SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, and in using the Service you must not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – PRODUCT SALES
3.1 By placing an order using African Pride and the Service, you make a binding offer for a contract of sale or, as applicable, a contract for work and materials with African Pride only (no contract exists between you and any shop owner or third party). African Pride sends an order confirmation by email to you. This order confirmation acknowledges receipt of your order but does not constitute acceptance. Your offer is accepted only when African Pride confirms that production has completed in a second email. African Pride cannot guarantee the continued availability of any product or design found on the site.
3.2 Any information, drawings, figures, technical data, weight and measurement specifications, or service descriptions contained in brochures, catalogues, newsletters, advertisements, or price lists are provided for informational purposes only. African Pride cannot guarantee the accuracy of this information. If there is any inconsistency between such information and the information in an order confirmation email, the order confirmation email will control.
3.3 African Pride reserves the right to reject orders for any reason or no reason. If African Pride rejects an order, it will notify you.
3.4 African Pride’s performance of an order is completed when the shipment provider records delivery to the shipping address you provided. If there is an interruption of delivery and African Pride cannot replace the order within a reasonable time, African Pride will notify you.
3.5 If there is a product defect or if you are dissatisfied with your order for any reason, African Pride’s return and refund policy will apply. African Pride may update or change its return policy at any time in its sole discretion.
SECTION 4 – DELIVERY & SHIPMENT
4.1 African Pride will ship orders within two weeks of the order date. Typically, goods are shipped within a few days and typical delivery times are 3–7 days, but in some circumstances shipment and delivery may take up to three weeks. You and African Pride may agree separately in writing to more specific delivery times or terms (for example, express shipping).
4.2 African Pride will arrange delivery using a shipment service provider of its choice. You are responsible for standard shipping costs, which may vary based on order value and destination. Shipping costs are displayed at checkout.
SECTION 5 – PRICES
5.1 In the United States, all prices displayed on African Pride are net prices and do not include sales taxes. Shipping and handling charges are billed and shown separately at checkout (or on invoices, where applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
5.2 For customers ordering from outside the United States and Canada, product prices are final prices including VAT where applicable. If, under local law, the goods are subject to sales taxes, import duties, brokerage fees, or other taxes or fees in the recipient’s country, and these amounts are not collected at checkout, you are solely responsible for paying such taxes and fees.
5.3 You must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
SECTION 6 – PAYMENT
6.1 You may be able to pay by direct debit, credit card, advance payment, or other payment methods. African Pride reserves the right to limit available payment methods based on order value, shipment destination, or other objective criteria.
6.2 If you select a payment method or provide payment information that makes it impossible or impractical for African Pride to receive payment (for example, insufficient funds or incorrect payment details), through no fault of African Pride, you agree that African Pride may add an additional charge to your order to recoup costs associated with processing or attempting to process such transaction.
6.3 African Pride may engage third parties to process payments.
6.4 If you fail to pay, African Pride may assign its claims to a debt collection agency and transfer the personal data required for payment collection to such third parties.
SECTION 7 – TITLE TO PRODUCTS
Until African Pride receives full payment for an order and the order is shipped, title to the goods remains with African Pride. When the goods are transferred to the carrier, title and risk of loss pass to you. You should handle products with care until ownership has fully transferred (for example, in the case of a product return).
SECTION 8 – DISCLAIMERS
8.1 African Pride provides the site and Service on an “as is” and “as available” basis. African Pride does not represent or warrant that the site or Service or their use: (i) will be uninterrupted, timely, secure, or error-free; (ii) will be free of inaccuracies, errors, or vulnerabilities; (iii) will meet your expectations or requirements; or (iv) will operate with your hardware or software configuration. African Pride disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law, except as otherwise provided in this agreement.
