TERMS AND CONDITIONS

      (1)   OFFER, CONFIRMATION OR AGREEMENT

Any Offer is expressly made conditional on Buyer's assent to all of the terms contained in the Offer without deviation. Acceptance by Buyer of an Offer may be evidenced by:

(a) Buyer's written or verbal assent or the written or verbal assent of any representative of Buyer, (b)Buyer's acceptance of delivery of the Products or payment of purchase price for the first installment of the Products (if applicable), or any such acceptance by any representative of Buyer, or

(c) Other conduct by Buyer or any representative of Buyer consistent with acceptance of the Offer.

In the event that any Offer or Confirmation is sent in response to Buyer's blanket purchase order, the terms and conditions of that Offer or Confirmation, including these Terms and Conditions, shall apply to any delivery by Toftrades, irrespective of whether Buyer submits additional purchase orders (electronically or otherwise) and whether Toftrades provides a Confirmation to such additional purchase orders. All terms and conditions of such documents by Buyer are hereby rejected.

Toftrades’ Offers are open for acceptance within the period stated by Toftrades in the Offer or, when no period is stated, within thirty (30) days from the date of the Offer, but any Offer may be withdrawn or revoked by Toftrades at any time prior to the receipt by Toftrades of Buyer's acceptance related thereto.

If Toftrades receives an order from Buyer for the sale by Toftrades and purchase by Buyer of Products and such order is not a response to an Offer by Toftrades, or if Toftrades receives an order or acceptance by Buyer which deviates from Toftrades’ Offer, such order or acceptance, respectively, shall be deemed to be a request for an Offer only.

An acceptance by Buyer of any Offer made by an order gatherer, liaison officer, agent or sales representative for Toftrades shall constitute an Agreement between Toftrades and Buyer upon explicit Confirmation by Toftrades itself.

       (2)    PRODUCTS, QUANTITIES AND PRICING

Prices in any Offer, Confirmation or Agreement are in Ghana Cedis and include taxes, duties, levies and other charges, now or hereafter enacted, applicable to the Products. Toftrades will add taxes, duties and other levies to the sales price where Toftrades is required by law to pay or collect them and will be paid by Buyer together with the price.

With regard to Custom Products, Toftrades may deliver a quantity that is a maximum amount of twenty percent (20%) more or less than the ordered quantity of any order line item. Such delivered quantity will be accepted and paid for (against an amount being the actual delivered quantity times the unit price) in full satisfaction of each party's obligation under the Agreement for the quantity ordered.  

         (3)   PAYMENT

        I.            Use of a bank account as a payment method on the Toftrades.com website, Toftrades affiliate website, or third-party website is subject to these terms and conditions (the "Terms").We may update these Terms by posting updates on the Amazon.com website. By continuing to use your bank account as a payment method, you accept the updated Terms.

     II.            Authorization When you pay for an order using your bank account, you authorize us to debit your bank account up to the total amount of your purchase, including applicable duties, taxes, shipping costs, Levies and other charges. You also authorize us to further debit or credit your bank account to correct any erroneous debit, make necessary adjustments to your payment, or to issue a refund back to your bank account.

  III.            Bank Account Eligibility and Verification Your bank account must be able to accept debits denominated in the currency of the Toftrades website you're using. You authorize us to make any inquiries or obtain any information, including a credit report or other credit checks that we determine are necessary to verify your bank account. We may suspend, refuse, or remove your ability to make a payment using your bank account without notice for any reason at any time.

  IV.            Returned Payments If your bank returns any payment using your bank account unpaid (for example, if you have insufficient funds available), we may retry the payment. Your bank may charge you an overdraft or other fees for each payment failure. Additionally, you authorize us to charge any other valid payment method we have on file for any amount that remains unpaid after any attempted charge. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable Legal fees.

    V.            Other payments media are by means of Momo merchant 0530427049 (TOF transport &trading Enterprise), Bank account Number 9040009461692 with Stambic Bank, Wa branch. 

                    NOTE:  IF THE MONEY TO BE PAID IS MORE THAN Gh¢5000.00 OR $417.00, PEASE USE BANK ACCOUNT AS PAYMENT MEDIUM! 

