General Use Conditions
Version updated on 20/03/2016
FOREWORDWelcome on the AFRIKREA platform (www.afrikrea.com), property of the AFRIKREA company.
The Platform is the Internet platform of AFRIKREA, allowing access to the whole website deployed by AFRIKREA, which is the site http://www.afrikrea.com (thereafter designed as the « Website ») and the associated sub-domains.
The Website enables the encounter of sellers (thereafter the « Sellers ») with buyers, registered on the website to purchase (thereafter the « Buyers »).
The website enables also the encounter and exchange between the registered users (thereafter the « Members » ) and also the users publishing content on the blogs on the website (thereafter the « Bloggers »).
By using the website in any manner, including but not limited to visiting and navigating on the Website, you (« the user » or « you ») accept these conditions without restrictions, including the ones referenced presented here and referenced below and/or accessible by hypertext link.
The present general conditions of use (there after « General Use Conditions ») apply to all users of the website including without limitation the « sellers », « buyers », « bloggers », contributors to the content, information or any other element or service on the website www.afrikea.com and the services proposed on the website as a whole, or any other mean by the company AFRIKREA.
The website http://www.afrikrea.com is the community e-commerce platform of the craftsmanship, fashion, art, more globally the African creation or African inspired creation, which offers the sale of the creations made or distributed by the sellers in limited quantities.
The Website besides brings together the Sellers with any user of the platform, even not Buyer, who registered beforehand as a member, and offers also communication tools between Members. The Website also allows the publication and share of content by the visitors, members or bloggers.
All the products for sale on the Platform by the Sellers are designated thereafter as the « Products » .
1.1 « Blogger »: designate a Member that create a blog, whether this blog has articles or not.
1.2 « Buyer » : designate a Member that has shown his interest to at least one product by a ordering to at least one Seller (whether he accepts or not) or has « kept in mind » at least one product.
1.3 « Content(s) » : designate any content supplied by a Member on the Website, notably, without this list being limitative any Product, any data, information, text, any registered object, description, comment, evaluation of a Seller,, any name, nickname, picture, photography, sound, video, logo and any element entered on the website by the Member including during his registering, including in a mail, on a blog or on the shop of a Seller.
1.4 « Member » : designate anybody who registers on the website.
1.5 « Platform » : designate the functional and organizational structure implemented by AFRIKREA enables the encounter of Sellers and Buyers of the Products, accessible by the website at the address www.afrikrea.com , or any address(es) that might be substituted to it. The Platform includes the whole website and as such designates any part or the whole Website.
1.6 « Product »: designate a product put on sale on the Platform by a Seller. The Product must be conform to the present General Conditions and in Particular not be a Forbidden Product. =
1.7 « Forbidden Product »: designate a product forbidden to be sold on the Platform, as more detailed in the article 4.4 of the present General Conditions.
1.8 « Seller »: designate a Member that opens a virtual shop on the Platform and offers products to be sold on the Platform.
1.9 « User »: designate anybody who uses the Platform registered or not.
1.10 « Website »: designate the website at the url www.afrikrea.com (or any other address(es) that might be substituted) and its associate sub-domains. The Website is part of the Platform.
1.11 « Virtual Wallet » : designate: (a) for the Seller, the money reserve available on the Seller's account, using the secure credit card payment system of AFRIKREA (via MangoPay), and has been credited or debited of the amount of his orders or commissions. The Virtual Wallet can be used by the Seller to buy services or products on the Platform ; (b) for the Buyer , the money reserve on the Buyer's account that made at least one order on the Site using the secure CREDIT CARD payment system of AFRIKREA (via MangoPay), and has been refunded of all or part of his purchases by a Seller following a transaction. The Virtual Wallet can be used by the Buyer to purchase products on the Platform. Each member disposes of a Vitrual Wallet a the time of account creation, that allows him to pay his purchases and be paid according to the following General Conditions and MangoPay's General Conditions.
2 AFRIKREA’S OBLIGATIONS
2.1 The Platform is an online exchange and sale space on which Products, conform to the present General Conditions (and in particular to Afrikrea’s policy regarding Forbidden Products), can be put on sale, sold and acquired by Members, as long as their offer, sale or acquisition is not against the current legal provisions and the present General Conditions..
2.2 To this end, AFRIKREA (i) offers to Sellers the possibility to present and sells their products and their universe by the mean of one virtual shop for each Seller, (ii) provides to the Sellers tools allowing them to promote further their Products and (iii) propose community tools to the Members allowing them to discuss with the other members and exchange information about their passion.
2.3 AFRIKREA’s job limits to the intermediation between Buyers and Sellers, except specific mention of the present. AFRIKREA does not intervene in any way in the transactions between Buyers and Sellers, who decide on their own and to their own discretion, of the conclusion of the sale using the Platform. AFRIKREA is neither retailer nor owner of the Products offered on sale on the Platform, and never possess the Products on sale, except specific mention of the present.
So AFRIKREA has no control on the Products and in particular cannot guarantee that the Product will satisfy the Buyer. Also, AFRIKREA cannot guarantee to the Seller that the Product will not be returned and/or the sale cancelled by the Buyer, all these elements being exclusively and only under the personal responsibility of each Seller and Buyer, except specific mention of the present General Conditions
2.4 AFRIKREA on one hand and the Member on the other are independent parties, each acting in its own name and account. Except specific mention of the present General Conditions, the General Conditions presented do not create any subordination link, mandate, participatory company, common venture, employer/employee relations or franchiser/franchisee relation between AFRIKREA and any Member.
