TAC

terms & conditions

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QUOTE

When there is no enemy within, the outside cannot hurt you

~ African proverb

Definitions
“Seller/we/our/us" means The African Calendar, with its place of business at Fregat 215, 1113 EG Diemen, registered at the Dutch Chamber of Commerce under number 66574897.

“Customer” means the person or company to whom this document is addressed.

“International Customer” shall mean, “Customer” from outside the Netherlands.

“Website” shall mean, www.theafricancalendar.com or any other subdomains of theafricancalendar.com which may be accessible unless expressly excluded by their own terms and conditions.

“Gift shop” shall mean the method by which the Customer browses and purchases the products from The African Calendar, being the Website and/or the App.

“Order” shall mean the submission of an order for products on the “Gift shop” by the “Customer”.


General

  1. These terms and conditions are applicable to the supply of products and merchandise made by the Seller, hereafter referred as The African Calendar as a brand, to the buyer hereafter referred as the Customer.
  2. The gift shop is for use by individuals age 18 and over. You should not use the gift shop if you are under this age.

Price

  1. The prices of the goods will be as quoted on the online gift shop from time to time. We take reasonable care to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system. However if we discover an error in the Price of (a) Product(s) you ordered, please see clause 2.4 for what happens in this event.
  2. Prices for our goods may change from time to time, but changes will not affect any order which we have confirmed. Clause 2.4 is applicable if orders have not been confirmed.
  3. All prices are quoted in Euro’s or any currency supported by us and include VAT (where applicable) at the applicable current rate chargeable in the Netherlands for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the products in full before the change in VAT takes effect.
  4. The online gift shop contains a number of products. It is always possible that, despite our reasonable efforts, some of the products on the online gift shop may be incorrectly priced. If we discover an error in the price of the products you have ordered we will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the products to you at the incorrect (lower) price.

Payment

  1. Payments may be made by one of the following payment methods unless otherwise specified:
    Major credit cards as listed: Visa, MasterCard, American Express, Maestro, and Visa Electron
    Other payment methods: Paypal and Ideal or Direct Bank Transfer, Afterpay and paying in terms with Klarna.
  2. You may select to view the price of the products on our online gift shop in any currency supported by us and the relevant exchange rate at the date you make payment shall be applied on checkout so payment is received by us in Euro’s.
  3. Any discount or other promotional codes issued by The African Calendar from time to time are strictly subject to the individual terms and conditions with which they were issued, which may include, amongst other things, eligibility of use and maximum order value. Certain products may be excluded and you will not be able to use discount codes in respect of such brands/products.
  4. We reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order). Discount codes are non-transferable and bear no cash value. Any discount code sent to you by email or any other method is confidential and the Customer shall not share this with any other person.

Passing of property

  1. The African Calendar shall retain the property of the goods until full payment has been made by the Customer and has been received. The Customer will own the goods once full payment has been received by The African Calendar.

Orders

  1. All Orders are subject to acceptance and availability. Upon placing an Order with The African Calendar, the Customer will receive an order acknowledgement and subsequent update email(s). Receipt of the acknowledgement and these emails does not confirm that the Order has been accepted by The African Calendar. Order acceptance and the creation of the agreement between The African Calendar and the Customer will start at the time the products ordered by the Customer are dispatched from The African Calendars warehouse to be delivered to the address supplied by the Customer.
  2. The African Calendar will take all reasonable care in accordance with applicable laws, in so far as in its power to do so, to keep the details of the Customer’s Order and payment secure, but in the absence of negligence on its part (and, subject to applicable laws, including laws relating to data protection and privacy) The African Calendar cannot be held liable for any loss suffered by the African Calendar if a third party procures unauthorized access to any data you provide when accessing or ordering from the online gift shop. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the online gift shop; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
  3. Products purchased from The African Calendar are not for re-sale or distribution unless it is negotiated in an agreement with The African Calendar.

Delivery

  1. Any date or period for delivery shall be considered as indicative only. It is our policy to try to dispatch all orders within 3 working days, pre orders will be delivered before December 15th, 2021. Any products not available at the time of your order will be sent to you, as soon as possible, when received from the supplier. If there are delays in the delivery caused by the supplier, the carrier or any other third party then The African Calendar will contact you as soon as possible to let you know and, provided we do this, we will not be liable for such delay.
  2. If you order goods from the online gift shop for delivery to one of the International Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
  3. You will be responsible for payment of any such import duties and taxes.
  4. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
  5. If The African Calendar delivers your products late then you may treat the order as at an end in any of the following circumstances: (i) if The African Calendar refused to deliver the goods, (ii) if delivery within the delivery deadline was essential (taking into account all the relevant circumstances), or(iii) if you told The African Calendar before the order was accepted that delivery within the delivery deadline was essential. If you do not want to end the order, you can set another delivery deadline (which must be reasonable) and end the order if The African Calendar don’t meet the new order deadline. Otherwise, you can cancel the order and we will refund any amounts paid for the products and delivery. Where products have been delivered, you must return these to The African Calendar at the address above.

Shipping

  1. All Orders will be delivered using the service as detailed at the time of ordering. Further details regarding delivery methods and services can be found at . The African Calendar has the right to fluctuate any prices in proportion with its costs for shipping but the cost of delivery will always be notified to you prior to completion of your order. The Customer must request any other delivery method at the time of order.

