Money Back Guarantee Terms

Welcome to Simxas

Buyer Protection Money Back Guarantee Official Rules, Terms & Conditions

These Terms & Conditions apply to the Buyer Protection Money Back Guarantee in Simxas.

1. Promoter:

The contracting party determined in the transaction service agreement on simxas.com (“Simxas” or the “Promoter”).

2. Eligible Member:

You must be a registered member of Simxas with a valid account and have successfully made and completed a purchase of goods and or services on Simxas.

3. Buyer Protection Period:

The number of days that is appearing or confirmed on the product listing page at the time when the Eligible Member completed the purchase from the seller on Simxas which the seller guarantees the Eligible Member that it would receive the goods and or services ordered from the seller, start counting from the day the Eligible Member completes such purchase on Simxas.

4. Rules

a). If the Eligible Member does not receive the goods and or services within Buyer Protection Period or receives goods and or services that are sub-standard in its view, the Eligible Member may initiate the dispute procedures on the Simxas platform to report the incident to Simxas.

b). During the Dispute Procedures, Simxas will investigate this incident considering but not limited to the following factors:

(i) Whether goods and or services received by the Eligible Member are damaged, defective, or are substantially different from what has been presented or described on the product listing page;

(ii) Whether the non-arrival of goods and or services to the Eligible Member is due to factors beyond its control;

(iii). Whether the non-arrival of goods and or services to the Eligible Member is due to error or miscommunication on the part of the Eligible Member. For example, providing incorrect shipping address etc ; or

(iv) Whether the goods and or services are returned to the seller due to such goods and or services not being able to clear customs.

c). Simxas may ask the Eligible Member for relevant information, documentation, records and or other evidence to support Eligible Member’s claim.

d). After the Dispute Procedures, Simxas will determine (which is final and not subject to appeal). If the determination is in favor of the Eligible Member, subject to the terms of the Rules (including but not limited to the force majeure clause in article 6 of this Terms), the Eligible Member will be eligible for a refund within 15 days from the date of completion of the Dispute Procedures. Such refund will be generally credited to the same means of payment used by the Eligible Member when placing the affected order on Simxas, unless the parties have agreed on some other means and subject to the relevant technical constraints.

5. General Rules:

a). By participating in this Buyer Protection, you agree to be bound by these Rules.

b). Any fraud and or abuse by you as determined by the Promoter at its sole discretion will result in forfeiture of your eligibility to this Buyer Protection and or rights under these Rules.

c). Simxas is not responsible for any illegible, delayed, responses, misdirected, lost, incomplete or undeliverable entries, late, or other correspondence, whether by e-mail or otherwise.

d). Simxas shall determine at their sole discretion base on the Promoter’s record, the eligibility to this Buyer Protection. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.

e). Simxas reserves the right to amend these Rules without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.

f). Simxas reserves the right and absolute discretion to cancel or revoke anyone’s right to participate in this Buyer Protection.

6. Force Majeure:

Under no circumstances shall Simxas be held liable to the Eligible Member for this Buyer Protection or any rights under these Official Rules due to or resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of Simxas or the relevant seller, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of transportation or business operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any government agency) in the event of a national or regional spread of epidemic or pandemic and other correspondence.

7. Conflict of Terms and Conditions:

a). In case of any discrepancy in the content between the English and other non-English language versions of these Rules, Simxas shall determine which language prevails.

b). In the event that any of the terms under these Rules conflict with rules and or any such related information displayed elsewhere on Simxas, the terms under these Rules shall prevail here.

8. Disclaimer:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS BUYER PROTECTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9. Disputes:

You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to the Eligible Member or anyone else for any dispute or claim that arises out of your participation in this Buyer Protection.

10. Governing Law and Dispute Resolution: You agree that this Buyer Protection is governed, interpreted and enforced by the laws of Ghana, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with these Rules must be finally resolved as stipulated on Simxas. By arbitration with the Ghana International Arbitration Centre, except as otherwise stipulated under applicable law.