These terms and conditions (together with the information and policies contained in the “Customer Service” pages on the website and any other documents referred in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.allcaremedicalgh.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them) and the other services that we provide (the “Services”).

 

Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.

 

1) Understanding these Terms and Conditions

When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

When we refer to “PRICERIGHT”, “ALLCAREMEDICALGH.COM” “we”, “us” or “our”, we mean ALLCARE MEDICAL GH or, where relevant, its affiliates. Where we refer to “you” or “your” we mean you, the person using the Services.

We have used headings to help you understand these Terms and Conditions and to easily locate information. These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).

 

2) About us

IMPORTANT: If you are purchasing products from any of the brands or stores listed at the end of section 20 below (“Selected Partners”), then additional or different terms may apply to you in this section. Please see section 20 below.

We are ALLCARE MEDICAL GH and, along with certain of our affiliates, we operate the Website. ALLCARE MEDICAL GH OPERATING UNDER NKANSA-GYANE INDUSTRIES LIMITED is a company registered in ACCRA, GHANA and our registered office is at Nkansa-Gyane House, C88/11 Nkansa-Gyane, 3 Akushie St, New Town, Accra, Ghana. 

We, along with certain of our affiliates, provide the services through the website. Further details of the services we provide are set out in section 3 below. When you purchase products using the website, you are purchasing them from the third party retailers (“Partner(s)”) named on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorised by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us. or through us as your agent. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 5, 6 and 7 below.

Notwithstanding the above and any subsequent references to conclusion of contracts for the purchase of the products between you and the Partners, in some instances, when you purchase products using the website or app, you are purchasing them from ALLCAREMEDICALGH.COM entity and in those instances ALLCAREMEDICALGH.COM is not acting as an agent for any Partner. In those instances, the contract for the purchase of the products is between you and the relevant ALLCAREMEDICALGH.COM entity. We will inform you where ALCAREMEDICALGH.COM is the seller.

 

3) Our Services

The services we offer allow you to search through the Website and purchase products from a large number of partners and affiliates. As part of the Services, we also provide some ancillary services such as arranging the fulfillment and delivery of products, and providing you with customer service assistance. 

In order to use the Services you must be over 18 years of age.

 

4) We do not allow flawed items or products of lower quality than the corresponding market standards for sale on the website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us for an exchange or refund as long as product is not used or damage. Once the item is receive, you will receive a full refund of the defective item, or alternatively a discount or replacement. 

As a consumer, you have legal rights in relation to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights. The products sold by the Partners and the relevant Pricerightgh entity are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. 

 

5) Orders, prices, payment and taxes

By completing the check-out process and placing an order by clicking the “Place Order” button on the checkout page, you are offering to purchase the products from the the website. Your order for the products is subject to these Terms and Conditions which are incorporated into the contract between you and the relevant website entity. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available. 

If an item you ordered is out of stock, ALLCAREMEDICALGH.COM may, at its discretion, source and place an order for the same item with another Partner on your behalf. Should ALLCAREMEDICALGH.COM place such order on your behalf, we will notify you via email. After entering into the contract for the products with the website, the website will be under a legal duty to supply you with goods that are in conformity with your purchase. 

To order products you must be over 18 years of age and possess a valid credit / debit method of payment (please see section (c) below for details of acceptable payment methods). By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are authorised to use your selected method of payment to place your order and that there are sufficient funds in the relevant account to cover the cost of your order.

The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).

(a) Formation of the contract between you and the seller (website) The identity of the seller is shown on the order confirmation page when you place an order.

When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and the seller will be formed when we send this confirmation email. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price. If an item you ordered is out of stock ALLCAREMEDICALGH.COM may, at its discretion, source and place an order for the same item with another Partner on your behalf. Should ALLCAREMEDICALGH.COM place such order on your behalf, we will notify you via email. The confirmation email will include a description of the products purchased in the order and certain other information about your rights to cancel the contract between you and the seller (please see section 10 below for further information on your rights to cancel the contract).

(b) Formation of the contract between you and ALLCAREMEDICALGH.COM entity. The identity of the seller ALLCARE MEDICAL GH entity will be shown on your order confirmation when you place an order. When you place an order, you will receive an email confirming receipt and acceptance of your order. The contract between you and the relevant ALLCARE MEDICAL GH entity will be formed when we send this confirmation email. All orders are subject to availability and confirmation of the order price, and we may need to cancel your order (or part of your order) if the product is either not available, or not available at the order price.

(c) Pricing, availability and taxes. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Seller, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Website, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

Depending on your delivery address, different taxation rules and additional charges may apply. All items purchased on ALLCAREMEDICALGH is subject shipping charges. We will notify you during the checkout process. You will be responsible for payment of any such as VAT and other related charges that are not included in the price. 

