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Terms and Conditions

Effective Date: 26th day of January 2022

Introduction

These terms and conditions shall govern the use as well as the sale and purchase of products through our website https://betiku.africa. This Site is owned and operated by Betiku Africa LLC.

By using this Site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times. This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

Interpretation

In these terms and conditions:

(a)    “we” means Betiku Africa LLC and its representatives; and

(b)    “you” means our customer or prospective customer,

        and “us”, “our” and “your” should be construed accordingly.

Order process

The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.

To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

  • if you are a new customer, you must then create an account with us and log in;
  • if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document;
  • if you are a one-time customer, you must ensure that your details are correctly filled and you must consent to the terms of this document before we can proceed with your order;

you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

You will have the opportunity to identify and correct input errors prior to making your order during our site checkout process.

Products

The following types of products are or may be available on our website from time to time: Art Pieces, Paintings, sculpts, bronze or metal works, paper art works, pottery, ceramics, fabrics and cultural accessories, weavings and all other such items that are found on the African Continent or made by African creatives.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

Prices

Prices for goods are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated on our website are stated inclusive of VAT OR exclusive of VAT depending on your geographic location.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

In addition to the price of the products, you will OR may have to pay for shipping costs delivery charge, which will be notified to you before the contract of sale comes into force.

Payments

You must, during the checkout process, pay the prices of the products you order.

Payments may be made through any of our payment partner processors

Failure to pay the stipulated price under these terms and conditions in accordance with the provisions of these terms and conditions, may result in withholding the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of USD 50.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section.

Shipping & Delivery Policy

Our policies and procedures relating to the delivery of products are set out in this Section.

We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

We will use reasonable endeavours to deliver your products on or before the deadline specified for the product category, however, we do not guarantee delivery by this date due to exigencies that may arise.

We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 3 days following the later of receipt of payment and the date of the order confirmation.

We curently deliver to over 220 countries globally in partnership with our logistics delivery company. Please visit this link to see the locations we currently deliver to

Cancellation Policy

We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay via the appropriate channels, on time and in full, any amount due to us under that contract; or

(b)    you commit any legitimate breach of that contract.

You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.

We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

If a contract under these terms and conditions is cancelled in accordance with any of the terms described in this section above:

(a)    we will cease to have any obligation to deliver products that are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products that have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).

Return Policy

This Section applies if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

We take special care to ensure that before your order ever ships to you we ensure that its quality and integrity are preserved. if for any reason, your order is not as described or is lacking compared to what is described on our platform, we offer the following return options under these circumstances

  • Good is broken or significantly damaged;
  • Good does not match the description; or
  • Good is the wrong size.
  • Good fails integrity test ( in this case, you grant us the exclusive rights to cancel the order on your behalf before it ever ships to you)
  • Exigencies beyond our control

You may begin a return request via our website’s return ticket document which will be shared once you or cancel a contract entered into with us through our website with full order details (explaining a reason for your withdrawal or cancellation) at any time within the period:

(a)    24 hours timeframe of placement of order (return request)

(b)    A return request ending at the end of 1 day after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or if the contract is for delivery of multiple products, lots or pieces of something, 3 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

In order to withdraw an offer to contract or cancel an order on the basis described in this Section, you must inform us of your decision to return or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision.

In the case of a return, you may inform us using the cancellation form that we will make available to you in the confirmation email once an order has been successfully placed. To meet the return deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the return window period has expired. If a return request is placed once the return window period has expired, associated costs including but not limited to logistics may be incurred by the customer.

If you cancel a contract on the basis described in this Section, you must send the products back to us as specified on the cancellation form or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section without undue delay and in any event not later than 3 days after the day on which you inform us of your decision to cancel the contract.

9.5    If you cancel an order in accordance with this Section, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section.

If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

We will refund money using the same method used to make the payment, unless both parties have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

We will process a refund due to you as a result of a cancellation on the basis described in this Section within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

You will not have any right to cancel a contract as described in this Section 9 in so far as the contract relates to:

(a)    the supply of any goods that have exceeded the cancellation window

(b)    [the supply of goods which are liable to deteriorate or expire rapidly];

(c)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised such as by measurement or otherwise;

(d)    [the supply of goods which are, according to their nature, inseparably mixed with other items after delivery].

Warranties and representations

You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading;

(d)    you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy stated above; and,

(e) you are above 18 years of age, as of the time you entered into a contract with us.

We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to our Limitations and exclusions of liability clause in this document, all other warranties and representations are expressly excluded.

Limitations and exclusions of liability

11.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

(a)    are subject to our Limitations and exclusions of liability clause; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

Betiku Africa LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

By using this Site you indemnify and hold harmless Betiku Africa LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a)    the total amount paid and payable to us under the contract.

Scope

These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products or custom applications.

These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

Variation

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions[ – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions].

You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these terms and conditions.

No waivers

No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

Severability

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

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third-Party Rights

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

The exercise of the parties rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire Agreement

These terms and conditions together with our Privacy Policy shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

Applicable Law

These terms and conditions shall be governed by the laws of the State of Delaware.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Betiku Africa LLC are unable to resolve any dispute through informal discussion, then you and Betiku Africa LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Betiku Africa LLC.

Statutory and regulatory disclosures

We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

Contact Information

Please contact us if you have any questions or concerns. Our contact details are as follows:

(a) 256 Chapman Road, 19702, Newark, Delaware, United States

(b) You can also contact us by sending a mail to [email protected]