General Terms and conditions of sale of the site NEOAFRICA.FR
Article 1: OBJECT
The site NEOAFRICA is the property of the company GESTACOMWEB, a LLC with a capital of 1000 Euros, the details of which are:
Address of Head Office: 28 Rue des Frères Lumière 33560 CARBON BLANC
Telephone: +33 7 50 58 05 28
+228 97 22 96 81
Business Identification (SIRET): 840 640 00018
VAT Registration no. (TVA): FR94840640601
The provider, ensuring the hosting of the site as well as the storage of information is the company Planethoster (http://www.planethoster.com).
The graphic design of the site has been undertaken by the company GESTACOMWEB (www.gestacomweb.fr).
It is stated that the orders placed through Marketplace NEOAFRICAMARKETPLACE are not subject to these General Terms and Conditions of Sale (please refer to General Terms and Conditions of Sale of NEOAFRICAMARKETPLACE). These General Terms and Conditions of Sale represent the entirety of the reciprocal commitments of the Company and of the customer who formally accepts them.
Orders can only be placed by individuals of legal age acting for non-professional purposes and buying for their own personal needs.
It is previously stated that these conditions apply only to sales by NEOAFRICA.FR
Article 2 – PRICE
2.1 - The prices of our products are shown in euros, all taxes included. Product and price offers are valid, as long as they appear on the site. As for promotional offers, the prices indicated will be valid during the offer period, for a selection of products. During the processing of the order, the client will be informed as soon as possible by email if the products ordered are unavailable. These products will not be billed to the client.
2.2 – In the case of an order to a country other than metropolitan France, you are importer of the product(s) in question. They will be at your expense and will be solely your responsibility, in terms of declarations and payments to the authorities and bodies of your country. We advise you to inquire about these legal aspects with your local authorities.
2.3 – NEOAFRICA reserves the right to change its prices at any time but the products will be invoiced based on the list price at the moment of your order validation.
2.4 – The products remain the property of NEOAFRICA until the full payment of the price. We remind you that until the moment when you take physical possession of the products ordered, the risks of product loss or damage will be transferred.
Article 3 – Orders
To place an order, the User must identify themselves with their email address or customer number and their password. For the very first order, the User will have to follow an account creation procedure indicated on the Internet Site NEOAFRICA.FR
In the case of a lost or forgotten password, the User will be able to ask for it again by going on their account and clicking on “I’ve forgotten my password”. They will then receive their password via the email address that they gave when they signed up. The user will place their order exclusively online, through the Internet Site NEOAFRICA.
Once the basket has been validated, the User must accept the General Terms and Conditions, choose the address and the method of delivery, and finally validate the mode of payment, this last stage completed formalizing the sales contract between NEOAFRICA and the User.
All orders imply the acceptance of the prices and descriptions of products available for sale. Any dispute on this point will occur as an exercise of the User’s right to withdraw or through the implementation of legal and commercial guarantees mentioned here below.
The availability of products as well as the delivery time is shown on the Site. In case of the unavailability (temporary or definitive) of a product ordered and paid for, the User will be informed of this by email. In case of the definitive unavailability of a product, this product will be cancelled from the order and will be the object of a refund. The rest of the order will remain firm and final.
Following receipt of the order, the Company will send the Customer an order confirmation email including an order summary as well as an order number, then will finalise the order by sending an order validation email. These emails will be sent to the email address entered when the client account was created.
NEOAFRICA.FR will acknowledge receipt of the User’s order by an email sent to the email address they have already provided.
All orders made on the Site assume the express and unreserved acceptance of theses General Terms and Conditions of Sale, without this acceptance being conditioned by a handwritten signature by the Customer.
NEOAFRICA will not be held responsible for any action carried out in the customer area by a third party with whom the Customer has communicated their credentials or who has access to the account following negligence on behalf of the Customer.
All information relating to the order will be available the “Order Tracking” section of the customer space.
The customer agrees that the information provided during their order is complete, accurate and up to date. Otherwise, the Company reserves the right to simply cancel the order all together.
The order can be made for a delivery address different to the billing address.
The Company reserves the right to refuse or cancel an order if it thinks that the Customer is engaged in distribution or an economic activity through the products ordered or for any other reason.
