Terms and conditions of use
Rule N°1 - Application
The online shop www.african-artwork.com has been created by the group Art D'Afrique, the operator of this site.
Any order under a product appearing in the online store www.african-artwork.com implies the previous acceptance of the present condition of sales.
Consequently, the customer recognizes to be informed perfectly of this agreement concerning the content of the present condition of sales, since it doesn't require the handwritten signature, insofar as the client wishes to order online the products presented in this webstore.
The present condition of sales expresses the entirety of the obligations of the parts. In this sense, the client is reputed to accept without reserve the entirety of arrangements foreseen in these conditions of sales. www.african-artwork.com for its part undertakes to respect its role as dealer under the said conditions.
Rule N°2 - Validity of the order
2.1 - Art D'Afrique puts at the disposal of the purchaser the essential features of the articles proposed. Orders placed on www.african-artwork.comare recorded upon confirmation of the order by the purchaser.
2.2 - The order is confirmed to the purchaser and an order number is communicated to him. This formless confirmation implies that the purchaser's order has been taken in account by Art D'Afrique.
2.3 - Some orders (e.g. special orders, personal information missing or non compliant) must make the object of control on behalf of our verification’s service. You will be in this case warned by mail of the justifying documents needed in order to get the definitive validation of your order. Art D'Afrique reserves the right to cancel the order in case of non receipt of justifying documents or of receipt of documents judged non compliant.
2.4 - Art D'Afrique recommends the client to keep a trace paper, by email or on reliable computer support as evidence of order. The computerized records are kept by Art D'Afrique in reasonable conditions of safety and will be considered as proof of the communications, orders and payments between the parties. The storage of the orders and invoices is done on a reliable and lasting support capable to be produced as proof.
Rule N°3 - Modification of the order
The client must to verify exhaustiveness and the conformity of information that he provides to Art D'Afrique. Any modification of order can only be taken in account when it is confirmed in writing by the purchaser before the expedition of the items. In case of modification of the order, the date taken into consideration will be the date of the modification. Art D'Afrique would not be held responsible for possible mistakes of seizure and consequences in terms of delays or misdelivery. In this context, all costs incurred for the return will be borne by the purchaser.
Rule N°4 - Product information
4.1 - Items offered by Art D'Afrique are valid in the limit of the available stocks. Art D'Afrique reserves the right to modify the assortment of the products according to the constraints imposed by the suppliers.
4.2 - The products are conforming to the laws of the country of origin of these existing products and standards in these countries. The photographs, texts and characteristics reproduced and illustrating the products are not contractual. Consequently, the responsibility of Art D'Afrique would not be held liable for errors or omissions in any of these photographs, text or characteristics of goods or in case of changing the characteristics of products by suppliers.
4.3 - Art D'Afrique would not be held for breach of contract in case of shortage or unavailability of the product, by force major, disruption, total or partial strike notably of the postal and middle services of transportation and/or communications, flooding, fire. Art D'Afrique will not be liable for all indirect damages, business interruption, loss of profit, damages or charges that might arise from the purchase of products.
4.4 - Art D'Afrique would not be held for breach of contract in case of shortage or unavailability of the product, by force major, disruption, total or partial strike notably of the postal and middle services of transportation and/or communications, flooding, fire. We remind you that it is prudent to back up data contained in the products purchased. Art D'Afrique would not be responsible for any loss of data, files or damages defined in the preceding paragraph.
4.5 - Some hypertext links can send back to other websites than www.african-artwork.com. Art D'Afrique clears all responsibility in case the content of these sites would contravene the laws and regulations.
4.6 - Our products are compatible with professional uses even though Art D'Afrique doesn't have vocation to sell to professionals. Art D'Afrique won't be able to see their committed responsibility consequently for all prejudice whatever it is resulting of a professional activity.
4.7 - Art D'Afrique guarantees the purchaser under latent defects affecting the products delivered, as part of a replacement of defective products or parts making them unfit for use, or reimbursement without being considered by purchaser to be responsible for any harmful consequences that these latent defects could have resulted.
Rule N°5 - Price
The items are supplied at prices prevailing at the time of order placement. Prices are quoted in Dollar, Euro and Pound all taxes (VAT), excluding postage. Delivery charges are charged to the Buyer according to the tariff in effect at the date of placing the order. Art D'Afrique reserves the right to change prices at any time, but items will be charged on the basis of rates in effect at the time of order placement. Full payment must be made when ordering, unless specific offer shown on the website. At no time, the payments can not be considered as a deposit or installments.
Rule N°6 - Payment
6.1 - The purchaser's invoice is established by Art D'Afrique and inserted into the package containing the items ordered.
6.2 - The payment can be made by Western Union, MoneyGram, by check, by bank transfer, by credit card or pay on delivery. The encashment of the check is achieved, unless otherwise agreed with the purchaser, upon receipt.
6.3 - The periods of availability as shipping are recomputed from the date of receipt of the payment.
6.4 - The checks are cashed upon validation of the order. The consumer guarantees to Art D'Afrique that he has the required permission to use the method of payment chosen by him when confirming the order.
6.5 - Art D'Afrique reserves the right to suspend any order management and delivery in case of refusal to authorize payment by any means of payment by certified financial institution or in case of nonpayment.
Art D'Afrique specifically reserves the right to refuse delivery or to deliver an order from a consumer who has not fully paid an order. Art D'Afrique has established a procedure for control orders to ensure no one is using the bank details of another person without his knowledge. However, the consumer is advised that Art D'Afrique can not be held responsible for any embezzlement or fraudulent use of any means of payment that would not have been detected by the verification procedure.
