‎Website: https://www.bigxmarts.com

‎Brand Tagline: Think Globally, Shop Locally

‎Effective Date: 2nd September 2024

‎Jurisdiction: Republic of Ghana

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‎1. INTRODUCTION

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‎Welcome to BigXmarts, an online marketplace designed to connect buyers, sellers, vendors, businesses and service providers through a convenient digital shopping platform.

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‎BigXmarts provides an online environment where registered vendors can advertise and sell their products and services, while customers can discover, purchase and receive goods and services.

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‎These Terms and Conditions govern access to and use of the BigXmarts website, mobile services, accounts and related marketplace facilities.

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‎By accessing, registering on or using BigXmarts, you acknowledge that you have read, understood and agreed to comply with these Terms and Conditions.

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‎If you do not agree with these terms, you should discontinue using the platform.

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‎2. DEFINITIONS

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‎For purposes of these Terms and Conditions:

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‎- BigXmarts, We, Us or Our: Refers to the BigXmarts marketplace, its management, authorised representatives and operators.

‎- Platform: Refers to the BigXmarts website, applications and associated digital services.

‎- Customer/Buyer: An individual or organisation that browses, purchases or orders products or services through BigXmarts.

‎- Vendor/Seller: An individual, business or organisation registered to display, advertise or sell products or services on BigXmarts.

‎- User: Any person accessing or using the platform.

‎- Account: A registered user profile created to access BigXmarts services.

‎- Product: Any physical or digital item advertised or offered for sale.

‎- Order: A request submitted by a customer to purchase a product or service.

‎- Transaction: Any purchase, sale or payment-related activity conducted through the platform.

‎- In-House Sale: A sale of products or services owned, managed or directly offered by BigXmarts, rather than by an independent third-party vendor.

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‎3. ELIGIBILITY AND ACCOUNT REGISTRATION

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‎3.1. Users must provide accurate, complete and current information when creating an account.

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‎3.2. Users must be legally capable of entering into binding agreements. Minors may only use the platform with the involvement and supervision of a parent or legal guardian, where permitted by law.

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‎3.3. Users are responsible for maintaining the confidentiality of their login credentials.

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‎3.4. Each user is responsible for activities conducted through their account.

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‎3.5. Users must immediately notify BigXmarts if they suspect unauthorised access to their accounts.

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‎3.6. BigXmarts reserves the right to request additional information or verification documents where necessary to protect the platform and its users.

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‎4. VENDOR REGISTRATION AND VERIFICATION

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‎4.1. Individuals and businesses wishing to sell on BigXmarts must complete the vendor registration process.

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‎4.2. Vendors may be required to submit:

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‎- Valid identification.

‎- Business registration documents, where applicable.

‎- Business or shop address.

‎- Active telephone number and email address.

‎- Payment or settlement details.

‎- Product categories and business information.

‎- Any additional verification documents reasonably requested by BigXmarts.

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‎4.3. BigXmarts reserves the right to approve, reject, suspend or request additional information regarding any vendor application.

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‎4.4. Vendor verification does not constitute a guarantee of the vendor's products, financial standing or future conduct.

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‎4.5. Vendors must ensure that all information displayed on their storefronts is accurate and up to date.

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‎4.6. Vendors must not operate multiple accounts for fraudulent, misleading or abusive purposes.

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‎4.7. BigXmarts may suspend or terminate vendor accounts involved in fraudulent activities, repeated customer complaints, misleading advertisements or violations of these terms.

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‎5. VENDOR RESPONSIBILITIES

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‎Every vendor using BigXmarts agrees to:

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‎a. Provide genuine, accurate and lawful products or services.

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‎b. Upload clear product images and descriptions.

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‎c. Display correct prices and product specifications.

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‎d. Maintain accurate stock availability.

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‎e. Honour confirmed orders, subject to lawful cancellation circumstances.

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‎f. Process orders within the stated handling period.

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‎g. Communicate professionally with customers.

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‎h. Ensure that products meet applicable safety and quality standards.

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‎i. Provide accurate delivery information.

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‎j. Handle customer complaints and eligible return or refund requests responsibly.

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‎k. Avoid false advertising, counterfeit products and misleading promotional activities.

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‎l. Comply with all applicable laws and regulations in Ghana.

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‎Vendors must not use BigXmarts to engage in unlawful, deceptive or fraudulent commercial activities.

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‎6. CUSTOMER RESPONSIBILITIES

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‎Customers using BigXmarts agree to:

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‎a. Provide accurate registration and delivery information.

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‎b. Review product descriptions, specifications and prices before purchasing.

