Par Pan African Emarket
Mentions légales/Conditions générales/Politique de remboursement/annulation
Bienvenue sur la plateforme Pan African Emarket ( www.panafricanemarket.com ).
Les présentes conditions générales et mentions légales régissent l’utilisation de la plateforme Pan African Emarket.
ARTICLE 1 : DÉFINITIONS
1.1 « Utilisateur » : désigne toute personne qui utilise la Plateforme, qu’elle soit « Membre » ou « Non-Membre ».
1.2 “Membre” : l’Utilisateur devient membre lorsqu’il s’identifie sur le site grâce à son inscription. Identifiant et mot de passe : il s’agit de l’ensemble des informations nécessaires à l’identification d’un Utilisateur sur le site. L’identifiant et le mot de passe permettent à l’Utilisateur d’accéder aux services réservés aux membres du site. Le mot de passe est confidentiel.
1.3 « Non-Membre » : désigne tout Utilisateur non inscrit sur le « Site ».
1.4 « Site » : désigne l’ensemble des pages web et des ressources reliées entre elles par des liens hypertextes, auquel l’Utilisateur peut accéder via l’adresse web enregistrée sous le nom de domaine à l’url : www.panafricanemarket.com.
1.5 “Plateforme” désigne la structure fonctionnelle et organisationnelle (place de marché en ligne) mise en place par Pan African Emarket pour mettre en relation Vendeurs et Acheteurs de Produits, accessible via le Site situé à l’adresse www.panafricanemarket.com, ou toute autre adresse(s) pouvant être substituée. La Plateforme comprend l’ensemble du Site et désigne donc tout ou tout ou partie du Site.
1.6 « Vendeur » : désigne un Membre qui ouvre une boutique virtuelle sur la Plateforme et propose des Produits à la vente via la Plateforme.
1.7 “Produit” désigne un produit ou un service proposé à la vente sur la Plateforme par un Vendeur. Le Produit doit être conforme aux Conditions Générales et notamment ne pas constituer un Produit Interdit ;
1.8 « Acheteur » : désigne un Membre ou un Non-Membre qui a atteint son intérêt pour au moins un Produit en passant une commande auprès d’au moins un Vendeur (que le Vendeur ait accepté ou non la commande) ou qui a “réservé « Au moins un produit.
1.9 « Contenu » : désigne tout contenu fourni par l’Utilisateur sur le Site, y compris, mais sans s’y limiter, tout Produit, données, informations, texte, article répertorié, description, commentaire, évaluation du Vendeur, nom, pseudonyme , signe, photographie, image, son, vidéo, logo et tout autre élément fourni par l’Utilisateur sur la Plateforme, y compris lors de son inscription, dans un email, sur un blog ou sur la boutique d’un Vendeur.
1.10 « Produit interdit » désigne un produit dont la vente est interdite sur la Plateforme, comme décrit plus en détail à la clause 7.4 des présentes Conditions générales.
1.11 “Virtual Wallet”: means: (a) for the Seller, the reserve of money available on the account of the Seller who has made at least one sale on the Site through the secure CB payment system of Pan African Emarket (via the partner in charge of secure payments), and has been credited with the fruit of his sale. The Virtual Wallet can be used by the Seller to purchase services or Products on the entire Platform; (b) for the Buyer Member, the reserve of money available on the account of the Buyer who has made at least one purchase on the Site through the secure CB payment system of Pan African Emarket (via the partner in charge of secure payments) and has been reimbursed all or part of his purchases by a Seller following a request for refund. The Virtual Wallet can be used by the Buyer to purchase Products on the entire Platform. Each Member has a Virtual Wallet at the time of account opening for all Sites, which allows him/her to pay for purchases and to be paid under the conditions described in these Terms and Conditions for all details on the creation, use and limits of the Pan African Emarket Virtual Wallet.
1.12 To the extent that other links or hyperlinks are not yet functional, the term “Site” may mean the “Platform”.
1.13 EPAM is an abbreviation (acronym) for Pan African Emarket
ARTICLE 2: PURPOSE
2.1 The purpose of these “Terms and Conditions of Use” is to provide a legal framework for the provision of the services of the Pan African Emarket platform and their use by the “User”.
2.2 The general terms of use must be accepted by any User wishing to access the Site. They constitute the contract between the Platform and the User. By accessing the Website, the User accepts these terms and conditions.
