Terms and conditions of use
The capecoastmall.com website is operated by Cape Coast Mall Company Ltd . Our mailing address is P. O. Box 123, Cape Coast.
Your use of this website is governed by these terms of use.
Your use of this website constitutes your agreement to these Terms of Use. Cape Coast Mall Company Ltd reserves the right to update or modify these Terms of Use at any time without prior notice, and your use of this website following any such change constitutes your agreement to the revised Terms of Use.
These Terms and Conditions govern the use of the services offered by Cape Coast Mall Company Ltd on the capecoastmall.com website (the “Website”). Please read these Terms and Conditions and the Privacy Policy (the “Privacy Policy”) carefully before using Cape Coast Mall Company Ltd’s services or its website.
1. Scope
Cape Coast Mall Company Ltd owns and operates capecoastmall.com, platform in Ghana that allows vendors/sellers to sell their products to the public over the internet. This platform is currently provided on the website www.capecoastmall.com,but may be provided on different websites or applications in the future.
The vendor/seller will have the opportunity to sell their products on the the capcoastmall.com platform. Cape Coast Mall Company Ltd is entitled to accept purchases on behalf of the vendor/seller. The service provided by Cape Coast Mall Company Ltd is limited to referring customers to the vendor/seller and accepting orders and payments on their behalf. In addition to this at Cape Coast Mall Company Ltd’s discretion they may provide the vendor/seller with analytics about the performance of the vendors/sellers products and additional marketing support. This support may be reflective of the agreed level of commission.
The vendor/seller authorises Cape Coast Mall Company Ltd to accept binding orders from customers on their behalf.
Cape Coast Mall Company Ltd may carry out changes to the website or service, or suspend the service, without notice.
2. Cape Coast Mall Company Ltd’s rights and obligations
1. The vendor/seller acknowledges that the relationship between customers and Cape Coast Mall Company Ltd is governed by the privacy policy and the general terms and conditions which are both available on the website.
2. Cape Coast Mall Company Ltd will present on the website the products listed by the seller. The vendor/seller will be responsible for listing their own products.
3. Cape Coast Mall Company Ltd is authorised to accept binding sales on behalf of the vendor/seller and will be careful to pass order data on to the vendor/seller as much as technology allows.
4. In order to maintain its reputation for quality and high standard of service, Cape Coast Mall Company Ltd reserves the right to terminate the relationship with the vendor/seller if the vendor/seller repeatedly receives bad reviews or complaints, or fails to comply with our terms and conditions.
3. Vendor/Seller’s rights and obligations
1. The vendor shall pay non refundable registration fee of GHS 50 to sell on the platform. The vendor/seller is obliged to provide all the information necessary when listing a product on capecoastmall.com. This should include but is not limited to, a detailed title, price, quantity, picture of at least 300x300mp, short description and long description. The vendor/seller must never knowingly deceive a potential customer by misrepresenting their product/s. The vendor/seller must notify Cape Coast Mall Company Ltd of any changes to the detail of their listings while uploaded on the site.
2. The vendor/seller guarantees that information listed on capecoastmall.com relating to their product(s) satisfies all legal requirements, and in particular satisfies information requirements for consumer protection.
3.The vendor/seller guarantees that the information provided by him/her does not violate any third party’s copyright.
4. All products listed by the vendor should be sent to the storage area or warehouse of Cape Coast Mall Company Ltd for inspection,verification and storage before it will be published on the website/mobile app.
8. The vendor/seller agrees to adhere to his range of products and prices as provided to Cape Coast Mall Company Ltd and as described on their listing on the website. The vendor/seller guarantees that there are no ongoing criminal, bankruptcy or tax proceedings or other penalties outstanding in relation to the products they are selling through the platform.
9. The vendor/seller representative is to provide Cape Coast Mall Company Ltd with a copy of his/her valid Identity Card at the contract signature.
4. Commission
1. Commissions on products based on various categories listed below:
a.Mobile Phones – 6%
b.Home – 15%
c.Beauty – 10%
d.Fashion – 12%
e.TV – 7%
f.Electronics Accessories – 15%
g. Kitchen Ware – 12%
h.Small Appliance – 10%
i.Large Appliance – 9%
j.Computers – 5%
k.Groceries – 10%
l.Audio and Sound – 12%
m.Video Games – 15%
n.Games Consoles – 10%
o.Peripherals – 15%
p.Kids and Babies – 10%
q.Others – 10%
These commissions should be Will be added automatically by Cape Coast Mall Ltd on the products before it will be published.
2. Cape Coast Mall Company Ltd may start charging additional fees for the sale of goods through the capecoastmall.com platform at any point. These may include but are not limited to, listing fees, multiple photos fees, monthly subscription fee and enhanced marketing fees. In the event of the introduction of further fees, the vendor/seller will be notified prior to their commencement in writing and they will have the option to opt out. A service fee of GHC 3.99 will be paid monthly by vendors for advertising purpose. But will be deducted only during payouts sessions.
3. Cape Coast Mall Company Ltd reserves the right to adjust the percentage commission, providing suitable notice is served in advance to the vendor/seller. Cape Coast Mall Company Ltd will give the vendor/seller adequate notice of any commission changes, in writing. This does not cover adjustments that constitute a material change of the contract terms, which would require an additional agreement on the change.