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‎c. Ensure that orders are correct before submitting them.

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‎d. Make payments using authorised payment methods.

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‎e. Be available to receive deliveries or make appropriate arrangements.

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‎f. Treat vendors, delivery personnel and BigXmarts representatives respectfully.

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‎g. Avoid fraudulent orders, false complaints and abusive conduct.

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‎h. Report suspicious activities, counterfeit products or misleading advertisements.

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‎Customers are responsible for ensuring that their contact and delivery details remain accurate.

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‎7. PRODUCTS, PRICING AND PRODUCT INFORMATION

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‎7.1. Vendors are responsible for ensuring that their product listings contain accurate information.

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‎7.2. Product prices must be displayed clearly in the applicable currency.

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‎7.3. Any applicable delivery charges, taxes or additional fees must be disclosed before an order is completed.

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‎7.4. Product images are intended to represent the actual products. Minor differences in colour, display or presentation may occur.

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‎7.5. BigXmarts reserves the right to remove listings that are misleading, unlawful, inaccurate or inconsistent with platform policies.

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‎7.6. Product availability is subject to stock confirmation by the relevant seller or BigXmarts.

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‎7.7. BigXmarts does not guarantee that every listed product will remain available at all times.

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‎8. ORDERS AND ORDER CONFIRMATION

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‎8.1. Customers may place orders through the available purchasing facilities on BigXmarts.

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‎8.2. Submission of an order constitutes an offer to purchase the selected products or services.

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‎8.3. An order is subject to acceptance and confirmation by the relevant vendor or BigXmarts, depending on the type of sale.

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‎8.4. BigXmarts or the relevant vendor may reject or cancel an order where:

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‎- The product is unavailable.

‎- The displayed price contains a genuine error.

‎- Payment cannot be verified.

‎- Fraudulent activity is suspected.

‎- Delivery is not reasonably possible.

‎- The transaction violates applicable laws or these terms.

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‎8.5. Customers will be notified of material changes or cancellations where reasonably practicable.

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‎9. IN-HOUSE SALES AND THIRD-PARTY SALES

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‎BigXmarts may facilitate two categories of transactions:

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‎9.1. In-House Sales

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‎These are transactions involving products or services directly owned, supplied, managed or sold by BigXmarts.

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‎For in-house sales, BigXmarts acts as the direct seller and is responsible for the applicable sales obligations, including product information, order fulfilment, customer communication and eligible returns or refunds.

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‎9.2. Third-Party Vendor Sales

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‎These are transactions involving independent vendors registered on BigXmarts.

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‎For third-party transactions, the vendor is responsible for the accuracy of product information, stock availability, product quality, order fulfilment and applicable after-sales obligations.

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‎BigXmarts provides the marketplace infrastructure through which customers and vendors can connect and transact.

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‎Nothing in this section removes any responsibility or legal obligation that BigXmarts may have under applicable law.

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‎10. PAYMENTS AND FINANCIAL TRANSACTIONS

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‎10.1. Customers must pay the displayed purchase price and applicable charges before or at the time required to complete an order.

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‎10.2. BigXmarts may support payment options including:

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‎- Mobile Money.

‎- Debit and credit cards.

‎- Approved online payment gateways.

‎- Other payment methods officially introduced by BigXmarts.

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‎10.3. Payment confirmation is subject to verification by the relevant payment service provider.

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‎10.4. Customers must not submit false payment confirmations or fraudulent transaction details.

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‎10.5. Vendors must provide accurate settlement information.

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‎10.6. Vendor payments, settlement periods, applicable deductions and transaction charges will be governed by the relevant vendor agreement or published vendor payment policy.

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‎10.7. BigXmarts may investigate suspicious transactions and temporarily delay processing where reasonably necessary for fraud prevention, payment verification or legal compliance.

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‎10.8. BigXmarts will not request a user's password, PIN or one-time banking authentication code.

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‎11. DELIVERY AND ORDER FULFILMENT

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‎11.1. Delivery arrangements may be handled by vendors, BigXmarts or authorised third-party delivery partners.

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‎11.2. Estimated delivery times will be communicated where available.

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‎11.3. Delivery charges may vary depending on location, product size, weight and delivery arrangements.

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‎11.4. Customers must provide correct delivery addresses and active contact numbers.

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‎11.5. Vendors must package products appropriately and dispatch orders within their stated processing periods.

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‎11.6. Delays caused by circumstances beyond reasonable control, including severe weather, transport disruptions or other unforeseen events, will be communicated where reasonably practicable.