8.2 You agree that African Pride has no responsibility for any damages suffered by you in connection with the site or Service. Use of the site and Service, including all content, data, or software distributed by, downloaded, or accessed from or through the site and Service, is at your sole risk. You are solely responsible for any damage to your business, computer system, or loss of data resulting from your use of the site and Service. African Pride does not control or endorse any information, products, or services offered by third parties through the site and Service and is not responsible for any representations or warranties such third parties may make.
8.3 Due to normal industry changes and technical production processes, African Pride may reasonably deviate from descriptions and information provided in brochures, catalogues, and other documents with respect to materials, colors, weights, measurements, designs, or other features.
8.4 African Pride may use subcontractors or third parties to provide certain aspects of the site and Service. You agree that African Pride will not be liable to you for your use of such services.
SECTION 9 – LIMITATION OF LIABILITY
9.1 You use African Pride and the Service at your own risk. African Pride provides its site and Service without any express or implied warranties (see Section 8.1). African Pride is not responsible for the actions, content, information, or data of third parties. You release us and our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against African Pride or any related third parties. If you are a California resident, you waive California Civil Code § 1542, which states in full: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
9.2 African Pride is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site, Service, or any agreement between you and African Pride, even if advised of the possibility of such damages. African Pride’s aggregate liability arising out of or in connection with the site, Service, or any agreement between you and African Pride will not exceed the lesser of $100 or the amount of cash actually exchanged between you and African Pride within the past six months. Some jurisdictions do not allow limitations or exclusions of liability; in such cases, African Pride’s liability will be limited to the fullest extent permitted by law.
SECTION 10 – USER REPRESENTATIONS AND WARRANTIES; AFRICAN PRIDE’S RIGHT TO REFUSE PERFORMANCE
10.1 If you upload designs or modify products in any way (for example, by adding custom text), you represent and warrant to African Pride that you have all necessary rights (including trademark, copyright, privacy, publicity, and common law rights) to use such designs or text without infringing any third-party rights. African Pride may, in its sole discretion, refuse to print any design or text you submit, but is not obligated to review your submissions.
10.2 You agree to (i) indemnify and (ii) release African Pride from all liability (including costs and attorneys’ fees) for claims relating to alleged or actual infringement of third-party rights or violations of law arising from your use of African Pride and the Service. If you are a shop owner with African Pride, we may offset amounts in your shop owner account to satisfy indemnification obligations under this paragraph.
SECTION 11 – DATA PROTECTION
African Pride collects and uses your information in accordance with its Privacy Policy. You acknowledge that you are responsible for securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for all actions taken using your user account.
SECTION 12 – DISPUTE RESOLUTION
12.1 The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) will be governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to conflict of law rules. Any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Boston, Massachusetts, except that African Pride may seek injunctive or other appropriate relief in any state or federal court in Massachusetts if you have violated or threatened to violate the intellectual property rights of African Pride or a third party, or any term of any agreement you have with African Pride.
The parties agree that arbitration will be conducted by an alternative dispute resolution provider mutually agreed upon, or if the parties cannot agree, through the American Arbitration Association; that claims will be conducted on an individual basis and not as a class, consolidated, or representative action; and that any judgment on the award rendered by the arbitrator will be final, binding, and enforceable in any court of competent jurisdiction.
12.2 If any action or claim is filed in contravention of the arbitration terms in Section 12.1, the parties agree to personal jurisdiction and venue in the state and federal courts of Suffolk County, Massachusetts, and both parties waive the right to a jury trial. Any claim brought contrary to Section 12.1 is improperly filed, and the non-filing party is entitled to recover attorneys’ fees and costs incurred in seeking dismissal after providing written notice of the improperly filed claim.
SECTION 13 – DIGITAL MILLENNIUM COPYRIGHT ACT
African Pride will respond to legitimate requests made under the Digital Millennium Copyright Act (“DMCA”) and reserves the right to deny service to any user if, in African Pride’s sole discretion, the user’s content or usage poses a risk of alleged infringement of another’s intellectual property rights. If you believe that user content on African Pride and the Service infringes your copyrights, you may submit a properly formatted DMCA request (see 17 U.S.C. § 512) to African Pride’s DMCA agent according to the instructions provided at the applicable link. For DMCA inquiries, you may email: support@africanpride.co.
