General Conditions of Sale and Use
1. About us
Elitafrique develops products and services that allow members to connect, create communities and develop businesses. These Terms govern your use of the products and services we offer, unless we expressly state that separate conditions apply.
2. Preamble
Elitafrique invites Users to carefully read these General Terms of Sale and Use (hereinafter referred to as the “GTS/GTU”). Joining Elitafrique implies acceptance of the GTS/GTU. The characteristics of the products and services are indicated on the Website. It is up to the Member to take this into account before purchasing or subscribing. The photographs or graphics presented on the Website are not contractual.
The Member acknowledges having read and accepted them by ticking the box provided for this purpose before placing their Order or Subscription online.
The GTS/GTU govern the conditions under which Elitafrique sells its products and services to its Members via its website.
They apply to all sales concluded by Elitafrique and take precedence over any conflicting document, in particular the Member's general purchasing conditions.
In the event of a subsequent modification of the General Terms and Conditions, the Member is subject to the version in force at the time of his order or subscription.
3. Data Protection & Privacy
The information that may be collected on this site is exclusively intended for processing your request by Elitafrique. You have the right to access, modify, rectify, and delete the data concerning you.
By accepting the general conditions of Elitafrique :
· You declare that you are of legal age and that the data you provide is accurate and sincere.
· You agree that we may send you information about various changes to the site.
· You are fully responsible for your private or public communications through Elitafrique services.
You agree not to engage in any of the following activities :
· Distribute defamatory, counterfeit, infringing, or generally unlawful information.
· Use the services for the purpose of threats, harassment, insults, and in violation of the rights of third parties.
· Act in a manner contrary to applicable laws and regulations.
The Member agrees to use the products and services to which they have access reasonably and sensibly. Elitafrique reserves the right to delete any product or service, even in progress, when, by its nature, its text, or its presentation, it would not be related to the discussed topic and would be contrary to the spirit of the site or likely to provoke protests from its Members or third parties, and more generally any product and/or service contrary to its financial or moral interests or to the law.
Elitafrique aims to be widely accessible to all, but you cannot use Elitafrique if :
· You are a convicted sex offender.
· We have previously deactivated your account for non-compliance with our Terms and Conditions or Policies;
· You are not authorised to receive our products and services under applicable laws.
What you can share and do on Elitafrique
We want members to use Elitafrique to express themselves and share content that matters to them, but not at the expense of the safety and well-being of other Members or the integrity of our community. You therefore agree not to act in the manner described below (nor encourage or support others to do so) :
1. You may not use our products and services to do or share anything that :
o Violates these Terms, our Community Standards and other terms and conditions and regulations applicable to your use of Elitafrique.
o Is illegal, misleading, discriminatory or fraudulent.
o Infringes or violates third party rights, including intellectual property rights.
2. You may not upload viruses or malicious code or act in the way that could disable, overburden, or interfere with the proper functioning or appearance of our products and services.
3. You must not collect data about our products or access such data by automated means (without our prior permission), nor attempt to access data that you are not authorised to access.
We may remove or block content that violates these provisions.
If we remove content you have shared because it violates our community standards, we will inform you and explain your options for requesting a review, unless you seriously or repeatedly violate these Terms or if it involves our legal liability or that of a third party, harms our user community, or compromises or disrupts the integrity or operation of our services, systems, or products, or in case of technical restrictions or when we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report any content or behavior that you believe violates your rights (including your intellectual property rights) or our terms and policies.
We may also remove or limit access to your content, services or information if we believe this is reasonably necessary to prevent or mitigate negative legal or regulatory effects on Elitafrique.
4. Registration
Registration on the Site is open to all legal or natural persons of legal age and enjoying their full legal capacity.
The use of the Site is subject to User registration. Registration is free.
To register, the User must fill all mandatory fields; Otherwise, registration cannot be completed.
Users guarantee and declare on their honor that all information communicated on the Site, especially during their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
Every registered and validated User has a username and password. These are strictly personal and confidential and must under no circumstances be communicated to third parties under penalty of deletion of the account of the infringing registered User. Each Registered User is personally responsible for maintaining the confidentiality of his or her username and password. Elitafrique shall in no way be liable for the usurpation of a User's identity. If a User suspects fraud at any time, he or she must contact the Organisation as soon as possible, so that the latter can take the necessary measures and regularise the situation.
Each User, whether a legal or natural person, can only hold one account on the Site.
In the event of non-compliance with the GTS/GTU, including the creation of multiple accounts for a single person or the provision of false information, Elitafrique reserves the right to proceed with the temporary or permanent deletion of all accounts created by the infringing User.
Deleting the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Site before the deletion of the account will be executed under normal conditions.
