Terms and Conditions
Business Terms and Conditions-
These conditions are the only contractual terms upon which Fruitbasket Ltd. (Trading as iStore) whose registered office is at G 17 Accra Mall, Plot C-11 Spintex Road, Accra, Ghana (registered with company number CA- 46230 and registered for VAT purposes with number C0002343584 (“we” or “us”) is prepared to deal with its customers and will govern all contracts for the supply of goods and/or software formed by our acceptance of a customer order or a customer’s acceptance of our quotation to the exclusion of any other contractual terms including any which a customer attempts to introduce. We may change these terms from time to time. Please check them before you make another purchase.
1) General :
1.1 - In these conditions:-
1.1.1 “you” means the person submitting an order for Products.
1.1.2 “Goods” means computer equipment and/or other equipment to be supplied under these conditions as stated on our quotation or order acknowledgement, as appropriate.
1.1.3 “Products” means Goods and/or Software.
1.1.4 “Software” means the computer programs to be supplied under these conditions as stated on our quotation or order acknowledgement, as appropriate.
1.1.5 “Support Services” means the "Warranty" applicable to some goods. Onsite support can be purchased from us.
1.2 The contract for supply of Products and any Support Services (if applicable) (“Contract”) will be formed upon your acceptance of our quotation or our acceptance of your order. However we only agree to sell Products to you subject to their availability and accordingly the contract may be cancelled by us in writing without liability to you if products cannot within a reasonable period be acquired by us for resale. Acceptance of an order by us can only be made in writing whether in hard form or electronically.
1.3 We may prior to accepting any order carry out a credit check and then will only accept your order if we are satisfied with the results of such check. You confirm that you are happy for us to carry out such check. You agree that we may also use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
1.4 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, despatch note, invoice or other document (whether written, oral or in electronic form) issued by us may be corrected by us without liability.
2) Warranty :
2.1 We warrant that Goods will at the time of delivery be free from defects in workmanship and materials and correspond in all material respects with the relevant product specification. If any Goods do not conform to this warranty then we will at our option either remedy the defect in question, replace the defective Goods or refund the price of the defective Goods. This remedy is the only remedy available to you for a breach of this warranty and is only available on condition that
2.1.1 you notify us in writing of the defect within 7 days of delivery or, in the case of defects not apparent on reasonable inspection, within 3 months of delivery;
2.1.2 defective Goods are returned to us within 7 days of written notification referred to in condition 2.1.1 or, in the case of defects not apparent on reasonable inspection, within 3 months of delivery; and
2.1.3 our examination of defective Goods at our premises discloses to our satisfaction that the defect has not been caused by (a) your mis-use, neglect, failure or inadequate maintenance, accident, improper storage, installation or handling, or (b) repair or alteration by a third party.
You will refund to us the cost of any such examination where the remedy referred to under this condition is not available together with, at our option and discretion, a “restocking fee” of up to 20% of the price of the Goods to cover our administrative expenses.
2.2 We will so far as we are reasonably able pass on to you the benefit of all warranties received by us from the manufacturer of the products.
2.3 Shipping charges will be applicable depending on the warranty status of the Product.
2.4 Software (and its use) will be subject to the terms of the manufacturer’s licence contained within the software itself (and accessed upon loading) or within or upon the packaging of the software. Such licence will state the extent of the manufacturer’s liability for the software. We cannot accept any liability whatsoever for any defect or error in the same other than where this has been caused by our negligence or default.
2.5 We will supply any Support Services which you purchase from us with reasonable skill and care and in accordance with the written specification which we have provided to you for those Support Services.
2.6 Click here for complete information on Apple Worldwide Warranty Coverage
3) Price :
3.1 The price for Products and/or Support Services will be that stated on our quotation or order acknowledgement (as appropriate) or, if no price is stated, our list price last published on the date upon which Products are dispatched to you. We may vary the price to the extent that the cost to us of acquiring or supplying Products is increased between the date of quotation or order acknowledgement (as appropriate) and delivery including, without limitation, increases in the costs of carriage packaging or insurance or arising from a change in exchange rate, a change in delivery dates quantities or specifications for Products requested by you or delay caused by your instructions.
3.2 Prices quoted by us are unless otherwise stated exclusive of (a) value added tax or any similar taxes, levies or duties, (b) the costs of carriage, delivery, packaging and insurance, and (c) our handling charges, all of which will be added to or charged on invoices at the appropriate rates and paid by you.
4) Payment :
4.1 Unless otherwise agreed in writing, you must pay for Products (and any Support Services ordered by you) prior to the despatch of the Products to you by such means as we may notify you of. Where the Products and/or Support Services are supplied on credit terms granted at our discretion, payment will be made by you by the end of the month following our invoice date. Payment by cheque is deemed to have been made only upon such cheque being met on first presentation.
4.2 Where any payment to be made by you under the Contract is not made by its due date then, without prejudice to our other rights and remedies, we may:
4.2.1 charge interest on the outstanding amount (as well after as before judgement) on a day to day basis at the statutory rate form time to time applicable until the sum due is paid.
