Terms and Conditions
About Ricafrica.com, LLC (“Ricafrica”)
The Ricafrica.com web site (“Ricafrica.com”) located at www.ricafrica.com, is copyrighted work belonging to Ricafrica.com, LLC. Ricafrica provides an online store for a variety of products made in Africa.
Ricafrica, has established policies to create positive and uplifting experiences for users and visitors. Ricafrica refers to these policies as our Terms and Conditions. All users and visitors of Ricafrica should familiarize themselves with our Terms and Conditions. Make sure you read, understand, and regularly check our Terms and Conditions as they may change. You will become bound by these provisions once you accept these Terms and Conditions. By clicking “sign in” and entering or otherwise using Ricafrica.com or mobile applications, you agree to and accept these Terms and Conditions. Please read the Terms and Conditions carefully as you are agreeing to be bound by them. If there are any Terms and Conditions on Ricafrica.com website you do not understand, please inquire with us before using the website. You can contact us at info@ricafrica.com.
Ricafrica reserves the right to update these Terms and Conditions without prior notice. You agree that Ricafrica may notify you of any updated Terms and Conditions by posting them on our Ricafrica.com, and that your use of Ricafrica.com after the effective date of the updated Terms and Conditions constitutes your agreement to the updated Terms and Conditions. Therefore, you should review these Terms and Conditions and any updated Terms and Conditions before using Ricafrica.com. The updated Terms and Conditions will be effective as of the time of posting, or until such later date as may be specified in the updated Terms and Conditions, and will apply to your use of Ricafrica.com from that point forward. These Terms and Conditions will govern any disputes arising before the effective date of the updated Terms and Conditions.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH RICAFRICA. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR — USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE, LISTING, SALE OR — USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR — USE THIS WEBSITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR — USE THE WEB SITE, SIGN UP FOR AN ACCOUNT, OR PURCHASE PRODUCTS OR LIST PRODUCTS FOR SALE THROUGH THE WEB SITE.
THE FOLLOWING CONCERNS AUTHORIZED AND PROHIBITED — USES OF RICAFRICA.COM SERVICES
Using Ricafrica.com
You acknowledge and agree that your use of Ricafrica.com is for your personal use and not for advertising or commercial purposes. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Ricafrica.com for any such damages, and will indemnify Ricafrica.com in the event of any claims against Ricafrica.com based on or arising from your violation of the foregoing. Ricafrica reserve the right to revoke your access to any Ricafrica.com Services, products or properties at any time. All information about Sellers is confidential and for your personal use only. If it is determined or suspected by Ricafrica.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Ricafrica.com services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Ricafrica.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
In connection with using Ricafrica.com you will not:
- post, list or upload content or items in inappropriate categories or areas on our Ricafrica.com;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use Ricafrica services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- reference your contact information or ask a buyer or seller for their contact information in the context of buying or selling outside of Ricafrica.com
- use Ricafrica.com to recreate or compete with Ricafrica.com, to solicit or harass Sellers, or for any other purpose not contemplated herein
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Ricafrica.com or the interests or property of users;
- use robots, spiders, scripts, scrapers, crawlers, data mining tools, data gathering and extraction tools, or any automated or manual equivalent (e.g., by hand) means to access or copy/collect Ricafrica.com content for any purpose, except with the prior express permission of Ricafrica;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Ricafrica application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Ricafrica. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Ricafrica or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any Ricafrica application or any information or software associated with such application, except with the prior express permission of Ricafrica;
- harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services.
Ricafrica.com Accounts
Signing up for an Account:
In order to use certain features of Ricafrica.com (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Web site, you must register for an account with Ricafrica.com (“Ricafrica Account”) and provide certain information about yourself as prompted by the Ricafrica registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Ricafrica.com does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your Ricafrica Account at any time, for any reason. Deactivating your account does not release you of any outstanding obligations including, but not limited to fulfilling orders and completing transactions. Ricafrica may suspend or terminate your Ricafrica Account.
Managing your Ricafrica Account:
You are responsible for maintaining the confidentiality of your Ricafrica Account login information. You are fully responsible for all activities that are associated with your Ricafrica Account (including but not limited to any purchases, listings, sales, use of the Web site, or correspondence from your account to Ricafrica, Ricafrica visitors, and Ricafrica members). You agree to immediately notify Ricafrica of any unauthorized use or suspected unauthorized use of your Ricafrica Account or any other breach of security. When you provide Ricafrica with such notice, Ricafrica will suspend or otherwise secure your Account to prevent future unauthorized activity. Account holders may not transfer their Ricafrica.com account and user ID to another party without our consent.