2.5 As AFRIKREA does not intervene in the transactions between the Buyers and Sellers, each Member free AFRIKREA (and all its social mandatory, management team, agent or employee) of all responsibility in the event of a dispute between Members for any reclamation, and of any damage present or future, presumed or not , noted or not, resulting directly or indirectly from these reclamations.
2.6 Without opposition to the preceding, AFRIKREA keeps the right to participate to the promotion of the Products put on line and sold by the Sellers, notably the implementation of partnership with other websites, and/or by publications in the medias and/or the sending of advertisement mails in respect of the legal provisions in effect. Such participation would not be any proof of a different responsibility but that of intermediary in the exchanges between Sellers and Buyers, considering that AFRIKREA is only promoting the Platform Afrikréa and all the products that are on it, but does not intervene in the Buyer-Seller relation regarding one or many Products specifically, except the cases limitatively enumerated in the present General Conditions.
2.7 AFRIKREA does not control the information given by its members and publicly displayed on the Platform. The information of the other Members can be offending, damaging, imprecise or misleading. The identity and quality of a Member can differ from those presented on the website. So AFRIKREA recommend caution and good sense from each user during his use of the Platform.
3 MEMBER’S OBLIGATIONS
3.1 To access the Platform, the Member must first register and open an account on the website. The registration is only allowed to moral entities and physical persons over 16 years old, having the capacity to accomplish legal actions, under reserve, for the minors, to have beforehand the formal authorization of their legal tutor. The registration of a moral entity can only be realized by a physical person empowered to represent it, who must be nominated.
3.2 Any person that registers as a Member on the Website commits to supply exact, updated and complete information and all other data (notably personal) that might be necessary to finalize and maintain the registration on the Platform, notably a valid e-mail address and all necessary complementary information to become Seller, Blogger or Buyer. Each member commits also to update his account and to add without delay any modification concerning his information. Each Member will be held sole responsible of any consequence that might result from the supply of invalid, erroneous or misleading information to AFRIKREA and/or another Member.
3.3 To register, the Member must chose an user name and password. The Member commits to not register under a username that might offend or violate the rights of a third person. Notably, the Member won’t use a username that will violate the copyrights, brands, corporate designations or business name of a third party.
3.4 The registration of the Member on the Website allows creating an unique account with which he can access the whole Platform.
3.5 The username and password of the Member are strictly personal and the Member commits to maintain its confidentiality. The registered Member is the only allowed to use the Platform via his username and password and commits to not allows anybody an access under his identity or username. The use of a Member username, associated with his password, presumes an access and use by the said Member. In the hypothesis where the Member realizes the access of his account by a third party, the Member must inform AFRIKREA immediately by e-mail at the address firstname.lastname@example.org.
3.6 Each Member commits to create and use only one account, except specific and formal mention by AFRIKREA for the Sellers. Any exception to this rule must be supported by a explicit request by the Member and an express and specific authorization by AFRIKREA. The creation or use of new accounts under one’s own identity or a third party’s without requesting and obtaining the authorization of AFRIKREA could result in the immediate suspension of the accounts of the Member and all services linked.
3.7 Each Member commits to using the Website and supplying Contents on the Website respecting the present General Conditions and the legal provision in effect.
3.8 Each Member is sole responsible of his Content, AFRIKREA only playing the part of passive intermediate for its upload and so not controlling the Content before its upload. The Member forbids himself to do any act or action :
(i) violating the copyright, patents, brands, sketches and models, fabrication secrets, divulgation right or private life of the third parties;
(ii) defamatory, injurious, denigrating or slanderous ;
(iii) discriminatory or inciting to racial, religious, ethnic violence or hatred ;
(iv) obscene or pedophile ;
(v) likely to be qualified of embezzlement, fraud, breach of trust or to fall as any other penal infraction ;
(vi) in order to obtain the transfer of money without in counterpart the delivery of a Product conform to the present General Conditions and of a value corresponding to the amount asked ;
(vii) likely to damage any informatics system or clandestinely intercept any data or information ;
(viii) pledging the responsibility of AFRIKREA or with consequence the benefit loss of all or part of the services provider of AFRIKREA et notably the Internet services, payment and/or data storage providers. ;
(ix) likely to damage the reputation of AFRIKREA or to constitute unfair competition or parasitic of AFRIKREA or any other Member or third party ;
(x) which violates any law or directive applicable or any contractual clause binding the Member.
3.9 By communication a Content via the Website, the Member grants AFRIKREA (but without any obligation to AFRIKREA) a non-exclusive, non-transferable, free and sub-license eligible, for the whole world, and the duration of the Member registration, to use, reproduce, represent, publish, put to disposal, communicate, modify, adapt, display on the Website and any other supports (notably any physical or numerical support, in any press or financial folder or report, presentation support, promotional and or advertisement material, website) by any means, all or part of the Content, without limitation in the number of copies, to storage, advertisement, promotion, marketing, communication, public relations purposes, and for the needs of implementation of partnerships or sponsorships with AFRIKREA’s partners. The Member acknowledge that any use of his Content made by AFRIKREA before his unregistration , the suppression of his account and the resolution of the present General Conditions, cannot be opposed by the Member.