4.2.2 withhold further deliveries, suspend performance of the Contract and/or withhold guarantees on previously supplied Products until arrangements as to payment or credit have been established on terms which are satisfactory to us.
4.3 Where Products are to be delivered in instalments, each delivery constitutes a separate contract and failure by us to deliver any one or more of the instalments in accordance with these conditions or any claim by you in respect of any one or more instalments will not entitle you to treat the Contract as a whole as repudiated.
5) Delivery :
5.1 Delivery of goods shall be made by us to the place designated by you only upon prior agreement.
5.2 All goods will be delivered to you at our premises. You may check the condition of the goods/packing (upon clearing the payment) before leaving our premises, iStore.
6) Risk and Title :
6.1 Risk in Products shall pass to you upon delivery.
6.2 Title to Software shall not pass to you. Title to Goods shall not pass to you until their full price and the price of any other goods which are the subject of any other contract between you and us has been paid.
6.3 If you fail to pay for any Products in accordance with these conditions we may bring action against you for the price of the Products at any time notwithstanding that title in Products has not passed to you.
7) Damage or Loss in Transit :
We shall repair or replace, free of charge any Products damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage).
8) Apparent Defects :
8.1 If the quantity of Products delivered does not correspond with the quantity required to be delivered in that consignment you may not reject that consignment and may only:-
8.1.1 (if the quantity delivered exceeds the contract quantity) return the excess or retain the whole, in which latter case the price shall be adjusted at the contract rate then prevailing;
8.1.2 (if the quantity delivered is less than the contact quantity) require a further delivery of Products to make up the deficiency or (at our option) a refund of the appropriate part of the purchase price.
8.2 These rights are only available however where condition 2.1 is also satisfied.
8.3 You shall have no claim for the fact that Products delivered are of the wrong description unless condition 2.1 is also satisfied.
9) Specifications :
9.1 All drawings, photographs, illustrations, specifications, performance data, dimensions and the like used by us in sales literature, on web pages or other documentation have been provided by us in the belief that they accurate. However, they do not constitute a description of the Products, shall not be taken to be representations made by us and are not warranted to be accurate.
9.2 The specification for Products may be changed by the manufacturer at any time up to delivery and provided such change does not materially alter the functionality of Products you may not cancel your order. We will not be liable for any loss or damage suffered in connection with any change. We will use our reasonable endeavours to advise you of any such impending variation as soon as we are able or upon our receiving notice of the same (as appropriate). You must check specifications for products prior to making an order.
10) Support services :
10.1 If you have ordered the Support Services we will, for the relevant Goods (or part of the Goods):
10.1.1 subject to clause 10.2, provide a limited warranty from the date of the purchase of the Goods (which is in addition to the warranty provided at clause 2.1);
10.1.2 provide you with telephone technical support between the hours of 10:30am to 6:30pm Monday to Friday for the life of the relevant Goods;
10.1.3 subject to parts availability, carry out repairs on the relevant Goods where defects are covered by the limited warranty noted at clause 10.1.1, above within 5 working days (being a Monday to Friday excluding bank or other public holidays)
10.2 The warranty given at clause 10.1.1 and the other Support Services noted in clause 10.1 are subject to the following. They do not cover:
10.2.1 damage to the relevant Goods caused by accident, abuse, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than us), unauthorised modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress of interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes;
10.2.2 relevant Goods with a serial number that has been altered, defaced or removed;
10.2.3 problems caused by a device that is not the relevant Goods, whether or not purchased at the same time as the relevant Goods;
10.2.4 service necessary to comply with the regulations of any government body or agency arising after the date of this contract;
10.2.5 the provision of replacement equipment during the period when the relevant Goods are being repaired;
10.2.6 relevant Goods that have been lost or stolen. The Support Services only cover relevant Goods that are returned to us in their entirety;
10.2.7 cosmetic damage to the relevant Goods including but not limited to scratches, dents, and broken plastic on ports, that does not otherwise affect its functionality or materially impair your use;
10.2.8 consumable parts, such as batteries except where failure in the same has occurred due to a defect in materials and workmanship;
10.2.9 preventative maintenance on the relevant Goods;
10.2.10 damage to, or loss of any software or data residing or recorded in the relevant Goods;
10.2.11 when providing repair or replacement service, we will use reasonable efforts to reinstall the relevant Goods’ original software configuration and subsequent update releases, but will not provide any recovery or transfer of software or data contained on the serviced unit not originally included in the relevant Goods; or
10.2.12 defects caused by normal wear and tear or otherwise due to normal aging of the product.
11) Intellectual Property Rights :
No right of intellectual property in any Product is granted to or vested in you other the right to use the same. You will fully indemnify us against all liabilities, costs and expenses resulting from any claim that our use of any specification provided by you in connection with the Contract infringes the rights of any third party.