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‎11.7. Customers should inspect delivered products and report visible damage, missing items or incorrect deliveries promptly.

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‎12. RETURNS, EXCHANGES AND REFUNDS

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‎12.1. BigXmarts aims to promote fair and transparent transactions between customers and vendors.

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‎12.2. A customer may request a return, exchange or refund where:

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‎- The wrong product was delivered.

‎- The product arrived damaged.

‎- The product is materially different from its advertised description.

‎- The product is defective or does not function as represented.

‎- The order was cancelled under circumstances entitling the customer to a refund.

‎- Any other applicable legal ground exists.

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‎12.3. Customers should submit complaints and return requests through the available customer support channels, providing the order reference and relevant evidence.

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‎12.4. Returned products may be inspected to establish the nature of the complaint.

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‎12.5. Refunds will be processed through an appropriate payment method, subject to verification and applicable legal requirements.

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‎12.6. Return delivery costs will be allocated in accordance with the reason for the return, the applicable policy and applicable law.

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‎12.7. Certain products may be excluded from voluntary returns for hygiene, safety, personalisation or other legitimate reasons, provided such exclusions are clearly communicated and do not override statutory consumer rights.

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‎12.8. Vendors must cooperate with legitimate return, exchange and refund requests.

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‎12.9. BigXmarts will maintain a separate Return and Refund Policy explaining the operational procedure and applicable timeframes.

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‎13. PROHIBITED PRODUCTS AND ACTIVITIES

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‎Users and vendors must not advertise, sell, purchase or promote:

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‎- Illegal drugs and prohibited substances.

‎- Counterfeit or stolen products.

‎- Illegal weapons and prohibited materials.

‎- Products prohibited by Ghanaian law.

‎- Fraudulent financial schemes.

‎- Products infringing intellectual property rights.

‎- Misleading or deceptive services.

‎- Any other restricted products or services prohibited by BigXmarts or applicable law.

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‎BigXmarts reserves the right to remove prohibited listings and suspend or terminate accounts involved in such activities.

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‎14. CUSTOMER REVIEWS AND RATINGS

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‎14.1. Customers may submit reviews and ratings based on their genuine shopping experiences.

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‎14.2. Reviews must be honest, respectful and relevant to the transaction.

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‎14.3. Users must not submit fake reviews, purchase ratings, manipulate feedback or post defamatory, abusive or misleading content.

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‎14.4. BigXmarts may remove reviews that violate its review guidelines.

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‎14.5. BigXmarts reserves the right to investigate suspicious review activities.

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‎15. ADVERTISING AND PROMOTIONS

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‎15.1. BigXmarts may offer advertising opportunities, promotional campaigns, discounts and special sales programmes.

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‎15.2. Vendors participating in promotions must comply with the applicable campaign conditions.

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‎15.3. Promotional offers are subject to their stated eligibility requirements, validity periods and availability.

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‎15.4. BigXmarts reserves the right to modify, suspend or discontinue promotions where reasonably necessary, subject to applicable law and any existing customer rights.

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‎15.5. Vendors must not publish unauthorised advertisements or misleading promotional claims.

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‎16. INTELLECTUAL PROPERTY RIGHTS

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‎16.1. The BigXmarts name, logo, brand identity, website design, platform content and proprietary materials are owned by or lawfully licensed to BigXmarts.

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‎16.2. Users must not copy, reproduce, distribute or commercially exploit BigXmarts intellectual property without written permission.

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‎16.3. Vendors retain ownership of their original product photographs, business logos and other materials, subject to rights belonging to third parties.

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‎16.4. By uploading content to BigXmarts, vendors grant BigXmarts a non-exclusive, royalty-free licence to display, reproduce, format and promote that content for the purpose of operating and marketing the marketplace.

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‎16.5. Vendors must ensure that they have the necessary rights and permissions to upload all materials.

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‎17. PRIVACY AND DATA PROTECTION

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‎17.1. BigXmarts recognises the importance of protecting the personal information of its customers, vendors and other users.

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‎17.2. Personal information may include names, email addresses, telephone numbers, delivery addresses, account information and transaction records.

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‎17.3. Such information may be collected and processed for purposes including:

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‎- Account registration and verification.

‎- Order processing and fulfilment.

‎- Payment verification.

‎- Customer and vendor support.

‎- Fraud prevention and security.

‎- Platform improvement and communication.

‎- Compliance with applicable legal obligations.

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‎17.4. BigXmarts will take reasonable steps to protect personal information against unauthorised access, misuse, loss or disclosure.

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‎17.5. Personal information will only be shared where necessary for legitimate platform operations, authorised transactions or legal compliance.