Content
Content that you post using our Services is Your Content (“Your Content”). Ricafrica does not make any claim to Your Content. That includes anything you post using our Services such as like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc., are solely your responsibility and Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. By posting Your Content through our Services, you grant Ricafrica a license to use it. Ricafrica does not claim any ownership to Your Content, but we have your permission to use Your Content to operate and grow Ricafrica.com. By posting Your Content, you grant Ricafrica a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Ricafrica, Ricafrica.com, or the Services in general, in any formats and through any channels, including across any Ricafrica.com Services or third-party website or advertising medium. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at info@ricafrica.com. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
Buying:
By making a purchase from Ricafrica.com, you agree that you:
- Have read the item description and shop policies before making a purchase;
- Have submitted appropriate payment for item(s) purchased; and
- Have provided accurate shipping information to the sellers of each item purchased.
Shipping:
Order processing generally takes 1 to 3 business days. Packages are shipped via USPS first class mail which takes 1 to 3 business days within the US, although we cannot guarantee this.
Resolving Problems with Orders:
Please contact us at info@ricafrica.com if you have any problems with your order.
Cancelling Orders:
Buyers can cancel a transaction within 24 hours of purchasing the item(s) or before the item(s) have shipped (whichever comes first), even if they already paid for the purchase.
Returning Orders:
We accept returns for most items, excluding face masks and beauty products that have been opened. Returns and exchanges must be requested within 7 days of delivery of the order. Items can only be returned if they are in the same (new) condition as we send them. Please send us an email at info@ricafrica.com to request a return/exchange. If your request is accepted you must return your order within 7 days of the acceptance. Once we confirm that the returned item(s) is in new condition, we will process your refund or exchange. Please note that shipping costs are non-refundable and you are responsible for return shipping costs.
Exchanges and Returns:
If you are not satisfied with your order it can be exchanged or returned within 7 days of the delivery date. Returned items must be in the same condition in which they were received and should be unused.
Refunds:
Refunds issued to non-US credit cards can take up to 30 days to appear. A credit card refund can only be issued to the card used for the original purchase. It’s not possible to have your refund issued directly to a different card. If the original card used for payment is no longer valid and a replacement card has been issued, the refund should appear automatically on your new card. If a replacement card hasn’t been issued, please get in touch with your credit card provider for more information about how to receive your refund.
Electronic Communication
When you use any Ricafrica.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Ricafrica platforms, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disputes with Ricafrica.com
If you have any problems with us, please let us know. We will do our best to resolve issues you may have. Otherwise, these rules will govern any legal dispute involving our Services:
Governing Law:
The Terms are governed by the laws of the State of Illinois, 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.
Arbitration:
You and Ricafrica.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them by calling the AAA at 1–800–778–7879). Arbitration 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 under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Ricafrica.com are each waiving the right to trial by jury or to participate in a class action or class arbitration. 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. 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.
Forum:
Ricafrica is based in Chicago, Illinois, United States, therefore any legal action against Ricafrica.com related to our Services must be filed and take place in Chicago. That includes the seat of any arbitration shall be Chicago.
Disclaimer of Warranty:
THE SITE, IT’S CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER RICAFRICA NOR ANY PERSON ASSOCIATED WITH RICAFRICA MAKES ANY WARRANT OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY OF ITEMS ON THE WEBSITE OR AVAILABILITY OF THE WEBSITE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, SUCH AS IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, RICAFRICA EXCLUDES ALL WARRANTIES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM YOUR — USE OF THE MARKETPLACE OR ANY PRODUCTS OBTAINED THROUGH THE MARKETPLACE. INFORMATION ON THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH RICAFRICA TAKES NO RESPONSIBILITY.
LIMITATION ON LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF RICAFRICA.COM AND IT”S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS, COLLECTIVELY) DISCLAIM ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR — USE OF, OR INABILITY TO MAKE — USE OF, THE MARKETPLACE, THE PRODUCTS, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR — USE OF, OR INABILITY TO MAKE — USE OF, THE MARKETPLACE OR THE PRODUCTS (INCLUDING ANY (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) FRAUD, (III) LOSS OF INFORMATION, PROGRAMS OR DATA, (IV) LOSS OF — USE, (V) PERSONAL OR PROPERTY DAMAGE, (VI) FINES, FEES, PENALTIES, OR (VII) ANY OTHER LOSSES OR DAMAGES, WHETHER OR NOT RICAFRICA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR — USE OF, OR YOUR INABILITY TO MAKE — USE OF, THE MARKETPLACE OR THE PRODUCTS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST RICAFRICA AND RICAFRICA INDEMNITEES FROM ANY AND ALL LIABILITY FOR CLAIMS, COSTS, AND EXPENSES (INCLUDING LITIGATION COSTS AND LEGAL FEES) OF ANY KIND AND NATURE ARISING FROM OR IN ANY WAY RELATED TO THE MARKETPLACE, THE PRODUCTS, OR THIS AGREEMENT.
RICAFRICA RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT RICAFRICA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR LOSS DUE TO DISCONTINUANCE OF THE RICAFRICA.COM.