2.3 Eventually:
- In case of non-acceptance of the terms and conditions of use stipulated in this agreement, the User must renounce access to the services offered by the Site.
- Pan African Emarket reserves the right to unilaterally modify the content of these terms and conditions at any time.
ARTICLE 3: LEGAL NOTICES
3.1 The publishing of the Platform is ensured by Pan African Emarket, a Limited Liability Company (Ltd) with a capital of 1,000,000 CFA francs registered under the Unique Financial Identifier (IFU) 00175959V, whose head office is located in Ouagadougou, S/C 10 BP: 354 OUAGADOUGOU 10, represented by the Board of Directors. The domain name (www.panafricanemarket.com ) as well as the hosting of the Site are ensured by the host Hostinger.
ARTICLE 4: ACCESS TO SERVICES
4.1 The platform allows the User free access to the following services
- The opening of shops
- The articles and/or services of shops or service providers;
- Classified ads;
- The publication of comments / personal works;
- Promotional services.
4.2 The site is accessible free of charge at any location to any User with Internet access. All costs incurred by the User in accessing the service (hardware, software, Internet connection, etc.) are at the User’s expense.
4.3 Non-member Users do not have access to services reserved for members. To do so, he/she must identify himself/herself using his/her login and password. The site uses all the means at its disposal to ensure quality access to its services. As the obligation is one of means, the site does not undertake to achieve this result. Any event due to force majeure resulting in a malfunction of the network or server does not engage the responsibility of Pan African Emarket.
4.4 Access to the site’s services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
4.5 The User may contact the site by e-mail at contact@panafricanemarket.com ;
ARTICLE 5: INTELLECTUAL PROPERTY
5.1 The brands, logos, signs and any other content of the site are protected by the Intellectual Property Code and more particularly by copyright. The User must request prior authorization from the site for any reproduction, publication or copy of the various contents.
5.2 The User undertakes to use the contents of the site in a strictly private context. Any use of the contents for commercial purposes is strictly forbidden.
5.3 Any content put online by the User is his/her sole responsibility. The User undertakes not to put content online that may be contrary to public morality, public order or the interests of third parties (see articles 7 and 8). Any legal action taken by an injured third party against the site will be borne by the User.
5.4 User Content may be removed or modified by the Site at any time and for any reason. The User does not receive any justification or notification prior to the deletion or modification of User Content.
ARTICLE 6: OBLIGATIONS OF PAN AFRICAN EMARKET
6.1 The Platform is an online exchange and sales space on which Products, in accordance with these General Terms and Conditions (and in particular Pan African Emarket’s policy regarding Products authorised and prohibited for sale), may be offered for sale, sold and acquired by Members, as long as their offer, sale or acquisition is not contrary to the legal provisions in force and to these General Terms and Conditions.
6.2 Pan African Emarket acts as an intermediary between Sellers and Buyers and ensures the proper functioning of the platform.
Each Member is solely responsible for its Content, Pan African Emarket only acting as a passive technical intermediary for its posting and not controlling the Content before it is posted. The Member shall refrain from providing Content and, more generally, from any act or conduct that:
- infringing the copyrights, patents, trademarks, designs, trade secrets, right of disclosure or privacy of third parties
- defamatory, abusive, disparaging or libelous;
- Discriminatory or inciting to racial, religious or ethnic violence or hatred;
- obscene or pedophilic;
- likely to be qualified as embezzlement, fraud, breach of trust or any other criminal offence;
- for the purpose of obtaining the transfer of money without the provision of a Product in accordance with these Terms and Conditions of equivalent value to the money sought; or
- which may damage any computer system or surreptitiously intercept any data or information;
- result in Pan African Emarket’s liability or loss of use of any or all of the services of Pan African Emarket’s service providers, including but not limited to its internet service providers, payment providers and storage providers
(ix) which may damage Pan African Emarket’s reputation or constitute unfair competition or parasitism against Pan African Emarket, any other Member or third parties;
(x) which violate any applicable law or regulation and/or any contractual clause binding on the Member.
6.3 Pan African Emarket reserves the right to take any action to deter, suspend, remove, ban or even take legal action against any Member who acts contrary to the provisions of these Terms of Use.
ARTICLE 7: SELLER’S OBLIGATIONS
7.1 The objective of EPAM is to create an online trading platform for Made in Africa products. This makes it possible to create a link to bring local producers and consumers closer together, by significantly reducing the constraints of distance and material and immaterial infrastructure. It should therefore be noted that the Products offered for sale on the www.panafricanemarket.com website are mainly made in Africa.
