GB
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1. DEFINITIONS
“Client(s)” Xxxxxxx le ou les Internaute(s) naviguant sur le Site et effectuant un achat en ligne de Produit(s) à des fins personnelles ainsi que toute personne réalisant un achat par téléphone auprès de DADA AFRICA proposant ce service.
“Conditions Générales de Vente” Désigne les présentes conditions générales de vente de Produits sur le
Site et par le service de commande par téléphone auprès de DADA AFRICA proposant ce service.
“DADA AFRICA” Désigne xx, autoentrepreneur, immatriculée sous le SIRET 915 054 639 00017, dont le siège social est 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX. Téléphone : +33.619852851; xxxxxxx@XXXXXXXXXX.xxx
“Partie(s)” Désigne alternativement ou collectivement DADA AFRICA et/ou le(s) Client(s).
“Produits” Désigne les T-Shirts et autres produits proposés à la vente sur le Site dans les conditions de l’article 3 ci-après et par le service de commande par téléphone auprès de DADA AFRICA proposant ce service.
“Site” Désigne le site Internet de commerce électronique de DADA AFRICA France accessible par le réseau Internet à l’adresse xxxx://xxx.XXXXXXXXXX.xxx proposant à la vente les Produits.
“Service de commande par téléphone” Désigne le service de commande par téléphone disponible auprès
de DADA AFRICA proposant ce service.
2.PURPOSE - SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of these General Terms and Conditions of Sale is to define, by virtue of the relations they establish on the Site and through the telephone ordering service, the terms and conditions of online or remote sale of Products by DADA AFRICA to Customers, as well as the rights and obligations of the Parties arising from the online sale of Products offered on the Site and remotely through the telephone ordering service. They determine all the steps necessary for the placing of the order and ensure the follow-up of this order between the Parties. By placing an order for a Product on the Site or via the telephone ordering service, the Customer acknowledges having read the General Terms and Conditions of Sale and having accepted them without restriction, this acceptance not being in any way conditional on a handwritten signature by the Customer. Consultation of the Site by the Customer is also governed by the legal notices and the General Conditions of Use of the Site which he accepts without reservation and which are accessible at the following address: LEGAL NOTICES - DADA AFRICA, and by the Privacy Policy which he accepts without reservation and which is accessible at the following address: CONFIDENTIALITY - DADA AFRICA. It is specified that the customer may save or print these General Terms and Conditions of Sale, provided that they are not modified. DADA AFRICA reserves the right to update the General Conditions of Sale at any time. However, it is understood that the General Terms and Conditions of Sale applicable to any order are those accepted by the Customer at the time of validation of his order.
3.
PRODUCTS The Products offered for sale by DADA AFRICA are those that appear on the Site on the day the Customer consults the Site, and those offered for sale via the telephone ordering service on the day the order is placed, and within the limits of available stocks. DADA AFRICA reserves the right to modify the range of Products on sale at any time.
4.PRICES
The prices of the Products are fixed. They are indicated in Euros. The price in force is the one indicated on the Site at the time the order is placed, except for typographical errors. These prices include VAT. They may or may not include delivery costs, which will be specified to the Customer when the order is finally confirmed. The amount of any delivery costs is calculated on a flat-rate basis as described in articles 6.2 and 8 below. The price invoiced to the customer is the price indicated at the time of payment and on the
order confirmation sent by email by DADA AFRICA to the customer. DADA AFRICA reserves the right, which the customer accepts, to modify its prices at any time, without any other formality than posting the modifications on the Site or notifying the customer for the telephone ordering service. However, such modifications shall not affect orders that DADA AFRICA has accepted prior to the entry into force of such modifications, subject to the availability of the Products ordered.
5.RESERVATION OF TITLE
The Products ordered shall remain the property of DADA AFRICA until full payment has been received. However, on the effective date of delivery, the risks (in particular of loss, theft or deterioration) concerning the Products delivered shall be assumed by the Client.
6.ORDERING TERMS
6.1 Ordering on the Site
6.1.1 Navigation within the Site. The Customer may view the various Products offered for sale by DADA AFRICA on the Site. The Customer may browse freely on the various pages of the Site, without being committed to an order.