5. Payments by Customers
1. Cape Coast Mall Company Ltd will receive all payments on behalf of the vendors/sellers for purchases made directly on the capecoastmall.com platform in Cape Coast Mall Company Ltd’s name. This will include electronic and physical payments of gross amount of product(s) listed on the capecoastmall.com platform by the vendor/seller.
6. Invoicing and Payments of Vendors/Sellers
1. Cape Coast Mall Company Ltd’s invoices may be delivered by email, online, fax, post or in person. They include Cape Coast Mall Company Ltd’s claims on the vendor/seller, commission, and, if applicable, other fees as stated in 4.
2. Cape Coast Mall Company Ltd is to send a periodic statement of confirmed orders to the vendor/seller on the Thursday of each week after which the vendor/seller will have one day for verification.
3. Cape Coast Mall Company Ltd is to pay the vendor/seller on 1st working day of every month on their earnings of the previous month after all verifications are done into their banks via bank transfer or cross cheque payable to the vendor/seller’s name or other agreed form of settlement between the vendor/seller and Cape Coast Mall Company Ltd unless there are disputes/clarifications needed which have to be conveyed to Cape Coast Mall Company Ltd by writing or phone call or in person to our offices.
In case the vendor/seller receives the payment of sold products/services on www.capecoastmall.com directly, the vendor/seller is bound to pay the agreed commission to Cape Coast Mall Company Ltd in 2 days of receiving settlement within the week.
Payments would be made by bank transfer or cross cheque payable to ‘Cape Coast Mall Company Ltd’.
7. Liability
1. The vendor/seller indemnifies Cape Coast Mall Company Ltd from all claims arising in relation to matters outside Cape Coast Mall Company Ltd’s control, including but not limited to the quality of goods and services provided by the seller. The vendor/seller further indemnifies Cape Coast Mall Company Ltd from third parties’ claims resulting from any violation of laws and regulations by the seller.
2. Cape Coast Mall Company Ltd cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve any such case.
3. VAT liability rests with the vendor/seller and Cape Coast Mall Company Ltd will not be responsible for any VAT issues.
8. Privacy
Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data they acquire in connection with the partnership, and not use it for purposes outside the scope of this contract or pass it on to third parties. This obligation is in force for 1 year after the termination of the contract. Both parties are obliged to follow privacy laws and handle accordingly all data related to customers, suppliers and business partners.
9. Licence
1. Cape Coast Mall Company Ltd has the right to freely maintain the vendor/seller’s listing and its ranking on the website. Cape Coast Mall Company Ltd offers customers the opportunity to give ratings and reviews of the vendor/seller’s goods and services on the website, and has the right but not the obligation to publish these online and make them visible to all customers. Cape Coast Mall Company Ltd reserves the right to delete ratings and reviews.
2. Cape Coast Mall Company Ltd may scan, transcribe, and publish online the vendor/seller’s listings, logos and other materials required. The vendor/seller grants to Cape Coast Mall Company Ltd a royalty- free, perpetual, unrestricted licence to use and distribute any materials provided by him/her, for the purpose of advertising Cape Coast Mall Company Ltd’s service. In particular, this includes use in Google AdWords campaigns, domain name registrations and other online marketing and search engine optimization measures.
10. Terms and termination
1. This agreement is valid as soon as the vendor/seller signs up for the service, or fulfils an order referred by Cape Coast Mall Company Ltd, and remains valid indefinitely, until termination by either party. Termination can occur at any time, with a period of notice of one month, in writing, by email, post or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by either party for important cause remains unaffected.
2. The right to immediate termination in particular covers the case where the vendor/seller repeatedly receives negative ratings and reviews on the website, and when these are not obviously unjustified. Repeatedly providing misleading information or withholding information required to present the vendor/seller’s items is also grounds for immediate termination. Typos, mistakes and transmission errors are excluded from this, as long as they are not caused with intent or by gross negligence.
11. General
1. If a single clause in this agreement is invalid, both parties will endeavour to replace the invalid clause by a valid one that reproduces as closely as possible the intended economic meaning of the invalid clause. The validity of the rest of the agreement remains unaffected. This applies in particular if the agreement is found to be incomplete.
2. Cape Coast Mall Company Ltd reserves the right to modify his general terms and conditions without giving any justification. In that case, Cape Coast Mall Company Ltd will give the vendor/seller adequate notice via email. The notice will contain advice on the right and period of objection to the changes, and on the consequences of leaving unexercised the right to object.
3. The changed terms and conditions are considered agreed by the vendor/seller if he/she does not object to them in writing within 2 weeks of receiving notice of the changes.
4. Any terms and conditions of the vendor/seller are not part of this agreement unless Cape Coast Mall Company Ltd expressly agrees to adhere to them in writing.
12. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ghana and any disputes will be decided by Ghanaian courts.
13. Alcoholic, Tobacco And Other Narcotic Products
Alcoholic drinks, tobacco and other narcotic products are totally banned from being sold and advertised on the capecoastmall.com platform. Vendors/Sellers who may wish to sell these products on the website should consider other alternatives.
Disclaimer and Limitation of Liability
THIS WEBSITE AND THE CONTENT HEREON ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, CAPE COAST MALL COMANPANY LTD DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL Cape Coast Mall Company Ltd, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SELLERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FOREGOING ENTITIES AND INDIVIDUALS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE GHANA CEDI (GHC 0.50).