Terms of Sales

Terms of Sales of products online to private consumer

Preamble
These general conditions of sale apply to all sales made on the Africa Innov website.
The website www.africa-innov.org is a service of :
AFRICA INNOV
located BP Bonaberi Rail 14 Douala, Cameroun
URL of the site :www.africa-innov.org
e-mail : fonkeu90@gmail.com
phone number : 0767544266/+237682561401/+237677839552
The Africa Innov website markets the following products : Agrifood products, livestock products, household goods service.
The customer declares to have read and accepted the general terms of sale prior to the signing of his order. The validation of the order therefore
implies acceptance of the general terms of sale.

Section 1 –fundamental
These general conditions express all the obligations of the parties.
In this sense, the buyer is deemed to be the accept without reservation.
These Terms of sale apply to the exclusion of all other conditions, and in particular those applicable for in-store sales or through other distribution and marketing channels.
They are accessible on the Africa Innov website and will prevail, where applicable, over any other version or any other. contradictory document.
The seller and the buyer agree that these general conditions exclusively govern their relationship.
The seller reserves the right to modify its general conditions from time to time.
They will be applicable as soon as they are line. If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the sector of the distance selling whose companies have their head office in France.
These Terms of sale are valid until January 01, 2025.

Section 2 – matter
The purpose of these general conditions is to define the rights and obligations of the parties in connection with the sale in line of goods offered by the seller to the buyer, from the Africa Innov website.
These conditions only concern purchases made on the Africa Innov site and delivered exclusively in metropolis or Corsica.
For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address : fonkeu90@gmail.com.
These purchases relate to the following products : Agrifood products, livestock products, service goods.

Section 3 – Pre-contractual information
The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, these general conditions of sale and all the information listed at Article L. 221-5 of the Consumer Code.
The following information is sent to the buyer in a clear and understandable manner :

• the essential characteristics of the property ;
• the price of the good and / or the method of calculating the price ;
• if applicable, any additional costs of transport, delivery or postage and any other charges that may be payable ;
• in the absence of immediate performance of the contract, the date or time limit by which the seller undertakes to deliver the good, regardless of its price ;
• information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

Section 4 – the order
The buyer has the possibility to place his order online, from the online catalog and using the form therein figure, for any product, while stocks last.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking in the place indicated, these conditions general. He will also have to choose the
address and the delivery method, and finally confirm the payment method.
The sale will be considered final :

• after sending the buyer confirmation of acceptance of the order by the seller by email ;
• and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including default of payment, incorrect address or other problem on the account of the buyer, the seller reserves the right to block the buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the buyer can call the following telephone number : 0767544266
/+237682561401/+237677839552 (cost of a local call),
on the following days and times: Monday to Saturday from 12 p.m. to 8 p.m., or send an email to the seller at the following email address : fonkeu90@gmail.com.

Section 5 – Electronic signature

The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement :

• payment of amounts due under the purchase order ;
• signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number : 0767544266/+237682561401/+237677839552.

Section 6 – Order confirmation

The seller provides the buyer with an order confirmation by e-mail.

Section 7 – substantiation of the transaction

The computerized registers, kept in the computer systems of the seller under reasonable conditions of security, will be considered as  substantiation of communications, orders and payments between parts. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced at  substantiation.

Section 8 – Product information
The products governed by these general conditions are those which appear on the seller's website and which are shown as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occur as to this presentation, the seller's liability could not be engaged. The photographs of the products are not contractual.

Section 9 – Price

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated in time of order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the confirmation of the order. The prices take into account the VAT applicable on the day of the order and any change in applicable rate VAT will be automatically reflected in the price of products in the online store.
If one or more taxes or contributions, especially environmental ones, were to be created or modified, increasing as in decline, this change may be reflected in the selling price of the products.

Section 10 – Payment method

This is an order with obligation to pay, which means that placing the order involves a buyer's payment.
To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has any authorizations necessary to use the payment method chosen by him, during the validation of the order form. The seller is reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially settled a previous order or with which a payment dispute is in progress administration.
Payment of the price is made in full on the day of the order, as follows :

• Payment by bank card

Payment of the price is made in full upon delivery, as follows :

• Payment by bank card

Section 11 – Product availability - Refund - Resolution

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, while stocks last, those indicated below. The shipping times run from the date of registration of the order indicated on the email confirming the ordered.
For deliveries in mainland France and Corsica, the deadline is 3 days from the day following the day on which the buyer placed his order, according to the following modalities: Colissimo. At the latest, the deadline will be 30 working days after the conclusion of the contract.
For deliveries to overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case.
In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before terminating the contract, direct the seller to perform it within a reasonable additional time.
In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract will be considered canceled upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has done so in the meantime.
The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him a essential condition of the contract.
In that event, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the later within 14 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his ordered. The buyer will then have the option of requesting either a refund of the sums paid within 14 days at most late in their payment, or the exchange of the product.