Passing of risk

  1. Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. The African Calendar accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified following our reasonable efforts to contact you to deal with this.
  2. In the event of an order being lost by a third party which has either been authorized by you to accept the products or a courier commissioned by you to deliver the products, The African Calendar bears no risk once it has been delivered to them. Where goods have been received damaged, a full refund will be made if we are notified of the problem immediately or within 14 days of delivery by phone, email or otherwise in writing. You will then be required to return the goods together with their original packaging to our trading address.
  3. Where the goods are signed for, the customer bears the risk once the goods are signed for (provided they are signed for by the customer or a person identified as authorized by you). If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods.

Title and defects

  1. The Products shall be owned by you once we have received payment in full for the Products. The Customer shall inspect the goods immediately or within 14 days of delivery. The products must be as described, fit for purpose and of satisfactory quality. The Customer shall notify the seller in writing or by email if the goods are faulty or misdescribed and shall be entitled to a full refund, to get the product repaired or replaced or to get some of their money back (please see clause 10 below).

Returns procedure

  1. If the goods are to be rejected, the Customer shall comply with the return procedure. The African Calendar will not accept any returned goods should the return not follow the aforementioned return procedure.
  2. The Customer must follow the return policy set out at https: . This requires emailing The African Calendar (help@theafricancalendar.com) to notify their intention to return any goods.
  3. In cases where the rejection of the goods is due to a defect or discrepancy in the order, the Customer is entitled to a full refund within 14 days of the date of delivery of the products. The Customer must notify The African Calendar within 14 days of delivery and return the product to The African Calendar before the refund can be issued. We will examine the returned product and will notify you of and process your refund within a reasonable period of time and, in any case, within 14 days of the day we confirm to you that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  4. In cases where rejection of products is due to a defect or misdescription, in addition to the right at clause 10.3 above, for up to 30 days following the date of delivery, the Customer shall be entitled to a refund (at our discretion). You must notify us that a refund is required in accordance with our returns policy and return the product to us.
  5. In cases where the rejection is due to an incorrect order from the Customer or to dissatisfaction (where we are not at fault), the Customer is entitled to a partial refund , unless the order is cancelled within the cooling off period in accordance with clause 4, in which case a full refund will be given. However, the Customer will be responsible for the cost of returning the item to The African Calendar. Goods must be returned to The African Calendar within 14 days.
  6. In cases where you wish to cancel due to something we have done or are going to do, you should notify us in accordance with our returns procedure and we will refund you in full for any products not provided (including delivery costs). You may also be entitled to compensation. This includes the following; The African Calendar have told you about an error in the price or description or the product; Delivery of the products has been substantially delayed by an event outside of our control; and The Customer has a legal right to end the order because of something The African Calendar has done.
  7. Where the Customer wishes to return a Product it must either return them in person or post them back to The African Calendar.

Cancellations

  1. Cancellations which are not due to a defect or discrepancy are only accepted if the Customer complies with the following cancellation procedure and then follows the Returns Procedure outlined in Clause 10.
  2. Within 14 days after receipt of the goods, the Customer must contact The African Calendar in writing via the contact details above and, following which, they must be returned to us within 14 days of you telling us you want to change your mind. The goods must be unused, in original undamaged packaging, including all items and free gifts received. It is the Customer’s responsibility to take reasonable care of the products until their return to The African Calendar. The African Calendar will consider that the Customer has not taken reasonable care if the goods have been used in a way or extent, exceeding what a customer would similarly examine the goods in a retail shop prior to purchase and will be entitled to deduct an amount reflecting any such reduction in value due to your use. Any refund will be made within 30days of receipt of the Customer’s returned products.

Our liability

  1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
  2. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, an additional agreement can be drafted with us should you want to do so and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  3. We do not in any way exclude or limit our liability for fraud or fraudulent misrepresentation;

Privacy policy

  1. We will only use your personal data as set out in our privacy policy

Intellectual property

  1. The Customer shall respect all license agreements delivered by the copyright owners. The African Calendar cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
  2. All trademarks shown on www.theafricancalendar.com belong to their registered owners and must not be copied without prior permission.
  3. You must not use any part of the materials on the online gift shop for commercial purposes without obtaining a license to do so from us or our licensors.

Reviews

  1. Whenever you submit a review or make use of another feature that allows you to upload material to the online gift shop, or to make contact with other users of the online gift shop, you warrant that you will be accurate and that you will not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist. You warrant that any such contribution complies with those standards and that you own or otherwise control all of the rights to the content that you post, that such post shall not breach or infringe the rights of any third party and you indemnify us for any breach of these warranties.
  2. Any material you upload to the online gift shop will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
  3. We have the right to use the name that you submit in connection with such content and to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the online gift shop constitutes a violation of their intellectual property rights, or of their right to privacy.
  4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the online gift shop.
  5. We have the right to remove any material or posting you make on the online gift shop if, in our opinion, such material does not comply with the content standards set out above.

Changes to terms & conditions

  1. We reserve the right to change these terms and conditions at any time but will notify you in advance of such changes.

Law and jurisdiction

  1. These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to conflict of law rules. All disputes will be brought to the competent court of Amsterdam.

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