Terms of sales
GENERAL CONDITIONS OF SALE EURAAF SARL :
1. Acceptance of the General Terms and Conditions
These current General Conditions of sale apply exclusively to all contractual relations between EURAAF sarl, Av Action N° 19C , Kinshasa / Gombe (RDC) (referred to hereinafter as “Us”) and the client.
The General Terms and Conditions or other special conditions of the client shall not be binding. The conclusion of any contract between the client and us shall automatically lead to the acceptance of the present Terms and Conditions by the client. Only the special conditions mentioned in the contract or on the purchase order of our site or any special conditions agreed upon in writing between the parties may derogate from this.
As the context requires and unless otherwise stipulated, the term “client” or “you” within these terms and conditions must be interpreted as also meaning any buyer, prospect buyer, partner or contractor; the term “Contract” as an offer, quote, order, sales contract or any other contract between parties; the term “Product (s)” as all items, services or accessories that have been designed, manufactured and/or marketed by us; and “Our Site” any website placed online by us to promote and/or market the Products.
By clicking on the box labelled “I agree with the general terms and conditions” during your online ordering procedure on our site, or by signing or sending an order form through other means of communication (e-mail, fax, post, etc.), you expressly declare to have fully understood our General Conditions of sale (hereafter referred to as the “General Terms and Conditions”) and you fully declare to having read, understood and accepted them in full. Only these General Terms and Conditions , as well as other terms and conditions referred to by these or mentioned on the order form apply here.
These General Terms and Conditions shall also be automatically sent to you by email together with the order confirmation.
2. Order
The order shall be considered effective and shall not be binding until the order form has been filled in correctly, confirmed by us, and we have received the full amount of the price on our bank account, except if it has been agreed otherwise between the parties.
3. Order Process on our website
In able to order, you first have to fully complete the identification sheet on the page “Create an account” on our site www.theafricanfamily.com or www.lafamilleafricaine.com . You shall be given a password which will allow you to place further orders in the future.
If you wish to order, you must select the various products that you wish to purchase as well as indicate their quantity, then click on the “Add to my order” button.
At any time you may:
- view the history of the selected items by clicking on “ View your cart”;
- amend any mistakes made during the data processing of your order by clicking on “Return”; however amendments cannot be made once you have clicked on the “Place Order” button;
- end you Product selection and order these Products by clicking on “Place Order”.
As soon as you have clicked on the “Confirm my Order” button the order shall be final and non changeable. You shall be bound as of then.
We shall then send you an overview of the order by email, which shall include the list of items ordered, their price and the current general terms and conditions.
You shall receive an invoice with the delivery of the Products.
4. Prices and payment methods
Prices exclude VAT, transportation costs, packaging and all other costs or fees that are not specifically stipulated on the order or on our Site.
The VAT amount is clearly indicated on the Site.
As soon as the order is placed 100% of the amount must be paid.
Payments can be made by Paypal or Visa, Mastercard, American Express, when the payment option is available on our Site. We are under no obligation and shall not accept any responsibility when payment cannot be made with these options.
Items shall be shipped only after the amount owed has been placed on our account.
Any claims against invoices must be made by motivated, registered mail within the eight (8) calendar days from the date issued on the invoice at stake. After this timeframe, claims may no longer be submitted and the invoice shall be considered as agreed upon.
5. Possibility or not of returning your order
Only a consumer (meaning a person ordering for personal uses) may return his/her order, at any moment until the 14th day after reception of the package at the latest, without even having to justify the reason for doing so.
This right to return is only possible when the packaging of the Products delivered has not been opened or damaged.
You may notify us of your wish to return by email at info@theafricanfamily.com or by registered mail at the address in Article 1 of the current General Terms and Conditions.
Your right to return is based on the condition that you return the items in question as quickly as possible and at your own costs, and this within a timeframe of maximum 3 working days as of the sending of the email or registered letter that informs of the return. We shall reimburse the amount at stake as soon as we have received the returned Products. Past the 3 day time limit we shall no longer accept the delivered products nor shall we reimburse them.
We also reserve the right to refuse to reimburse the returned Products if they have been opened and/or are incomplete or damaged, even if this happened during transportation.