Article 4 – Availability
NEOAFRICA is a retailer and intended to sell the products offered in large quantities. As a result, NEOAFRICA reserves the right to refuse orders of large quantities of the same product and of 3 identical items.
Our product offers are valid as long as they are visible on the site, within the limits of available stocks excluding promotional transactions mentioned as such on the sites. In the event of the unavailability of a product after the making of your order, we will inform you of this by email. Your order will be automatically cancelled and no bank debit will be made. For the record, the debit is only occurs when the package is shipped.
Article 5 – Delivery
5.1 – General
The products are delivered to the delivery address you indicated during the placing of the order;
The delivery times stated on the Site are calculated in working days. The delivery date is calculated taking into account the order’s shipping time which is added to the courier time.
The delivery times run from the parcel’s departure from the Company’s warehouses; it is then added to the order’s shipping time. The customer is informed by email when the order has shipped.
The delivery time depends on the delivery method chosen when making the order.
If the indicated deadline is exceeded, the Customer will be informed by email.
If there is an exceptional stock shortage, the client will be notified by email or telephone. The Company will propose to the Customer to delay the delivery of the entire order to the date of the replenishment of the product, to accept a partial delivery with a refund of the purchase price of the undelivered product(s) or a cancellation and refund of the whole of their order.
In the case of a delivery requiring an appointment with the Customer, they will contact you as soon as possible to arrange a delivery appointment with you. NEOAFRICA cannot be responsible for late delivery due exclusively to the unavailability of the customer after several appointment proposals from the courier.
We also invite you to regularly track your order and to contact NEOAFRICA with any question in case of a problem.
We remind you that when you (or a third party designated by you) physically take possession of the products ordered, the risks of loss or damage of the products are transferred.
5.2 – Reservations
You must notify the courier and NEOAFRICA of all reservation about the delivered product (for example: damaged packaging, already open…)
Article 6 – Payment
The prepayment is made at the time of the order and debit 7 days after.
Terms of payment
The following terms of payment are put forward to the customer:
- Payment of your order in 3 instalments or 4 instalments by credit card from 100€ of purchases up to 2000€
After finishing your order, simply click the “payment by credit card in 3 or 4 instalments button”.
Payment by in 3 or 4 instalments by credit card allows you to pay for the order made on our site as follows:
- A compulsory contribution, debited on the day of the confirmation of the shipment of your order corresponding to a third of the order
- Two or three monthly instalments, each corresponding to a third or a quarter of the order, taken 30 and 60 days after for the 3 instalments and 30, 60 and 90 days after for the 4 instalments.
- Payment in 3 instalments from 100€ or purchases to 2000€. Credit of duration of 2 months to the fixed APR of 19.26%. Cost of financing: 7.26€, up to a limit of 10€
- Payment in 4 instalments from 350€ of purchases to 2000€. Credit duration of 3 months to the fixed APR of 19.61%. Cost of financing: 11€, up to a limit of 20€
Payments made on the site are fully secure.
Thanks to the technical characteristics of the encryption software used on the Site, bank details (bank card no. and expiry date) communicated by the Customer cannot be intercepted by third parties.
By communicating their bank details, the Customer accepts in advance and without condition that the Company precedes with the secure transaction.
The customer therefore allows in advance their bank to debit their account, in view of the statements sent by the Company, even in the absence of invoices signed by the cardholder. The Customer account debit authorisation is always given for the sum of the product bought as invoiced by the company.
Article 7 – Security
Our site is subject to a security system.
We have adopted the SSL encryption process, but we have also strengthened the whole of the jamming and encryption processes to protect all
sensitive data linked to the means of payment as efficiently as possible.
Article 8 – Right of Withdrawal
- Legal deadline for the right of withdrawal
In accordance with the legal provisions in force, you have a period of 14 days from the receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty. After communication of your decision to exercise your right of withdrawal within this period of 14 days, you have another period of 14 days to send back the product(s) concerned by the withdrawal.
In the case of the exercise of a right to withdrawal, only the price of the product(s) bought and the delivery costs will be refunded, the return costs are at your expense.
Returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing for resale in a brand new state, and, if possible, accompanied by a copy of the invoice for optimal management. In the case of product depreciation resulting from handling other than that necessary to determine the nature, characteristics and functioning of the product, you will be liable.
To exercise your right of withdrawal, in accordance with legal provisions, you will find attached in Annex 2 the standard withdrawal form to send to us at the following address: NEOAFRICA STE GESTACOMWEB 28 Rue des Frères Lumière 33560 Carbon Blanc. You can exercise your right of withdrawal by any means to NEOAFRICA GESTACOMWEB, in particular by post or in an email expressing your wish to withdraw without ambiguity, and mentioning the order concerned by this withdrawal.
Once the form or declaration of withdrawal has been sent to NEOAFRICA.FR within 14 days following the receipt of your order, you must send back the products concerned within a reasonable time and, at the very latest, within 14 days from sending the form.
The Company does not accept parcels with postage due or cash on delivery.
The Customer is responsible for the packaging method chosen for returning their product(s).
Products excluded from the right of withdrawal:
In accordance with the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for goods made according to the specifications of the Customer or clearly personalised.
In addition, for hygiene reasons and because they cannot be res-marketed, this includes products requiring special hygiene precautions.
For the same reasons, underwear, swimming costumes without hygiene protection, if they have already been used and/or worn outside a non-abusive test, cannot be the object of a withdrawal.
Only products returned in their entirety, with their labels, notices, warranties, drawstrings and other accessories in perfect condition and in their original packaging and in a state to be marketed will be accepted.
In the case of exercise of the right of retraction, the return costs of the product(s) are chargeable to the Customer.
Refund following the withdrawal:
In accordance with the Consumer Code, NEOAFRICA is required to refund all amounts paid, including postage (at the standard rate). The refund will be made upon receipt of the product(s) returned. NEOAFRICA will refund according to the payment method used for the order of in any other form expressed by the Customer.
- Return address
NEOAFRICA GESTACOWEB 28 RUE DES FRERES LUMIERE 33560 CARBON BLANC
Article 9 – Guarantees
- Product compliance
In accordance with the provisions of the legal conformity guarantees and hidden defects, we refund of exchange the products apparently defective or not corresponding to your order. If you ask for a refund, please contact us in the order confirmation email which is available on your page “My Account”. To do this you should log in using your email address and password.
The products must be returned to us in the state in which you received them with all the elements (accessories, instructions…) in packaging allowing for transport in good conditions. The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded on presentation of the receipts.
It is recalled that as part of the legal guarantee of conformity, the consumer:
- Has a period of two years from the delivery of the goods to act towards the seller;
- May choose between repairing or replacing the good, subject to the cost conditions provided in Article L.217-9 in the Consumer Code;
- Is exempt from providing proof of the existence of a lack of conformity of the good during the six months following the delivery of the property. This period is extended to 24 months from the 18th of March 2016, except for second hand goods.
Legal conformity guarantee applies regardless of the commercial guarantee that may cover your good. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold under Article 1641 of the Civil Code and in this case, they can choose between the cancelation of the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.
The provisions of this Article do not prevent you from benefiting from your right of withdrawal.
Article 10 – Intellectual Property
The entire Site and each of its elements comes under intellectual property legislation, in particular copyrights, designs and models, trademarks, domain names, property software or databases… (to name a few).
For this reason, all rights of reproduction, representation and public communication are reserved, including for downloadable documents and visual, photgraphic, audiovisual or other representations.
Only the right to consult the Site is given to Customers. The reproduction of all or part of the content is only authorised for exclusive informational purposes for personal and private use.
Any link set up to NEOAFRICA must be the subject of a former written authorisation by the Company. NEOAFRICA declines all responsibility regarding the content of these links.
In any event, hypertext links to the Site must be removed at the first request from the Company.
Only use for private reasons subject to different, even more restrictive provisions of the intellectual property code is allowed. Reproduction or representation of all of part of one of the above-mentioned signs is strictly prohibited and must be the subject of a former written authorization of the trademark owner.