6.1.2 Registration of the order. To place an order on the Site, the Customer must be of legal age and have legal capacity. In order to place an order, the Customer may log in to his/her account, create an account if he/she does not have one, or simply enter the information required to process the order. Orders will be accepted within the limits of available stocks. To this end, the Customer is informed of the availability of the Product at the time of ordering. If, despite DADA AFRICA's vigilance, one or more Products ordered are no longer available, DADA AFRICA shall inform the Customer by any means (telephone call or e-mail) as soon as possible, find a solution by agreement or refund the price possibly charged for the unavailable Product(s) in the event of unsatisfactory delivery times. If the Customer wishes to place an order, he/she shall select the various Products in which he/she is interested and wishes to purchase, and shall express said interest by clicking on the "ORDER" button and shall specify the desired quantities, if applicable. The Product(s) or Service(s) is/are then added to his "Shopping Cart". After having filled his "Shopping Cart", the Customer clicks on the "CONFIRM ORDER" button and provides his e-mail address, the billing address, the desired delivery address and the information relating to the chosen delivery method, the amount of any delivery charges being specified on this occasion. Once all this information has been duly entered and validated, the price of the Products - as defined in Article 4 hereof - as well as any delivery costs are automatically displayed to access the payment at the next stage, "PAYMENT".
6.1.3 Delivery territory eligible for an order. The Customer may only place an order for Products or Services for delivery in metropolitan France, Corsica, Monaco and Europe exclusively. For orders mentioning another place of delivery, the Customer shall contact DADA AFRICA at +33.619852851 or xxxxxxx@XXXXXXXXXX.xxx. Delivery charges will be applied.
6.1.4 Final validation of the order. The Customer provides the information relating to the chosen method of payment in accordance with the conditions of article 7 of these General Terms and Conditions of Sale. Before proceeding to the "PAYMENT" stage, the Customer has the possibility of : - check the details of their order and its total price; - correct any errors made in entering the data or modify their order by returning to the previous stages or by browsing the Site. By clicking on "FINALLY VALIDATE THIS ORDER", the Customer accepts these General Terms and Conditions of Sale. It is recommended that the Customer save and/or print out the transaction on paper. Upon authorisation of the debit of the customer's bank account by his bank, his "Basket" is directly transmitted to DADA AFRICA. From the moment the Customer confirms his order, he shall not be able to cancel or modify his order. However, upon receipt of the order,
the Customer may exercise his right of withdrawal under the conditions set forth in Article 10 of these General Terms and Conditions of Sale. Following the validation of the payment by the customer, a confirmation of the acceptance of the order shall be sent by e-mail to the customer by DADA AFRICA.
6.1.5 Confirmation of acceptance of the order. The sale shall only be considered final after DADA AFRICA has sent the customer confirmation of acceptance of the order by e-mail. In accordance with the provisions of Article 1126 of the Civil Code, the customer formally accepts the use of electronic mail for the confirmation by DADA AFRICA of the content of its order. This confirmation e-mail shall include all the information communicated by the Customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the Products ordered, delivery times or chosen method of payment). It shall mention the order number assigned to the Client by DADA AFRICA.
6.2 Ordering via the Telephone Ordering Service
DADA AFRICA offers the Telephone Ordering Service, during the opening hours of 9am to 7pm on weekdays and on Saturdays from 9am to 12pm, allowing the Customer to have the goods delivered. The customer is hereby informed and accepts that articles 11 to 19 hereof are applicable to any purchase via the telephone ordering service.