6. Ownership
In the case that we allow a delay in the payment of the amount, Product ownership shall only be yours once the full amount has been paid, even when the Products have already been delivered to you. In no way are you allowed to do as you wish with them, you may not open them, change them, resell them, nor use them, nor give them to a third party until full payment of all due amounts has been met.
In the case of non-payment of the full amount we are entitled to use our ownership rights and you will have to allow us to take the products back without undue difficulty and at your own costs.
7. Delivery
Orders shall be delivered at the latest within 8 (eight) working days after we have received payment of the full amount.
However, the time frame to carry out our duties may be prolonged especially due to unavailable stocks, constraints or hindrances beyond our control (illness of a key member of our team, computer virus, etc.), delays or non-execution of duties by our suppliers and subcontractors, postal or transportation delays or strikes, holiday days, situations of force majeure (fire, accidents, natural disaster, etc.).
You are in no way allowed to refuse the Products, to ask for compensation money or cancellation of the order due to delivery delay that we are not responsible for, or for any reasonable delay when we are responsible, except in the case of circumstances agreed upon by us, in which case we shall provide you with a purchase voucher.
Unless other arrangements were agreed upon between you and us, the Products shall be delivered to the address and within the time frame as stipulated on the order form and delivered by regular postal services or by courier. The time frame signalled by these services are merely indicative and we cannot be held responsible for any possible delays.
Transportation and delivery of the Products are at your own risk. Any damage during delivery or transportation needs to be reported in writing on the delivery note and reported by mail to our address for our records. But in no way shall these damages be considered as our responsibility or covered by the warrantee.
If you are absent when the postman or courier comes by to the delivery address and if you do not collect your package during the time frame indicated by the postal services or courier, reshipping costs will have to be incurred by you before any new shipment.
If previous orders have not been fully paid, we reserve the right to refuse your order, without any compensation to you.
8. Claims and warrantees
Products are manufactured in line with Belgian norms and standards as well as those set out by the European Union and according to the specifications set out within the order.
We reserve the right to change certain aspects of the Products without notice or agreement on our behalf, as long as their quality and performance are not diminished.
As soon as you receive the Products, you must immediately check that they correspond to those on your order, that they are not damaged and are free of defects.
Claims need to reach us within 14 calendar days at the latest as of the delivery date, by email to the address info@theafricanfamily.com or at Euraaf sarl, Av Action N° 19C, Kinshasa / Gombe (RDC)
If a defect is detected at a later stage and could not be recorded within the 14 days after delivery, you can use the Product warranty over a period of two years starting from the date of the order, by contacting us at the same contact data as stated in the previous paragraph.
In all cases, problems that have been detected must be described in detail and when possible accompanied by a picture or several pictures.
All external causes are excluded from the warranty, such as wear and tear, improper use or handling, transportation or any other inappropriate action intentional or not, caused by you or any third party.
Returns or recoveries can only be made with our prior approval by phone or by mail. Packaging and transportation fees for return and reshipping are at your cost.
Our responsibility, when recognised as such, is strictly limited either to the exchange of non-compliant Products or the reimbursement of such Products with a credit linked note. We shall process such files as quickly as possible, during office hours.
9. Liability disclaimer
9.1 About the information on our Site: all texts, information, videos and photos available on our Site are purely informational. They are neither contractual and nor are we liable for them. They are neither complete nor comprehensive.
9.2 About the products: we are in no case responsible in any way for any defects caused by usage, handling or storage of the Products. Any issue or accident that may incur is therefore under your sole and entire responsibility.
9.3 About the use of our Site: we are not responsible, in any way, or in any form that may be, of any consequences due to the use of our Site, in particular:
- the entry of a computer virus that has spread through the web based network;
- damage caused by computer piracy or hackers;
-downloading onto our site or as of our site files that damage your computer equipment or that generate a loss of data on your behalf;
- partial or total interruption, on a temporary or definitive level, of access to the Site, of Product availability and of the functioning of our Site;
-navigational problems, glitches or poor functioning of our Site;
-any information found on other sites that would have created a hypertext link to our Site;
9.4. Limitation of liability if incurred: in the case of our liability being nevertheless incurred, we shall only be held responsible for direct damages resulting exclusively from gross and intentional fault, to the exclusion of all other damages such as shortfalls, rise in general costs, disrupted planning, loss of business, customers or anticipated savings or of any other indirect damages or losses.
