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TERMS OF SALE

Introduction

These general conditions of sale apply between:

Afrique Telecom SA, 7 rue plaine des Isles – 89000 Auxerre - France

Phone : +33.386.94.26.40.

shop@spacedsl.com

Siren (registration number in France): 480 305 630 00018

VAT no. : FR41 480 305 630

whose President is Philippe Tintignac.

And

Any person (hereinafter referred to as ‘internet user’, ‘website user’ or client), acting as individual or as a representative of a person visiting or making a purchase via the www.spacedsl.com website (hereinafter referred to as ’Website’), brand owned by the company ‘Afrique Telecom’.

Hereinafter "internet user" or client(s)

 

Any order made on the Website implies the consultation and prior acceptance of these terms.

The Website is a website specialized in selling small satellite stations for internet connection only in specific African territories described on the Website. The user be responsible for observing local laws and other procedures in order to use the satellite station in the country of destination and without Afrique Telecom giving any guarantee of how local law operates in that country.

The Website being a space for electronic commerce, the Internet user is fully aware that his agreement on the content of these general conditions of sale does not require the signature of this document.

The user is prompted to save and print these terms and conditions of sale, which are authentic between the parties.

The Internet user claims to be adult (18 years old or more in France) and have full legal capacity to engage under these terms and conditions and sign contracts under French law.

1 - Purpose

These general conditions are intended to define the rights and obligations of the parties in connection with distance selling of products offered on the online retail space available in the Website from placing the order to after- sales and guarantees, through to payment and delivery.

 

2- Terms of sale

The version of the general terms and conditions binding the Internet user is the one showing on the site at the time of confirmation of the order by the Internet user.

The different versions of the general conditions of sale are archived by Afrique Telecom.

The general conditions of sale may be amended or withdrawn at any time.

 

3 - Problems with the site

The Website or access to one or more services within the site such as the space of online sales may, without notice or compensation, be closed temporarily or permanently, without a user/client being able to claim any compensation.

 

4- Products

4.1 Availability

Products (implying good or service) offered for sale by the company Afrique Telecom are those appearing on the Web site the day of the consultation of the site by the user.

Products are offered subject to availability. In case of lack of product availability, the company Afrique Telecom undertakes to inform the Internet user by any means at its convenience within 5 days from the order.

In this case, the company Afrique Telecom may, in accordance with the user, set a new delivery date subject to products and services’ replenishment. In the case of failing to find an agreement or of the inability to dispose of the product ordered, Afrique Telecom will refund the sums paid by the Internet user within 30 days, without the latter being entitled to any compensation.

4.2 Information / warranties

Prior to order placing, the greatest care is taken to website update including information relating to essential characteristics of the products offered for sale, payment terms and delivery. However, minor variations in the representation of the product and not relating to their essential features may occur. These variations cannot result in any contractual liability towards the company Afrique Telecom.

Information posted on the Website may in any way exonerate the Internet user from reading  instruction manuals or other information accompanying the product range, the product nor its packaging (precautions, handle with care, conditions use, etc.).

4.3 Products usage

The customer agrees to use the products for their intended purposes and comply with instructions for use and labeling of products for use in accordance with relevant guidelines.

It is up to the client to learn about the terms related to customs for the country of destination and any restrictions on the import and use of products. Afrique Telecom does not support legal or factual warranties in the matter.

 

 5 - Prices

Prices are indicated on the online retail space dedicated to this purpose. Prices are in Euros excluding taxes.

Unless otherwise stated, these prices do not include transportation fees (postage-carriage to destination), which might be indicated in addition to the price excluding tax.

The prices  will possibly be increased the applicable VAT on the date of the order. Any change in the applicable VAT rate will automatically reflect in prices listed in the sales section of the website.

The e-mail confirmation of the order made by the Internet user will indicate the total amount of the transaction (price + shipping) in Euros.

Prices do not include communication costs associated with the use of the online sale platform which is the responsibility of the Internet user.

Afrique Telecom reserves the right to change prices at any time. However, products will be charged based on the rates in effect at the time of registration of the order.

 

6 - Order

6.1 Placing an order

Placing an order includes the following steps :

- Step 1 : Fill in the shopping cart.

- Step 2 : Complete the required fields of the identification and / or information forms. The Internet user attests to the veracity and accuracy of the information transmitted.

- Step 3: Consult the general conditions of sale.

- Step 4: Accept all terms of sale by checking the "General Conditions" (unchecked by default) and click on the box "I accept"

- Step 5: Order Validation.

The Internet user receives an acknowledgment of the electronic order.

Any order placed by the Internet user via the above steps constitutes an irrevocable acceptance of the terms contained in this section.