In the event of deletion of an account by Elitafrique for breach of the duties and obligations set out in the GTS/GTU, the offending User is formally prohibited from re-registering on the Site directly, through another email address or by an intermediary without the express authorisation of Elitafrique.
5. User Publication
The site allows members to publish the following content :
· Personal works
· Comments
· Article
In their publications, the Member agrees to abide by the rules of Netiquette (rules of good conduct on the internet) and the rules of law in force.
The site may moderate publications and reserves the right to refuse their publication, without having to justify this to the Member.
The Member retains full ownership of their intellectual property rights. However, by publishing a publication on the site, they grant Elitafrique as the publisher the non-exclusive and free right to represent, reproduce, adapt, modify and distribute their publication, directly or through authorised third parties/partners, worldwide, on any medium (digital or physical), for the duration of the intellectual property. The Member grants Elitafrique the right to use their name with their publication.
Elitafrique publisher undertakes to include the Member's name near each use of its publication.
Any content posted online by the Member is their sole responsibility. The Member undertakes not to post content online that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the Member.
The Member's content may be deleted or modified by the website Administrator at any time and for any reason without notice.
6. Orders
An order can only be placed when the User has registered on the website. The Member, when logged into their account, can add Products to their virtual cart. They can then access the summary of their virtual cart to confirm the products and services they wish to order and place their order by clicking on the "Order" button.
They will need to provide an address, a delivery method, and a valid payment method to finalise the order and effectively form the sales contract between them and Elitafrique. Order finalisation implies acceptance of the prices of the products or services sold, as well as the delivery terms and deadlines indicated on the website.
Once the order is placed, the User will receive confirmation by email. This confirmation will summarise the order and provide relevant information regarding delivery. Placing an order constitutes the conclusion of a distance sales contract between Elitafrique and the Member.
7. Products/Services and prices
The products and services covered by the GTC/GCU are those listed on the website and sold and shipped directly by Elitafrique.
Products and services are described on the corresponding page of the website, and all essential characteristics are mentioned. Sales are made within the limits of available stock. Elitafrique cannot be held responsible for out-of-stock items or the inability to sell a product or service with no stock available.
When a registered User wishes to purchase a product or service sold by Elitafrique through the website, the price indicated on the product or service page corresponds to the price excluding taxes (excluding VAT), excluding shipping costs, and takes into account any applicable and current discounts on the day of the order. The indicated price does not include delivery costs, which will be detailed, if applicable, in the summary before placing the order. If the total cost of products or services cannot be calculated in advance, Elitafrique will provide the Member with a detailed quote outlining the price calculation formula.
Under no circumstances can a User demand the application of discounts that are no longer valid on the day of the order.
8. Payment Terms
Unless otherwise agreed, all sales are paid in full at the time of ordering.
Depending on the nature or amount of the order, Elitafrique is free to require a deposit or full payment of the price when placing the order or upon receipt of the invoice.
Payment can be made by :
· Check
· Bank transfer
· Cash
In the event of total or partial non-payment of the products or services on the agreed date on the invoice, the Member must pay Elitafrique a late penalty equal to the legal interest rate.
No compensation can be made by the Member between late penalties in the provision of ordered products or services and amounts due by the Member to Elitafrique for the purchase of products or services offered on the website.
The penalty due by the Member is calculated on the total amount including taxes of the remaining sum due and runs from the due date of the price without any prior formal notice being required.
9. Delivery and Claims
The products or services are delivered exclusively to the following geographic areas :
· Europe, America, Africa
For all Orders placed on this Site, the Member has a right of complaint for 30 days from delivery of the product or service. It is his responsibility to check the apparent condition of the products or services upon delivery. In the absence of reservations expressly expressed upon delivery, the Products are deemed to comply with the Order.
To exercise this right of complaint, the Member must send to Elitafrique, at the address info@elitafrique.org, a declaration in which he expresses his reservations and complaints, accompanied by the relevant supporting documents (receipt slip countersigned by the carrier, photographs...)
A complaint that does not comply with the conditions described above cannot be accepted.
Elitafrique will repair, replace or reimburse the product/service or its components as quickly as possible and at its expense, subject to the material possibility of repairing the product/service or its availability in stock.
10. Member's right of withdrawal
The Member has a 14-day right of withdrawal from the placing of the order only for services.
To exercise this right of withdrawal, the Member uses the withdrawal form provided for this purpose on the website.
Direct commissioning costs remain the responsibility of the Member.
They will be refunded the total fees paid for placing the order within 14 days of Elitafrique's receipt of their withdrawal declaration.
The refund will be made by the same means of payment as that used for the purchase.
11. Transfer of risks and ownership
Elitafrique retains ownership of the products/services sold until full payment of the price by the Member. Elitafrique may therefore take back possession of said products/services in the event of non-payment. In this case, the deposits paid will remain acquired by Elitafrique as compensation.
