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TERMS OF SALES

Between EURAFTRADE SARL,

12 AV. Jacques Opangault industrial area of the Pointe-Noire CONGO fair, with the share capital of 1,000,000 FCFA.

registered in the Pointe-Noire Trade and Companies Register, under the number SCIEN 1733452 represented by Valery BOUPDA KAMDEN as manager, duly authorized for the purposes hereof.

The company can be reached by email by clicking on the contact form accessible via the homepage of the site. Or directly using the address info@euraftrade.com.

Hereinafter the “Seller” or the “Company”. On the one hand, And the natural or legal person purchasing the products or services of the company, Hereinafter, "the Buyer", or "the Customer" On the other hand, It has been exposed and agreed what follows :

 

PREAMBLE

The Seller is the publisher of Products and Services from 1733452013 intended for consumers, marketed through its websites (www.euraf-shop.com). The list and description of the goods and services offered by the Company can be consulted on the aforementioned sites.

Article 1 : object

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: legal dispositions

These General Terms and Conditions of Sale govern sales of Products or Services, made through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order. The Seller reserves the right to modify these, at any time by the publication of a new version on its website.

Applicable then are those in force on the date of payment (or first payment in case of multiple payments) of the order. These can be viewed on the Company's website at the following address : www.euraf-shop.com.

The Company also ensures that their acceptance is clear and unreserved by setting up a check box and a validation click.  The Customer acknowledges that he has received the advice and information necessary to ensure that the offer meets his needs. The Client declares that he is able to contract legally under Congolese law or validly represents the natural or legal person for which he undertakes.

Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

 

Article 3 : Price

The prices of products sold through websites are indicated in Euros excluding taxes and precisely determined on the product description pages. They are also indicated in euros all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs.

For all products shipped outside the geographic area, the price is calculated automatically excluding tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be due in certain cases. These rights and sums are not the responsibility of the Seller.

They will be charged to the buyer and are their responsibility (declarations, payment to the competent authorities, etc.) The Seller therefore invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future.

The telecommunication costs necessary to access the Company's websites are borne by the Client. If applicable also, delivery costs.

Article 4: Conclusion of the online contract

 The Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:

 Information on the essential characteristics of the Product; - Choice of the Product, if applicable, of its options. Indication of the Customer's essential contact details (identification, email, address, etc.); Acceptance of these General Conditions of Sale. Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before confirming, the Buyer has the possibility of checking the details of his order, its price, and correcting any errors, or canceling his order. Confirmation of the order. The confirmation of the order will prevail the formation of this contract. Then follow the instructions for payment, payment for the products, then delivery of the order.

The Customer will receive confirmation by email of payment for the order, as well as an acknowledgment of receipt of the order confirming it. He will receive a .PDF copy of these general conditions of sale.

The customer will have the opportunity during their ordering process to identify any possible errors in data entry and to correct them.

The language proposed for the conclusion of the contract is French.The terms of the offer and the general conditions of sale are sent by email to the buyer when ordering and archived on the Seller's website. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the "additional rules" section of these, which can be consulted on the Seller's website at the following address: www.euraf-shop.com .

The archiving of communications, of the order, of the details of the order, as well as of the invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy. This information can be produced as proof of the contract.  

For the delivered products, the delivery will be made to the address indicated by the Customer. For the purpose of order fulfillment, the Customer undertakes to provide its true identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request made in bad faith or for any legitimate reason.

 

Article 5 : Products and services

The essential characteristics of the goods, services and their respective prices are available to the buyer on the company's websites, as well as, where applicable, the method of using the product.

The consumer is informed, by way of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount owed by the Buyer is indicated on the order confirmation page. The selling price of the product is that in force indicated on the day of the order, it does not include the shipping costs invoiced in addition.

These possible costs are indicated to the Buyer during the sales process, and in any event at the time of confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services.

The customer certifies having received a detail of the delivery costs as well as the methods of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details, and to its activities in the context of this sale.

The Seller undertakes to fulfill the Customer's order within the limits of the stocks of Products available only. Otherwise, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller reimburses the customer. The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value.  The period of validity of the Products offer and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services.

The period of validity of the Products offer and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these relate to a continuous or periodic supply of products or services.

Except special conditions, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated).

 

Article 6 : Compliance

The products and services offered for sale through these GTC meet the requirements in force relating to the safety and health of people, the loyalty of commercial transactions and consumer protection. Irrespective of any commercial guarantee, the Seller remains liable for conformity defects and hidden defects in the product.

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility.

In accordance with the legal provisions regarding compliance and hidden defects. The Seller refunds or exchanges defective products or products that do not correspond to the order. Reimbursement can be requested in the following manner: filing of a complaint at the address info@euraftrade.com .