3.10 By communicating a Content on the Website, the Member also grants directly to any User a non-exclusive, personal, non-transferable, non eligible to sub-license, for the whole world, to reproduce and represent the Content to private non-commercial purposes.
3.11 The Member acknowledges that his Content can be seen on the Website by any User that might access to his profile and follows his activity.
3.12 Each Member agrees to indemnify AFRIKREA in the event of action of a third party against AFRIKREA as soon as the action might have its cause, funding or origin any Content supplied by him on the Platform. Each Member commits to sustain all consequences , notably financiary, that might result of such action and to indemnify at first notice AFRIKREA.
AFRIKREA has the right, without indemnity, notification nor prior notice, to modify or suppress the Content that violates one the dispositions of the General Conditions, and also suspend or suppress the Member account.
3.13 In the event of a Member noticing the sale of Forbidden Products on the Website, he is and commits to alert immediately AFRIKREA using the button « Report Abuse » and/or by e-mail at email@example.com
3.14 The Member also forbids himself to (i) include in his research keywords terms harming the rights of a third party, and notably to the author rights, brands, social denominations or names of a third party or a Member, by using all or part of the username of another Member (ii) include in any content, any part of complete URL, address or domain name directing towards a website external to the Platform and/or (iii) to circonvine, use and/or oppose (or try to circonvine, use and/or oppose) to a service to be paid for on the Platform.
3.15 In the hypothesis of AFRIKREA learing about any act or intenent of a Member outside the Platform (i) in order to reroute/redirect or try to reroute/redirect all or part of the Buyers of the Site or entice all or part of the Buyers to not or not anymore buy on the Site or any virtual shops on the Site or the Platform, (ii) potentially dishonest, prejudicial, antitrade, degrading, slanderous, defamatroy, injurious, detrimental or damaging to AFRIKREA, the Platform, of any Member and/or any third party (iii) violating in any manner the legislations and rulings applicable, AFRIKREA keeps the right to terminate the member's account shop, and the following General Conditions.
3.16 The Member has the obligation to act in good faith n his relations with AFRIKREA and the other Members.
4 SELLER’S OBLIGATIONS
4.1 AFRIKREA’s goal is clear : help the Sellers to sale their Products and help them develop their activity . For more information, please consult the below article on Forbidden Products. It is also notably precised that the Products on sale on the website www.afrikrea.com are exclusively to be African or African inspired creations produced in limited quantities which means either :
- to be made of matter originated or commonly used in Africa, may it be the fabrics, pearls, patterns, design or any other component of the product.
- or having a message, usage or meaning clearly linked to or with Africa or the Afro
- or be created by a designer/artist/seller of African origin, nationality or ascendance
4.2 The Platform enables the Seller to create his virtual shop using an unique account which is associated to an e-mail address, an username and the password unique. Also, the Seller is obligated to propose to the Buyer the credit card payment method, to allow the Buyer to pay all the Products bought on different shops of the same Site in one payment and/or the amount enables the payment in 3 times
4.3 AFRIKREA also offers promotional tools to the Sellers (for example reduction coupons, partners offer etc…). The use or not of such tools offered by AFRIKREA is under the sole responsibility of the Seller.
4.4 Each Seller forbids himself to list and offer to sale on the website any Products:
(i) explicitly unauthorized to sale by AFRIKREA on the Website;
(ii) against the law and regulation effective or the good customs and morals or unauthorized according to the current dispositions , notably Forbidden Products (in particular the Products constituting illegal concealment or importation), violating the rights of a third party such as counterfeit Products as defined by the Code of intellectual property, sold in violation of selective or exclusive distribution networks, or stolen and/or non conform to the effective prescriptions relatives to security and the health of persons applicable to certain products (for example the toys, the electrical apparels, the cosmetic and corporal hygiene products, child care articles, textile articles or leather or leather-imitated articles) ; AFRIKREA brings to the Seller's attention the absolute necessity for the Seller that puts a Product on the market and especially to be sold on the Platform , to ensure that the Product is strictly conform to all legislation, ruling and other prescriptions applicable, starting from its production or fabrication to its purchase by the Buyer. Therefore, the Seller commits to engage all means necessary to reach this obligation of legal conformity, especially the implementation of auto-controls at all steps of the commercialization and the justification on demand of the competent authorities to control and verify accordingly.
(iii) which are not tangible and physical objects ;
(iv) which solicit s donations, complements, add-ons or any other pecuniary action supplementary.
(v) not corresponding or not exactly to a Product of the Seller, effectively available for purchase or to be sold on the Platform.
(vi) which the Seller to not dispose of and/or is not able to deliver , notably according to the delay indicated in the online offer.
4.5 In the event of AFRIKREA noticing, following an alert of a Member or by its own action, the selling of Forbidden Products on the website, AFRIKREA keep the right :
(i) to unlist the sale of Forbidden Products or any Products contrary to the present General Conditions ;
(ii) to block, suspend, close or suppress the account of the Seller ;
(iii) communicate the capable authorities all information required regarding the sell offer and/or buy of any Forbidden Product on the website, including the nominative information of Members if necessary and/or cooperate with the competent authorities on demand.