SECTION 14 – TERMINATION OF ACCESS
14.1 African Pride may refuse to provide the site and Service to you, in whole or in part, effective immediately and without notice, for any reason or no reason. This includes situations where African Pride believes you (or those acting in concert with you) have violated or will violate any law, right, or term (or the spirit of any term) of any agreement you have with African Pride, its affiliates, partners, or users, or where your use of the site and Service may create any risk (including legal risk) for African Pride, its affiliates, partners, or users. Limitation of access may include removal or modification of content you have uploaded or sent through the site and Service.
14.2 If African Pride exercises its rights under Section 14.1, or if you delete your account, this agreement and any other agreements you have entered into with African Pride will survive indefinitely unless and until terminated according to their terms.
SECTION 15 – MISCELLANEOUS
15.1 Entire Agreement. This agreement (together with other policies and terms found on African Pride and the Service) constitutes the entire agreement between the parties and supersedes all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties acknowledge that they have not relied on any representations or promises relating to the subject matter of this agreement other than those set forth herein.
15.2 Relationship of Parties. This agreement and related agreements do not create a joint venture, partnership, agency, employment, or fiduciary relationship between the parties, except where expressly stated. Neither party nor its agents have authority to bind the other party. The relationship is that of independent contractors or buyer and seller, as applicable.
15.3 Successors, Assignment, and Delegation. This agreement binds and benefits the parties and their successors, assigns, heirs, executors, and administrators. You may not assign or delegate any right or obligation under this agreement without African Pride’s written consent. Any attempted assignment or delegation without consent is null and void. In the event of an involuntary assignment, African Pride may request documentation from your successors or estate to verify such assignment.
15.4 Means of Notice. Written notices and communications may be provided electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and waive objections relating to not having received notices due to incorrect or incomplete information.
15.5 Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect. If a provision is held invalid or unenforceable in certain circumstances, it will remain valid in all other circumstances.
15.6 Waivers. Waivers are only effective if in writing. If African Pride waives enforcement of a breach of any term of this agreement, subsequent breaches of the same or other terms are not waived. Accepting late performance or late fulfillment of a condition is not a waiver of the act or condition itself.
15.7 Interpretation Rules. The term “or” when used in a group of phrases or nouns is intended to include any combination of all or any of the items in the group, and not merely one or the other. “Includes” or “including” introduces a non-exhaustive list. Headings are for convenience only and do not affect interpretation.
15.8 Conflicts. If this agreement conflicts with another agreement between you and African Pride, the other agreement will control only to the extent of the inconsistency. Otherwise, its terms are supplemental to this agreement.
15.9 Reservation. African Pride reserves all rights not expressly granted in this agreement.
15.10 No Third-Party Beneficiaries. This agreement is not intended to and does not confer any rights or remedies upon any person other than the parties.
15.11 Minimum Age. Persons under the age of 13 may not use the site. African Pride will not knowingly collect, use, or disclose personal information from anyone under 13.
15.12 Retroactive Application. You agree that your acceptance of this version of the agreement (and all incorporated agreements) applies retroactively to your use of the site and Service prior to the effective date of this agreement.
SECTION 16 – LINKED WEBSITES
This website may contain links to other websites (“linked websites”). These links are provided for your convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices of linked websites. Our inclusion of links does not imply endorsement, approval, or recommendation of the owners, operators, content, products, or services of such linked websites, unless explicitly stated otherwise.
SECTION 17 – PRIVACY POLICY
Your privacy is very important to us. Users of our website should refer to our Privacy Policy, which is incorporated into these Terms by reference, for information about how we collect, use, and protect personal information.