ARTICLE 1 : Legal notice
The edition of the www.africabaie.com website is provided by the company OneMobile Communication and hosted by OVH Head Office is located 2 rue Kellermann – 59100 Roubaix – France, SAS capital of € 10 069 020, APE Code 2620Z, and the VAT number is FR 22 424 761 419.
Any information available on this site is ruled by the French and international legislation on copyright, NICT law and intellectual property. All rights of reproduction are reserved, including for iconographic and photographic documents.
ARTICLE 2 : Essential features of the items, products and services sold
The website www.africabaie.com does not sell directly any articles or products but rather services:
- We make available to Users (so-called Sellers-Users) our website so that they can put online items, products for sale. The Buyer-User is the one who buys a product via our site from a Seller-User. As such, we serve as a platform for hosting such items. This hosting is subject to the price conditions defined in the article below.
- We also ensure free advertising and communication of items and products posted on our website.
The customer declares that he/she has read and accepted the Terms and Conditions prior to the placing of his order. The validation of your order is therefore valid for acceptance of the Terms and Conditions.
ARTICLE 3 : Price and Commission
For each item / product posted on our website by the Seller-User, we charge a commission of 5% only when it is sold plus 0.50 cents euro per item sold, the selling price of which is lower 20 Euros, 0.80 cents between 20 and 80 Euros, and 1 euro for a sold article the price of which is over 80 Euros. This percentage and fixed fee correspond to the price of the service we offer.
The prices of the items and products are displayed according to the geographical zone and set by each Seller-User according to the Terms and Conditions specific to his shop. Prices displayed include taxes (VAT).
The Buyer-User is the importer of the products he buys and he is solely responsible for the returns and payments of any customs duty or other tax that may be payable in his country.
The consultation of items and products for sale is free for the Buyer-User as well as the Seller-User.
Delivery fees are not included in the displayed price. The purchase order indicates the amount of the delivery fees before placing any order and is defined by each Seller-User according to the geographical area of dispatch, the nature of the item/ product, and the carrier.
Only the website can cash the payments related to sales that took place there. The website will pay half the amount of the sale less the commission and the fixed costs at the time of sale; then the other half after the Buyer-User has confirmed the receipt of his item/ product.
ARTICLE 4 : Product Availability
The available products are displayed on our site with the mention “available” or “in stock”. In order to best meet the expectations of our customers, the website regularly updates the availability of the items.
If the item you ordered is unavailable after the validation of your order, you will be immediately informed. We will cancel your purchase. If the amount has already been withdrawn, it will be reimbursed your funds immediately.
ARTICLE 5 : Order
You can proceed to you order directly on our website.
To place an order on our site, choose your items and add them to the cart. Validate the contents of your cart.
If you already have a customer account on our site, you will need to login. If it is not the case, you must sign up to identify yourself and validate your order.
The acceptance of the Terms and Conditions is essential for the confirmation of your order.
The Buyer-User chooses his delivery method according to the parameters defined by the Seller-User.
The Buyer-User is responsible for checking the details and the total amount of his order before any confirmation. The order is regarded as effective once the payment has been validated.
A confirmation e-mail for the order is sent to the e-mail address you specified when creating your account. It is the responsibility of the Buyer-User to keep his e-mail address up to date.
ARTICLE 6 : Shipping
We deliver anywhere in the world. We deliver exclusively to the address indicated by the customer.
The Seller-User is solely responsible for defining the method of delivery that he makes available to the Buyer-User. The delivery price is not included in the price displayed in the showcase next to each item/ product. However, the Seller-User has the obligation to display the price of the delivery during the checkout. They vary according to the features of the product purchased and the type of delivery preferred by the Buyer-User.
Delivery times are just for information. They can change due to different factors such as carrier availability, order processing, etc.
ARTICLE 7 : Payment methods
Several means of payment are accepted. As a Buyer-User, you have the option to pay by bank card (debit or credit) or PayPal.
We accept payments by credit card / visa / MasterCard / American Express. When paying online, indicate the number of your credit card, its expiry date and the 3 numbers on the back of it. Our online payment system is completely secure.
Full payment of the order is required before validation and shipping.
ARTICLE 8 : Withdrawal
In accordance with Article L121-20 of the Consumer Code, you have a right of withdrawal to exercise within seven working days after you receive your delivery. You do not have to justify reasons or pay any penalties, other than the cost of return;
Upon receipt of the product or the day of acceptance of the offer, you have a right of withdrawal of 30 calendar days, 21 days more than that provided by the French legislation.
The right of withdrawal does not apply to items made according to the specific indications of the Buyer-User and for personalized products. Also excluded from the right of withdrawal are products that are by nature perishable, which cannot be reshipped (such as downloads, lotions or used creams, etc.) or that may deteriorate.
To exercise the right of withdrawal, the User-Purchaser must send us expressly by e-mail to: firstname.lastname@example.org specifying information such as the order date, the order number, the Shop of Seller-User who issued the order. The item / product must be shipped within the time mentioned above, postmarked as proof.
The Buyer- User is also responsible for informing the Seller-User of his right of withdrawal via his sales area. The Buyer-User is responsible for the shipping fees incurred when returning of the item/ package.
In order for our returned product to be marketable again, you agree to return it to us in its original packaging and in perfect condition. The packaging can be opened and the item not damaged.
Upon receipt of the package, the Seller-User will automatically refunded for the amount of the order minus the initial delivery fees.