       (4)   DELIVERY

a)      Products shall be delivered either by land/air/sea in the country of dispatch or other facility designated by Toftrades, unless otherwise agreed in writing between Toftrades and Buyer. Delivery dates communicated or acknowledged by Toftrades are approximate only, and Toftrades shall not be liable for, nor shall Toftrades be in breach of its obligations to Buyer, because of any delivery made within a reasonable time before or after the stated delivery date. Toftrades agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to the agreed delivery date.
 

b)      In the event Buyer contests delivery, Buyer must request a proof of delivery from Toftrades within sixty (60) days of the date of Toftrades invoice, otherwise delivery shall be deemed completed.
 

c)      Buyer will give Toftrades written notice of failure to deliver and thirty (30) days within which to cure. If Toftrades does not cure within thirty (30) days, Buyer's sole and exclusive remedy is to cancel the affected and undelivered portions of the Agreement.
 
 

d)      If Buyer fails to take delivery, then Toftrades may deliver the Products in consignment at Buyer's costs and expenses.
 

e)      In the event of shortages Toftrades may allocate its available production and Products, in its sole discretion, among its customers and as a result may sell and deliver to Buyer fewer Products than specified in Toftrades’ Offer, Confirmation or Agreement, as the case may be.

f)       All Toftrades shipment/delivery shall be facilitated be DHL both locally and internationally.

(5)   RETURNS & REFUNDS POLICY

At Toftrades, we want you to have a positive experience every time you shop with us. Occasionally though, we know you may want to return items you have purchased. This Returns & Refunds Policy sets out our conditions for accepting returns and issuing refunds for items purchased on Toftrades, on behalf of our sellers. It also sets out when we will not accept returns or issue refunds. If we accept your return, or if you order but do not receive an item, we aim to refund you the purchase price of the item/product.

For incorrect, defective, or damaged items, you will also be refunded for the full cost of delivery of the returned items, once your return is processed. If the return is not the result of Toftrades error or error from the manufacturer you will not receive any refund on delivery fees.

The refund request form shall state which payment method(s) for receipt of refunds are available to you.

Subject to the rules set out in this Returns & Refunds Policy, Toftrades accepts offer returns for most items within 15 days of delivery. We do not accept returns, for any reason whatsoever, after the returns period has lapsed. This does not affect your legal rights against the Toftrades. You may return items purchased on Toftrades within the returns period. We shall only accept returns of items/products that are unworn, unused and in the same condition you received them, with their original packaging and seal intact where applicable.

(6)   ITEMS THAT CANNOT BE RETURNED

We do not accept returns of certain product categories for health and hygiene reasons. Customer safety is important to us, so certain product categories cannot be returned due to health and hygiene reasons, or if they may deteriorate or expire rapidly. You shall only be entitled to return and refund in respect of these items/products if you received the wrong item; a damaged or defective item/product; or a fake or inauthentic item/products. You are not entitled to a refund or return of these product categories if you have changed your mind.

We do not accept returns of customized items. We do not accept returns of goods/products made, configured or inscribed to your specification or (e.g. personalized engravings, stamps, monograms, embroidery, embossing, etching, carving or printing). The Toftrades is not required to accept returns unless the items are damaged or defective upon arrival, or item different from what was ordered.

We do not accept returns of items/products that you have damaged after delivery. We do not accept returns of used or worn items/products, unless the reason for return is that the item/product stopped working or became damaged or defective after reasonable use during the returns period. Items becoming defective after delivery is not an applicable return reason in respect of the following product categories: clothing, & Livestock and consumables.

When returning an item for any reason, you must do so in the exact condition you received it from Toftrades, with its original packaging and all tags and labels attached.

Returned items/products are your responsibility until they reach us, so do make sure they are packaged properly and can't get damaged on the way. You must not include in the packaging with the returned item/product any item/product not pertaining to the returned item/product as originally received from Toftrades.

(7)   REJECTED RETURN AND REFUND REQUESTS AND FORFEITURE

All items are inspected on return to verify the return reasons provided. If your return request is not approved by Toftrades, you shall not receive any refund of the purchase price or the delivery fees, and we will make 1 attempts to redeliver within 5 business days. If both re-delivery attempts are unsuccessful, we will immediately notify you that we will hold the item for a further 30 days from the date of the initial notification. Our notification will include details about pick up location and opening hours.

If you do not collect the item within the required period, you shall forfeit the item i.e. the item shall become Toftrades property and Toftrades may dispose of it in any manner that it determines appropriate e.g. by sale, charitable donation, recycling or destruction.