6.2 Order confirmation

In accordance with applicable laws, the contractual information will be confirmed in due course and no later than at the time of delivery, by email to the email address specified by the Internet user on the purchase order.

This e-mail confirmation will include the following information:

- Description of the products;

- Identification number of the order;

- The total amount of the order (price without tax, VAT, shipping);

- A reminder of the conditions of payment security.

It is under the Internet user’s responsibility to maintain contractual information on the support of his choice.

Afrique Telecom reserves the right not to confirm an order including in case of refusal to authorize payment, incorrect address or any other problem on the user's account. In this case, the company Afrique Telecom will inform the Internet user by email.

The order becomes final only after checking product’s availability by the company Afrique Telecom within a maximum of 72 working hours from the time of sending out the email acknowledging receipt of the order to the user.

For placing orders, agreed working hours are from Monday to Friday from 8 a.m. to 6 p.m. Paris (France) time except French holidays.

 

7 - Payment

7.1 Payment

Payment is made online by credit card or by check. The product invoice will be included in the package containing the product ordered.

The order is final until it has been confirmed by the payment of the price by the buyer. For credit card payments made on its website, Afrique Telecom uses secured payment server of its banks’ partner. All information transmitted from the Website to the payment system is automatically encrypted to ensure confidentiality.

7.2 Failure to Pay

In the case of a failure to pay the price not justified by a legitimate reason, the company Afrique Telecom is entitled to charge default interest calculated on the basis of the applicable rate plus three percentage points from the applicable due date of payment.

In the event of litigation recovery (debt collection agency, attorney or bailiff) and on delivery of a standard letter, Afrique Telecom’s claims will be increased by 15% as a penalty in addition to costs and interest stipulated above.

7.3 Property reservation

The delivered product remains the property of Afrique Telecom until it is paid in full by the Internet user. Failure to pay may result in claims of the product by Afrique Telecom.

The transfer of risk of loss or damage to the user operates on the date of the product’s issuance.

 

8 - Terms and Delivery

8.1 Delivery

Product(s) ordered via Internet will be delivered within a maximum period of 15 days from the order confirmation and settlement date.

In case of unavailability of the product(s), Afrique Telecom will inform the Internet user as soon as possible so that the customer can be reimbursed without delay and no later than thirty days from the payment date.

In case of longer than expected delivery time, Afrique Telecom undertakes to inform the Internet user as soon as possible and by any means so that it can choose to maintain or cancel all or part of the relevant order.

Afrique Telecom can not be blamed and held responsible for any consequences of events beyond its control, including ‘force majeure’ or under the carrier’s duties, which would tend to delay or prevent delivery of the product ordered.

In case of non-compliance of the period mentioned plus 7 days, the Internet user can cancel the order by sending a letter with acknowledgment of receipt to the registered address mentioned at the beginning of these terms. The cancellation will only be taken into account by the company Afrique Telecom if the shipment or delivery is not made between the sending and receipt of this letter. The Internet user will be reimbursed at the latest within 30 days of receipt of the letter by the company Afrique Telecom.

The company Afrique Telecom reserves its right to select the carrier and guarantees the smooth flow of product.

8.2 Monitoring of delivery

Afrique Telecom guarantees that the product delivered corresponds to essential characteristics described on the Website and for use for the intended purpose.

On delivery, the customer or user (at the product(s) final destination) must check the condition of the packaging and compliance of the product delivered and in case of problems, issue appropriate delivery reservations in writing to the carrier.

8.3 Delivery Area

Product(s) shipment can only be made within the territorial area of carriers selected by Afrique Telecom.

 

9 - Guarantees

9.1 Ensure hidden defects

Afrique Telecom is bound by legal warranty against hidden defects, within the meaning of section 1641 of France’s ‘Code Civil’ which provides that "the seller is required to guarantee in respect of hidden defects of the thing that make it unsuitable for use as it was intended to, or as so to diminish its use, in which case the buyer would not have acquired it, or would have paid a lower price if he had known about it. "

In all cases Afrique Telecom will not be held responsible for the misuse of the product by the Internet user, but also for non-compliance with regulations and laws in force in the country of destination.

9.2 Non-compliance or defect

In case of non-compliance, non-conformity or defect of the delivered product, the user must inform Afrique Telecom’s customer service in writing and via e-mail, providing clear indications.

Afrique Telecom undertakes to exchange the product(s) or refund the user, provided the product(s) is/are returned in its/their original packaging. Over the return for default, Afrique Telecom reimburses the shipping cost upon presentation of evidence thereof and in any event at the rates in force for a ‘colissimo’ (French name of a transport type provided by ‘La Poste’ in France). Product reimbursement fees are in proportion to the price of the product(s) on the entire order.

