Terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 05/05/2024

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (“Terms and Conditions”) apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“the Customer” or “Customers”) wishing to purchase the products and services offered for sale (“the Products”) by the Seller on the website africa-autoshipping.com.

The Products offered for sale on the website are:

  • Vehicles intended for export to Africa,
  • Vehicle shipping by sea to Africa,
  • Assistance and/or referral to a customs clearance professional for vehicles.

The main characteristics of the Products, including specifications, illustrations, and details of dimensions or capacity, are presented on the africa-autoshipping.com website. The Customer is required to read them before placing an order.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are valid while stocks last, as specified when placing the order.

These Terms and Conditions are available at any time on the website africa-autoshipping.com and take precedence over any other document.

The Customer declares that they have read and accepted these Terms and Conditions by ticking the appropriate box before starting the online order process on the africa-autoshipping.com website.

Unless proven otherwise, the data recorded in the Seller’s IT system constitutes proof of all transactions concluded with the Customer.

The Seller’s contact details are as follows:

Africa Auto Shipping
Allée Paul Signac, 92110, Clichy La Garenne, France
Company registration number: 844 156 471 R.C.S. Nanterre
Email: contact@africa-autoshipping.com
Phone: +33 7 87 51 07 11

ARTICLE 2 - Prices

The Products are supplied at the current prices listed on the africa-autoshipping.com website at the time the order is placed.

Prices are expressed in Euros, both excluding and including tax (HT and TTC).

Prices take into account any discounts granted by the Seller as displayed on the website.

These prices are firm and non-revisable during their validity period. However, the Seller reserves the right to change them at any time outside of that period.

Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, as indicated on the site and calculated before the order is confirmed.

The amount payable by the Customer is the total price of the purchase, including these additional costs.

An invoice will be issued by the Seller and delivered to the Customer upon delivery of the ordered Products.

Some orders may require a quote to be accepted in advance. Quotes issued by the Seller are valid for 30 days from the date of issue.

ARTICLE 3 - Orders

It is the Customer’s responsibility to select the Products they wish to order on the africa-autoshipping.com website, following these steps:

  • Select the Product or Service (vehicle purchase, sea shipping, customs clearance support),
  • Add the Product to the cart,
  • Confirm the contents of the cart,
  • Provide billing and shipping information,
  • Choose a payment method,
  • Accept the present Terms and Conditions,
  • Confirm and finalize the order.

The sale is considered final only after:

  • The Customer receives an order confirmation by email,
  • The full price has been paid by the Customer, unless otherwise agreed (e.g., partial payment followed by balance on delivery).

For certain types of services or products (especially complex or customized services such as vehicle shipping or customs clearance), the Seller may provide a quote that must be accepted by the Customer before the order is confirmed.

Any order placed on the website africa-autoshipping.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer can track the status of their order directly on the africa-autoshipping.com website or by contacting customer service.

ARTICLE 4 - Prices

The Products and Services are supplied at the current prices listed on the africa-autoshipping.com website at the time the order is registered by the Seller.

Prices are expressed in euros (€), all taxes included (VAT and other applicable taxes, if any), unless otherwise stated.

The prices take into account any discounts granted by the Seller on the website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside this period. However, the price applicable to the Customer will be the one in effect at the time of the order.

Prices do not include processing, shipping, transport, and delivery fees, which are invoiced in addition, under the conditions indicated on the website and calculated prior to order confirmation.

Payment requested from the Customer corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and sent to the Customer by email after order confirmation.

ARTICLE 5 - Terms of Payment

The price is payable in full on the day the order is placed by the Customer, by means of secure payment, according to the following methods:

  • By credit card (via Stripe),
  • By PayPal,
  • By bank transfer,
  • By Wave or Orange Money, depending on the available options listed on the website.

Payments made by the Customer will only be considered final once the amounts due have been effectively received by the Seller.

In the event of non-payment of all or part of the order by the due date, the Seller reserves the right to suspend or cancel the delivery of the Services ordered by the Customer, without prejudice to any other remedies.

ARTICLE 6 - Delivery of Services

The services offered for sale on the website are available worldwide, particularly in Europe, the United States, and Africa.

The services ordered by the Customer will be provided within a maximum period of 10 days from the confirmation of the order and full payment, under the conditions specified in these General Terms and Conditions of Sale.

The Seller undertakes to make every effort to deliver the services ordered by the Customer within the specified timeframes. However, these timeframes are provided as an indication. Any delays shall not give rise to damages, withholdings, or cancellation of the order by the Customer.

In case of a specific request from the Customer regarding the delivery conditions of the services, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, previously accepted by the Customer.

ARTICLE 7 – Right of Withdrawal

In accordance with legal provisions in force, the Customer has a period of 14 days from the conclusion of the contract to exercise their right of withdrawal without having to justify any reason or pay any penalty, for the purpose of reimbursement.

However, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts:

  • for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after prior express agreement of the consumer and express waiver of their right of withdrawal;
  • for the supply of goods made to the consumer’s specifications or clearly personalized.

If the right of withdrawal is applicable, the Customer must notify their decision to withdraw from this contract by means of an unambiguous declaration. This can be done by mail or email to the Seller’s contact details provided in ARTICLE 1 – Legal Information.

In the event of withdrawal, the Seller shall refund all payments received from the Customer, without undue delay and in any case no later than 14 days from the day the Seller is informed of the Customer's decision to withdraw. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:

  • The legal warranty of conformity, for defective, damaged, or faulty Products, or those not matching the order,
  • The legal warranty against hidden defects resulting from a material, design, or manufacturing fault affecting the delivered products and rendering them unfit for use.