7.2 The EPAM Platform allows Producers (Sellers) to create their online virtual shops on the Platform via a unique account with a unique email address, username and password.
7.3 EPAM provides its individual Sellers with promotional tools (such as for example coupons, partner offers, free trial periods, advertisements, etc.) and capacity building training. The use of promotional tools by the Seller is free. The Seller is solely responsible for the use of the promotional tools provided by EPAM.
7.4 EPAM is subject to the e-commerce standards and regulations of its host countries and internationally. Accordingly, each Seller agrees not to list or offer for sale on the EPAM Site any Products:
- Explicitly not authorized for sale by EPAM on the Site, in particular in the Sellers’ Charter;
- Contrary to the laws and regulations in force or to good morals or not authorised by virtue of contractual provisions, in particular fraudulent Products, infringing the rights of a third party.
- which are not digital or physical and tangible objects;
- which solicit donations, additions, additions or any other additional monetary action.
- do not correspond or do not exactly correspond to a Seller’s Product actually available for purchase or sale on a Site
- which the Seller does not have and is not able to deliver, in particular within the period indicated in the online offer;
- for which the photos have not been taken by the Seller or for which he does not own all the rights. Only photos of products taken by the Seller or with the help of EPAM are permitted.
7.5 Should EPAM become aware, following an alert from a User or of its own making, that Prohibited Products are being offered for sale on the platform, EPAM reserves the right to:
- withdraw from sale the said Product that does not comply with or is contrary to these General Conditions;
- block, suspend, close or delete the Seller’s account
- report to the competent authorities all information required concerning any offer to sell and/or any purchase of a Prohibited or Non-Compliant Product on the platform;
7.6 Each Seller is obliged to:
- indicate the complete and accurate characteristics and qualities of each Product offered for sale on the Platform (date of manufacture, price including VAT of the Product, delivery time and shipping and customs costs);
- provide all necessary information in the offer to sell each Product and Service so that the offer is truthful and the Buyer cannot be misled.
7.7 Each Seller undertakes to indemnify EPAM in the event of a complaint, action or claim by a third party against EPAM relating to the non-compliance of a Product with the applicable regulations, and to indemnify EPAM against all consequences relating to the non-compliance of its Products with the applicable laws and regulations.
7.8 Each Seller undertakes to keep confidential and not to disclose any information about the Buyer. The Seller shall not offer the Buyer products available outside the Platform.
7.9 Each Seller agrees to accept possible sanctions in the event of behaviour (on or off the Platform) that may damage EPAM’s image and/or reputation, in particular in the event of repeated negative behaviour or subsequent disputes with one or more Buyers or with at least one of our partners.
7.10 undertake to comply with the terms and conditions of sale and all legislation and practices in force in its own country and in that of the Buyer, in particular as regards exchange, reimbursement and assumption of responsibility for return costs.
7.11 The Seller undertakes to deliver the products to the Buyer within the time limits indicated in the product sheet or ideally before these time limits.
ARTICLE 8: BUYER’S OBLIGATIONS
8.1 The Buyer creates a single account on the EPAM Platform. This account on the Website allows him/her to access the Platform and to purchase Products and Services on the Website, via the same account.
8.2 The Buyer undertakes to comply with all laws and regulations relating to the acquisition of goods and services of any kind.
8.3 Once the Product(s) have been selected, the Buyer must check the details of his/her order, its price, fill in, if necessary, depending on the method of payment chosen, the information enabling the payment of the Product and correct any errors. The confirmation of the order by the Seller will automatically be correct for acceptance by the Buyer.
8.4 From the moment that the Buyer has placed an order for Products and Services on the Platform, the Buyer automatically accepts that his/her full name, delivery address, country and city be communicated to the Seller and possibly to any visitors to the site (for study and evaluation purposes).
The Buyer is also responsible for checking the accuracy of the address provided. In the event of inaccuracy in the address provided, the Seller or EPAM shall not be held responsible and shall not bear any charge or expense arising from such error.
8.5 No order placed is dependent on any other. Therefore, if one or more orders have not been accepted by the relevant Seller(s), the Buyer’s other orders are not without effect and are binding on the Buyer. Consequently, the Buyer cannot renounce the totality of his order for products on the grounds that one or more Products ordered from one or more Sellers on the Platform are not available. The Buyer is bound by the order of the other available Product(s).
