Terms & Conditions

Introduction

ECART SERVICES IVORY COAST SARL ("Goa" or "we" or "Our") operates an electronic commerce platform consisting of a website and a mobile application (hereinafter referred to as "Marketplace"), as well as a logistics and payment service infrastructure, for the sale and purchase of various consumer products in the Ivory Coast ("Territory"). These Terms and Conditions apply to buyers and sellers on the Marketplace and govern their use of the Marketplace and all associated services.
By using our Marketplace, you accept these terms and conditions in their entirety. If you do not agree with these terms and conditions or any part of these terms and conditions, then you must not use our Marketplace. If you use our Marketplace as part of a business or other commercial project, you:

• Confirm that you have obtained the necessary authorization to accept these terms and conditions;
• you and the person, company or any other legal entity that operates this business or business project to comply with these terms and conditions;
• and agree that the term "you" used in these terms and conditions refers to both the individual user and the person, company or legal entity concerned, unless the context indicates otherwise.

Registration and account

You cannot register on our Marketplace if you are under 18 (by using our Marketplace or by agreeing to these terms and conditions you warrant and represent to us that you are at least 18 years old).

You can register for an account on our Marketplace by completing and submitting the registration form available on our Marketplace.

You represent and warrant that all information provided in the registration form is complete and correct.

If you register for an account on our Marketplace, you will be asked to provide an email address / ID (username) and password, and you agree to: keep your password confidential password; notify us immediately in writing (using our contact details provided in section 23 below), if you become aware of any disclosure of your password; and be responsible for any activity on our Marketplace resulting from a breach of the confidentiality of your password, and that you may be held liable for any loss resulting from such breach.

Your account must be used exclusively by you and you must not transfer your account to a third party under any circumstances. If you authorize a third party to manage your account on your behalf, this will be done at your own risk.

We may suspend or cancel your account, and / or change your account details, at any time in our sole discretion and without notice or explanation, provided that if we cancel any products or services that you already have paid but you have not yet received, and provided that you have not violated these terms and conditions, we will reimburse you for the amount you have paid.

You can unsubscribe and delete your account on our Marketplace at any time by contacting us using the contact details given in section 23 below.

Terms of Sales

You acknowledge and agree that :

Our Marketplace provides an online meeting place and transaction facilitation for sellers to list and sell their products on our Marketplace, and for buyers to purchase the products offered by sellers; we accept and arrange to facilitate transactions and finalization of sales on our Marketplace, on behalf of sellers, however, GOA OUTLETS is not a party to the transaction between seller and buyer. Accordingly, a contract of sale is formed only between the buyer and the seller and GOA OUTLETS does not assume any liability arising from this contract of sale; and a contract for the sale and purchase of one or more products will enter into force between the buyer and the seller, and accordingly you agree to buy or sell the product (s) concerned, upon confirmation of purchase by the buyer through our Marketplace.

Subject to these general conditions, the seller's trade conditions govern the contract of sale and purchase between the buyer and the seller. Notwithstanding the foregoing, the following provisions will be incorporated in the sale and purchase contract between the buyer and the seller: the price of any product will be that indicated in the list and description of the product concerned.

The price of any product must include all taxes and comply with the applicable laws in force in the Territory.

Shipping costs, packaging costs, handling costs, administrative costs, insurance costs, other incidental costs and charges will be borne by the buyer only if this is expressly and clearly indicated in the list and description of the products concerned;

The products concerned must be of good quality, suitable and safe for any use specified in the description of the products and comply with all material aspects, as well as any other description of the products supplied or made available to the purchaser by the seller;

And the seller warrants that he holds title to and is the sole legal owner and beneficiary of the products he sells and such products are not subject to any third party rights or restrictions or prohibitions, including as regards concerns intellectual property rights and / or any criminal, insolvency or tax investigation or proceeding.

Returns and Refunds

Product returns by buyers and acceptance of returned products by sellers will be handled by us in accordance with the terms set out on the "returns page" available on our Marketplace, which may change from time to time. Acceptance of returns will be at our discretion, subject to compliance with applicable laws in the Territory.

Refunds for returned products will be handled in accordance with the terms set out on the “Refunds page” available on our Marketplace, which may change from time to time. Our refund rules will be exercised at our discretion, subject to compliance with applicable laws in the Territory. We may offer refunds, at our discretion: with respect to the price of the product affected by the refund;

Local and / or international shipping costs (as shown on the refunds page on our Marketplace);

And by means of in-store credits, wallet refunds, vouchers, money transfer via mobile, bank transfers or any other means we can determine from from time to time.

Returned products will be accepted and refunds will be made by GOA OUTLETS, for and on behalf of the seller.