Article 11 – Personal data
In accordance with the Data Protection Act and European regulation regarding personal data protection, you have the right to access, rectify, oppose and delete personal data about you. You can exercise these rights by simple demand, accompanied by a photocopy of proof of identity to the following address: CONTACT@NEOAFRICA.FR
Article 12 – Liability
The proposed products comply with the French legislation in force. NEOAFRICA will not be held liable for non-compliance with the legislation of the country where the product is delivered (for example if the item or product is banned). It is your responsibility to check the possibility of importing or using the products or services you intend to order with the local authorities Photos are for illustrative purposes.
We invite you to refer to the description of each product to know the precise characteristics; in case of doubt or if you wish to know further information, please contact us. In the case of professional purchases, NEOAFRICA Direct will not incur any liability for any consequential damages because of the present ones, trading loss, loss of profit, damage or expenses, which may occur from the purchase of the products.
NEOAFRICA is not intended to sell to professionals. NEOAFRICA cannot therefore be liable for any loss whatsoever resulting from a professional activity.
Article 13 – Applicable law – Disputes – Claims processing – Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In case of a dispute the French courts will have sole jurisdiction.
Claims processing: For any complaint you can contact NEOAFRICA through your account mail.
Our company adheres to the Fevad Code of Ethics (Federation of e-commerce and distance selling).
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code regarding the amicable settling of disputes, NEOAFRICA adheres to the FEVAD e-Commerce Mediator Service (Federation of e-commerce and distance selling) whose contact details are the following: 60 Rue La Boétie – 75008 Paris – http://www.mediateurfevad.fr
After former written consumer action with NEOAFRICA the Mediator Service can be seized for any consumer dispute where a settlement would not otherwise have been reached.
To find out about the Mediator’s referral procedure: http://www.mediateurfevad.fr/index.php/espace-consommateur/
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission set up an Online Dispute Resolution Platform, facilitating independent settlement of disputes by out-of-court online action between consumers and professionals within the European Union.
This platform is accessible through the following link:
Article 14 – Liability
The company cannot be held responsible and no compensation may be claimed for late delivery or adverse consequences due to cases of emergency as defined by the case law of the French courts and tribunals.
The Company cannot be held responsible for interruptions, delays or the unavailability of the Site due to maintenance work, interruptions to the Internet network, technical breakdowns, emergencies, the interference of a third party, or any other circumstance.
The Company endeavours to ensure, to the best of its abilities, the accuracy and updating of information on the Site, on which it reserve the right to correct the content at any time and without notice.
The Site contains information from third parties, so the Company gives no guarantee as to the accuracy, precision or completeness of the information made available on the Site. The Company cannot be held liable for any occasional errors that may occur on the Site.
Article 15 – Applicable law
These General Terms and Conditions of Sale are subject to French law.
All disputes which have not be resolved amicably will be subject to the exclusive jurisdiction of the French courts
Article 16 – Mediation of consumer disputes
The ordinance of 20th August 2015 and decree no. 2015-1382 of 30th October 2015 on the mediation of disputes and applying the directive 2013/11/UE of the European Parliament of 21st May 2013, on out-of-court consumer disputes gives the consumer the possibility of referring the mediation in order to facilitate the amicable settlement of disputes with a professional on the occasion of a sale made on the site.
Thus, for any dispute which has not been settled directly with the Company, the Customer is informed that they can now use free of charge the mediation service set up by the Mediation –
Let’s live better together,
Web address: www.mediation-vivons-mieux-ensemble.fr
Mediator’s address: MEDIATION – VIVONS MIEUX ENSEMBLE 465 avenue de la Libération 54 000 NANCY
European platform for the online resolution of disputes :
Before getting hold of the using the mediator of consumption, the consumer must already have tried to resolve their dispute directly with the professional through a written complaint or have made a claim under the terms of contract with the professional.
General Terms and Conditions of sale/purchase of MARKETPLACE NEOAFRICA.FR
Article 1 – Object
These General Terms and Conditions of Sale of MARKETPLACE NEOAFRICA apply to any order for products made by a Buyer from a Seller. The Terms and Conditions may be modified or adapted at any time by the Company. The applicable Terms and Conditions of Sale are those in force on the date of the order placement by the Buyer and must be accepted by the Seller at each product sale on MARKETPLACE NEOAFRICA.
These Terms and Conditions may in each case be supplemented by the Seller’s Conditions, in particular regarding delivery times, delivery costs, product returns, the commercial warranties granted by the Seller, subject to compliance with these terms and conditions.