7.PAYMENT
7.1. Payment for orders placed on the Site
7.1.1 Paypal and payment cards. Unless the server is unavailable, the Customer may pay for his order after its final validation on the Site by means of a CB, Visa, Mastercard, American Express payment card or a Paypal account. The Customer will enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram (the last three or four numbers written on the back of the card). Payment is made via the secure server of our partner, PAYPAL, a secure payment operator. This implies that no banking information concerning the Customer passes through the Site. Payment by credit card is therefore perfectly secure. The information relating to payment by card is clearly indicated on the Site, it being specified that if the Customer wishes to obtain further assistance, he may contact DADA AFRICA on
+33.619852851 from Monday to Saturday from 9am to 7pm. DADA AFRICA reserves the right to refuse any order or any delivery in the event of an existing dispute with the Customer, of non-payment in full of a previous order by the Customer, of refusal of authorisation of payment by bank card by banking organisations. The customer guarantees DADA AFRICA that he/she has the necessary authorisations to use the method of payment chosen at the time of validation of the order. In the event of refusal by the bank, the order shall be automatically cancelled and the customer shall be informed by sending an e-mail or via DADA AFRICA. As part of the fight against Internet fraud, information relating to orders is controlled by the payment partner designated by DADA AFRICA: PAYPAL, a secure payment operator. This company is responsible for the storage and automated processing of information relating to each order, including bank card details, in a secure environment. In addition, the Customer is informed and accepts that the information relating to the order (identity, identifier, e-mail address, telephone number, billing address, delivery address, means of payment, etc.) is subject to automated data processing for which PAYPAL is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against fraud. PAYPAL and DADA AFRICA are the recipients of the data relating to the Customer's order. The non-transmission of the data related to the order prevents the transaction from being carried out and analysed. The occurrence of an unpaid order due to fraudulent use of a bank card shall result in the registration of the details relating to the order associated with this unpaid order in a payment incident file implemented by PAYPAL. An irregular declaration or an anomaly may also be subject to specific processing. In general, it is expressly agreed between DADA AFRICA and the Customer that e-mails shall be deemed authentic between the Parties, as well as the automatic recording systems
used by the Customer Relations Department, the PAYPAL company or by the Site, in particular as regards the nature and date of the order. The archiving of data relating to orders is carried out on a reliable and durable medium that can be produced as proof. In the case of payments by Internet, the check will be carried out online with the competent banking institutions and organisations, questioned via the PAYPAL system. PAYPAL will store and automatically process information relating to each order, including credit card details, in a secure environment. In accordance with the French Data Protection Act of 6 January 1978 as amended, as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD), the Customer has, at any time, a right of access, information, rectification, opposition, limitation, portability and deletion of all of his personal data by writing, by mail and providing proof of his identity, and shall contact DADA AFRICA to assert his request. DADA AFRICA shall then contact PAYPAL.
7.2 Payment for Orders via the Telephone Ordering Service.
Once the order has been placed, the Customer may pay for the order by credit card or by Paypal via a link that will be sent to him by e-mail to the address he has provided, enabling him to make his payment on a secure payment platform. The Customer will enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram. Once the payment has been made, the Products are integrated into the delivery process via the delivery service provider. Payments by cheque are accepted but the cheque must be received by DADA AFRICA before shipment. No banking information concerning the Customer shall pass through DADA AFRICA. Payment by credit card is perfectly secure. The information relating to payment by credit card is clearly indicated on the platform, it being specified that if the Customer wishes to obtain additional assistance, he may contact DADA AFRICA from which he makes his purchase. DADA AFRICA reserves the right to refuse any order or any delivery in the event of an existing dispute with the Customer, non-payment in full of a previous order by the Customer, or refusal of authorisation of payment by credit card by banking organisations. The customer guarantees DADA AFRICA that he/she has the necessary authorisations to use the method of payment chosen at the time of validation of the order. In the event of refusal by the bank, the order shall be automatically cancelled and the customer shall be informed by sending an e-mail or via DADA AFRICA.
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8.1 Products ordered via the Site are delivered by DADA AFRICA (La Poste Colissimo) within a maximum of 5 working days. The delivery costs are fixed by Colissimo Contract for France and Europe. In the event of non-delivery or dispute relating to the delivery data (delivery date, delivery against signature, etc.), the customer shall contact DADA AFRICA in order to initiate a complaint procedure. DADA AFRICA may request any information relating to the identity of the Client or the third party beneficiary and proceed with any useful verification on this occasion, and in particular request a handwritten certificate on honour, in order to obtain from the carrier a copy of the transport voucher including the date of the receiver of the parcel and the opening of an investigation.
8.2 The Products may only be delivered to the delivery address indicated by the Customer at the time of ordering. The Customer must therefore ensure that he/she indicates a delivery address that allows the carrier, in the absence of the Customer or the third party beneficiary, either to deliver the parcel in person to an authorised recipient (building caretaker, reception service, etc.), or to leave a notice of pending delivery allowing the Customer or the third party beneficiary to collect the parcel. Deliveries for which the delivery address given on the Site is: - a hotel or other accommodation; - a poste restante; - a post office box; - a non-fixed address or domicile (i.e., without this list being exhaustive, mobile homes, caravans, campsites and other non-fixed domiciles) or in a collective place where an individual address cannot be clearly and durably attributed to an individual or legal entity, are always excluded.
8.3 Delivery of the Products shall take place, after payment of the order amount has been recorded, at the delivery address indicated by the customer. To this end, the latter undertakes to have communicated an exact delivery address to DADA AFRICA.
8.4 Delivery of Products ordered via the Site shall take place on the date or within the period indicated to the Customer by DADA AFRICA and at the latest within thirty (30) days after validation of the order.