(8)   NO EXCHANGE

We don't offer exchanges. If you would like a different size or color, please return your unwanted item and place a new order.

        (9)   RESCHEDULING AND CANCELLATION

 No order, Agreement or any part thereof may be rescheduled or cancelled without Seller’s prior written consent.

(10)                       FORCE MAJEURE

Toftrades shall not be liable for any failure or delay in performance if:

• a. such failure or delay results from the fact that Toftrades’ volume of the Products concerned is lower than anticipated due to interruptions in the manufacturing process; or
• b. such failure or delay does not result from its fault; or
• c. such failure or delay is caused by Force Majeure as defined below or by law.

In case of such a non-attributable failure, the performance of the relevant part(s) of the Agreement will be suspended for the period such non-attributable failure continues, without Toftrades being responsible or liable to Buyer for any damage resulting therefrom.

The expression “Force Majeure” shall mean and include any circumstances or occurrences beyond Toftrades reasonable control (whether or not foreseeable at the time of the Offer, Confirmation or Agreement) as a result of which Toftrades cannot reasonably be required to execute its obligations. Such circumstances or occurrences include but are not restricted to: acts of God, war, civil war, terrorism, insurrections, strikes, fires, floods, earthquakes, labor disputes, epidemics, governmental regulations and/or similar acts, freight embargoes, non-availability of any permits, licenses and/or authorizations required, defaults or delays of suppliers or subcontractors and/or inability or impracticability to secure transportation, facilities, fuel, energy, labor, materials or components. In the event that the Force Majeure extends for a period of three (3) consecutive months (or in the event that the delay is reasonably expected by Toftrades to extend for a period of three (3) consecutive months), Toftrades shall be entitled to cancel all or any part of the Agreement without any liability of Toftrades towards Buyer. In the event Toftrades’ source for products is curtailed, for any reason, Toftrades shall have the right to allocate its available Products, in its sole discretion, among its various customers and as a result may sell and deliver to Buyer fewer.

      (11)             CONFIDENTIALITY

Except for non-confidential documentation provided to Buyer for distribution with a corresponding Product, Buyer acknowledges that all technical, commercial and financial information (including without limitation any source code) disclosed to Buyer by Toftrades is the confidential information of Toftrades. Buyer shall not disclose any such confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transactions contemplated herein.

   (12)                 BREACH AND TERMINATION

Without prejudice to any rights or remedies Toftrades may have under these Terms and Conditions or the Agreement or at law, Toftrades may, by written notice to Buyer, terminate with immediate effect any Agreement, or any part thereof, without any liability whatsoever, if:

·         a. Buyer fails to make payment for any Products to Toftrades when due;

• b. Buyer fails to accept conforming Products supplied hereunder;
• c. any proceedings in insolvency, bankruptcy (including reorganization) liquidation or winding up are instituted against Buyer, whether filed or instituted by Buyer, voluntary or involuntary, a trustee or receiver is appointed over Buyer, or any assignment is made for the benefit of creditors of Buyer; or
• d. Buyer violates or breaches any of the provisions of these Terms and Conditions and/or the Agreement.

    (13)                   PRODUCT CHANGES

Toftrades reserves the right to make at any time Product and/or production changes. In such event Toftrades represents that said changes shall not negatively affect form, fit or function of the Products and their performance characteristics.

    (14)            DISCONTINUATION OF PRODUCT

Toftrades reserves the right to discontinue sale of Product(s) at any time. If however at any time during the term of an Agreement under which Toftrades sells and Buyer purchases Products on a regular basis, such regularly sold and purchased Products are to be permanently discontinued (“Discontinued Product”), Toftrades shall use its reasonable commercial efforts to give Buyer prior written notice of such discontinuance and shall use reasonable commercial efforts to accept last-time-buy orders for such Discontinued Product all in accordance with Toftrades’ product discontinuation process and general information related thereto as published on Toftrades’ website.

    (15)                 NOTICES

All notices and communications to be given under these Terms and Conditions shall be in writing and shall be deemed delivered upon hand delivery, confirmed facsimile communication, or three (3) days after deposit in the mail of the home country of the party, postage prepaid, by certified, registered, first class or equivalent mail, addressed to the parties at their addresses set forth on the Offer, Confirmations and/or Agreement. 