6.6 - As part of the verification of some information concerning the purchaser, he will be asked to address by mail to www.african-artwork.com a copy of a proof of identity as well as a justifying of domicile. The order will only be validated after receipt and verification by our services of the documents. Failing receipt of these documents within 15 days of ordering, the order shall be deemed automatically canceled.
6.7 - Art D'Afrique retain full ownership of the goods sold until full receipt of all amounts owed by the consumer within the order, including fees and taxes.
6.8 - Transfer of ownership of property purchased on www.african-artwork.com by the consumer to a third party, will not be supported by Art D'Afrique. Only the original purchaser of the property can claim access to clauses of these general conditions of sale.
Rule N°7 - Availability of products
The order will be executed at the latest within 7 days from the following day the one where the client's order has been validated definitely (received payment means and procedure of order verification done).
In case of unavailability of the product ordered, especially because of our suppliers, the client will be informed immediately and will be able to cancel the order. The consumer will have the choice either to be refunded on his request within seven days or to exchange items having the same characteristics and equivalent price. If unable to exchange, Art D'Afrique reserves the right to cancel the customer's order and refund the sums paid.
The information on product availability are transmitted by our suppliers, the unavailability of the product does not engage the responsibility of Art D'Afrique or entitlement to damages for the client.
Rule N°8 - Mistakes of delivery or non compliant products
Any anomaly concerning the delivery (damage, missing product in relation to delivery order, damaged package, broken products…) should be indicated imperatively on the delivery order as "handwritten reserves", accompanied by the customer's signature.
The customer should confirm this anomaly by addressing to the carrier and Art of Africa within two (2) business days following the date of delivery a mail with return receipt exposing the so-called complaints. Any claims received after the deadline will be rejected.
The formulation of this complaint to Art D'Afrique may be made by contacting us by email through the contact form on www.african-artwork.com.
The purchaser has the possibility to follow the evolution of the order by contacting Art D'Afrique by mail through the contact form on www.african-artwork.com.
Rule N°9 - Right of withdrawal
Art D'Afrique gives the consumer a delay of withdrawal of 7 calendar days to return, at its expenses, the products do not suit him. This period starts from the date of delivery of the consumer’s order. All returns must be reported prior to the Customer Service on www.african-artwork.com.
Art D'Afrique recommends consumers to wrap the packing of origin of the products because only will be taken the products sent back in their entirety (accessories, drivers, manual, slipcovers etc.), in their packing of origin, the whole to be intact and in perfect condition for resale.
Any product that has been damaged, incomplete, or whose original packaging has been damaged, won't be refunded or exchanged.
Assuming the right withdrawal, the consumer has the choice to ask either a refund of the amount paid (the reverted sum will be to 80% of the original purchase price and the 20% remaining will be paid to the supplier as compensation), either an exchange of the product of the same supplier of an amount equivalent to the sum paid.
Art D'Afrique will make every effort to refund the consumer within 15 days. However, considering the technical character of products sold, this period may be extended to 30 days, in particular when the product needs a verification of Art D'Afrique (these products must be inspected in advance).
Rule N°10 - Products warrantly
The consumer is expressly informed that Art D'Afrique is not the producer of the products featured in the website.
Consequently, in case of damage to a person or property by a defective product, only the liability of the producer of the product may be sought by the consumer on the basis of information on the packaging of said product.
In the case of a defective product, the customer is invited to take contact with the customer service which will indicate the procedure for returning the product. As from its attribution, the defective product must be returned to Art D'Afrique in its original packaging, complete (with manuals, accessories, etc.). All protected by an over pack mentioning a visible number return provided by Art of Africa, the return form is enclosed in the package.
All costs and risks associated to the return of the defective product shall be borne by the purchaser.
Rule N°11 - VAT refund
As part of the relocation of an order or a product to a country other than the country of origin of the product, we remind you that you remain the importer of the products concerned. All customs duties, other local taxes, import duties or State taxes can be paid will not be the responsibility of Art D'Afrique. It comes back to you the whole responsibility to be informed by the local authorities and to assume the load of the declarations and corresponding payments by the authorities and competent organisms of the country concerned.
The responsibility of Art D'Afrique would not know how to be hired in case of non respect of the legislation of the country where the products will be routed by the purchaser. It belongs to the purchaser to verify with local authorities the possibilities of importation or use of products or services that they are planning to ship to ensure that their technical specifications and operating specific manufacturer respect the legislation of the country concerned.
Rule N°12 - Force majeur
No of the two parts won't have failed to its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous case or a force majeur.
Will be considered like fortuitous case or force majeur all facts or irresistible circumstances, outsides to the parts, unforeseeable, unavoidable, independent of the will of the parts and that won't be able to be prevented by these last, in spite of all reasonably possible efforts.
The part touched by such circumstances will inform the other one in the ten working days according to the date to which it will have had knowledge of it.
The two parts will come closer then, within one month, except impossibility due to the case of absolute necessity, to examine the impact of the event and to agree of the conditions in which the execution of the contract will be pursued.
If the case by force major has a length superior than three months, the present condition of sales will be able to be terminated by the injured part.
In an express way, are considered like cases of absolute necessity or fortuitous cases, besides those usually retained by the jurisprudence of the courses and courts:
- The blockage of the means of transportation or supplies, earthquakes, fires, storms, flooding, lightning;
- The cessation of telecommunications networks or difficulties specific to the external telecommunications networks to customers.
Rule N°13 - No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or after a final decision of a competent jurisdiction, the remaining provisions will remain in full force and scope.
Rule N°14 - Dispute
In case of dispute, Art D'Afrique and the purchaser will seek an amicable agreement before any legal action.
Rule N°15 - Applicable law
The parties agree that the contract is subject to special regulation of online selling.