The total amount of damages for which we can be held legally accountable cannot exceed 250 EUR.
10. Client reference
Should the client be a commercial business or institution (and not a natural person), we are authorized to quote your name as a reference on any supporting material it deems appropriate (brochure, website, stand, poster, etc.), as well as any photographs of you and general and public information about you.
11. Personal data and privacy protection
You expressly agree that the personal information you provide (linked to a natural person) on the order form of our Site or that you transmit to us when you are in contact with us (by phone, email or fax, etc.) is used to handle your orders and to enhance and to personalise communication by newsletters or by emails that you have expressly confirmed that you wish to receive. We shall not use your personal data for purposes other than those stipulated in this paragraph.
Unless you otherwise consent, we shall never communicate nor disclose your personal data to a third party, with the exception of:
- companies or people who carry out, on our behalf or independently, certain transactions such as the processing of payments by bank card, or the logistics and or the transportation of the Products;
- our trading partners thanks to which you could be able to benefit from interesting advantages;
- the company or person that would acquire our business assets, fully or in part;
- legal authorities that would demand access to your personal data.
Your data and other information are kept by us and are accessible to you at any moment, free of charge, by simple request and without providing a reason to do so, at the address and details mentioned in article 1 of the current General Terms and Conditions. You retain the right to change, amend or delete your personal data on our database, as well as put an immediate stop to the receiving of emails or other communications from us.
12. Cookies
Our site uses cookies. A cookie is a data file that is stored on your computer’s hard disk. It aims to report a previous visit on our Site. Cookies are used, amongst others, to help customize our services and offers. You retain the right to refuse cookies by configuring your internet browser.
13. Newsletters
By clicking on the “I accept to receive The African Family newsletters” box you expressly accept to receive these in your email inbox on a regular basis. We agree not to send more than one newsletter a month.
Each newsletter shall provide a URL link that allows you to cancel your subscription so that you shall no longer receive any more newsletters. Cancelling your subscription is free of charge and happens immediately.
14. Intellectual Property Rights
All information available or released on our site or printed on our Products remains our exclusive property (concepts, methods, content, texts, data, articles, files, iconographic representations, drawings or original pictures, photographs, videos, diagrams, teaching materials, etc.), as well as the brands, trademarks, domain names, logos, etc. that are connected to us or connected to our Products.
You may not in any manner copy or photocopy the above, nor counterfeit, imitate or commercialise, assign, disclose, reproduce, publish on any platform whatsoever, nor modify, decompile, alter the trademark, translate, exploit, in any manner whatsoever and by whomever, even partially.
However you are allowed to create surface links, without prior request on our behalf, that return you to the home page of our Site or any other page of our Site. On the other hand, you will need our written and prior approval to resort to techniques that wish to include our website in full or in part that masks even partially the exact origin of the information or that generates confusion as to the origin of the information, such as framing, or in-lining.
If you fail to comply to this requirement we shall take legal action against you.
15. Applicable law and Competent Court
The contract and the current General Terms and Conditions are governed by Belgian Law.
Both parties agree that they shall always seek to resolve any disputes that arise through friendly consultation.
In cases where friendly consultation has not taken place within the month after the dispute, the parties shall refer to the BMediation rules (www.bemediation.be) for any disputes that arise directly or indirectly from the contract. Mediation must take place at Nivelles and procedures shall be carried out in French.
If you are a customer you may prefer and demand the right to resort to the Customer Mediation Service (http://www.mediationconsommateur.be/fr)/
If no agreement is reached through mediation, and when both parties agree to give up on mediation, any disputes that arise from the implementation and/or interpretation of the contract must be referred to the courts of Nivelles, which have exclusive jurisdiction.
16. Survival of obligations
Obligations that relate to customer references, intellectual property rights and the limitation of liabilities shall survive any cancellation, termination or suspension of any Contract between the Parties.