GENERAL CONDITIONS OF SALE SECOND LIFE AFRICA
PHYSICAL POINT OF SALE - NIGER
Version: July, 2021.
These general conditions apply within the physical SECOND LIFE stores, hereinafter referred to as “Boutique”, of the company PARENGA AFRICA SARL, a limited liability company with a capital of CFA francs 1,000,000, registered in the Niamey Trade Register under the number RCCM NE-NIA-2019-B-738 - NIF 51433 / S, whose head office is located at 2e Latérite, Recasement, Niamey, Republic of Niger,
Telephone: +227 70 73 73 78,
E-mail: contact @ secondlife.africa,
Mail: PARENGA AFRICA SARL, BP 10328, Niamey, Republic of Niger,
which sells used clothing and accessories.
These General Conditions of Sale ("GTC") govern the rights and obligations of the Buyer, professional or consumer, within the meaning of the provisions of the Consumer Code,
hereinafter referred to as "Buyer" or "Customer" and of the seller hereinafter referred to as "SECOND LIFE" or "Seller", for all purchases made and paid for directly in the Store in the presence of the Buyer and the Seller.
Article 1 - Scope - Modification of the General Conditions of Sale:
These General Conditions of Sale apply, to the exclusion of all other conditions, to all purchases made directly within the Store, in the presence of the Buyer and the Seller, and are valid at the time of the purchase. is actually achieved.
The fact of buying in Store consequently implies the full and unreserved acceptance of the Purchaser to these General Conditions of Sale, to the exclusion of any other document, prospectus, catalog, issued by the Seller. The Seller reserves the right to modify these General Conditions of Sale at any time. However, the applicable General Conditions of Sale are those in force at the time of the purchase.
Article 2 - Price and characteristics of the products:
The Seller presents in his Shop the products that he offers for sale as well as their essential characteristics.
Product prices are indicated in the Store in CFA Francs (XOF), all taxes included. The selling prices of the products are those displayed and in effect at the time of purchase, excluding any transport and delivery costs.
The selling prices of the products can be modified at any time without notice. However, the products will only be invoiced at the rate in effect at the time of purchase. Any shipping costs are the responsibility of the Customer and are invoiced in addition to the price of the products regardless of the amount of the order, depending on the size and weight of the product, the choice of carrier, the method of shipping. shipment, and the destination chosen by the customer.
The shipping costs will be indicated at the time of purchase by the Seller. In the event of delivery outside the city / country where the Shop is located which may be subject to any taxes and / or customs duties, these customs duties and possible taxes will remain the responsibility of the Customer and will be his responsibility.
The Seller is not required to verify and inform the Buyer of the customs duties and taxes applicable to its delivery. It is expressly agreed between the parties that all sums paid in advance by the Purchaser constitute down payments. Consequently, if the Seller does not accept the modification or cancellation of an order placed in the Shop by the Buyer, any down payments made will not be returned.
Article 3 - Payment:
The products are payable in full upon purchase. Payment is made only by the following payment methods: - in cash, money transfer or by bank transfer.
For a wire transfer or a transfer, the purchase will be made only when the banking or transfer center has given its validation of credit on the account or allow the withdrawal. In case of refusal of the banking center or transfer, no sale will be concluded.
A sales receipt will be drawn up by the Seller and given to the buyer at the time of his purchase.
The Boutique does not credit. However, some items can be reserved on payment of a deposit of at least 50% of the total price.
Article 4 - Return - Refund:
It is expressly recalled that the Buyer has no legal right of withdrawal insofar as his purchase is made in the Store and not remotely. The refund or the exchange can be made in store subject to valid reasons (example: size too small or too large…).
Article 5 - Intellectual property:
The Store and all of its content, in particular but not exclusively the texts, brands, logos, graphics and other distinctive signs are the property of the Seller or of third parties who have granted it a right of use. This set is protected by intellectual property rights in accordance with the intellectual property code.
Any modification, representation and reproduction, in whole or in part, for any use other than private use is strictly prohibited, except with the express prior authorization granted by the Seller. This prohibition applies whatever the medium, the reproduction, representation and / or modification process and whatever the duration. The Seller treats information concerning its customers with the strictest confidentiality. When ordering, only the information essential for efficient processing and careful monitoring of the order is requested. These data can be recorded by the Seller on a secure medium.
The Seller undertakes that the collection and processing of personal information complies with the law. In accordance with the law relating to computers, files and freedoms, the company PARENGA AFRICA SARL informs the Buyer that he has the right to access, modify, rectify and delete data concerning him. . The Seller thus offers the possibility of exercising this right by mail, to the following address: BP 10328, Niamey, Niger.
Article 6 - Guarantee - Liability:
6.1 Legal guarantees - The Buyer benefits from the guarantee against hidden defects: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which diminish so much. this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known them. "
Are excluded from the legal guarantees incumbent on the Seller, all products modified, used or repaired by the Buyer or by any other person not expressly authorized by the Seller.
6.2 Liability - The Seller cannot be held liable for any damage of any kind, material, immaterial or bodily injury which may result from the misuse of the products sold. The Buyer is therefore solely responsible for the proper use of the products.
The Seller cannot be held liable in the event of non-performance of the contract due to a shortage of stock or unavailability of item (s), in the event of a total or partial strike of the shipping services, and in the event of force major.
Article 7 - General:
The fact that one of the Parties does not require the strict execution of these GTC or any of their provisions, will not be considered as a waiver of subsequently invoking any of the terms of these GTC.
If one or more stipulations of these T & Cs were to be declared null or unenforceable due to legislative or regulatory changes, the other stipulations would then retain all their force and validity, and the Parties would endeavor, as soon as possible, to substitute for them equivalent stipulations reflecting their common intention.
For all disputes relating to the formation, execution, interpretation, cessation, cancellation of sales concluded by SECOND LIFE, only Nigerien law is applicable. If the buyer is a professional, not a consumer, only the Commercial Court of Niamey will have material and territorial jurisdiction.
This clause applies even in the event of summary proceedings, incidental demand or multiple defendants or call in guarantee, and regardless of the mode and terms of payment, without the attribution of jurisdiction or applicable law clauses on the documents of the buyers may prevent the application of this clause.
The purchaser, consumer, is informed of the possibility that he has to resort, in the event of litigation, to a mediator of consumption or to any other alternative mode of resolution of the disputes. Customers having the status of consumer have the possibility of seizing the mediator of consumption in order to try to reach an amicable outcome. In the absence of an amicable agreement between the parties, any dispute directly or indirectly related to these GTCS will be submitted, for the buyer, the consumer, to the Nigerien courts materially and territorially competent in application of common law.