These General Terms and Conditions of Sale are intended to govern the relations between the Sellers and the Product Buyers, excluding those between the Buyers and MARKETPLACE NEOAFRICA or between the Sellers and MARKETPLACE NEOAFRICA. The GTC applies to all sales of Products made through the Service between the Seller and the Buyer. They are intended to govern the relations between the Sellers and the Product Buyers. Only the Seller, whose name is indicated on the descriptive sheet of each Product, is the contracting partner of the Buyer for the purchase of said Products. The Products can not be taken back or exchanged by NEOAFRICA.
1. Conclusion of the contract of sale between the buyer and the seller
1) The Products are presented on the Site with a description enabling the Buyer to know their essential characteristics, their price and the delivery time of the Product.
2) The Buyer selects the Product or Products he wishes to purchase.
3) He confirms his choice of Product (s) and reads and accepts the present GTC by a click of validation.
4) The Buyer receives an email confirming the registration of his order.
5) The Seller is informed by NEOAFRICA that one or more of the Products that he put on line was the subject of an order.
6) The Seller agrees to confirm the order (s) of the Buyer within 2 working days In the absence of confirmation of the order within the period referred to in point 6), the contract concluded between the Buyer and Seller are automatically canceled and each party is released from its obligations. In particular, the Buyer is assured that his bank account will not be debited.
7) Seller's product offers are valid as long as they are visible on the Site, within the limits of available stocks. Generally, in the event of exceptional unavailability of product after the Buyer has placed the order, the Seller will inform the Buyer using the messaging tool made available within the framework of the Service. and the order will be automatically canceled and the Buyer is assured that his bank account will not be charged.
Similarly, in the particular case where the same Product is the subject of an order by several Buyers at a time, and depending on the availability of this Product it will only be sold to the first Buyer who records his order . Other buyers will then be informed of the cancellation of their order.
8) Once the order is confirmed by the Seller, an email is sent to the Buyer to confirm and summarize his order and the Terms and Conditions and the Seller in fact makes a firm commitment to deliver the Products within the deadline and the Buyer's bank account is debited 7 business days later from the date of the order.
9) In the event of confirmation of all or part of the Buyer's order, said Products shall be dispatched by the Seller in accordance with the terms and conditions set out in Article 3.
10) The Buyer must confirm without delay in "My account" the good reception of each Product ordered. Otherwise, the Product will be deemed
have been received within 21 days of the date of debiting his bank account. This clause is without prejudice to the provisions of articles L. 211-4 and following of the Consumer Code, the Buyer having the possibility, at any time, to contact the Seller, to send any request, claim relating to the Products ordered in using the messaging tool provided as part of the Service.
11) The Buyer is invited to evaluate the Seller's performance on our certified independent consultant.
2. Price and payment
The purchase price of the Product is set by the Seller. It is mentioned in euros including tax on the descriptive card, but excluding shipping costs, the latter being added before the validation of the following order is the scale specified in Article 3 below or the scale indicated by the Seller on the form descriptive. As a reminder, the fact for the Buyer to validate his order implies the obligation to pay the price indicated. The payment of purchases made through the Service may be made according to the means of payment indicated in the "Means of payment" with NEOAFRICA who cash the corresponding amount, in the name and on behalf of the Seller.
The Seller undertakes to prepare the order and to inform the Buyer within 2 working days of the order confirmation date; the Seller in fact making a firm commitment to ship the Products within the period specified by him and chosen by the buyer. The Products are delivered to the address indicated by the Buyer in "my account", and shipped under the conditions he chose when ordering. The Products travel at the expense and risk of the Seller.
From the moment the Buyer physically takes possession of the products ordered, the risk of loss or damage to the products is transferred to him. Reservations Upon receipt of the ordered Products, the Buyer must notify the carrier and then the Seller using the messaging tool made available and by any other means all reservations on the delivered Product (eg: parcel damaged, already open ...).
