Article 1 – OBJECT

The site NEOAFRICA is the property of the company GESTACOMWEB, LLC with a capital of 1000 Euros, the details of which are:

Head office address: 28 rue des Frères Lumière 33560 CARBON BLANC.

Telephone : +33 7 50 58 05 28

Email : contact@neoafrica.fr

Business Identification (SIRET): 840 640 601 00018

VAT Registration No. (TVA): FR94840640601

The director of the publication of the site is Mr Ludovic SEGUIN, in his capacity as manager,

The provider of the hosting of the site and the storage of its information is the company Planethoster (https://www.planethoster.com/fr). The graphic design of the website was undertaken by GESTACOMWEB (www.gestacomweb.fr).

 

It is stated orders made through the Marketplace NEOAFRICAMARKETPLACE are not subject to these Conditions of Sale (please refer to NEOAFRICAMARKETPLACE’s Terms and Conditions of Sale). These General Conditions of Sale represent the entire reciprocal commitments of the Company and the Customer who expressly accepts them.

Orders can only be placed by legal-aged people acting for non-professional purposes and buying for their own needs.

It is formerly 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, including taxes. Product and price offers are valid as long as they are visible on the Site. In the case of promotional offers, the prices indicated will be valid during the offer period on a selection of products.

When processing their order, the Customer will be informed as soon as possible if the product ordered is unavailable. These products will not be billed to the Customer.

 

2.2   – In the case of an order to a country outside metropolitan France, you are the importer of the product(s) concerned. They will be at your expense and solely your responsibility in terms of both declarations and payments to your country’s competent authorities. We advise you to check these aspects with your local authorities

 

2.3   – NEOAFRICA reserves the right to change its prices at any time but products will be billed based on the prices in force at the time of your order validation.

 

2.4   The products remain the property of NEOAFRICA until full payment of the price. We remind you that when you take physical possession of the products ordered, the risk product loss or damage will be transferred to you.

 

Article 3 – Order

To place an order, the user must log in with their email address or customer number and their password. For their very first order, the User must follow an account creation procedure indicated on the NEOAFRICA.FR Website.

In the event of a lost or forgotten password, the User may request it again by going to their customer account and clicking “I’ve forgotten my password”. They will then be send their password to the email address they gave when they registered.

The user will place their order exclusively online, through the NEOAFRICA Website.

Once the basket is validated, the User must accept the General Terms and Conditions, choose the address and delivery method, and finally validate the method of payment, this last step formalising the contract between NEOAFRICA and the User.

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute over this will occur though the User’s exercise of their right of withdrawal or through the implementation of the legal and commercial guarantees mentioned below.

The availability of products as well as delivery times is posted 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 deadlines announced on the Site are calculated in working days. The delivery date is calculated taking into account the time of shipping the order and the receipt of payment if it is made by bank transfer, which is added the delivery time of the transport

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€

 

Securing Payments

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.

Return costs:

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 GESTACOMWEB 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:

https://webgate.ec.europa.eu/odr/

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 :

https://ec.europa.eu/consumer/odr/main/index.cfm?event=main.show&Ing=FR

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.