Subject to the Internet user’s consent, Afrique Telecom will offer the client a credit in lieu of the exchange or refund.

The provisions of this section do not prevent you from enjoying the right of withdrawal under ‘section 10’ (French legal code).

 

10 - Right of withdrawal

Pursuant to ‘article L 121-16’ of the Consumer Code (in France), the Internet user has a withdrawal period of seven days from the delivery of the product.

If the Internet user exercises this right of withdrawal, the return of the product(s) must take place in its original packaging, in perfect condition with all accessories and manuals and with indication of the invoice to which the product(s) relate.

A product returned incomplete, damaged or used can not be taken back by Afrique Telecom. Return costs are the responsibility of the Internet user/client.

In case of exercising the right of withdrawal, the Internet user will have the option of requesting either a refund, except for the cost of return, or exchange the product(s). The Internet user should enclose the appropriate settlement of the amount of shipping and the additional potential price of the order. Therefore, Afrique Telecom will ship the new selected product(s) to the user as soon as possible.

Product(s) returns are subject to a request made by e-mail to our customer service: shop@spacedsl.com or phone mentioned at the beginning hereof.

 

11 - Protection of personal data

The information requested, including through the web forms are required to process the order and shall be communicated to (x) provider (s) responsible for the implementation of the order including the carrier and / or any competent authority for the settlement of a dispute between the company and Afrique Telecom. They can also be used to better understand the user and adapt Afrique Telecom’s offer to the clients/users’ needs.

According to French law ‘n ° 78-17 of 6 January 1978’ relating to computers, ‘aux fichiers et aux libertés’ (files and freedom), treatment of personal information collected on the Website is subject to a declaration to France’s ‘Commission Nationale de l'Informatique et des Libertés’ (the National Commission the Data Protection Authority). The user has a right to access, modify, rectify and delete data collected. To exercise this right, the user must send an e-mail to Afrique Telecom’s customer service at the following email address: shop@spacedsl.com or via standard mail to the registered address mentioned at the beginning of these Terms and Conditions .

 

12 - Intellectual Property

Elements belonging to Afrique Telecom, such as the website, trademarks, drawings, models, images, sound and video clips, text, pictures, logo, graphic, although this list is not exhaustive, are the exclusive property of Afrique Telecom.

These general conditions do not imply any transfer of any kind of intellectual property rights of elements belonging to Afrique Telecom for the benefit of Internet users/clients.

Afrique Telecom grants you access to the site on a non-exclusive, personal, non-transferable and for use that complies with the conditions defined in the present document. Any other use constitutes infringement punishable by law under Intellectual Property rights.

The user agrees not to harm, directly or indirectly, property rights of Afrique Telecom.  The user agrees not to exploit in any manner whatsoever, Afrique Telecom’s names, trademarks or logos. The user undertakes to respect all of Afrique Telecom’s rights and will not cause any analogy in the public mind for any purpose whatsoever.

Links such as hypertext to Afrique Telecom’s website home page or any other page should always be implemented subject to authorization and must be removed upon Afrique Telecom’s request.

 

13 - Liability

The company Afrique Telecom can not be held liable for breach of its obligations due to ‘force majeure’ as defined and generally accepted by French law and the courts or for reasons beyond its control.

In addition, Afrique Telecom can not be held liable to the extent permitted by any direct or indirect regulations including consequences that may result from access to its website or inappropriate use of products within the meaning of Article 'use of products. "

It is also reminded that hyperlinks placed on Afrique Telecom’s Website linking to other sites whose contents are the sole responsibility of owners and operators of these sites.

 

14 - Regulation and legal change

In the event that any provision of this contract is null and void by a change in legislation, regulation or court decision, this does not in any way affect the validity and enforcement of these Terms of sale.

 

15 - Length

These conditions apply for the duration of on-line services offered by Afrique Telecom.

 

16 - Proof

Unless proved otherwise, records stored on Afrique Telecom’s servers or on those of its outsourced hosting partners will be considered as proof of communications, orders and payments between relevant parties.

 

17 - Applicable law

These general conditions are subject to French law. This applies to substantive rules as well as for the rules of form.

In no event shall the company Afrique Telecom give no guarantee of compliance with local laws that would apply when a user accesses the site from another country.

In case of dispute, the dispute shall be in default of agreement, be under the exclusive jurisdiction of:

The Commercial Court of Auxerre for a dispute between Afrique Telecom and a professional;

- The French court of competent jurisdiction for a dispute between Afrique Telecom and a non-professional.

Linking to one or more page (s) from the site of the company Afrique Telecom is permitted only after application sent to the Director of the publication and acceptance.

Trademarks:

The marks "Afrique Telecom ™", "SpaceDSL ™" are trademarks of Afrique Telecom SA.