Please note that if you return an item, the VAT charge will be refunded to you if they were originally included in the purchase price.

(d) Payment. When you submit your order, we carry out a standard pre-authorisation check on your payment method before products are dispatched.

 

6) Delivery

The estimated delivery date of the products will be stated in your order confirmation email. If you do not receive an estimated delivery date from us, we will deliver the order within 1-3 working days after the date of dispatch depending on the location of the delivery. 

If no one is available at your location to receive and sign for your order, the delivery driver will try and contact via phone or email, you will need to contact them to rearrange delivery at an extra cost

ALLCAREMEDICALGH.COM offers users the choice to receive notifications for order and delivery updates via SMS/WHATSAPP/ EMAIL. Message frequency may vary, and standard message and data rates may apply. To opt out, reply to the received message with “STOP”. Neither ALLCAREMEDICALGH.COM nor the carriers hold responsibility for delayed or undelivered messages.

 

7) Returns and Cancellation

Please note that in certain cases the Seller may reject your return of a product and ALLCAREMEDICALGH.com may, at its sole discretion, choose to purchase the product from you. You agree that legal title to such product will automatically pass to Pricerightgh.com (or its relevant group company) upon Pricerightgh.com (or its relevant group company) choosing to purchase such product from you.

To cancel a sale, you must clearly inform us, preferably:

• By email immediately at cancel@allcaremedicalgh.com telephone on +233 (0) 302 223 000, provide us order reference, your name, phone number, delivery address or
• By completing and returning the cancellation form set out at the end of this sectionand sending it to the address set out in the form.

If you cancel an order (or part of an order) during the cooling off period, you must return the product(s) within 7 days after the day on which you notify us of the cancellation, and ensure the item(s) comply with the conditions of our Returns Policy.

If you cancel a contract between us within the 7-day cooling-off period, we will process the refund due to you as soon as possible. In any case your refund will be completed within 10 days after the day on which the Partner received your return, or if earlier, the day on which we receive evidence that you have returned the product(s) to the relevant Partner’s address. You will have to bear the full cost of returning the product(s) to the Partner.

Model withdrawal / cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To: Notice of Contract Cancellation, Customer Services, 

ALLCARE MEDICALGH.COM, 

Nkansa-Gyane House, 

C88/11 Nkansa-Gyane Junction, 

3 Akushie St, New Town, 

Accra Ghana

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/for the supply of the following service*

*please delete as appropriate

Ordered On:

Received On:

Name of consumer(s):

Address of consumer(s):

Signature of the consumer(s) (only in case of notification of this form on paper):

Date:

For returns using our Free Returns service, please see our Returns & Refunds Policy.

 

8) Our Website

This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.

(a) Access to the Website. The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.

Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.

We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.

When you visit the Website and/or submit an order, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.

(b) Your conduct. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

You must not use the Website for any of the following:

In any way that breaches any applicable local, national or international law or regulation. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”. To cause harm, annoyance, inconvenience or needless anxiety to any person.

Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.

(c) Third Party Products and Services on the Website

The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.

We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.

(d) Linking. We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay.

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

(e) Our liability in relation to the Website. We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.

We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it. We do not in any way exclude or limit our liability for: 1. death or personal injury caused by our negligence; 2. fraud or fraudulent misrepresentation; 3. any other liability which cannot be limited by law. Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the Services to you (as set out in section 4) and the Partners’ supply of the products to you.

 

9) Privacy Policy

We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.

 

10) Intellectual property, software and content

We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved.

You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our prices and product listings) without our prior written consent.

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.

 

11) Ethical sourcing policy

As a reputable and trusted business committed to offering its customers high-quality products, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.

We will never knowingly allow a Partner to offer its products on the Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instil these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partners and other suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.

In order to address the changing needs of our customers, products made from fur or endangered species are no longer available on the ALLCAREMEDICALGH.COM Website

 

12) Final Sale

‘Final Sale’ items are not subject to allcaremedicalgh’s standard return policy and may not be returned. Any return or refund of ‘Final Sale’ items purchased from allcaremedicalgh.com are made at allcaremedicalgh’s absolute and sole discretion, subject to applicable laws.

 

13) Other important information

We reserve the right to close your ALLCAREMEDICALGH.COM account or restrict future orders at any time in our sole discretion.

Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

Events outside of our control – We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.

An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our or the Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page for details of how to get in touch with us.

 

14) Governing Law and Jurisdiction

Anything related to your order, use of the Websites or these Terms and Conditions are governed by English law. The courts of Ghana shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.