4.6 Each Seller commits :
(i) to indicate the complete and exact characteristics and specifications of Product on sale on the Platform and the fabrication delay, the Product price (all tax included if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
(ii) to carry out all necessary inquiries in order to fabricate or sale each Product in order for the offer to be accurate and that the Buyer might not be mistaken. Each seller is sole responsible of supplying the integrality of the sale offer elements notably the description, photos, price and cost and delay of delivery;
(iii) to put the Product in the proper category , the Seller being sole responsible of the category in which he indexes his product, this indexation cannot be interpreted in no circumstances as a guarantee from AFRIKREA on the origin, legal conformity and authenticity of this product.
4.7 Each Seller is the sole responsible of any products he puts to sale on the platform, also as the respect of all laws and regulations applicable to the fabrication and sale of these products, and will be sole responsible (notably in front of the Buyer but also of AFRIKREA) in case of damage caused by his Products and more globally of all consequences linked to the offer and sale of his products. AFRIKREA warm the Seller against the existence of specific regulation applicable to the sale and fabrication of certain regulated products such as for example , the toys, the electrical tools, the child care tools, the textile articles, the leather or leather imitation articles etc.. AFRIKREA can be in no manner hold responsible for the sale of a Product by the Seller that would not be conform the law and regulation in effect.
The Seller commits to guarantee AFRIKREA in the event of the complain, action , claim of a third party against the non conformity of a Product to the applicable legislation , and to indemnise AFRIKREA of all consequences linked to the non conformity of his Products to the laws and rulings applicable . The Seller commits accordingly to take directly to his charge the payment of all sums, including all eventual condemnations, legal fees, lawyer's fees and other amounts that might be due to this effect (or to reimburse AFRIKREA at first demand).
4.8 The Seller commit to keep all information on the Seller confidential and do not divulgate them. The Seller also commits to use the contact details and other data communicated by the Seller only for the purpose of ordering processing and the legal obligations corresponding. Notably the Seller commits to not propose to the Buyer products available outside the Platform and not to use the personal information of a Buyer for other objectives than the execution of the order on the Site.
4.9 Each Seller guarantees to own all the necessary rights to sale any Product offer to sale by him on the Platform and guarantees AFRIKREA against any reclamation regarding the content of a sale offer and/or the execution of the sale.
4.10 In case of a dispute between Sellers on the Content publicized by one of them (for example in case of counterfeit or illegal competition by one of the Sellers), it is to the Sellers to contact each other and settle the litigation. AFRIKREA is not bound to intervene in the dispute resolution in any case, even if AFRIKREA keeps the right to act/punish on the platform any or multiple parties concerned. AFRIKREA keeps the right to not pursue reclamations from a Seller in these cases, without encountering any responsibility at this title. Any potential intervention of AFRIKREA cannot be substituted to the consultation by the Seller of an advocate the case occurring.
4.11 The Seller that leaves for more than 48 hours, commits to suspend his virtual shop, by activating the deactivation function offered by AFRIKREA on the Platform. AFRIKREA also offers to the Sellers an option enabling the automatic reactivation of the Products.
4.12 The Seller which behavior (inside or outside the Platform)is susceptible to hurt the image and/or reputation of AFRIKREA or the Platform , might have his behavior sanctioned by AFRIKREA , conforming to the article 12.2 of the present General Conditions, notably in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers .
4.13 The Seller that wish to be paid using his Virtual Wallet must beforehand provide AFRIKREA with a detailed bank account information. The Seller accepts that the amounts that are due for the sales of Products on the Platform and that are paid by credit card , in 3 times or in a single cart , are credited on his Virtual Wallet. The Seller can get the amount of his Virtual wallet by bank wire, depending on the conditions met by the order progression and his status.
4.14 Case of the Professional Seller
The Seller acting as a professional must indicate it on the Platform and fill his registration number to the Commerce and Societies Register and any other information required by AFRIKREA allowing to identify him.
It is the responsibility of each Seller to determinate if he acts as a professional or not, by asking, if necessary, at his cost, the legal assistance necessary to determine his status and accomplish all proper formalities according.
AFRIKREA also reminds the Seller acting as a Professional his obligation to respect all the rules and obligations incumbent upon him in his quality of professional, regarding the applicable law, notably but without limitation to the consumption right (offer clarity made to the consumer, consumer information, Products disponibility, delivery conditions, retraction right of the consumer, remote and overbroad billing, guarantees etc..), the company law, social law , fiscal law, illegal, deceptive or aggressive competition laws, and those regarding the sales, that he declares to know perfectly.
The Seller acting as professional guarantees AFRIKREA that he will conforms as a professional to his obligations and indemnify AFRIKREA of all consequences linked to the violation of the Seller to any of his obligations as a professional Seller. The Seller then commits to directly take in charge the payment of any amount, including eventual condemnations, advocate fees and any other amounts that will be due according to that violation.
5 OBLIGATIONS OF THE BUYER
5.1 The Buyer can only create one account on the Platform. The opening of this account allows him to access the Platform and buy product on the Website, through the same account.
5.2 The Buyer commits to respect all the laws and regulation regarding the acquisition of any kind of goods.
5.3 After choosing his Product(s), the Buyer will have to verify the detail of this orders, the amounts and fill, if necessary, depending on the payment method chosen, the information allowing the payment of the Product(s) and correct eventual mistakes, the confirmation of his order by the Seller being automatically good for acceptation by the Buyer.