8.6 Upon receipt of the ordered Products, the Buyer shall confirm such receipt. If necessary, the Buyer shall file a complaint. The Buyer shall file a complaint with the Seller within 30 days from the date of dispatch of an order. After this period without any confirmation or claim being received by the Seller, the transaction shall be deemed to be complete between the Seller and the Buyer.
8.7 It is the responsibility of the Buyer to read the entire description of a product and the conditions of sale and delivery before making a purchase. Consequently, the Buyer may not retract his purchase for this reason or blame the Seller or EPAM for any confusion, oversight or inattention on his part.
ARTICLE 9: SELLING PROCEDURE
9.1 EPAM provides users with the following payment methods: bank cards (VISA and Mastercard), PayPal and mobile money. Transactions are made through the secure payment system set up by Pan African Emarket via its partner DPO GROUP.
9.2 EPAM acts as an intermediary and the sale is concluded between the buyer and the seller.
9.3 The platform allows the Buyer to add Products from several virtual shops to his basket and pay for the whole basket in one go. In this case, the Buyer must pay the amount of his purchases by the means of payment available on the platform (credit card, through his PayPal account or through mobile money). Once the payment has been made, each Seller shall manage the order of its Products in accordance with the stipulations of this article 7 and more generally of these General Conditions. As soon as the Buyer has finalised his/her order on the Site, a confirmation of the order will be sent to the Buyer and the Seller(s).
9.4 The sale is concluded between the Buyer and the Seller as of the payment by the Buyer of his order on the Site, subject, in case of payment by the means of payment chosen by the buyer by the means of the system of payment DPO GROUP, of the confirmation by the Seller under 48 hours of the possibility of honouring the order. In this case, after this period the order will be automatically cancelled and the Buyer will be automatically refunded. Pending the availability of a virtual wallet by Pan African Emarket, all refunds are made by default to the Buyer’s account (credit card, PayPal, Mobile money) minus the related fees.
9.5 An incentive policy is in place to enable sellers to be more active on the platform. The monitoring of the Seller’s shop will allow the Seller’s shop to be temporarily paused if the Seller has not provided a response several times in a row to orders on its shop.
When the order placed by the buyer is confirmed by the Seller within 48 hours, the Seller’s account is credited with part of the transaction amount (price of the Product plus delivery costs). The remainder of the transaction is paid into the Seller’s account at the time of confirmation of receipt (or upon confirmation if “Verified”) by the buyer.
In accordance with the Seller’s Charter, a defined number of cancellations in a row or within a given period may lead to the suspension or deletion of a shop on EPAM.
9.6 The amount paid into the seller’s account = transaction amount (product price + delivery costs) – (commission + transaction costs). The commission is the fee paid to Pan African Emarket and the transaction fee is the fee paid to the secure payment partner. The commission is 6% and the transaction fee is 4%. The Seller shall ship the products as soon as the order is confirmed and without waiting for all debits. In the event of a payment failure, collection charges are to be expected and the Seller may not recover the missing funds if EPAM cannot complete them.
9.7 In accordance with EPAM’s current delivery policy, the Seller is responsible for shipping and delivering the order to the Buyer in accordance with the delivery times announced to the Buyer at the time of the order and the applicable legal provisions. A list of delivery companies in the Buyer’s area is made available to the Seller.
The Buyer’s full contact details will be available to the Seller once payment has been made. As soon as the Seller is ready to dispatch the order, it shall inform EPAM and the Buyer, indicating to the latter the delivery date or the expected delivery time. If the order is shipped by tracked mail, the Seller also undertakes to provide the Buyer with the tracking number. The Products ordered are shipped and delivered at the Seller’s expense and risk.
9.12 In this case, the Seller authorizes EPAM, in its name and on its behalf, to open an account with the institution chosen by EPAM and/or any other financial partner offering equivalent services that may be substituted for it.
The parties agree that this account will be used solely for the purpose of executing these General Terms and Conditions in the event that the Buyer chooses to pay for its Products through the secure payment solution set up by EPAM and in accordance with its stipulations.
The Seller expressly waives its right to claim the benefit of any sums (interest or other) that may be generated by the immobilization of amounts received in connection with the order and the execution of the sale. The mandate is limited to the collection of the sums received in the name and on behalf of the Seller.