      (16)          MODIFICATIONS AND CHANGES

Toftrades reserves the right to make any amendments or modifications to these Terms and Conditions at any time. Such amendments and modifications shall have effect

(1) on all Offers, Confirmations and Agreements referring to such amended or modified Terms and Conditions as from the date of such Offer, Confirmation or Agreement, and

 (2) On any existing Agreement thirty (30) days from notification of such amendments or modifications by Toftrades to Buyer, unless Buyer has notified Toftrades within such thirty (30) days period that it objects thereto.

(17)                        SHIPPING POLICY: 

Toftrades promises to provide you with the best shopping experience at every step of the way. We assure you that all due diligence and precautions are taken so that your goods/package is delivered to you intact and on time by our delivery partner. Just proceed with your order and we   take care of the rest.

PLEASE NOTE:

In order to grant a higher level of transactions security, opening packages on the spot before payment is not authorized anymore. However, as we are restlessly working on all of our consumers' satisfaction improvement, you have the possibility to return your items/goods/products in case you find any unexpected issue with them (for example in the unlikely case that it was the wrong item).

SHIPPING/DELIVERY FEE (Incl of VAT)

Delivery of product/goods are done across the country (Ghana)/Internationally (USA) and rates/charges are applied depending on the distance and weight (ranging from 0.5kg to 10kg).  Rates/charges ranging from GH¢55.00 to GH¢160.00 across Ghana and $40 to $300 across USA.

With exception of car delivery which takes approximately sixty (60) days, all other products/goods are delivered within 5-6 days both locally and internationally.

(18)                       IMPORTATION OF BOTH LEFT-HAND DRIVE (LHD) AND RIGHT HAND-DRIVE (RHD) USED VEHICLES FROM JAPAN

The demand for Japanese used cars is constantly increasing. As a result, more and more countries are trading used Japanese vehicles. They are well-known for durability and reliability and have become more popular in almost all African countries. Truth fact, Ghana is one of these countries that have been importing used vehicles to ensure meeting the increasing demand for affordable and safe automobiles. In that regard Toftrades facilitates the importation of most Japanese used cars into the local Ghana market.

Toftrades Standard Terms of Car Trade are as follows:

・Shipping Terms

FOB: Free - On - Board:

This is the cost of the vehicle excluding ocean freight. If you buy the vehicle at FOB price, the price only includes the cost of the vehicle and the expenses until loading on the ship in Japan.

CFR: Cost-and-Freight.
CIF: Cost, Insurance and Freight. This is the cost of the vehicle including all expenses caused in Japan and during ocean freight.

BUYER’S ROLE:

·         Is to study and select a car of your choice depending on your needs and budget.

·         Pay the total/full cost of the car selected.

NOTE:

                                I.            Total cost here encompasses vehicle price, Freight charges, Money Transfer charges, Duties and Taxes, Clearance, towing & steering conversion fees (If Right-Hand Drive), and other charges etc.

                             II.            There could be variation in the total cost of the vehicle as a result of an increase in the dollar.

TOFTRADES’S ROLE:

a)      Is to make available as many cars as possible at the marketplace for buyers.

b)      Is to facilitate the clearance of the buyer’s vehicle at the port.

c)      Is to provide all relevant documents which will aid the buyer in registering/licensing the vehicle without any encumbrances.

d)      Is to import vehicles that are tested, most durable, reliable, efficient and affordable.

e)      Is to handover all vital documents immediately after clearance of the vehicle at the port to the buyer.

 Shipping

Once the payment is made, the shipment process will start. The overall procedure relies on the agreement between you (buyer) and Toftrades. You’ll probably get your imported vehicle in a maximum of seventy-five (75) days.

(19)                       TRACKING

You can track your order in two ways: Clicking on the 'track your order' link given in your order confirmation email, or by entering your order number on this page https://www.toftrades.com

(20)                       DAMAGE CONDITION REPORT

In case, the car you have received is damaged in any way, we will evaluate the damage. After case evaluation, if damage is found on our end, we will be taking responsibility and offer compensation or repairing charges to you. The evaluation process includes internal and external inspection (body, wheels, interiors, etc.) and accident photographs, to estimate accurate damage reimbursement.

We have a rigorous evaluation process and ensure complete transparency throughout damage verification. We ensure that all your complaints and demands are vigilantly catered to as we respond to your reports as quickly as possible.