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‎17.6. Users should consult the separate BigXmarts Privacy Policy for further details about personal information handling and their rights.

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‎18. ACCOUNT SUSPENSION AND TERMINATION

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‎BigXmarts reserves the right to restrict, suspend or terminate an account where a user:

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‎- Violates these Terms and Conditions.

‎- Engages in fraud or suspicious transactions.

‎- Provides false registration information.

‎- Sells prohibited or counterfeit products.

‎- Repeatedly fails to fulfil confirmed orders.

‎- Harasses or threatens other users.

‎- Misuses the platform.

‎- Violates applicable laws.

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‎Where reasonably practicable, affected users will be notified of the reason for suspension or termination.

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‎Account termination does not automatically cancel outstanding obligations or eliminate rights arising from completed transactions.

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‎19. PLATFORM AVAILABILITY AND MAINTENANCE

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‎19.1. BigXmarts aims to provide reliable and accessible marketplace services.

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‎19.2. However, the platform may occasionally become unavailable due to maintenance, technical upgrades, security updates, server issues or circumstances beyond our control.

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‎19.3. BigXmarts may modify, upgrade or discontinue certain platform features where reasonably necessary.

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‎19.4. BigXmarts will endeavour to communicate significant planned interruptions where practicable.

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‎19.5. Users are encouraged to maintain accurate records of their transactions and communications.

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‎20. LIMITATION OF LIABILITY

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‎20.1. BigXmarts shall take reasonable steps to maintain a safe, reliable and functional marketplace.

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‎20.2. For third-party vendor transactions, BigXmarts is not automatically the manufacturer, owner or direct supplier of the products advertised by independent vendors.

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‎20.3. BigXmarts does not guarantee the independent business conduct, financial standing or future performance of every vendor.

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‎20.4. Nothing in these terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

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‎20.5. BigXmarts shall not be responsible for losses arising from circumstances beyond its reasonable control, subject to applicable law.

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‎20.6. Users remain responsible for exercising reasonable care when making purchases and sharing personal information.

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‎21. INDEMNIFICATION

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‎To the extent permitted by law, users agree to indemnify BigXmarts against reasonable losses, claims, damages and expenses arising directly from their unlawful conduct, fraudulent activities, infringement of third-party rights or material breach of these Terms and Conditions.

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‎This provision does not remove any rights or remedies that users have under applicable law.

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‎22. COMPLAINTS AND DISPUTE RESOLUTION

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‎22.1. BigXmarts encourages customers and vendors to resolve transaction-related complaints professionally and in good faith.

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‎22.2. Complaints should first be submitted to BigXmarts Customer Support for review and assistance.

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‎22.3. BigXmarts may request transaction records, photographs, payment evidence or other relevant information to investigate complaints.

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‎22.4. Where an amicable resolution cannot be reached, the parties may pursue mediation or other appropriate dispute-resolution procedures.

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‎22.5. Nothing in this section prevents any party from exercising their lawful rights before a competent court or relevant regulatory authority.

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‎23. GOVERNING LAW

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‎These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Ghana.

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‎Any dispute that cannot be resolved through appropriate alternative dispute-resolution procedures shall be referred to a court of competent jurisdiction in Ghana.

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‎24. CHANGES TO THESE TERMS

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‎BigXmarts reserves the right to update or amend these Terms and Conditions when necessary to reflect changes in business operations, technology, platform features or applicable laws.

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‎Updated terms will be published on the BigXmarts website with a revised effective date.

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‎Continued use of the platform after changes take effect constitutes acceptance of the revised terms, to the extent permitted by law.

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‎25. CONTACT AND CUSTOMER SUPPORT

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‎For questions, complaints, account issues, vendor enquiries or clarification regarding these Terms and Conditions, users may contact BigXmarts through its official support channels.

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‎Company: BigXmarts

‎Website: https://www.bigxmarts.com

‎Email: [email protected]

‎Telephone/WhatsApp: 0553135849

‎Business Address: Obuasi -Ghana

‎Country: Ghana

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‎26. FINAL ACCEPTANCE

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‎By registering, accessing or using BigXmarts, customers, vendors and other users acknowledge that they have read, understood and agreed to these Terms and Conditions.

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‎BigXmarts is committed to creating a trustworthy, convenient and accessible digital marketplace that supports businesses, empowers vendors and makes shopping easier for customers.

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‎BIGXMARTS – THINK GLOBALLY, SHOP LOCALLY.

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‎Connecting Businesses. Empowering Vendors. Serving Customers.