Section 12 – Terms of delivery
Delivery means the transfer to the consumer of physical possession or control of the good. Products ordered are delivered in accordance with the terms and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the expense of the buyer. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the address of delivery, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the letterbox, which will allow collect the package at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (parcel refused because open or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any delivery anomaly (damage, product missing from the delivery note, damaged package, products broken ...).
This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the voucher Delivery.
The buyer must then confirm these reservations to the carrier by registered mail within two days at the latest working days following receipt of the item (s) and send a copy of this letter by fax or simple mail to seller at the address indicated in the legal notices of the site.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any complaint made after this deadline cannot be accepted. The return of product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Section 13 –Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following the delivery, any claim of delivery error and / or non-conformity of products in kind or in quality compared to details on the order form. Any complaint formulated beyond this period will be rejected. The complaint can be made, at the choice of the buyer :

• by phone : +237682561401/ +33767544266 ;
• by e-mail : ifonkeu90@gmail.com .

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account. and release the seller from all liability to the buyer.
Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and the will communicate by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in its together and in its original packaging, by registered Colissimo, at the following address: 201 rue Aristide Briand, 10100 Romilly-sur-Seine.
Return costs are the responsibility of the seller.

Section 14 – Product warranty
14-1 Legal guarantee of conformity
The seller is responsible for the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that :

• the buyer has a period of 2 years from the delivery of the goods to act ;
• the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code ;
• the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the good.

14-2 Legal warranty against hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property. sold. It will be up to the buyer to prove that the defects existed in the sale of the property and are likely to return the property unsuitable for the use for which it is intended. This guarantee must be implemented within two years from the date of discovery of the defect.
The buyer can choose between rescinding the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Section 15 – Right to retract
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing their remarketing in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express a willingness to retract. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed.
Return shipping costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 24 hours, and at the latest, within the period of 14 days from the receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :

• the supply of goods the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period ;
• supply of goods made to the consumer's specifications or clearly personalized ;
• supply of goods liable to deteriorate or expire rapidly ;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection ;
• supply of goods which, after being delivered and by their nature, are inseparably mixed with other items ;
• supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional ;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency ;
• supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery ;
• supply of a newspaper, periodical or magazine, except for subscription contracts to these publications ;
• for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

Section 16 – Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and result in their suspension. The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well than their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, will be considered as force majeure. inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunication or difficulties specific to telecommunication networks external to customers.
The parties will come together to consider the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Section 17 – Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content. Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

Section 18 – Computing and Freedoms
The personal data provided by the purchaser are necessary for the processing of his order and the establishment of invoices.
They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Africa Innov website has been declared with the CNIL.
The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the modalities defined on the Africa Innov site.

Section 19 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the others stipulations will retain all their force and scope.

Section 20 – No waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Section 21 –Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Section 22 – Language of the contract
These general conditions of sale are written in French. In the event that they are translated into a or several foreign languages, only the French text will prevail in the event of a dispute.

Section 23 – Mediation
The buyer can resort to conventional mediation, in particular with the Mediation Commission of the consumption or with existing sectoral mediation bodies, or any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

Section 24 – Applicable law
These general conditions are subject to the application of French law. The competent court is the court instance for disputes amounting to less than or equal to € 10,000 or the high court for disputes whose amount is greater than € 10,000.
This is the case for the substantive rules as for the rules of form. In case of dispute or complaint, the buyer will address as a priority to the seller to obtain an amicable solution.

Section 25 – Protection of personal data
Data collected
The personal data collected on this site are as follows :

• account opening: when creating the user's account, their name ; first name ; email address ; Phone Number ; address ;
• connection : when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data ;
• profile : the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number ;
• payment : as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card ;
• communication : when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored ;
• cookies : cookies are used as part of the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data
The personal data collected from users is intended to provide the services of the website, improving them and maintaining a secure environment. More specifically, the uses are as follows :

• access and use of the website by the user ;
• website operation management and optimization ;
• organization of the conditions of use of the Payment Services ;
• verification, identification and authentication of data transmitted by the user ;
• offering the user the possibility of communicating with other users of the website ;
• implementation of user assistance ;
• personalization of services by displaying advertisements based on the user's browsing history, according to their preferences ;
• prevention and detection of fraud, malware (malicious software) and management of security incidents ;
• management of any disputes with users ;
• sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties
Personal data may be shared with third-party companies, in the following cases :

• when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts ;
• when the user publishes publicly accessible information in the free comment areas of the website ;
• when the user authorizes the website of a third party to access his data ;
• when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data ;
• if required by law, the website may transmit data to respond to complaints against the website and comply with administrative and legal procedures ;
• if the website is involved in a merger, acquisition, asset transfer or reorganization proceeding, it may have to sell or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of security of the digital to protect personal data against alteration, destruction and unauthorized access. However, it is note that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the rights following, which they can exercise by making their request at the following address: fonkeu90@gmail.com. the right of access: they can exercise their right of access, to know the personal data concerning them. In in this case, before the implementation of this right, the website may request proof of the user's identity in order to check for accuracy.
The right to rectification: if the personal data held by the website are inaccurate, they may request updated information.
The right to delete data: users can request the deletion of their personal data personnel, in accordance with applicable data protection laws.
The right to restriction of processing: users can request the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDRP.
The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDRP.
The right to portability: they can request that the website provide them with the personal data that is provided for forwarding to a new website.

Evolution of this clause
The website reserves the right to make any modification to this clause on data protection at personal character at all times. If a change is made to this data protection clause at personal nature, the website undertakes to publish the new version on its site. The website will also inform users of the modification by e-mail, at least 15 days before the effective date. Yes the user does not agree with the terms of the new wording of the personal data protection clause personal, he has the possibility of deleting his account.