This confirmation will amount to a purchase offer.
5.4 As soon as the Buyer has ordered Product on the Platform, the Buyer accepts that his name, surname, and also his delivery address, country and town are communicated to the Sellers and potentially to any visitor of the website (through the ratings).
The Buyer is also responsible to verify his communicated address and cannot hold the Seller or AFRIKREA responsible , in case of mistakes in the address entered.
5.5 The orders done by the Buyer are independent one from another. If one or many orders are or were not accepted by the corresponding Seller(s), the other orders of the Buyer aren’t null and void and bound the Buyer. Therefore, the fact that one or many Product(s) ordered to one or many Seller(s) on the Platform is (are) not available is not a valid renunciation reason on the totality of the orders made, the Buyer being obligated to honor his order of the other Product(s) available.
5.6 As soon as the Product(s) ordered are received, the Buyer will confirm this reception . In the absence of reception confirmation of the Product(s) ordered, the Buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by the Seller, the transaction is considered finished between the Seller and the Buyer.
6 SALE PROCESS
6.1 To buy on the Platform, you have to register beforehand as a Member or register as a Member at the time of the purchase.
6.2 The payment methods available on the Platform are the following : through the secure credit card payment system implemented by AFRIKREA (via MangoPay) , payment by PayPal or payment by other means of payment (such as checks, wire transfert or cash on delivery etc..)directly to the Seller. The Buyer can also settles his purchases by his Virtual Wallet, given that it has sufficient credit. if not the Buyer cannot pay his purchase with the Virtual Wallet.
The sale is concluded between the Buyer and the Seller since the confirmation of the purchase by the Seller on the Site.
Please refer to the MangoPay General Conditions for any detail on creation, usage and limits inherent to the AFRIKREA Virtual Wallet.
6.3 The Buyer can add to his cart Products of several virtual shops and settle all of his cart in one time. In this case, the Buyer should settle the amount of his purchase by credit card or his PayPal account and the Seller must accept credit card payment. Following the payment, each Seller will manage the order of his Products in conformity with the stipulation of the following article 6 and more generally the present general conditions. As soon as the Buyer has finalized his order on the Website, an order confirmation will be sent to the Buyer and the Seller.
6.4 The sale is concluded between the Buyer and the Seller since the payment by the Buyer on the Site, given, in the event of payment by credit card using the secure credit card payment system implemented by AFRIKREA (via MangoPay), and the confirmation by the Seller before 48 hours of the order. Otherwise, passed this delay, the order is automatically canceled and the Buyer is automatically refunded. The shop of the seller will also be temporarily suspended after the 3rd consecutive orders not validated. In the event of confirmation by the Seller in the 48 hours, his Virtual Wallet will be credited of the amount of the transaction(Products' price plus delivery costs) minus the commission and transaction fees
NB: Amount transfered on the Wallet = Total order amount - (commission + transaction fees)
6.5 The Buyer can also pay in 3 times his order(s) on the Site. Transaction costs of 5% of the total amount of the order will be due by the Buyer. The payment schedule will be the following : a third of the order amount plus the transaction and shipping costs will be due at the time of the order, a third of the order amount at 30 days, and the balance at 60 days. This option is accessible to the Buyer only for the orders' amount above 60€ on the Site. The transaction costs can be offered and/or the minimum amount reduced by AFRIKREA in the event of punctual promotional operations. The payment should be done by credit card and the Seller must allow the payment by credit card in its virtual shop.
In the event of failure to debit the cards , recovery costs are to be planned.
6.6 The Seller is responsible of the expedition and shipment of the order to the Buyer, respecting the delivery delays announced to the Buyer at the time of the order and the legal dispositions applicable. The complete contact details of the Buyer will be accessible to the Seller once the payment done. As soon as the Seller is ready to expedite the order, he is to inform AFRIKREA and the Buyer, by indicating this last the delivery date or the delay necessary for the delivery. If the order is expedited by tracked mail , the Seller also commits to give the tracking number to the Buyer. The Products ordered are expedited and shipped at the risk and cost of the Seller.
6.7 At the delivery, the Buyer must confirm the good reception of the order.
6. 8 The transaction tracking can be done at any moment on the Website by the Member, using his account and evaluate the Seller, in order to wire the funds.
6.9 The reclamations, retraction rights use, refunding queries must be done by the Buyer directly to the Seller and will be dealt with directly between the Buyer and the Seller. The transaction is recognized as closed by the time the Buyer confirms the reception using his account, but doesn’t have the status “Ended” until the Seller is evaluated.
6.10 Once the order delivered, the Buyer can also evaluate the transaction using the evaluation sytem on the Website. At the end of which, the transaction will be marked as « Ended ».
6.11 AFRIKREA is in no case responsible of the sale and cannot give any guarantee at this subject.
6.12 The claims, retraction rights and refund requests of the Buyer must be adressed to the Seller and will be directly handled between the Buyer and the Seller conformably to the article 7. The transaction will be considered closed 21 days after the expedition by the Seller, except if there is a claim addressed by the Buyer.
6.13 AFRIKREA implemented a secure payment system by credit card on the Platform, allowing the Buyer to settle directly the amount order by credit card at the time of finalizing it. The payment by credit card will be mandatory in all cases specified in the following General Conditions. Also AFRIKREA will also impose the credit card payment if the order of the Buyer reaches the 3 times payment threshold.