8.5 It is understood that Articles 8.2 and 8.3 apply to deliveries of the Telephone Ordering Service.
9.ANOMALIES CONCERNING DELIVERY - COMPLIANCE - LEGAL GUARANTEES
9.1 The Customer must check the external condition of the package and the Products upon delivery and verify that the Products delivered to him correspond to his order. Any anomaly concerning the delivery (damaged packages, missing Products in relation to the DADA AFRICA invoice, late delivery, etc.) shall be noted on the delivery receipt presented by the carrier. The Customer shall also report this anomaly in writing to DADA AFRICA (by mail to the following address DADA AFRICA 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX or by telephone, at +33.619852851 from Monday to Saturday from 9am to 7pm, or by e-mail at the following address: xxxxxxx@XXXXXXXXXX.xxx in order to improve the quality of service that may be offered to him/her and to allow DADA AFRICA to proceed with an investigation of the carrier. For orders placed via the Telephone Ordering Service, the Customer shall report any anomaly concerning the delivery by writing his reservations on the delivery slip and he shall also report it to DADA AFRICA by telephone or e-mail.
9.2 In the event that the Customer has reported a missing Product or a delay in the delivery of the order, an investigation will be opened with the carrier. If at the end of this investigation, the Product or the order is found, it will be redirected to the place of delivery designated in the order form. On the other hand, if at the end of this investigation, the Product ordered or the order is not found, DADA AFRICA shall reimburse the Customer for the totality of the sums paid at the latest within 14 days following the conclusion of the investigation. More generally, in the event of a delay in the delivery of the order of more than thirty (30) days after the Customer has reported it, the Customer may terminate the contract under the conditions of Article L.216 2 of the Consumer Code, and in this respect DADA AFRICA shall reimburse the Customer for all sums paid at the latest within 14 days following the date on which the contract was terminated.
9.3 In the event that the Products delivered via the Site do not conform to the order or if they have any defects, the Customer must :
• inform DADA AFRICA as soon as possible by mail at the following address DADA AFRICA 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX or by telephone, at +33.619852851 from Monday to Saturday from 9am to 7pm, or by e-mail sent to the following address: xxxxxxx@XXXXXXXXXX.xxx indicating the reason for refusing the order and justifying the non-conformity or the defect of the Product(s).
• return the Products in question in their original packaging (or, at the very least, in packaging providing equivalent protection for the said Products during their return transport), if applicable in the original unopened box, in perfect condition, unopened, complete and with the return number obtained by telephone from DADA AFRICA on +33.619852851 from Monday to Saturday from 9am to 7pm, to the following address DADA AFRICA 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX. In the event that the Products delivered via the Telephone Ordering Service do not comply with the order, the Customer must inform DADA AFRICA as soon as possible by telephone or e-mail, providing proof of the non-compliance, and return the Products in question in their original packaging, in perfect condition and complete with the proof of purchase. It is recommended that
the Customer keep all proof of the return of the Product by registered mail (proof of dispatch, tracking number, etc.), or by any other means giving a certain date. With the exception of the above hypotheses, no exchange of Products is authorised. The cost of return shall be borne by DADA AFRICA.
9.4 Notwithstanding the specific commercial warranty conditions that may have been given to the Customer with the delivered Product, DADA AFRICA's Products are subject to the warranty of conformity mentioned in Articles L. 217-4 to L. 217-12 of the French Consumer Code and to the warranty relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. Legal guarantee of conformity Article L. 2174 of the Consumer Code: "The seller delivers goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility". Article L. 217-5 of the Consumer Code: "The goods conform to the contract: 1º If they are fit for the purpose usually expected of similar goods and, where applicable : - if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2º Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him. Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods". Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service. In the context of the legal guarantee of conformity, provided that the Customer's request meets the conditions for the guarantee to apply, the Customer may obtain the repair or replacement of the Product by an identical product (provided that this product is available in stock), at the Customer's choice, unless one of these options entails a disproportionate cost for DADA AFRICA compared to the other possible option, or if the repair or replacement of the Product is not possible, reimbursement of the price of the Product if the Customer returns the Product or of part of the price of the Product if the Customer keeps the Product, excluding any compensation, at the latest within fourteen (14) days following receipt by DADA AFRICA of the returned Product. Guarantee against hidden defects Article 1641 of the Civil Code: "The seller is bound by the guarantee due to hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them. Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect". Within the framework of the legal warranty for hidden defects, provided that the Customer provides proof of the existence of the hidden defect, the Customer may obtain: reimbursement of the price of the Product if the Customer returns the Product, or reimbursement of part of the price of the Product if the Customer retains the Product, to the exclusion of any compensation, at the latest within fourteen (14) days following receipt by DADA AFRICA of the returned Product.