Article 2 – Marketed Products – Availability – Obligations
The Buyer may select one or more products from different categories offered on the Marketplace.
In accordance with the provisions of the Consumer Code, the Buyer may, prior to his offer, take note on the Marketplace of the essential characteristics of the product(s) they wish to order by going to the product sheet for the selected item. The offers are provided by the Sellers, them being solely responsible for information communicated about the product.
The prices displayed on Marketplace are, by default, indicated in euros with all taxes included and applicable in Metropolitan France. VAT is applied at the rate in effect at the time of the order placement. Product and price offers are valid as long as they are visible on the Marketplace.
Prices shown exclude delivery costs unless stated otherwise. Delivery costs will be indicated before the final validation of the order by the Buyer and are fixed freely by the Seller.
The sales contracts for the products offered by the Seller on the Site are concluded between the Seller and the Buyer. The Seller will only offer products which are available and will immediately delete any offer relating to products that are no longer available. The seller is solely responsible in the case of a product being unavailable of which he alone has control. The seller is informed by email through their seller’s interface and on their MARKETPLACE NEOAFRICA account when a product they have put online has been the subject of an order by a Buyer. The Seller must then confirm this order within 2 working days of receipt of the information referred to in the previous paragraph.
Also, the Seller will regularly, and at least once a day, check their emails received at the address provided to MARKETPLACE NEOAFRICA when opening their account and, subsequently, in case of any change affecting this information, in order to be able to confirm the Products ordered by the Buyers.
The confirmation of the order made by the Seller applies to the Seller, the firm commitment to ship the product(s) within the time indicated on the form. In the absence of a response from the seller in the period referred to in the previous paragraph, the sales contract will be automatically cancelled and the Seller’s account will be “on holiday”.
In the event of an absence or unavailability or more than 2 working days, the seller must temporarily suspend from putting products online for sale with the help of the “disable” tool provided on the Service. Failing this, MARKETPLACE NEOAFRICA reserves the right to temporarily or definitively interrupt access to the Service for the relevant Seller by suspending or terminating these terms and conditions provided in Article 11.
Article 3 – Order
Any order placed through the Marketplace assumes the express and unreserved acceptance of these General Conditions of Sale, without this acceptance being conditioned by a written signature from the Buyer. The order will only be valid and taken into account when the full price of the product and its accessories has been paid.
All orders require a Customer account to be created. Once the account is created, the Buyer will have access to their Customer area.
Access to this Customer area is conditioned to the identification of the Buyer using the email address stated when creating the account and the personal and secret password chosen. The Company will not be held responsible for any action made on the Customer area by a third party to whom the customer has communicated their details or who has access to the account following negligence on behalf of the Buyer.
The buyer agrees that the information communicated during their order is complete, accurate and up-to-date. The order can be made to a delivery address different to the billing address.
The order commits the Buyer as soon as they confirm their payment and click “Validate.”
Following the receipt of the order, the Company will send the Buyer an order confirmation email containing a summary of the order and the order number, and then validate the order definitively by sending an order validation email. These emails will be sent to the email address entered when the Customer account was created.
The Buyer can consult information relating to his order in the “order tracking” section of the Customer area.
The company informs the Seller that an order for one or more of their products has been made by the Buyer. The Seller has forty-eight (48) business hours to deny or confirm the availability of the products and firmly accept the order. The Company then communicates to the Purchaser by email, via the validation email or the refusal of the order, the availability or unavailability of the products ordered.
If the seller confirms the availability of the products, the contract of sale in definitively concluded between the Buyer and the Seller. Upon confirmation by the Seller, the Buyer is debited with the price of the products available; they are in no way charged the amount of the products indicated as unavailable by the Seller.
In the absence or a response on the availability of the products within a period of forty-eight (48) working hours after the Company has notified the Seller, the order is automatically cancelled and the Buyer account will not the debited the amount of the products ordered.
The Seller is solely responsible if a product is unavailable.
If the Seller confirms a product as available, they agree to ship it and deliver it within the time indicated in accordance with the terms and conditions chosen by the Buyer as well as to confirm the shipment of the product within forty-eight (48) working hours on its Seller interface.
