4.1 AFREEKHA’s goal is clear : help the Sellers sell their Products and help them develop their activity. It is also notably precised that the Products on sale on the website www.AFREEKHA.com are exclusively to be African inspired products meaning:
- either to be made or composed of matter originated or commonly used in Africa, may it be the fabrics, pearls, patterns, design or any other component of the product.
- or having a message, usage or meaning clearly linked to or with African, Black or the Afro lifetsyle and/or culture;
- or be recognized by the AFREEKHA team as African inspired;
4.2 The Platform enables the Seller to create his virtual shop using an unique account which is associated to an e-mail address, an username and the password unique. Also, the Seller is obligated to propose to the Buyer the credit card payment method, to allow the Buyer to pay all the Products bought on different shops of the same Site in one payment and/or the amount enables the payment in 3 times.
4.3 AFREEKHA also offers promotional tools to the Sellers (for example reduction coupons, partners offer etc…). The use or not of such tools offered by AFREEKHA is under the sole responsibility of the Seller.
4.4 Each Seller forbids himself to list and offer to sale on the website any Products:
(i) explicitly unauthorized to sale by AFREEKHA on the Website, notably a Seller’s Charter;
(ii) against the law and regulation effective or the good customs and morals or unauthorized according to the current dispositions , notably Forbidden Products (in particular the Products constituting illegal concealment or importation), violating the rights of a third party such as counterfeit Products as defined by the Code of intellectual property, sold in violation of selective or exclusive distribution networks, or stolen and/or non conform to the effective prescriptions relatives to security and the health of persons applicable to certain products (for example the toys, the electrical apparels, the cosmetic and corporal hygiene products, child care articles, textile articles or leather or leather-imitated articles) ; AFREEKHA brings to the Seller's attention the absolute necessity for the Seller that puts a Product on the market and especially to be sold on the Platform , to ensure that the Product is strictly conform to all legislation, ruling and other prescriptions applicable, starting from its production or fabrication to its purchase by the Buyer. Therefore, the Seller commits to engage all means necessary to reach this obligation of legal conformity, especially the implementation of auto-controls at all steps of the commercialization and the justification on demand of the competent authorities to control and verify accordingly.
(iii) which are not tangible and numerical or physical objects ;
(iv) which solicit s donations, complements, add-ons or any other pecuniary action supplementary.
(v) not corresponding or not exactly to a Product of the Seller, effectively available for purchase or to be sold on the Platform.
(vi) which the Seller to not dispose of and/or is not able to deliver , notably according to the delay indicated in the online offer.
(vii) which the pictures were not realised by the Seller or for which is does not hold all the rights . Only the photos fully and legally owned by the seller are allowed.
4.5 In the event of AFREEKHA noticing, following an alert of a Member or by its own action, the selling of Forbidden Products on the website, AFREEKHA keep the right :
(i) to unlist the sale of Forbidden Products or any Products contrary to the present General Conditions ;
(ii) to block, suspend, close or suppress the account of the Seller ;
(iii) communicate the capable authorities all information required regarding the sell offer and/or buy of any Forbidden Product on the website, including the nominative information of Members if necessary and/or cooperate with the competent authorities on demand.
4.6 Each Seller commits :
(i) to indicate the complete and exact characteristics and specifications of Product on sale on the Platform and the fabrication delay, the Product price (all taxes included, especially duties’ to be paid if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
Therefore, for all order on which the duties tax or any other additional taxes are billed to the buyer, the Seller commits to take in charge this cost , according to financial modalities to be agreed with the buyer.
(ii) to carry out all necessary inquiries in order to fabricate or sale each Product in order for the offer to be accurate and that the Buyer might not be mistaken. Each seller is sole responsible of supplying the integrality of the sale offer elements notably the description, photos, price and cost and delay of delivery;
(iii) to put the Product in the proper category and with the proper specifications to be filled in and found , the Seller being sole responsible of the category in which he indexes his product, this indexation cannot be interpreted in no circumstances as a guarantee from AFREEKHA on the origin, legal conformity and authenticity of this product.
AFREEKHA may however moderate, modify , suppress or block any product that is not the righ category or bears the wrong specification , or is contary to the Seller’s Chart or the present conditions.
4.7 Each Seller is the sole responsible of any products he puts to sale on the platform, also as the respect of all laws and regulations applicable to the fabrication and sale of these products, and will be sole responsible (notably in front of the Buyer but also of AFREEKHA) in case of damage caused by his Products and more globally of all consequences linked to the offer and sale of his products. AFREEKHA warm the Seller against the existence of specific regulation applicable to the sale and fabrication of certain regulated products such as for example , the toys, the electrical tools, the child care tools, the textile articles, the leather or leather imitation articles etc.. AFREEKHA can be in no manner hold responsible for the sale of a Product by the Seller that would not be conform the law and regulation in effect.