10.RIGHT OF WITHDRAWAL
10.1 In accordance with the provisions of Article L.221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal which he may exercise, without having to justify his reasons, within thirty (30) days from receipt of the Products. The customer must inform DADA AFRICA of its decision to withdraw, within the aforementioned period, by written letter expressing its desire to withdraw to the following address DADA AFRICA 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX or by email to the address: xxxxxxx@XXXXXXXXXX.xxx.
In accordance with Article L.221-28 of the Consumer Code, the Customer may not exercise his right of withdrawal for Products:
• made to the Customer's specifications or clearly personalised;
• which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
10.2 In this context, for Products delivered via the Site, the Customer may return the Products:
• at the latest within thirty (30) days following the communication of its decision to withdraw;
• in their original packaging (or, at least, in packaging that provides equivalent protection for the said Products during their return transport), if applicable in the unopened original box, in perfect condition allowing them to be sold by DADA AFRICA, unopened and complete.
• Accompanied by the return number,
• To the following address DADA AFRICA 00 Xxxxxx Xxxxxx 00000 XXXX XXXXXXXX
For Products delivered via the Telephone Ordering Service, the Customer may return the Products, at the latest within thirty (30) days following the communication of his decision to withdraw, in their original packaging, if applicable in the unopened original box, in perfect condition, unopened and complete.
10.3 Return costs shall be borne by DADA AFRICA. The Customer is recommended to keep any proof of the return of the Product (proof of shipment, tracking number, etc.) or any other means giving a certain date.
10.4 If all of the aforementioned conditions are met, the Customer shall be entitled to a refund of all sums paid for the purchase of the Product(s) in question no later than fourteen (14) days from the date on which DADA AFRICA is informed of the Customer's decision to withdraw, or no later than the date on which DADA AFRICA recovers the Products, or until the Customer has provided proof of shipment of such Products, the date retained being the date of the earliest of these facts in accordance with Article L.221-24 of the Consumer Code. In accordance with Article L221-24 of the French Consumer Code, the refund shall be made using the same means of payment as the one used by the Customer to order the returned Product(s), unless the Customer expressly agrees that DADA AFRICA may use another means of payment. The Customer may contact DADA AFRICA for any additional assistance.
11.LIMITATIONS OF LIABILITY
11.1 While taking the utmost care and accuracy in putting information online, in the descriptions of the Products and in the data available from the Customer Relations Department or on the Site or when placing an order by the telephone ordering service, as well as in updating them regularly, DADA AFRICA shall not be held liable for any non-substantial errors that may occur. Similarly, although the photographs and other reproductions of the Products on the Site faithfully represent them - within the limits of technology and in compliance with the best market standards -, they may nevertheless contain non- substantial errors, which the Customer acknowledges and accepts. In any event, in the event of non- conformity of the Product delivered in relation to its description, the Customer has the possibility of exercising his/her right of withdrawal and/or returning the Product(s), under the conditions of articles 9 and 10 of these General Terms of Sale.
11.2 DADA AFRICA shall not be liable for:
• interruptions or delays on the Site or the Telephone Ordering Service due to maintenance work, technical breakdowns, force majeure, third parties or any other circumstances beyond its control;
• the impossibility for the customer to contact DADA AFRICA and/or to temporarily access the Site or the telephone order service, due to events beyond the customer's control, such as: computer breakdowns, interruptions of the telephone network, the Internet network, failure of the equipment for receiving the said Internet network, etc.
11.3 DADA AFRICA does not warrant that the Site or the Telephone Ordering Service will be available continuously, without temporary interruption, suspension or error.
11.4 The Customer remains the sole judge of the appropriateness and suitability of the Products he/she orders for his/her needs and consumption.
11.5 DADA AFRICA shall not be held liable for any use of the Products that does not comply with their intended purpose.
11.6 DADA AFRICA shall not be liable for
(i) the loss, alteration or fraudulent access to the Customer's personal data,
(ii) accidental transmission, viruses or other harmful elements, resulting from Internet access or e-mail transmissions.
11.7 Without limiting the scope of the other provisions of the General Terms and Conditions of Sale, DADA AFRICA's liability shall only be accepted in the event of a proven fault attributable to it. In any event, it shall be limited to direct damages only.