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code
"The seller is required to deliver a product that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this was their responsibility under the contract or was carried out under their responsibility."

Article L217-5 of the French Consumer Code
"The product conforms to the contract:

1° If it is suitable for the usual intended use of a similar product and, where applicable:

  • corresponds to the description given by the seller and has the features that the seller presented to the buyer as a sample or model;
  • has the features a buyer might legitimately expect based on public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the features 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 them."

Article L217-12 of the French Consumer Code
"The action resulting from a lack of conformity is time-barred after two years from the date of delivery of the goods."

Article 1641 of the French Civil Code
"The seller is liable for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of the defects."

Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the French Consumer Code
"When the buyer asks the seller, during the period of the commercial warranty granted at the time of the purchase or repair of a movable item, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining warranty period. This period starts from the buyer’s request for intervention or from the availability of the product for repair, whichever is later."

To exercise their rights, the Customer must inform the Seller in writing (by email or letter) of the non-conformity of the Products or the existence of hidden defects upon their discovery.

The Seller will refund, replace, or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.

Reimbursements, replacements, or repairs for Products deemed non-compliant or defective will be carried out as soon as possible, and no later than 30 days after the Seller has confirmed the lack of conformity or hidden defect. Refunds may be made via bank transfer or check.

The Seller shall not be held liable in the following cases:

  • Non-compliance with the legislation of the country where the products are delivered, which is the Customer’s responsibility to verify;
  • Improper use, use for professional purposes, negligence, or lack of maintenance by the Customer, as well as normal wear and tear, accident, or force majeure.

Photos and graphics shown on the site are not contractually binding and do not constitute grounds for liability.

The Seller’s warranty is in any event limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale and delivery of Products by the Seller. This data is collected solely for the execution of the sales contract.

9.1 Payment

When paying for Products on africa-autoshipping.com, the site stores financial data relating to the Customer's bank account or credit card.

9.2 Recipients of Personal Data

Personal data is used by the Seller and their contractors for the execution of the contract and to ensure efficient sales and delivery services.

Types of recipients:

  • Transport service providers
  • Payment service providers
  • Customs brokers, in case the customer requests assistance with customs clearance upon vehicle arrival.
9.3 Data Controller

The data controller is the Seller, as defined by the French Data Protection Act and as of May 25, 2018, Regulation (EU) 2016/679 on personal data protection (GDPR).

9.4 Limitation of Processing

Unless the Customer expressly consents, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain the collected data for 5 years, covering the period of contractual civil liability.

9.6 Security and Confidentiality

The Seller applies organizational, technical, software, and physical digital security measures to protect personal data against alterations, destruction, and unauthorized access. However, it is noted that the Internet is not a fully secure environment, and the Seller cannot guarantee the security of data transmission or storage online.

9.7 Exercising Rights

Under applicable data protection laws, Customers and users of africa-autoshipping.com have the following rights:

  • They may update or delete their data by emailing: contact@africa-autoshipping.com
  • They may delete their account by writing to the address listed in Article 9.3 “Data Controller”
  • They may access their personal data by contacting the address listed in Article 9.3
  • If the data is incorrect, they may request a correction
  • They may request deletion of their data in accordance with applicable laws
  • They may request data portability to another provider
  • They may object to the processing of their data

These rights, provided they do not conflict with the purpose of the data processing, may be exercised by contacting the Data Controller by email or post at the contact details above.

The Data Controller must respond within one month.

If the request is denied, it must be justified.

Customers are informed that they may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or bring the matter to court.

The Customer may be asked to check a box to agree to receive promotional emails from the Seller. They may withdraw consent at any time by contacting the Seller or using the unsubscribe link in the emails.

ARTICLE 10 - Intellectual Property

The content of the africa-autoshipping.com website is the property of the Seller and its partners and is protected by French and international laws on intellectual property.

Any full or partial reproduction of this content is strictly prohibited and may constitute counterfeiting.

ARTICLE 11 - Applicable Law - Language

These Terms and Conditions and the resulting transactions are governed by and subject to French law.

These Terms and Conditions are written in French. If translated into other languages, only the French version shall be legally binding in the event of a dispute.

ARTICLE 12 - Disputes

For any claims, please contact customer service at the postal or email address provided in ARTICLE 1 of these Terms and Conditions.

The Customer is informed that they may, in any case, resort to conventional mediation, with sectoral mediation bodies, or to any alternative dispute resolution method (e.g., conciliation).

The Customer is also informed that they may use the Online Dispute Resolution (ODR) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes relating to the purchase and sale operations under these Terms and Conditions, which are not resolved amicably or through mediation, shall be subject to the competent courts under common law conditions.

ANNEX I

Withdrawal Form

Date ______________________

This form should only be completed and returned if the Customer wishes to withdraw from the order placed on dakar-autoshipping.com, unless exclusions or limits to the right of withdrawal apply under the applicable Terms and Conditions.

To the attention of:
Africa Auto Shipping
7 Allée Paul Signac, 92110, Clichy La Garenne, France

I hereby notify the withdrawal from the contract for the item below:

  • Order placed on (insert date): ______________________
  • Order number: ...........................................................
  • Customer's name: ...........................................................................
  • Customer's address: .......................................................................

Customer's signature (only if this form is submitted on paper): ______________________

 

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