Terms of Service
OVERVIEW
Welcome to Afropenda! The terms “we”, “us” and “our” refer to Afropenda. Afropenda operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Afropenda is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Afropenda reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Afropenda confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Afropenda may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
You represent and warrant that your payment details are valid and authorized.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
All trademarks, content, graphics, images, and materials on the Services belong to Afropenda or its licensors and are protected by intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only.
You may not copy, reproduce, publish, distribute, create derivative works, or exploit any part of the Services without our prior written consent.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to third-party tools, which we provide “as is” and without warranties. Your use is entirely at your own risk.
SECTION 8 - THIRD-PARTY LINKS
We are not responsible for third-party websites, content, or services that may be linked to or from our store.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Afropenda is powered by Shopify, but all purchases are made directly with Afropenda. Shopify is not responsible for your transactions with us. You release Shopify from all liability relating to your purchases.
SECTION 10 - PRIVACY POLICY
All personal information collected is governed by our Privacy Policy [LINK]. Because our Services are hosted by Shopify, Shopify may also collect and process your personal information as described in its Privacy Policy.
SECTION 11 - FEEDBACK
By submitting reviews, ideas, or suggestions, you grant Afropenda a perpetual, worldwide, royalty-free license to use, reproduce, publish, and distribute that content for any purpose.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct any errors or inaccuracies at any time without notice, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may not use the Services for unlawful, abusive, harmful, fraudulent, or malicious purposes. We may terminate your access if you violate any of these Terms.
SECTION 14 - TERMINATION
We may terminate your access to the Services at any time without notice. All obligations and limitations will continue to apply even after termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Afropenda, Shopify, and their affiliates shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or products.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Afropenda, Shopify, and their affiliates from any claims arising from your breach of these Terms or your use of the Services.
SECTION 18 - SEVERABILITY
If any part of these Terms is deemed unenforceable, the remaining provisions will continue in full force.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Afropenda regarding use of the Services.
SECTION 20 - ASSIGNMENT
You may not transfer your rights under these Terms without our written consent. We may assign our rights without notice.
SECTION 21 - GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Afropenda is headquartered: New Mexico, United States.
SECTION 22 - HEADINGS
Headings are provided for convenience and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We may update or change these Terms at any time. Your continued use of the Services constitutes acceptance of the updated Terms.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/gfj1t1-0u/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/gfj1t1-0u/privacy_policy).
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: support@afropenda.com
MNC Commerce LLC
1209 Mountain Road Place Northeast Ste N,
Albuquerque, NM 87110, United States
Phone: 325-219-4963