To sell a product, the Seller must perform the following steps:
To access the service, the seller must create a Seller account.
- 1 The Seller must open a single account on the Site to access MARKETPLACE NEOAFRICA.
Only people with the ability to perform legal acts can open and use an account. To open an account, the Seller carries out the following steps:
On the site’s home page, click the button “Become a Seller”;
Fill in all the informational fields requested’
The Seller agrees to provide accurate, complete and up-to-date information concerning them and necessary for their registration with the Service.
Their contract details (email address, bank) and all personal information must be valid to become a Seller and to use NEOAFRICAMARKETPLACE. They will have to choose a username or handle as well as a password. In no case can they use a url link another link to an external site as their username or handle. Otherwise, the Company reserves the right to delete the account without warning.
The Seller agrees not to register under the name of a User, infringing the rights of a third party. They may not use the name of a User, infringing copyright, trademarks or other names and nicknames of a third party or other User.
Each user agrees to update their account and all its information as soon as possible. Only the User will be responsible for the consequences of any false information or statement to the Company or to another User.
In order to use the Service, any Seller must accept these General Conditions of Usage without reserve. Their acceptance is made when the account is created, by a validation click.
In any case the company reserves the right to validate or refuse any registration request.
- 2 Go to the seller’s account
- 3 Click on Add a Product
- 4 Create a product to sell and fill in all its feature in the requested fields in the product sheet
- 5 Insert one or more pictures of the product
- 6 Determine the particular conditions of the sale
- 7 Determine the particular conditions of delivery
- 8 Determine the delivery time
- 9 Accept the Conditions of Use of MARKETPLACE NEOAFRICA
To put the product online, the product sheet is subject to validation and is worth the sale of the product.
When a product is sold, the Seller agrees that:
• Only authorized products are offered for sale. Thus, the Seller can only sell products corresponding to the predefined items in a predefined list accessible when the Product sheet was created.
• Only one publication per product is created
• The products offered and put on line are available immediately and their inventory stock is updated
• They have full ownership of the product and the ability to sell and publish on the site.
• The Product list offered on the site is completed as precisely as possible;
• The products match the description provided
• Photos of the products match the said products. The seller is prohibited from publishing photographs containing inappropriate content (nudity, violence…);
• They will withdraw from the Site, as soon as possible, any product that they no longer wish to sell.
• They will mention the different delivery methods and delivery costs.
Article 4 – Claims
Any claim relating to the order must be send to the Seller through the Customer area.
Article 5 – Right of withdrawal
In accordance with the provisions of the Consumer Code, the Buyer has a period of fourteen (14) clear days from the receipt of their order to express their intention to return all products they have an issue with.
To exercise his right of withdrawal, the Buyer must contact the Seller by visiting their Customer area.
The buyer will have a period of 14 days following this confirmation to return their product(s). The products will be returned directly to the Seller.
In accordance with the provisions of the Article L121-20-1 of the Consumer Code, the Company is required to refund the full amount paid, delivery costs (one way) included as soon as possible after the receipt of the returned order and at the latest, fourteen (14) days after the date on which this right has been exercised, by any means of payment. The Company offer a refund of the amount due according to the means of payment used for the order or in the form of a voucher.
The company is not obliged to reimburse the additional costs if the buyer has chosen a more expensive method of delivery than the standard method proposed.
In the case of a partial order return, the Company will refund the Buyer the sum of the shipping costs (one way) in proportion to the shipping costs attributable to the product concerned.
Article 6 – Returns
Outside the right to withdraw, a product may be returned in case of non-compliance with the order or due to a defect.
In these cases, a request must be sent to the Seller through the Customer area. The conditions of product returns can be consulted on the concerned Seller’s shop page or by contacting the Seller.
Article 7 – Payment of the price
Prepayment is made online when the order is validated.
Without order confirmation by the seller within two working days, it will be cancelled at the same time as the order. The receipt will be effective 7 working days after the order placement.
Payment of order made through MARKETPLACE NEOAFRICA is made to the Company which collects funds on behalf of the Seller.
Terms of payment
Payments are made by credit card and Paypal. Bank cards accepted on the Marketplace are Credit Card, Debit Card, Visa and Mastercard. These payment cards must be issued by a banking or financial institution located within the European Union.