For Members, the transfer of risks to the Member occurs upon delivery of the goods to the carrier by Elitafrique.
12. Legal guarantees
The products and services sold on the website are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code :
In accordance with the Consumer Code :
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility”.
“The good is in conformity with the contract :
1° If it is suitable for the use usually expected of a similar good 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 presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”
In accordance with the Civil Code ::
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have it acquired, or would have given only a lower price, if he had known them."
Any product or service resold that is altered, modified or transformed is not covered by the warranty.
This warranty is limited to the replacement or refund of non-conforming or defective Products. It is excluded in the event of improper use or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.
The Member must inform Elitafrique of the existence of defects within 2 years. Elitafrique will rectify defective Products to the extent possible. If Elitafrique's liability is established, the warranty is limited to the amount excluding tax paid by the Member for the supply of the Products.
Replacing products or services does not extend the warranty period.
13. Changes
Elitafrique reserves the right to modify the website, the General Terms and Conditions as well as any delivery procedure or other element constituting the services provided by Elitafrique through this website.
When an Order is placed, the Member is subject to the stipulations set out in the General Terms and Conditions in force when the Order is placed.
14. Processing of personal data
Registration on the website entails the processing of the Member's personal data. If the Member refuses the processing of his data, he is asked to refrain from using the website.
This processing of personal data is done in compliance with the General Data Protection Regulations.
Furthermore, in accordance with the Data Protection Act, the Member has, at any time, the right to question, access, rectify, modify and oppose all of his personal data by writing, by mail and providing proof of identity, to the following address: info@elitafrique.org
This personal data is necessary to process your Order and issue invoices if applicable, as well as to improve the functionality of the website.
15. Sharing of collected data
The website may use third-party companies to perform certain operations. By registering on the website, the Member accepts that third-party companies may access their data to enable the proper functioning of the website.
These third-party companies only have access to the data collected within the framework of a specific task.
Elitafrique remains responsible for the processing of this data.
Furthermore, the Member may therefore receive information or commercial offers from Elitafrique or its partners.
The Member can oppose the receipt of these commercial offers at any time by writing to Elitafrique at the address indicated above, or by clicking on the link provided for this purpose within the received emails.
Furthermore, Member information may be transmitted to third parties without their express prior consent in order to achieve the following purposes :
· Comply with the law.
· Protect any person against serious bodily harm or death.
· Fight against or harm to Elitafrique or its users.
· Protect the property rights of Elitafrique.
16. Data protection
Elitafrique ensures an appropriate level of security proportional to the risks incurred and their likelihood, in accordance with the General Data Protection Regulation.
However, these measures in no way constitute a guarantee and do not commit Elitafrique to an obligation of result concerning data security.
17. Cookies
To allow its Users to benefit from optimal navigation on the website and better functioning of the various interfaces and applications, Elitafrique may use cookies. However, this use of cookies is in no way linked to identifiable personal information on our site.
The User has the possibility to block, modify the storage duration, or delete cookies via their browser's interface. If systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the website, this malfunction shall not constitute any damage to the Member who cannot claim any compensation as a result.
18. Liability
Elitafrique cannot be held responsible in any way for the unavailability, whether temporary or permanent, of the website, and although it makes every effort to ensure the service is constantly available, it may be interrupted at any time. Furthermore, Elitafrique reserves the right, by a voluntary act, to make the website unavailable in order to carry out any operation of updating, improvement, or maintenance.
As mentioned above in these provisions, Elitafrique cannot under any circumstances be held responsible for delivery delays for reasons beyond its control, independent of its will, unpredictable and irresistible, or for which fault cannot be attributed to it.
19. Intellectual property
Ownership of the brand, logo, and graphic charter of this website belongs exclusively to Elitafrique. Any distribution, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of Elitafrique will expose the infringer to civil and criminal proceedings.
20. Jurisdiction clause
The law governing the General Terms and Conditions is English law. Any dispute that may arise between Elitafrique and a User during the execution of these terms will be subject to an attempt at amicable resolution. Failing that, disputes will be brought to the attention of the competent courts of common law.
21. Acceptance of the GTS/GTU
The Member or User expressly accepts the GTS/GTU.
The Member declares to be aware of it and waives the right to rely on any other document including their own general terms of purchase.
The Member acknowledges having been aware of the information and information provided for in the Consumer Code, and in particular :
· The essential characteristics of the product/service ;
· The price of the products/services ;
· The date or deadline by which Elitafrique undertakes to provide the product/service ;
· Information relating to the identity of Elitafrique
· Information relating to legal and contractual guarantees and their implementation methods ;
· The possibility of resorting to conventional mediation in the event of a dispute ;
· Information relating to the right of withdrawal (deadline, terms of exercise).
Date of last revision: March 3, 2024