6.14 In this case, the Seller authorize AFRIKREA, in his name and on his behalf to open an account in the institution and/or financial partner of AFRIKREA's choice proposing the corresponding services. The parties agree that this account will only be used for the ends mentioned in the following General Conditions in the hypothesis of the Buyer choosing to pay the Product(s) using the secure payment system implemented by AFRIKEA (with MangoPay)and inconformity with its stipulations and MangoPay's General Conditions. The Seller expressly renounce to the benefits of the sums (interests or others) eventually produced by the immobilization of the amounts perceived at the time of the order and the sale execution. The mandate is limited to the cash in of the amounts perceived in the name and on the behalf of the Seller.
6.15 In the hypothesis of a payment by credit card through the secure payment system of the Platform, transaction fees will be debited on the order amount. These transaction fees, independent of the commission due to AFRIKREA, will be of 3% of the total amount of the transaction (shipping costs included) and will be due by the Seller . The same is applicable for a payment made by Virtual Wallet.
6.16 As for the withdrawal of the funds from the Virtual Wallet, the Seller must wait either for the Buyer to confirm the reception of the Product(s) ordered (and not issue a claim following) or 30 days after marking the shipping of the goods (with a corresponding and valid tracking number).
Only the Verified Sellers (manually defined by AFRIKREA) will be allowed to withdraw their funds before so.
7 RECLAMATIONS AND RETRACTION RIGHT
7.1 The reclamations, reclamation right use and refunding queries done by the Buyer must be addressed to the Seller directly and will be directly dealt with between the Buyer and the Seller, without any intervention of AFRIKREA. It belongs to the Buyer and Seller to settle among themselves. The Buyer and Seller can each follow the procedure in their respective account and will benefit from an alert system in their order tracking area.
7.2 The Buyer and the Seller will act with all necessary diligences to the good resolution of the reclamation. The final decision to refund the Buyer belongs to the Seller. However, if the Seller refuses to oblige to a claim, the retraction, cancellation, or return demand formulated by the Buyer or does not treat this claim in the 48 hours following its issuance, AFRIKREA can study the claim or demand of the Buyer and, in case of abusive refusal or non-treatment by the Seller, to refund the Buyer of the order amount concerned. This amount will be billed to the Seller and cashed in the conditions displayed at the article 8.3. of these General Conditions.
7.3 In case of a claim and until the resolution of the dispute, AFRIKREA keeps the right to temporarily block the Seller's Wallet. In the event of repeated claims against a same seller or a elevated cancellation rate from the same Buyer, AFRIKREA also keeps the right to temporarily block the Virtual Wallet of the Member concerned, to suspend temporarily or definitely and/or suppress the Member's account.
7.4 In the event of a reclamation linked to a non-conform Product or to the use of the retraction right , the Buyer pledges to send back the Product to the Seller. In particular the Buyer commits to pack correctly the Product and to take the effective precautions to its shipment.
7.5 The Buyer that paid a Product by credit card through the secure payment system of the Platform will be refunded on his Virtual Wallet. In the event of a refund on this Wallet the Buyer can use the Virtual Wallet to realize other purchases on the Platform or at all time ask for the amount on his wallet to be credited on his credit card used initially.
8 FINANCIAL DISPOSITIONS
8.1 AFRIKREA Commission
AFRIKREA gets paid on the intermediation between Buyer/Seller and perceive a commission according to the principles described at the present article.
In compensation of the intermediation service supplied by AFRIKREA, the Seller agrees to pay AFRIKREA, following the acceptation of the order and its payment, a commission equal to 5% without taxes (6% all tax included) of the order amount (shipping costs excluded)and not including fees eventually due as explained in the following article 8.2 and/or linked to the payment method chosen by the Buyer.
The commission is due and gained once the Seller confirms the order, no matter the payment method.
In the event of the Buyer paying by “other payment methods” (check, bank transfer, etc…) the Seller commits to pay to AFRIKREA, as soon as he marked the payment as received, the commission of 6% all tax included of the order amount , shipping cost excluded.
In case of refund to the Buyer, the commission due to AFRIRKEA will be deducted from the next commissions, in proportion to the amount refunded to the Buyer and the Seller commits to pay the rest of the commission due. In these cases, the refund will be done pro rata of the amount refunded to the Buyer and the Seller commits to pay AFRIKREA of the commission balance eventually due. It is however stipulated that AFRIKREA will not refund the commission to the Seller in the hypothesis where (i) the Seller refuse to acknowledge a claim of a Buyer or does not treat in less than 48 hours and AFRIKREA refunds the Buyer or (ii) more generally, if the Seller does not respect the obligations stipulated in the present General Conditions of Use.
In the event of the implementation by AFRIKREA of specific operations (such as affiliation programs and/or partnerships with other companies and/or websites), the amount of the commission planned in these General Conditions might be modified. In this case, AFRIKREA will inform in advance each Member of the commission applied for such operation.
In the implementation by AFRIKREA of specific operations (such as affiliation program and/or partnership with other companies or websites), the amount of the commission given in the present General Conditions can be modified. In this case, AFRIKREA will notify beforehand each member of the commission of the applied commission for such operations.