 

Article 7 : Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8 : Delivery terms

The products are delivered to the delivery address which was indicated when ordering and within the time limits indicated. These times do not take into account the time of preparation of the order.

When the Customer orders several products at the same time, these may have different delivery times routed in the following ways: delivery via one or more packages. In the event of delay in shipment, file a complaint with info@euraftrade.com .

In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in the Consumer Code. The Seller then reimburses the product and the "outward" costs under the conditions   of the Consumer Code.

The Seller makes available a telephone contact point (cost of local communication from a landline) indicated in the order confirmation email to follow up on the order.  The Seller recalls that when the Customer physically hangs possession of the products, the risk of loss or damage to the products is transferred to him. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.

Article 9 : Availability and presentation

If an item is unavailable for a period longer than 30 working days, you will be immediately notified of the expected delivery times and the order for this item may be canceled on request. The Customer may then request a credit for the amount of the item or its full refund and the cancellation of the order.

 

Article 10 : Payment

Payment is due immediately upon order, including for pre-order products. The Customer can pay by credit card or bank check. Cards issued by banks domiciled outside the Congo must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted in the rules of the art and can not be read during transport over the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information.

In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated.

The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale is immediately automatically resolved and the order canceled.

Article 11 : withdrawal period

 

In accordance with the provisions  of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company as ollowing: filing a complaint at info@euraftrade.com . We inform Customers that in accordance with the provisions  of the Consumer Code, this right of withdrawal cannot be exercised for any article whose manufacturing or delivery process is in progress.

In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) ; if possible, they must be accompanied by a copy of the proof of purchase. In accordance with legal provisions, you can request the standard withdrawal form to be sent to us at the following address: filing a complaint at info@euraftrade.com . Refund procedure: the refund procedure can be carried out after an investigation of the product (s) purchased, more details filing a complaint at info@euraftrade.com .

Article 12 : Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects in the products. The Seller reimburses the buyer or exchanges products which are apparently defective or do not correspond to the order placed.

The refund request must be made in the following manner: filing of a complaint at the address info@euraftrade.com .

The Seller recalls that the consumer :  has a period of 2 years from the delivery of the good to act with the Seller that he can choose between replacing and repairing the good subject to the conditions provided for in the provisions above. Apparently defective or not corresponding that it is exempt from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods.

 

Article 13 : Complaints and mediation

If necessary, the Purchaser may submit any complaint by contacting the company using the following contact details, filing a complaint at the address info@euraftrade.com.

 

In accordance with the provisions of the Consumer Code, the consumer is informed that he can have recourse to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.

If the claim request to the Seller's customer service fails, or if there is no response within two months, the consumer can submit the dispute to a mediator, who will independently try to bring the parties together. with a view to obtaining an amicable solution.

 

 

Article 14 : Contract termination

The order can be resolved by the buyer by registered letter with request for acknowledgment of receipt in the following cases: delivery of a product not conforming to the characteristics of the order, delivery exceeding the deadline fixed at the time of the order or, failing this date, within thirty days of payment; unjustified price increase or modification of the product. In such cases, the buyer can demand the refund of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 15 : Droits de propriété intellectuelle

The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller.

No assignment of intellectual property rights are not realized through the present these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

 

Article 16 : Major force

The execution of the seller's obligations hereunder is suspended in the event of a fortuitous event or force majeure which would prevent its execution.

Article 17: Revocation or modification of the contract

If one of the stipulations of this contract is canceled, this nullity would not result in the nullity of the other stipulations which will remain in force between the parties.

Any contractual modification is only valid after a written and signed agreement of the parties,  the Seller implements personal data processing which aims at the sale and delivery of products and services defined in this contract.

The Buyer is informed of the following items: the identity and contact details of the controller and, if applicable, of the representative of the controller: the Seller, as indicated at the top of these GTC ;  the data protection officer contact:  the legal basis of the processing: contractual execution,, the recipients or the categories of recipients of personal data, if they exist:  the data controller, its departments in charge of marketing, the departments in charge of IT security, the service in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sale operations as well as any authority legally authorized to access the personal data in question no transfer outside the Congo is planned , data retention period: time for commercial prescription , the data subject has the right to ask the data controller for access to personal data, rectification or deletion these ones, or a limitation of the processing relating to the data of the person concerned, or the right to object to the processing and the right to data portability.  The person concerned has the right to lodge a complaint with a supervisory authority, , the information requested during the order is necessary for the establishment of the invoice and the delivery of the goods ordered, otherwise the order cannot be placed. No automated decision or profiling is implemented through the order process.

 

Article 18 : Applicable law and clauses

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations which are referred to therein, will be subject to French law. The nullity of a contractual clause does not invalidate these general conditions of sale.