DIAMOND STAR ONLINE STORE TERMS AND CONDITIONS
Application of the General Terms and Conditions
These general terms and conditions (General Terms and Conditions) constitute an integral part of the Agreement regarding the services provided by Diamond Star for customers, merchants Suppliers. The General Terms and Conditions shall be applied unless the customers and merchants have otherwise agreed in writing. The Agreement will enter into force when the parties have signed the Agreement or when touchily has approved the Agreement form submitted by the Merchant for our Services and customers during purchases.
This page (together with the documents referred to on it) explains the terms and conditions on which we supply any of the goods or products (Products) and services (Services) listed on our online store to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products or Services. You should understand that by ordering any of our Products or Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Information about us
We, Diamond star, a registered company in Ghana Accra. We operate the website https://www.thediamondstargh.com (our online sales store).
How the contract is formed between you and us
After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable).
In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the site to which your service relates – please check these terms and conditions before proceeding with your order.
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts;
You are at least 16 years old; and
That you are not resident in a county where making a payment to our site, in line with these terms and conditions would breach any laws in that county.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
In the case of Products, if you are contracting as a consumer, you have a statutory right to cancel your Product order for any reason and receive a full refund, except in the case of certain products. You will receive a full refund of the price paid for the Products (excluding postage costs). Your statutory right to cancel a Contract relating to the purchase of a Product starts from the date when you receive the Product (when the Contract between us is formed). If the Products have been delivered to you, you may cancel at any time within 7 working days, starting from the day after you receive the Products. In the event that you received a Product that is damaged on delivery then please inform us of this in writing as soon as possible. If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it then we may refuse your right to cancel or receive a refund.
In the case of Products, to cancel a Contract, you must inform us in writing. If the Products have been delivered to you, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession.
The price of the Products, Services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
Product and Service prices include VAT, where applicable. 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 or Services in full before the change in VAT takes effect.
Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfil/receive within a reasonable time of such order.
If an order is cancelled in accordance with paragraph 6 above, then we will refund the amounts owed as soon as possible following cancellation and in any case within 30 days following cancellation.
If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction.
We will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses were in our contemplation as at the date that the contract constituted by these terms and conditions was formed between us of being a foreseeable consequence of our breach
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
Any notice to be sent by you or by us in connection with these terms and condition can be sent by letter or by email. Notices to us should be sent to one of the following addresses:
Address; Opposite MallamAttah Market, New town, Accra-Ghana
We will send notices to you by email to the email address that you supplied at the time of signing up to our site.
Either of us can change the address for notices by telling the other in writing the new address, but the previous address will continue to remain valid for 7 days after the change is notified.
If sent to the correct address, a notice will be treated as received 3 working days after sending if a letter or 24 hours if sent by email even if it is not actually received.
We reserve the right to defer the date of delivery or to cancel a Contract for all circumstances beyond its reasonable control, including but not limited to any strike, lockout, disorder, fire, explosion, accident or stoppage of or affecting our business or work and which prevents or hinders the delivery of the Goods or the performance of the Services
Each party agrees to maintain confidentiality with respect to information of a confidential nature provided by the other party.
The duty of confidentiality applies unless otherwise agreed or in cases where a party is required to disclose such information by law, regulation or a decision taken by public authority, or where the information in question is already publicly available and this fact cannot be attributed to the other party’s breach of contract. Diamond Star is entitled to disclose information about the Merchant to the card organizations, technical subcontractors, sales partners, card payment acquirers and other payment method providers, for the purposes of meeting the applicable compliance and security requirements and for providing the Service to the Merchant.
The Merchant gives its consent for the Diamond star to disclose information about the Merchant (such as contact details, information relating to the Agreement and information on the business relationship with the Supplier) to other companies in the same corporate group as the Supplier for use in e.g. intra-group reporting, support services, marketing and sale of products and services, including marketing through electronic means such as e-mail. Recipients of marketing through electronic means may always opt-out from receiving any further marketing from Diamond Star
The Validity of the General Terms and Conditions
These General Terms and Conditions shall replace any previous versions and any other provisions applied between Diamond Star, merchants and customers when they enter into force.
Merchants may amend these General Terms and Conditions and prices, with thirty (30) days prior notice. Shorter notice may be given, if such amendment is in response to requirements from the public authorities, card payment acquirers or other payment method providers or the card organizations or for important security reasons. Notice is not required if the change is of minor importance or advantageous to the Diamond Star.
Unless the change is due to a compelling requirement by a card organization or card payment acquirer, legislation, regulation,
General Terms and Conditions for the use of the Service or an order or decision by an authority and the change is unfavorable for touchily, the Diamond Star shall be entitled to terminate the Agreement before the change becomes effective by submitting a written notice to the merchant. If the Merchant has not terminated the Agreement in writing before the change becomes effective, the Merchant shall be deemed to have agreed to the new terms and conditions and the Merchant shall be bound by the new provisions of the Agreement.
Intellectual Property Rights
All intellectual property rights to the Service and associated documentation are property of Diamond Star and/or third parties, and no such rights will be transferred to a Merchant or customers under this Agreement.
Term and Termination
Unless otherwise agreed in writing, the Agreement shall be valid for twelve (12) months and shall automatically renew for additional twelve (12) months’ period unless terminated by either
General Terms and Conditions for the use of the Service three (3) months prior to the expiration of the twelve (12) months’ period. The Merchant’s notice of termination shall be made through web interface designated by the Diamond star or in accordance with Diamond star instructions.
Diamond Star shall be entitled to immediately terminate the
Agreement and discontinue delivery of the Service at any time without notice if:
a) The Merchant has materially breached the Agreement;
d) The Merchant uses the Service contrary to the Diamond Star instructions.
If the Agreement is terminated by the Merchant, or by the
Supplier due to circumstances for which the Merchant is responsible, to expire prior to the twelve (12) months’ period, Diamond Star shall be entitled to invoice all the fixed service fees for the remaining contract period at once to the Merchant.
If the Agreement is terminated, fees paid in advance will not be reimbursed.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Law and jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Ghana laws. Any dispute or claim arising out of or in connection with these terms and conditions or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Ghana