The Seller allows the Company, when the sale is concluded by the Buyer, as a result of the acceptance of the offer by the Buyer and the payment by the Buyer of the price of the transaction, to retain from the total price of the transaction, commission on each product sold (shipping costs included in the price of the transaction).
The commission calculation applied is determined as follows:
The commission will be 12%, excluding taxes (HT) if the seller deals with shipping and storage
MARKETPLACE NEOAFRICA will pay the Seller’s bank account the sale price, minus the commission calculated as specified above from the amount including tax and VAT, providing the price of the transaction has been fully paid by the Buyer:
*Upon confirmation of the receipt by the Buyer on the website, except in the case of a return of the product by the Buyer under the conditions and deadlines provided in the General Conditions of Sale.
*Or, in case of an absence of confirmation of receipt by the Buyer, 7 days after the receipt of the product by the Buyer.
In a situation where the Seller has shipped the products from a country outside the European Union, customs duties may be applied. These rights are the responsibility of the Buyer who is responsible for verifying the origin of a product before placing an order. In the event that a buyer located outside the European Union has ordered an item from a Seller located within the European Union, customs duties may also apply. These rights are then the responsibility of the Buyer.
*Security of payments
Payments made on MARKETPLACE NEOAFRICA are fully secure thanks to the technical characteristics of the encryption software used on the Site.
Article 8 – Delivery
*The following delivery terms are offered to the buyer:
*Colissimo delivery, delivery dealt with themselves, collection at home.
*Delivery from our depots
The times stated for product delivery proposed by the sellers are calculated in working days and are given directly by the sellers.
The times indicated correspond to the processing time, preparation time and shipping times, as well as the delivery time of the courier used by the Seller. They are from as soon as the availability of the product is confirmed.
The delivery time depends on the delivery method chosen when placing an order.
The customer is informed by email when their order has shipped.
In case of exceeding the specified time, the Buyer will be informed by email and they will be offered an order cancellation.
The products are delivered to the delivery address given when the order is placed. Deliveries are only made in the SEPA zone and the United Kingdom.
Article 9 – Guarantees
Seller’s commercial warranty
The commercial guarantees that may apply to the products sold by the sellers through the Marketplace are specified in the product sheet provided by the seller.
It is specifically stated that the guarantees mentioned in the description of the product only apply to products sold directly on the Site by the Company outside of the Marketplace and in no case to the products sold by Sellers through the Marketplace.
For any questions about warranties relating to products offered on the Marketplace, the purchaser may also, before placing their order, ask the Seller a question using the “Contact Seller” feature.
Regardless of the commercial warranty that may be granted to the seller, the Consumer has the Seller’s guarantee valid for two (2) years from the delivery of the good, with the presumption that the consumer benefits from a presumption of non-compliance during the warranty period, not including second-hand goods, where the period is reduced to six months. The customer, as a consumer, has the choice between repairing and replacing the goods, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code.
The Consumer also has the legal guarantee of hidden defects (articles 1641 and the following articles of the Civil Code), allowing them to choose between the resolution of the sale and a reduction of the selling price.
10. Applicable law
These Terms and Conditions are subject to French law. Any dispute concerning them falls within the jurisdiction of the French courts.
11. Suspension – Termination
In the case of the General Conditions of Usage agreed by a particular seller, the termination of those present by either party may be made at any time without notice.
In the case of a breaching by the professional seller of any of their obligations, MARKETPLACE NEOAFRICA may, after a formal notice sent by any means during a period of 15 days, terminate the contract by sending a registered letter with acknowledgement of receipt.
In the event of failure by the particular seller to abide by any of their obligations, MARKETPLACE NEOAFRICA may terminate these General Conditions of Use by a simple notification without notice.
In the case of repeated complaints, bad evaluations or insufficient satisfaction, serious and/or repeated failure by the Seller to meet their obligations or affecting their accounts and, without this list being exhaustive: fraud, insulting remarks, counterfeiting, infringement of the rights of third parties, (…), MARKETPLACE NEOAFRICA may terminate these General Conditions of Use without notice and without the seller being able to claim any compensation.
Last updated: 22/08/19