The Seller commits to guarantee AFREEKHA in the event of the complain, action , claim of a third party against the non conformity of a Product to the applicable legislation , and to indemnise AFREEKHA of all consequences linked to the non conformity of his Products to the laws and rulings applicable . The Seller commits accordingly to take directly to his charge the payment of all sums, including all eventual condemnations, legal fees, lawyer's fees and other amounts that might be due to this effect (or to reimburse AFREEKHA at first demand).
4.8 The Seller commit to keep all information on the Buyer confidential and do not share them. The Seller also commits to use the contact details and other data communicated by the Seller only for the purpose of ordering processing and the legal obligations corresponding. Notably the Seller commits to not propose to the Buyer products available outside the Platform and not to use the personal information of a Buyer for other objectives than the execution of the order on the Site.
4.9 Each Seller guarantees to own all the necessary rights to sale any Product offer to sale by him on the Platform and guarantees AFREEKHA against any reclamation regarding the content of a sale offer and/or the execution of the sale.
4.10 In case of a dispute between Sellers on the Content publicized by one of them (for example in case of counterfeit or illegal competition by one of the Sellers), AFREEKHA intervene in the dispute resolution by keeping the right to act/punish on the platform any or multiple parties concerned. AFREEKHA also keeps the right to not pursue reclamations from a Seller in these cases, without encountering any responsibility at this title. Any potential intervention of AFREEKHA cannot be substituted to the consultation by the Seller of an lawyer if needed.
4.11 The Seller that leaves or is unavailable for more than 48 hours, commits to suspend his virtual shop, by using the deactivation function offered by AFREEKHA on the Platform. AFREEKHA also offers to the Sellers an option enabling the automatic reactivation of the Products.
4.12 The Seller which behavior (inside or outside the Platform)is susceptible to hurt the image and/or reputation of AFREEKHA or the Platform , might have his behavior sanctioned by AFREEKHA , conforming to the article 12.2 of the present General Conditions, notably in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers . in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers .
4.13 The Seller that wish to be paid using his Virtual Wallet must beforehand provide AFREEKHA with a detailed bank account information. The Seller accepts that the amounts that are due for the sales of Products on the Platform and that are paid by credit card , in 3 times or in a single cart , are credited on his Virtual Wallet. The Seller can get the amount of his Virtual wallet by bank wire or money transfer or on the credit card linked to its Wallet, depending on the conditions met by the order progression and his status.
4.14 Case of the Professional Seller
The Seller acting as a professional must indicate it on the Platform and fill his registration number to the Commerce and Societies Register and any other information required by AFREEKHA allowing to identify him.
It is the responsibility of each Seller to determinate if he acts as a professional or not, by asking, if necessary, at his cost, the legal assistance necessary to determine his status and accomplish all proper formalities according.
AFREEKHA also reminds the Seller acting as a Professional his obligation to respect all the rules and obligations incumbent upon him in his quality of professional, regarding the applicable law, notably but without limitation to the consumption right (offer clarity made to the consumer, consumer information, Products disponibility, delivery conditions, retraction right of the consumer, remote and overbroad billing, guarantees etc..), the company law, social law , fiscal law, illegal, deceptive or aggressive competition laws, and those regarding the sales, that he declares to know perfectly.
The Seller acting as professional guarantees AFREEKHA that he will conforms as a professional to his obligations and indemnify AFREEKHA of all consequences linked to the violation of the Seller to any of his obligations as a professional Seller. The Seller then commits to directly take in charge the payment of any amount, including eventual condemnations, advocate fees and any other amounts that will be due according to that violation.
4.15 The Seller commits to respect the conditions and modalities of sales in place in his country and the Buyer's , especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries' legislation, the latest legislation in France is the referring legislation.
4.16 As a member of the community and to protect its image, the Seller has the obligation to fix any litigation or issue pleasantly and to the advantage of the Buyer as much as possible, even if he acts in unpleasantly or bad faith. If this happens, the Seller is then free to end the transaction by refunding the Buyer and notifying him politely.
4.17 The Seller commits to deliver the products to the Buyer in the delay indicated on its page on the website, or ideally before or if not in 10 days maximum from the order date. Otherwise, the Seller commits to update the Buyer each week at minimum and if the Buyer requests it , to refund him entirely. This refund should be done even if the product is being delivered but that the announced delay has been expired. should be done even if the product is being delivered but that the announced delay has been expired.
4.18 The Seller commits to respect each and every point of the AFREEKHA Seller’s Chart scrupulously , with good faith and proactivity as much as possible. Otherwise, he can be subjected to the same sanctions as those evoked in these terms.
4.19 The general conditions implemented by the Seller cannot be contrary to the applicable laws nor to the following General Conditions , and only applies of the occuring case does not correspond to the stated rules, to those stated here or in the Seller’s Chart.
In the case of opposition or difference between the General Conditions of a shop and those of the Platform, the Seller commits to always respect the present and correct his, or he may face a shop suspension or deletion.