ARTICLE 10: REFUNDS POLICY
10.1 Complaints, exercises of the right of withdrawal and requests for refunds made by the Buyer must be addressed to the Seller and will be handled directly between the Buyer and the Seller with or without the intervention of EPAM at any time if necessary and/or requested. It is up to the Buyer and the Seller to reach an agreement. The Buyer and the Seller will each be able to follow the procedure in their respective accounts and will have an alert system in their order tracking and may contact EPAM at any time.
10.2 The Buyer and the Seller shall use their best endeavors to resolve the claim. The final decision to refund the Buyer rests with EPAM. However, if the Seller refuses to satisfy a claim, withdrawal, cancellation or return request made by the Buyer or does not process such claim or request within 48 hours of the claim or request, EPAM reserves the right to investigate the Buyer’s claim or request and, in the event of refusal or improper failure to do so by the Seller, to refund the Buyer the amount of the order concerned. This amount will be re-invoiced to the Seller and collected in accordance with the conditions set out in Article 8.3
10.3 In case of a complaint and until the dispute is resolved, EPAM reserves the right to temporarily block the Seller’s Virtual Wallet. In case of repeated complaints against the same Seller or a high cancellation rate from the same Buyer, EPAM also reserves the right to temporarily block the Virtual Wallet of the Member concerned, to temporarily or permanently suspend and/or to close the account of the Member concerned.
10.4 In the event of a complaint related to a non-compliant Product or the exercise of the right of withdrawal, the Buyer undertakes to return the Product to the Seller. In particular, the Buyer undertakes to pack the Product properly and to take all the usual precautions for its transport.
10.5 The Buyer who has paid for a Product by credit card, PayPal, or mobile money via the platform’s secure payment system will be reimbursed directly, pending the effectiveness of the Virtual Wallet. In case of refund on his Virtual Wallet, the Buyer may use his Virtual Wallet to make other purchases on the Platform or at any time request to transfer the amount thus credited to his Virtual Wallet on the bank account of his choice or be paid on mobile money or PayPal.
ARTICLE 11: PERSONAL DATA
11.1 The information requested when registering on the site is necessary and obligatory for the creation of the User’s account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
11.2 The site ensures that the User’s personal information is collected and processed with respect for privacy in accordance with Law No. 010-2004/AN of 20 April 2004 (Burkina Faso) on the protection of personal data.
11.3 Pursuant to Articles 16 and 17 of the aforementioned law, the User has the right to access, rectify, delete and object to his/her personal data. The User exercises this right via :
- his personal space;
- a contact form;
- by e-mail to contact@panafricanemarket.com;
- by post to S/C 10 BP: 354 OUAGADOUGOU 1O.
ARTICLE 12: LIABILITY AND FORCE MAJEURE
12.1 The sources of the information published on the site are deemed reliable. However, the site reserves the right not to guarantee the reliability of the sources. The information given on the site is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site.
12.2 The User shall ensure that his/her password is kept secret. The password is personal and any disclosure of the password, in whatever form, is prohibited. The User assumes all risks related to the use of his/her login and password. The site declines all responsibility in this regard.
12.3 Any use of the service by the User which directly or indirectly results in damage must be compensated by the site.
12.4 The site does not guarantee optimal security and confidentiality of transmitted data. However, the site undertakes to use all necessary means to guarantee the security and confidentiality of the data as best as possible.
12.5 The Platform cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 13: HYPERTEXT LINKS
13.1 Many outbound hypertext links are present on the site, however the web pages where these links lead do not engage the responsibility of Pan African Emarket which has no control over these links.
13.2 The User therefore accepts no responsibility or liability for the content and resources of these outbound links.
ARTICLE 14: EVOLUTION OF THE CONTRACT
14.1 Le site se réserve le droit de modifier à tout moment les clauses stipulées dans le présent contrat.
ARTICLE 15 : DURÉE
15.1 La durée de ce contrat est indéterminée. Le contrat produit ses effets à l’égard de l’Utilisateur à compter de l’utilisation du service.
ARTICLE 16 : LOI APPLICABLE ET JURIDICTION
16.1 Les présentes conditions générales sont régies par les lois du Burkina Faso et toute contestation ou litige qui pourrait naître de l’interprétation ou de l’exécution des présentes conditions générales seront soumises à la compétence exclusive des tribunaux du siège social de Pan African Emarket ( EPAM).
16.2 La langue de référence pour le règlement des litiges éventuels est le français.