AFRIKREA keeps the right without indemnity, to modify its policy regarding the sale of Products on the Platform and/or the commission received by AFRIKREA and inform its members. In the event of reduction of such commissions and fees, these modification will be effective as soon as they’re on the Website. If the modification is temporary (for example during exceptional promotion days), the duration of this modification will also be communicated to the members and displayed on the Website. In case of the rise of these fees and commissions , AFRIKREA will notify the Sellers that will be obliged to accept the new modifications. These modifications will be effective the month following the month during which these modifications were notified to the Sellers. If the Seller does not accept the new applicable financial conditions, he is free to terminate the present General Conditions respecting the article 11 of the present General Conditions, which will lead to the cancelation and suppression of his account in the disposition announced at the article 11.1 of the present General Conditions.
8.2 Transaction fees
In the case of a payment by credit card through the secure payment system of the Platform or a payment on the Virtual Wallet of the Seller, transaction fees will deducted from the order amount. These transaction fees, independently of the commission due to AFRIKREA, will be of 3% of the total transaction amount (shipping costs included). The transaction fees are not refundable in the case of refunding to the Buyer of his order amount or in case of cancellation of the transaction, except specific formal agreement of AFRIKREA.
8.3 Billing and Payment Mode
The commission and all other fees due to AFRIKREA will automatically be deducted from the amounts credited on the Virtual Wallet of the Seller in case of payment through the secure payment sytem of AFRIKREA (with MangoPay) at the time of the confirmation by the Seller of the order (at maxium 48 hours after the order. They will be automatically debited on the Virtual Wallet of the Seller, including in negative if the current balance is not sufficient. AFRIKREA keeps the right to debit at any time the amount of commission and fees due by the Seller on his Virtual Wallet.
The amount left due must be paid by the Seller by credit card or Paypal at any time and maximum 5 work days after the end of each month. In the event of nonpayment in these delays, a delay fee of 10% of the amount due could be asked. If a Seller wish to settle his commission by another mean, he must make the express and formal request to AFRIKREA by email on firstname.lastname@example.org.
In the event of payment by the Buyer using the secure payment system, the Seller could ask for the wiring of the balance , in accordance with the requirements of the article 6 of the General Conditions; the wire on this bank account will be done on the next Wednesday. The Seller must register his bank information beforehand on his account. For the Sellers outside of the SEPA zone, additional fees can be applied.
The Seller will access the history of his bills to AFIRKREA in his account member space.
8.4 Recurring payments, subscriptions and other differed payments
Using the AFRIKEA Virtual Wallets (supported by MangoPay), the users of the Platform can also implement recurring payments such as the payment in 3 times or the monthly subscription to the AFRIKREA Box.
It is mandatory to stipulate that all subscription to recurring payments includes the commitment to pay on due date and time the expected amounts, no matter the current financial condition of the committed party. Specifically, all failure or delay in payment due to the beneficiary of the recurring payments can be subject to additional treatment and recovery fees.
In the event of a subscriber wishes to terminate his recurring payments, he should make the demand formally and specifically by email to email@example.com , and precising the reason of his temrination. If this demand is accepted, it would not be effective until the next event of the subscribed service (for instance the next Box).
9 PLATFORM PROPERTY
9.1 The Platform, the Website, its Contents, catalogue, texts, illustrations, photographies and pictures respective , and all other visual or sound elements, including the underlying technology used, are exclusive property of AFRIKREA and/or the contract linked parties holding the intellectual properties rights pertaining to the Platform. Notwithstanding what precedes, the Contents supplied by each Member are and remain the property of each Member, under the restriction of the license granted by the Member to AFRIKREA and to the Users respecting the articles 3.9 and 3.10 of the present General Conditions.
9.2 It is strictly forbidden to reproduce, represent and/or exploit all or part of the Platform, the Website, its content, catalogue, texts, illustrations, photography and pictures and any other visual or sound elements, including the underlying technology used, without the authorization of AFRIKREA beforehand. Notwithstanding what precedes, the User of the Platform is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, to strictly private and personal use at the exclusion of all commercial and lucrative purposes.
9.3 All people that edits the Website and wishes to create a direct hyperlink to the Website must ask the authorization for AFRIKREA by formal and written request. The authorization of AFRIKREA woll in no case granted in a definitive manner. This link must be suppressed at first demand of AFRIKREA.
9.4 The HyperText links to the Website that use techniques such as framing and in-line linking are strictly forbidden.
10 LAW CONFORMITY
10.1 Each Member commits to respect the law, regulations and norms of all sort effective and relatvie to the use of services proposed via the Platform, to the sale, purchase and sollicitation of pruchase offers or to the sale of objects.
10.2 Also each Member recognize expressly that the use of AFRIKREA services can lead to a qualification as « storekeeper » as defined in the article L121-1 Commerce Code and that additional obligations can apply as his quality of professional.
10.3 In the event of characterized fraud (fraudulent copy, embezzlement, illegal importation, etc..) or on demand AFRIKREA will communicate all necessary information, including nominative, to the competent authorities in charge of the repression of the said fraud and infractions.
11 DURATION AND RESILIATION OF THE GENERAL CONDITIONS
11.1 The present General Conditions are concluded for an undefined duration and are terminable at any moment by the Member or by AFRIKREA, without any particular motive, by e-mail or on the Platform. All termination will take effect at the end of the month following the month during which the notification has been received.