The changes made to our "returns page" or to the "refunds page" available on our Marketplace, will be effective and will apply to all purchases made from the date of publication of said change on our website.

Payments

You must make payments due under these terms and conditions in accordance with the Payment Information and Guidelines available on our Marketplace.

Rules regarding your content

In these general conditions, "your content" means: all items, works and materials (including, without limitation, text, graphics, images, audio material, video material, audiovisual material, scripts, software and files) that you give us submit to us or our Marketplace for storage or publication, processing or further transmission; and all communications on our Marketplace, including product reviews, remarks and comments. Your content and the use of your content by us, in accordance with these terms and conditions, must be accurate, complete and genuine. Your content should be appropriate, civil, and tasteful, and conform to generally accepted standards of ethics and behavior on the Internet, and should not: be offensive, obscene, indecent, pornographic, suggestive or sexually explicit; portray violence explicitly, graphically or gratuitously; Or be blasphemous, in violation of the laws on racial or religious hatred or discrimination; be deceptive, fraudulent, threatening, abusive, harassing, anti-social, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or unnecessary anxiety to anyone; or constitutes spam. Your content must not be illegal or unlawful, infringe any person's legal rights, or be liable to give rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or violate: any copyright, moral rights, database rights, trademark rights, design rights for designs and models, substitution rights or any other intellectual property rights; any right of confidentiality, right to privacy or right under data protection law; any contractual obligation owed to any person; or any court order and judicial decision. You must not use our Marketplace to link to any website or web page consisting of or containing any item or content which, if displayed on our Marketplace, would violate the provisions of these terms and conditions. You must not submit to our Marketplace any material or content that is or has ever been the subject of threats or actual legal proceedings or any other similar complaint. The feature that allows users on our Marketplace to provide feedback and reviews can be used to facilitate buyers' ratings of products. You must not use this feature or any other form of communication to provide inaccurate, inauthentic or false reviews and / or opinions. You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on our Marketplace outside of our Marketplace; or (ii) contact a user involved in an active or completed transaction to alert them to avoid a particular buyer, seller or item; or (iii) contact another user with the intention of collecting payments. You acknowledge that all users of our Marketplace are solely responsible for interactions with other users and you should exercise caution and good judgment in your communication with users. You should not send them any personal information, including your credit card details and any payment method. We may periodically review your content and we reserve the right to remove any content at our discretion for any reason. If you become aware of any illegal and unlawful element, content or activity on our Marketplace, or of any element, content or activity that violates these terms and conditions, you can notify us by contacting us at the contact details defined in section 23 below. below.

Our rights to use your content

You grant us a worldwide, irrevocable, non-exclusive, royalty-free license of the rights of use, reproduction, storage, adaptation, publication, translation and distribution of your content on our sales and marketing channels and any other existing or future medium. You grant us the right to sub-license the rights granted under section 7.1. You grant us the right to bring an action for infringement of the rights granted under section 7.1. You hereby waive all of your moral rights over your content to the extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. Without prejudice to our other rights under these terms and conditions, if you violate our content policies in any way, or if we reasonably suspect that you have violated our content policies, we may remove, cancel the posting. or modify all or part of your content.

Use of the website and mobile applications

In this section 8, the words "Marketplace" and "website" are to be used interchangeably to refer to GOA OUTLETS websites and mobile applications.
You can:

Display the pages of our website in a web browser;
Download pages from our website for caching in a web browser;
Print pages from our website for your personal, non-commercial use, provided that such printing is not systematic or excessive;
Stream audio and video files from our website using our website media player;
And use our Marketplace services by means of a web browser, subject to compliance with the other provisions of these terms and conditions.

Except as expressly permitted by section 8.2 or other provisions of these terms and conditions, you must not download any material from our website or save any such material on your computer. You may only use our website for personal and business purposes to sell or buy products on our Marketplace. Except as expressly permitted by these terms and conditions, you must not edit or modify in any way any material or content on our website.

Unless you own or control real and relevant rights to the material or content in question, you must not: republish content or material from our website (including reposting on another website); sell, rent or sublicense any content or material from our website; show any material or content from our website in public; exploit the material or content of our website for commercial purposes; Where redistribute material or content from our website.

Notwithstanding section 8.6, you may transmit links to products on our website and redistribute our newsletter and promotional material in print and electronic form to any person. We reserve the right to suspend or restrict access to our website, certain parts of our website and / or the functionality of our website. We may, for example, suspend access to the website during server maintenance or when updating the website. You must not circumvent, or attempt to circumvent, any measures restricting access to the website.