4. Right of withdrawal
In accordance with the legal provisions in force, as part of a purchase made from a Professional Seller, the Purchaser has a period of 14 days from receipt of the Product (s) ordered to exercise, with the Seller, his right of withdrawal, without having to justify reasons or to pay a penalty. In the case of an order containing several Products placed with the same Seller, this period of 14 days runs from the receipt of the last Product. It is specified that the right of withdrawal is not applicable in the context of a purchase made from a particular Seller. In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased (s) and shipping costs will be reimbursed the return costs remaining the responsibility of the Buyer. Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) in a packaging identical to that used during shipping for their re-marketing. Returns must also be accompanied by proof of purchase of a copy of the invoice or purchase order slip for optimized management. In accordance with current regulations (Article L121-21-8 code consumption), the right of withdrawal can not be exercised for - audio, video or computer software records unsealed after delivery., - Provision of goods that have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection; - Of supply
newspaper, periodical or magazine, except for subscription contracts to these publications.
At any time, the Buyer has the opportunity to contact the Seller, to address any request, claim related to the Products ordered using the messaging tool made available within the framework of the Service including to assert its guarantees when they are In progress.
Seller's commercial warranty
The commercial guarantees that may apply to the Products sold by the Sellers via the Marketplace are specified in the product sheet supplied by the Seller.
It is expressly stated that the guarantees mentioned in the description of the product sheets of the Site only apply to products sold directly by the Company on the Site outside the Marketplace and in no case to Products sold by the Sellers via the Website. Marketplace.
For any question about warranties relating to the Products offered via the Marketplace, the Buyer also has the possibility, before placing an order, to put a question to the Seller by using the "Ask a question about this offer" feature.
Regardless of the commercial warranty that can be granted by the Seller, the Consumer has with the Seller the legal guarantee of conformity valid for two (2) years from the delivery of the goods, it being specified that the consumer benefits from a presumption non-compliance during the warranty period except for second-hand products where the period is reduced to six months. The Customer, as a consumer, has the choice between repairing or replacing the goods, subject to the cost conditions provided for by Article L. 217-9 of the Consumer Code.
The Consumer also has the legal guarantee of hidden defects (articles 1641 and following of the Civil Code) allowing him to choose between the resolution of the sale and a reduction of the selling price
7. Vendor Evaluation
MARKETPLACE NEOAFRICA provides Purchasers with an independent AFNOR certified advisory body to evaluate performance
Sellers after confirmation of receipt of the Products ordered. This transparency allows Buyers to select Products from the most serious Sellers and that best respect the conditions of use of the Service. The assessment is made according to evaluation criteria and by the award of star (s) by the Buyers. As such, MARKETPLACE NEOAFRICA does not control the appreciation made by the Buyers, which it merely stores on the Site. It may, however, be required to delete, without notice, any assessment the content of which has been reported to it to be unlawful. The evaluations left by the Buyer, as well as his pseudonym, will be visible by any visitor of the Site.
8. Personal data
The Purchaser and the Seller are informed that all data collected as part of the Service when placing orders are processed by NEOAFRICA for the purpose of processing such orders. The information and data of the Purchasers relating to the delivery are transmitted by NEOAFRICA to the Sellers for the sole purpose of allowing them to ship the Products ordered. They can not under any circumstances be used for other purposes. In case of difficulty concerning the processing of this data, the Buyer and the Seller may contact NEOAFRICA directly. Each Seller has access only to personal data provided by the Buyer of his Products to NEOAFRICA when ordering. The Sellers undertake to ensure the security of the personal data that they keep for the needs of the realization and the follow-up of the orders.
The Site is subject to a security system: NEOAFRICA Direct has adopted the SSL encryption process but has also strengthened all the scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of encryption. payment used on the Site.
10. Partial invalidity
If one or more stipulations of the present GSC are considered as invalid or declared as such pursuant to a law, regulation or final decision of a competent jurisdiction, the other stipulations will retain all their force and all their scope.
11. Applicable law
These general conditions are subject to French law.
Any dispute relating to their interpretation and / or execution falls within the jurisdiction of the French courts.