11.2 Without excluding other means of resort, AFRIKREA keeps the right to issue a warning, suspend definitively or temporarily the registration of a member, and to end immediately and to cease to supply services in any of the following cases:
(i) in the event of violation of the present General Conditions or the document that are incorporated by reference;
(ii) if AFRIKREA is unable to verify or authenticate the information supplied, and that the Member doesn’t react to its request of verification and/or authentication;
(iii) if the acts of the Member are susceptible to engage the responsibility or image/reputation of AFRIKREA, of the Member or any other Member.
11.3 In the event of termination, the account of the Member will be deactivated and the Blog and/or Shop of the Seller/Blogger will be inaccessible and disappear from the search engine tool of the Platform at the effective date of termination.
12 ACCOUNT SUPPRESSION
12.1 If a Member wishes to suppress his account, he must send his request to firstname.lastname@example.org
12.2 AFRIKREA will suppress the account of a Member that asks for it, under the limit that all orders have been ended, reclamations, reclamations, retractation reights and refund requests have been handled and no other operations are running.
13.1 AFRIKREA is only engaged to an obligation of means.
13.2 AFRIKREA will only be responsible of the direct damages exclusively imputable to a contractual fault committed by AFRIKREA. Expect fault from its side, AFRIKREA cannot be held responsible of damage to a Member or a User by using the whole or part of the Platform or the Website. AFRIKREA cannot be held responsible of an eventual default, dysfunction, failure, delay or interruption of the access to the Internet network.
13.3 In his quality of host of the Contents uploaded by the members, AFRIREA cannot be held responsible of the Contents published on its Platform or the Website by the Members.
13.4 Regarding the Professional Sellers, in the event of a proven fault done by AFRIKREA, the responsibility of AFRIKREA, whatever the circumstances cannot exceed the most important of the following amounts :
(i) the total amount of commission paid by the said Seller during the last 12 months preceding the said responsibility action ; or
(ii) 100 euros.
13.5 All members are invited to alert AFRIKREA in the event of a violation of the present General Conditions, notably in the event he notices the sale offer of Forbidden Products, to the following adress: email@example.com
13.6 AFRIKREA cannot be held responsible regarding the disputes between Members.
14.1 The parties acknowledge that the production by AFRIKREA of the recordings on the AFRIKREA servers of the use of the Platform, and notably of the nominative access codes of the Members and the logs of connection, will be valid evidence between the parties.
15 GENERAL STIPULATIONS
15.1 AFRIKREA keeps the right at any moment and at its own discretion to suspend and stop the access to the Platform or the Website and/or the exploitation of the Platfrom, as a whole or in part, notably for maintenance intervention, operationnal necessities, internal choices or in emergency needs. It is agreed that such interventions would not in any case engage AFRIKREA’s responsibility, nor give rights to indemnities or damage and interests to the benefit of a member or User of the Platform.
15.2 Except express stipulation contrary to the present General Conditions , all notification to AFRIKREA must be send by e-mail (at firstname.lastname@example.org).
15.3 Any notification sent to AFRIKREA but destined to a member will be by default sent to the Member on the e-mail adress given at registration. The notifications are recognized as received by a Member 24hours after the sending of the e-mail, expect if the sender is notified the invalidity of the e-mail adress.
15.4 The notifications can also be sent to the Member, by recommended letter with reception notice, to the address communicated at registration. The 24 hour delay is then extended to 3 days after the sending of the mail.
15.5 The present General Conditions, with the mentioned documents in the general Conditions that are incorporated by reference, constitute the integrality of the agreement concluded between the parties. AFRIKREA keeps the right to modify the General Conditions and will inform each Member by e-mail.
15.6 Under the restriction of the stipulations at the article 8.1 regarding the modification of the Financial commission policy and the article 8.2 regarding the billing modalities, the modifications to the General Conditions will be effective 15 days after being uploaded. During this period of 15 days, eahc Member can notigy to AFRIKREA his refusal of these changes, in which cases the present General Conditions and so his right to use the platform will be terminated at the end of the 15 days period.
15.7 In the event of one or several modalities appearing in the General Conditions to be illegal, inon-invocable or inapplicable by a court decision, the other stipulations of the General Conditions will stay effective, at the condition that the genera economy of the General Conditions are not shaken by it.
15.8 Each Member accepts that the rights and obligations issued by the present General Conditions and including the documents that are incorporated by reference, can freely and by full right be ceded by AFRIKREA to a third party in the event of asset handover, fusion or acquisition.
15.9 AFRIKREA’s tolerance to a negligence of the present General Conditions by a Member or a third party, will not distort in any way its right and actions against any similar or ulterior negligence.
16 APPLICABLE LAW AND COMPETENT JURIDICTION
16.1 The present General Conditions are read and interpreted conforming to the French law.
16.2 The french courts will have competence to prononce on the disputes susceptibles to arise between the parties relatives to the execution of the present.
BY EXCEPTION TO ALL THAT PRECEDES, ANY DISPUTE WITH A MEMBER ACTING AS PROFESIONAL IS OF EXCLUSIVE COMPETENCE OF THE PARIS COMMERCE COURT.
16.3 The disputes between Members must be settled between Members and AFRIKREA is by no mean obliged to intervene or to settle the said dispute.
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