Damages that you can claim:

v  Mechanical Issues

v  Missing Accessories

v  Damaged Exterior

v  Damaged Interior

    (21)              DUE DILIGENCE AND AUDIT RIGHTS

                                I.            We operate an anti-fraud and anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the marketplace.

                             II.            You agree to provide to us all such information, documentation and access to your business premises as we may require:

                          III.            in order to verify your adherence to, and performance of, your obligations under these terms and conditions;

                          IV.            for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or

                            V.            As otherwise required by law or applicable regulation.

          (22)                BREACHES OF THE TERMS AND CONDITIONS

a)      If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these terms and conditions.

b)      If you breach these terms and conditions, or if we reasonably suspect that you have breached these terms and conditions or any Toftrades codes, policies or guidelines in any way we may:

c)      temporarily suspend your access to our marketplace;

d)      permanently prohibit you from accessing our marketplace;

e)      block computers using your IP address from accessing our marketplace;

f)       contact any or all of your internet service providers and request that they block your access to our marketplace;

g)      suspend or delete your account on our marketplace; and/or

h)      Commence legal action against you, whether for breach of contract or otherwise.

i)       Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

(23)                       ENTIRE AGREEMENT

These terms and conditions and the Toftrades codes, policies and guidelines shall constitute the entire agreement between you (buyer) and us (Toftrades) in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

(24)                       VARIATION

a)      We may revise these terms and conditions, the Toftrades terms and conditions, and the Toftrades codes, policies and guidelines from time to time.

b)      The revised terms and conditions shall apply from the date of publication on the marketplace, Products than specified in Toftrades’ Offer, Confirmation or Agreement, as the case may be.

            (25)                       DEFINITIONS

In this Agreement the terms defined hereunder shall have the following meaning:

‘Agreement’ any agreement resulting from an Offer or Confirmation, and any agreement incorporating these Terms and Conditions by reference;

‘Confirmation’ all acceptances, acknowledgements or confirmations by Seller of any order of Buyer, including without limitation orders of Buyer resulting from any pricing or other framework agreement between any Buyer and Seller;

‘Custom Products’ Products designed and manufactured for the unique needs of Buyer, to Buyer's specifications or requirements,

 ‘Products’ the products sold by Seller;

‘Offer’ all quotations and offers of Seller to Buyer;

‘Seller’ Toftrades a Ghanaian Corporation, incorporated under the laws of the Ghana

(                       LIMITED WARRANTY AND DISCLAIMER

A.    Toftrades warrants that under normal use the Products (excluding any Excluded Products shall, at the time of delivery to Buyer and for a period of twelve (12) months thereafter (or such other period as may be agreed-upon in writing by the parties), be free from defects in material or workmanship and shall substantially conform to Toftrades’ specifications for such Products, or such other specifications as Toftrades has agreed to in writing, as applicable.
 

B.     Toftrades’ sole and exclusive obligation, and Buyer's sole and exclusive right, with respect to claims under this warranty shall be limited, at Toftrades’ option, either to (a) the replacement or repair of a defective or non-conforming Product, or (b) an appropriate credit for the purchase price thereof. Toftrades will have a reasonable time to repair, replace or credit. The non-conforming or defective Products shall become Toftrades’ property as soon as they have been replaced or credited for.
 

C.     All Excluded Products shall be delivered AS IS WITHOUT WARRANTY OF ANY KIND.
 

D.    Notwithstanding the foregoing, Toftrades shall have no obligations for breach of warranty if the alleged defect or non-conformance is found to have occurred as a result of: environmental or stress testing, misuse, neglect, improper installation, accident, improper repair, alteration, modification, improper storage, improper transportation or improper handling of the Products, after the risk of loss in the Products has passed to Buyer.
 

E.     Buyer may ship Products returned under warranty claims to Toftrades’ designated facility only so long as the returns are in conformance with Toftrades’ then-current return material authorization policy and are accompanied by a duly completed return material authorization form issued by Toftrades. Where warranty adjustment is made, Toftrades will pay for freight expenses. Buyer shall pay for returned Products that are not found to be defective or non-conforming together with the freight, testing and handling costs associated therewith.
 

F.      THE EXPRESS WARRANTY GRANTED ABOVE SHALL EXTEND DIRECTLY TO BUYER AND NOT TO BUYER'S CUSTOMERS, AGENTS OR REPRESENTATIVES. THE EXPRESS WARRANTY GRANTED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ALL OTHER WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED BY SELLER.