ARTICLE 9 : Guarantee and right of return of the product (hidden defect or malfunction)
A legal guarantee of conformity is set for you and thus from an application of the article L211-4 of the Consumer Code providing that:
- “The Seller-User is required to deliver a product that complies with the contract and he is liable for any lack of conformity existing at the time of delivery.”
- “He also responds to the lack of conformity resulting from the packaging.
The guarantee is applicable to our new or used items / products with a defect (lack of functionality, product unfit for the use to which you can expect, absence of the features presented online, partial or total dysfunction of the product, breakdown of the product), even in the absence of a contractual guarantee. The right of guarantee is expressed through the withdrawal and return of the item/ product itself.
The Buyer-User benefits from an additional guarantee defined by the Seller-User issuing the order.
In the case of a defective item / product, the costs for the forwarding are borne by the Seller-User who has to proceed with the replacement of the product and its return free of charge.
The presumption of lack of conformity no longer applies if it appears after 6 months following the sale and before 2 years. You must report the proof of the defectiveness of our product.
ARTICLE 10 : Conditions and terms of refund
The refund by the Seller-User or by www.africabaie.com , in accordance with the preceding article, is made by transfer to your virtual wallet as soon as possible and at the latest within 30 days from the date of exercise of the right of withdrawal.
ARTICLE 11 : Consumer claim
Any claim is to be addressed by e-mail to the e-mail email@example.com.The e-mail must clearly include the name, the number and the date of order and a precise description of the claim.
ARTICLE 12 : Intellectual property
The trademarks, logos, signs and other content of the site are protected by the Code of Intellectual Property and more specifically by copyright.
The User applies for the prior authorization of the site for any reproduction, publication, copy of the various contents.
The User agrees to use the contents of the site for private purposes only. Use of the contents other than those mentioned in these Terms and Conditions is strictly prohibited.
Any content posted by the User is his sole responsibility. The User agrees not to put on line any content that may affect the interests of third parties. Any legal action brought by an injured third party against the site will be borne by the User.
The content of the User may be at any time and for any reason deleted or modified by the site. The User receives no justification and notification prior to the deletion or modification of the User Content.
ARTICLE 13 : Responsibility
13.1: Responsibility of www.africabaie.com
We provide the Seller-User- with the necessary tools to maintain an online virtual store, namely:
- Publishing items/ products
- Definition of price and quantity in stock
- Price and shipping preferences
- A digital wallet to make and / or cash payments
- A dashboard to monitor his activities
After approval or disapproval of the application, an e-mail is sent which can or can include the reason for disapproval if it is the case.
As soon as the Seller-User has created his shop, he becomes solely responsible of its management. However www.africabaie.com has at its disposal tutorials, technical and functional assistance via the Internet to answer any queries he may have.
www.africabaie.com is not responsible for the checking of each item/ product post. Only the Seller-User is responsible for his shop and the posts issued.
www.africabaie.com is responsible for the collection of the income from sales, the control of the delivery + actual receipt by the Buyer-User, as well as the transfer of sales proceeds to the Seller-User minus the commission and the fixed fee.
www.africabaie.com reserves the right to close the shop of a Seller-User if a breach of any of the articles of these Terms and Conditions was observed.
13.2 :Liability of the Seller-User
As the owner of an online virtual shop, the Seller-User must:
- Ensure that items / products on sale do not present any counterfeit.
- Update daily or regularly its stock
- Keep the Buyer-User informed as soon as his order is shipped.
- Answer any pre and post sale questions from the Buyer- User
- Not publish or offer for sale any item / product contrary to morality and to these Terms and Conditions
no counterfeit, delivery must be on time, have his own intellectual property or be an authorized reseller, update its stock
He has 24 hours to ship the package if it is available in stock for all orders placed before Friday 12.00pm; and 48h for any order placed between Friday 12.01pm and Saturday 11.59pm.
Inform the platform when shipping the package, and the platform will in his turn informs the customer.
13.3 :Liability of the Buyer-User
Inform upon receipt of the package
- Responsibility of the site: check the profile of the Seller-Users, cannot check everything
In accordance with Article 1147 of the Civil Code, we undertake our contractual liability as of right in your case in case of non-performance or improper performance of the concluded contract.
However, our contractual liability cannot be engaged in the situations mentioned below:
- case of force majeure;
- a foreign event which cannot be attributed to us;
The photographs / illustrations / images of our site have no contractual value. They cannot therefore engage our responsibility.
ARTICLE 14 : Personal data
- Some customer information will be transmitted to the seller (name, address, postal code and telephone number) in order to allow the processing and delivery of the ordered products.
- The commercial offers of the site will be sent to the customer by [SMS / e-mail / phone / postage] if no opposition has been issued. The customer can at any time oppose the commercial offers at no cost by connecting to his personal space or by post.
- The information relating to the customer may be transmitted to commercial partners of the site, unless he objects to it.
The site assures the customer collection and processing of personal information in respect of privacy in accordance with the law n ° 78-17 of January 6, 1978 relating to data, files and freedoms.
Under articles 39 and 40 of the law dated January 6, 1978, the customer has a right of access, correction, deletion and opposition of his personal data. The customer exercises this right via:
- his personal space
- a contact form
- by e-mail
- by postage.
ARTICLE 15 : Disputes, Jurisdiction and Law
In case of dispute between the consumer and our company, the applicable law is French or American law depending on the nature of the act.
The French or American jurisdictions have sole jurisdiction to settle the dispute.