track the Order, the Customer may contact the Seller within working hours to track the order.

 4.7 The Seller reserves the right to refuse an Order from a Customer with whom there is a dispute over the fulfilment or payment of a previous Order or when the Customer has not complied with these ST&Cs.  

5.0 ORDER ACCEPTANCE

5.1 There are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.


5.2 In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card.

6.0 PRODUCT DELIVERY

6.1 The Products are delivered to the delivery address indicated when placing the Order.  In order to optimise the delivery, it is advisable to provide an address to which the Order may be delivered during working hours.

6.2The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.

5.3 The delivery time for available products is five (5) working days for Accra and may vary depending on the destination which will be communicated to the customer.

5.3.1Customised hand-made products that require customer specifications may have different delivery times based on the products manufacturing process.

5.4 For deliveries outside Ghana, the Products ordered are delivered in the destination country by and under the responsibility of the Customer.  It is his (customer’s) responsibility to provide the relevant local authorities with the necessary information and to ensure that the specific formalities for importing the Products into the territory of the destination country are scrupulously complied with.  Any customs duties or local taxes are borne solely by the Customer.

5.5 The Seller is fully responsible for delivery and shipping according to the customer’s information, with the costs incurred being integral to these transactions.  Should a dispute arise on delivery, any claim must be sent within 48 hours to the seller, in addition to any reservations made to the carrier under legal conditions.

5.6 Delivery channel would be agreed upon by both the seller and the customer.  Failing delivery to the address indicated by the Customer within seven (7) working days after the scheduled delivery date indicated by the Seller, the Customer may cancel his Order by contacting the Seller at the following email address: stunningdecisions@yahoo.com or via phone call.

5.6.1 However, the seller may inform the customer in case of failed deliveries and make other delivery arrangements (in relation to these terms and conditions) suitable to the customer.

 5.6.2 However, this cancellation shall not be possible when the Seller has been prevented from making a delivery by a case of force majeure, as set out in Article 11.0 of the ST&Cs and has informed the Customer as soon as possible.

 

 

7.0 PRODUCT AVAILABILITY

7.1 The Order is placed subject to the availability of the Seller's stocks.  In case of shortage of supply, the Seller shall inform the Customer via email or phone call of the additional delay associated with a new supply, partial delivery or cancellation of the Order. 
7.1.1 On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.

7.2  In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honouring the Order.  Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order, including the corresponding postage costs.  The same shall apply for any additional delivery costs due to this cancellation.

 

8.0 PRODUCT COMPLIANCE

8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed.  This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes. 

8.2 If necessary, the Customer shall make his clear and precise reservations on the carrier's slip. Simultaneously, the Customer shall also send a copy of the letter to the Seller by registered letter with acknowledgement of receipt.

8.3 Should the Product delivered to the Customer not comply with the Order, the Customer may return it to the Seller.

8.4 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller: 

  • either to have a Product delivered which complies to the one ordered (provided it is in stock);
  • or to have a Product of equivalent quality and value delivered (provided it is in stock);
  • or to be refunded for the price of the Product within thirty (30) days of his claim.

 

8.5 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product shall be borne by the Seller.

 

 9.0 PRICING


9.1 We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. In such cases, we reserve the right to refuse or cancel any order.

9.2 In the event that an item is mispriced, we may, at our own discretion, either contact the customer for instructions or cancel the order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

 

10.0 LIABILITY

 

10.1 The Seller disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author...).

10.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.

10.3 In any case, the amount of the Seller's liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer. 

10.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.

 

11.0 FORCE MAJEURE

 

11.1 The Seller cannot be held liable for failure to fulfil one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.

11.2  In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.

 

12.0 TRADEMARKS AND COPYRIGHTS

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Ghanaian copyright laws and international conventions. All rights are reserved.

 

13.0 ARBITRATIONS

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration under the Alternative Dispute Resolution Act 2010, Act 798 in Ghana.

 

14.0 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions shall be interpreted and governed by the laws in force in Ghana. Each party hereby agrees to submit to the jurisdiction of the Ghanaian courts and to waive any objections based upon venue. www.stunningdecisions.com is operated by Stunning Decisions, a business registered in Ghana.

 

15.0 TERMINATION

15.1 In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions 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 Site 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 this Site 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.

15.2 Furthermore you agree that the Site 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 Site or with any terms, conditions, rules, policies, guidelines, or practices of our Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.