11.8 DADA AFRICA reserves the right to suspend the operation of the Site or the Telephone Order Service.
12.PERSONAL DATA
The personal information collected (identity, login, password, e-mail address, telephone number, billing address, delivery address, means of payment, etc.) in the context of distance selling is compulsory, as this information is necessary for the management of the customer's account, the processing and delivery of orders, as well as for the preparation of invoices. Failure to provide this information will result in automatic rejection of the order. It may be transmitted to partners, in particular commercial partners of DADA AFRICA (intermediaries for the payment of orders and the fight against fraud: PAYPAL, or for the delivery of orders in particular: La Poste). This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable DADA AFRICA to improve and personalise the services offered and the information sent to the Customer. This information is strictly confidential. In accordance with the General Data Protection Regulation (RGPD) and the law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, the Customer has a right of access, rectification, opposition and deletion of data concerning him/her with DADA AFRICA as well as the right to limitation and portability, where applicable. To exercise these rights, the Customer shall contact: xxxxxxx@XXXXXXXXXX.xxx +33.619852851 Depending on the choices made by the Customer when creating or consulting his/her account, the latter shall be offered several options, in particular those allowing him/her to receive newsletters or offers from DADA AFRICA or to authorise the transfer of his/her data to DADA AFRICA partners. If the customer no longer wishes to do so, he may at any time request DADA AFRICA to do so. For more information on the use of his personal data, the customer may consult DADA AFRICA's Privacy Policy CONFIDENTIALITY - DADA AFRICA
13.FORCE MAJEURE
DADA AFRICA shall not be held liable for the total or partial non-performance of its obligations, if such
non-performance is due to a fortuitous event or to the occurrence of an element constituting force majeure within the meaning of Article 1218 of the Civil Code. Such an event shall constitute a cause of suspension and/or extinction of DADA AFRICA's obligations towards the Client, without compensation to the Client. In the event that such suspension of the performance of DADA AFRICA's obligations continues beyond a period of fifteen (15) days from the notification by DADA AFRICA to the Client of such suspension, the Client shall then have the possibility to cancel the order in progress and shall be reimbursed by DADA AFRICA as soon as possible.
14.INTELLECTUAL PROPERTY
All intellectual property rights, whatever their nature, attached to all the Products sold on the Site and/or through the Telephone Ordering Service and the elements appearing on the Site (including in particular: texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other element) are and remain the exclusive property of DADA AFRICA, and are exclusively reserved to it. Under these conditions, no one is authorised to reproduce, represent, exploit, adapt, disseminate or use, by any process whatsoever, for any reason whatsoever, in part or in full, the intellectual property rights on the Products sold on the Site and/or via the telephone ordering service and the elements appearing on the Site, without the prior written consent of DADA AFRICA.
15.COOKIES
All provisions relating to Cookies are available in the Privacy Policy at the following address PRIVACY - DADA AFRICA
16.COMPLETENESS OF THE CONTRACT
The General Terms and Conditions of Sale, the Legal Notice of the Site, the Privacy Policy and the confirmation of the acceptance of the order sent by DADA AFRICA by e-mail to the Customer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
17.NON-WAIVER
The fact that DADA AFRICA refrains from demanding at a given time the execution of any of the stipulations of these General Terms and Conditions of Sale cannot be interpreted as a waiver to invoke the said total or partial non-execution at a later date.
18.VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
If any of the provisions of these General Terms and Conditions of Sale are declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and applicable.
19.MEDIATION
In the event of any difficulty arising in connection with the order or delivery of the Products, or more generally in the event of a dispute not amicably resolved with DADA AFRICA, the customer shall have the possibility of resorting to a mediation solution with xxx, to which DADA AFRICA belongs. The customer shall send a request to xxx (Telephone number 0xxx) containing the following information: his/her postal, email and telephone details, as well as those of DADA AFRICA, a factual summary of the dispute, the date and proof of his/her prior complaint to DADA AFRICA in order to attempt to resolve the dispute.
Furthermore, at European level, the European Commission provides the Customer with an online dispute resolution platform. The Client shall remain free to resort to mediation or not and each Party shall be free to accept or not the mediator's proposed solution.
20.APPLICABLE LAW - DISPUTES
These General Terms and Conditions of Sale and the contractual relationship between DADA AFRICA and the customer are governed by French law. In the absence of an amicable solution or recourse to mediation, all disputes between DADA AFRICA and the Client shall be submitted to the competent court.