12) Cancellation :
You may not cancel the Contract without our prior written consent and then only on condition that you forfeit any deposit for the Products and reimburse any losses we may suffer in connection with the cancellation.
13) Force Majeure:
We will not have any liability under the Contract and may cancel or reduce the volume of Products to be delivered under it if we are prevented from or delayed in delivering or performing by any circumstances beyond our reasonable control including but not limited to industrial action, war, fire, prohibition or enactment of any kind, or failures or acts on the part of our suppliers or sub-contractors or any other third parties (including your bank).
14) Agreement :
We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract. You may not however do so without our written agreement.
15) Electronic Communication :
15.1 To the extent permitted by law, we may conduct transactions for the supply of Products using an electronic commerce approach under which we will both electronically transmit and receive electronic communications. Where so conducted, this condition 14 will additionally apply.
15.2 For the purposes of condition 14, an “e-communication” means any communication electronically transmitted by you to us through our website or by us to your internet address in connection with the ordering, payment for and/or supply of Products and including without limitation any order, order acknowledgement and electronic credit entries and requests; “originating party” means the party transmitting an e-communication; and “receiving party” means the party receiving such a communication.
15.3 You will provide and maintain the equipment, software, services and testing facilities necessary for you to effectively and reliably transmit and receive e-communications.
15.4 Any e-communication will be deemed received, where you are the receiving party, upon arrival at your mailbox at the Internet address apparent from your order or, where we are the receiving party, when the e-communication is accessed by us in intelligible form. The receiving party will promptly notify the originating party if an e-communication is received in unintelligible form provided that the originating party can be identified. In the absence of such notice, our record of the contents of any such e-communication will prevail.
16) Governing Law:
16.1 The Contract is governed by the laws of Republic of Ghana and shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
16.2 Notices required or permitted to be given under these conditions must be in writing (including without limitation by electronic mail) addressed to the relevant party at its registered office or principal place of business.
18.3 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question is not affected.
Website User Conditions :
Thank you for accessing this website. Please read these conditions of use before using this site which is operated by Fruitbasket Ltd. (Trading as iStore) , a company registered in Republic of Ghana with company number CA- 46230 and whose address is G 69/70 Accra Mall, Plot C-11 Spintex Road, Accra, Ghana ("we" or "us"). We operate this site for the purpose of advertising our goods and services to customers and potential customers and taking and processing on-line orders. By using this site, you signify your acceptance of these conditions in consideration of which we will provide you with access. From time to time we may modify the conditions. Accordingly, please continue to review the conditions of use whenever accessing or using this site. If at any time you do not wish to accept these conditions then you may not use this site. From time to time we may run promotions via the site. Separate terms and conditions will be posted where applicable governing such promotions. We may change these terms from time to time. Please check them before you make another purchase.
No Reliance :
Whilst we endeavour to ensure the accuracy of information accessed via this site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties and are merely providing access to such content to you. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party information and you acknowledge that any reliance on such information will be at your own risk.
Copyright Notice :
This site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, marks, formats, files, graphics, devices and links contained in it or linked to it (together "Content") are protected by copyright, trade marks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection another website or publication or for direct commercial gain. Furthermore, any links to this site must be notified to and approved by us before they are created or steps are taken to create the same.
No Warranty :
This site and its Content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the site and make no warranty that the site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the site is compatible with your computer equipment or that the site or its server is free of errors or viruses, worms or "Trojan horses". We shall not be liable for any damage you may suffer as a result of such destructive features.
Limitation of Liability :
You acknowledge that your use of this site and its Content is at your own risk. If you are dissatisfied with this site, its Content or these conditions then your only remedy is to stop use of the site. Save for liability which we cannot in law restrict or exclude, we shall have no liability to you or any third party for any direct, special, indirect, consequential or incidental damages, exemplary or lost profits, or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise, even where we have been advised of the possibility of the same. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
Local Laws and Regulations :
This site is not directed at persons in a jurisdiction where for any reason the site's publication or availability is prohibited and any person in respect of whom such a prohibition applies must not access the site. We do not represent that this site or its Content is appropriate for use or permitted by local laws in every jurisdiction. Those who access the site do so on their own initiative and are responsible for compliance with applicable local laws or regulations. Legal advice should be sought in cases of doubt.
Privacy Statement :
This statement sets out our policy in relation to the holding and using of information, which we may obtain from you in the course of your use of this site. Where you have provided us with information about yourself, we will use this information to process your order of goods from us as provided in our terms and conditions. In addition, unless you have opted not to on the relevant page on this website, we will use your personal information to let you know about similar products and services that we offer. Otherwise, we will not pass information we hold about you to any organisation.
Validity of provision and remedies :
Each provision of these conditions is severable. If any provision is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
Our rights and remedies under these conditions are cumulative and are not exclusive of any rights or remedies provided by law or contract.
Links to the site:
Websites or pages to which this site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses whatsoever that may be incurred as a result of any linking to the same.