ARTICLE 1 : Purpose
The present “Terms and Conditions of Use” aim at the legal framework of the conditions of provision of the services of the site www.africabaie.com and their use by the “User”.
The Terms and Conditions of Use must be accepted by any User desiring to access the site. They form the contract between the site and the User. Access to the site by the User means he has accepted these terms and conditions of use.
In case of non-compliance to the general conditions of use stipulated in this contract, the User must renounce access to the services offered by the site.
www.africabaie.com reserves the right to modify unilaterally and at any time the content of these terms and conditions of use.
ARTICLE 2 : Legal notice
The edition of the www.africabaie.com website is provided by the company The BAY Technologies 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 3 : Definitions
The purpose of this provision is to define the various essential terms of the contract:
- User: this term refers to any person using the site or any of the services provided by the site.
- User content: this is the data provided by the User within the site.
- Member: the User becomes a member when he is identified on the site.
- Username and password: all information required to identify a User on the site. The Username and password give the User access to services reserved for members of the site. The password is confidential.
ARTICLE 4 : Access to the services
The User has free access to the following services:
- Viewing of items and their features (price, size, availability, etc);
- Creation and management of his account;
- Free online publishing of items in accordance with these Terms and Conditions of Use and Terms and Conditions of Sales;
- Publication of notices and comments on articles;
- Publication of comments / personal works;
The site is freely accessible fto any User having Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his own expense.
A Non-Member User cannot have access to member services. For this, he must identify himself with his Username and password.
The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not undertake to reach this result.
Any case of force majeure event, resulting in a malfunction of the network or the server is not under the responsibility of www.africabaie.com.
Accessing the services of the site may be subject to interruption, suspension, modification without notice for maintenance or any other case at any time. The User undertakes not to claim any compensation following the interruption, the suspension or the modification.
The User may contact the site by e-mail at firstname.lastname@example.org.
ARTICLE 5 : Intellectual property
The trademarks, logos, signs and other content of the site are protected by the Code of Intellectual Property and especially by copyright.
The User requests prior authorization from the site for any reproduction, publication, copy of the various contents.
The User agrees to use the contents of the site only for personal purposes. Use of the contents other than those mentioned in these Terms and Conditions is strictly forbidden.
the User will bear all responsibility regarding the content that he/she will post. The User agrees not to put post any content that may affect the interests of third parties. Any legal action brought by an injured third party against the site will be the responsibility of 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 6 : Personal data
The information required for registration on the site is necessary and mandatory for the creation of the User account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
The site assures the User a collection and treatment 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 User has a right to access, correct, delete and oppose his personal data. The User exercises this right via:
- a contact form;
- by e-mail to email@example.com
ARTICLE 7 : Liability and force majeure
The items sold on the site are deemed original. However, the site reserves the faculty of a non-guarantee of the originality of the articles. Items published for sale on the site are published by other Users. Thus, it is the sole responsibility of the User to verify the originality of this site.
The User makes sure to keep his password secret. Any disclosure of the password, regardless of its form, is prohibited.
The User assumes the risks related to the use of his username and password. The site declines any responsibility.
If the User directly or indirectly, uses the service and it results in damage to the operation or reputation of the site must be compensated for the benefit of the site.
An optimal guarantee of the security and the confidentiality of the transmitted data are not ensured by the site. However, the site is committed to implementing all necessary means to best guarantee the security and confidentiality of data.
The responsibility of the site cannot be committed in case of force majeure or the unpredictable and insurmountable fact of a third party.
Article 8: Hypertext links
Many external hypertext links may be present on the site, however the web pages where these links lead do not engage the responsibility of www.africabaie.com as they are outside the control of the site.
The User is therefore prohibited to engage the responsibility of the site regarding the content and the resources relating to these external hypertext links.
ARTICLE 9 : Evolution of the contract
The site reserves the right at any time to modify the clauses stipulated in this contract.
ARTICLE 10 : Duration
The duration of this contract is not defined. The contract has effects from the moment the User starts to use the service.
ARTICLE 11 : Law and Jurisdiction
French legislation is the one applicable to the present contract. In case of absence of amicable resolution of a dispute born between the parties, only the commercial courts of the city of Paris are competent.
ARTICLE 12 : Publication by the user
Any member is authorized by the site to post any item for sale.
In his posts of items for sale, the member undertakes to respect the rules of the Netiquette and the rules of the law in force.
The site exercises an a priori and a posteriori moderation on the posts and reserves the right to refuse their putting on line, without having to justify it to the member.
The member remains the owner of all his intellectual property rights. But by publishing an item / product on the site, it gives to the site www.africabaie.com the non-exclusive and free right to represent, reproduce, adapt, modify, disseminate and distribute its publication, and only its publication, directly or by an authorized third party, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The Member assigns in particular the right to use its publication on the internet and on the mobile networks.
The website www.africabaie.com agrees to quote the name of the member within each use of their post.