You must not: use our website in any way or take any action that causes or may cause damage to the website or impair the performance, availability, accessibility, integrity or security of the website ; use our website in an unethical, unlawful, unlawful, fraudulent or harmful manner, or in connection with an illegal, unlawful, fraudulent or harmful purpose or activity; hack or otherwise alter our website; probe, scan or test the vulnerability of our website without our permission; bypass any authentication or security system or process on or in connection with our website;

use our website to copy, store, host, transmit, send, use, publish or distribute any material or content consisting of (or related to) any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or any other malicious computer software; impose an unreasonably high load on our website resources (including bandwidth, storage capacity and processing capacity); decrypt or decrypt any communication sent through or to our website without our permission; conduct systematic or automated data collection activities (including, without limitation, scratching, data mining, data mining and data collection) on or in connection with our website without our express written consent ; access or otherwise interact with our website using any robot, spider or other automated means, except for search engine indexing purposes;

use our website except through our public interfaces; violate the guidelines set out in our website's robots.txt file; use the data collected on our website for any direct marketing activity (including, without limitation, email marketing, SMS marketing, telemarketing and direct mail); Where do anything that interferes with the normal use of our website.

Intellectual property (Copyright) and trademarks

Subject to the express provisions of these general conditions: we, together with our licensors, own and control all copyright and other intellectual property rights in our website and in the material and any content on our website; and all copyrights and other intellectual property rights in our website as well as the material and content on our website are reserved. The GOA OUTLETS logos and our other registered and unregistered trademarks are trademarks owned by us; we do not grant any permission for the use of these marks, and such use may violate our rights. Trademarks or service marks registered and unregistered by third parties on our website are the property of their respective owners and we do not endorse or affiliate with any of the holders of such rights and as such we do not may grant no license to exercise such rights.

Data protection

Buyers agree to the processing of their personal data in accordance with the terms of the GOA OUTLETS Privacy and Data Protection Policy, and GOA OUTLETS Cookie Notice, available on our Marketplace. GOA OUTLETS will process all personal data obtained through the Marketplace and related services in accordance with the terms of our Privacy and Data Protection Policy and Cookie Notice. Sellers are directly responsible to buyers for any misuse of their personal data and GOA OUTLETS assumes no responsibility to buyers for any misuse of their personal data by sellers.

Reasonable control and audit rights

We have an anti-money laundering compliance program in place and we reserve the right to perform due diligence checks on all users of our Marketplace. You agree to provide us with all the information, documents and access to your business premises that we may need: to verify your membership and the performance of your obligations under this Agreement; for disclosure purposes, under a valid order of a court or other government agency; or to the extent required by applicable law or regulation.

GOA's role as a Marketplace

You acknowledge that:

we do not confirm the identity of all users of our Marketplace, we do not verify their creditworthiness or good faith, and in any case, we do not control them; we do not verify, we do not audit and we do not control all the information contained in the listings and descriptions of the products sold on our Marketplace; We are not party to any contract for the sale or purchase of products listed on the Marketplace, as our role is to facilitate transactions between buyers and sellers. Therefore, we do not assume any liability arising from any such contract of sale and we are neither the agent nor the agent of the sellers and the latter are responsible for the sales of the products and the claims or any other problem arising or related to the sales contract between them and the buyers; we are not involved in any transaction between a buyer and a seller in any way, except that we facilitate Marketplace transactions for buyers and sellers and process payments and where applicable delivery on behalf of sellers; we are not the agents or mandataries of buyers or sellers, and accordingly, we will not be liable to any person in connection with the offering for sale, sale or purchase of any product advertised and listed on our Marketplace ; furthermore, we are not responsible for the performance of any contractual obligations arising out of a contract for the sale or purchase of any product and we will have no obligation to mediate between the parties to such a contract.

We do not guarantee or represent:

the completeness or accuracy of the information published on our Marketplace; that any information, element or content published on our Marketplace is up to date; that our Marketplace will function without fault or error at all times; Where that our Marketplace or any service on our Marketplace will remain available at all times.

We reserve the right to interrupt, discontinue or modify all or part of our services available on our Marketplace, and to stop posting on our Marketplace, at any time in our sole discretion, without notice or explanation; and you will not be entitled to any compensation or other payment in the event of an interruption, discontinuity, modification or alteration of services on the Marketplace, or if we stop publishing the Marketplace. We do not guarantee any commercial results regarding the use of our Marketplace.

Dans la mesure maximale autorisée par la loi applicable et sous réserve de la section 13.1 ci-dessous, nous excluons toutes les déclarations et garanties relatives à l'objet des présentes conditions générales, de notre Marketplace et de l'utilisation de notre Marketplace.