PREAMBLE
The online sales service ts-sitemarket.com managed by the company TS-Market allows the connection of sellers with buyers of products, articles and services (hereinafter referred to as Articles). The Sellers and the Buyers are hereinafter jointly designated the Partners. TS-Market allows the conclusion of contracts for the sale of articles. The Partners are the sole decision makers for the materialization of the purchase and sale of the items.
The acceptance of these General Conditions of use of ts-sitemarket.com by the partners constitutes a mandate given to TS-Market as a platform to put Sellers and Buyers in touch with one another and operate the Transactions carried out on the TS-Market site according to the terms below.
01 OBJECT
The purpose of these general conditions of use for the ts-sitemarket.com site is to define conditions by which partners will be authorized to use the site for the purpose of establishing their Connection.
02 TS-Market OBLIGATIONS
2.1 TS-Market undertakes to make the Sellers' offers available to the Partners on the ts-sitemarket.com site. TS-Market receives, for this purpose, a mandate from the Seller to make available to the Buyers the offers provided by the Seller and to place the sums arising from the transaction in his account before transfer to the seller's account. TS-Market undertakes to ensure the processing of any complaint following the sale of an item on its site.
2.2 TS-Market can also be a seller of items on the site. In order to remove any ambiguity, the sellers will be clearly designated by their respective brand.
2.3 In the event of a partner's non-compliance with the General Conditions of Use of the site, TS-Market reserves the right at any time to remove this partner from its list by suspension or simply by permanent cancellation.
03 SALES PROCESS
The Sale is deemed to have been made between the Buyer and the Seller once the Buyer has confirmed his unconditional agreement to the Seller's offer and TS-Market has received full payment of the Transaction Price. The sale is deemed to have taken place when TS-Market has transferred the amount due (item price and shipping costs) to the seller's account; payment of the Price of the item by the Buyer to TS-Market constituting agreement of said offer. The Buyer acknowledges that his acceptance of the offer is made in consideration of the description of the article object of the sale and that it is worth firm commitment to contract with the Seller under the conditions of the offer.
04 OBLIGATIONS OF SELLERS
4.1 The Seller undertakes that any offer of an article corresponds to material goods of which he has full and entire property and sales capacity, available immediately.
4.2 The Seller undertakes to describe the item offered for sale according to the criteria used by TS-Market in the referencing form. The description of the article must correspond to its actual characteristics. The Seller will mention: the name of the article, the characteristics of the article, its state of use according to the grid proposed by TS-Market in the referencing form, the Price of the article, the weight of the article , its dimensions and, if applicable, the Article Code.
4.3 The Seller is solely responsible for the proper performance of the obligation to inform buyers of the essential characteristics of the goods. He is solely responsible for the description of the goods he offers for sale. It guarantees TS-Market of any claim relating to the content and form of said description. The Seller undertakes to carry out all validations, verifications and provide all necessary details so that the description and the elements of the offer are faithful and do not mislead the Buyer. In the event of an error in the description, of the elements of the offer, the Seller will assume only the additional costs, and no claim on his part will be admissible in this respect either with the Buyer or with TS-Market.
4.4 The Seller is solely responsible for the proper execution of the obligation to deliver the ordered item. The Seller undertakes to send the suitably packaged item at its expense no later than two working days following the date of notification of the buyer's address. The item travels at the Seller's risk and expense.
4.5 When the article is dispatched to the Buyer, the Seller undertakes not to insert any advertising for himself or for anyone, in any form whatsoever (message, brochure, flyer, stick sticker, etc ...). The buyer's contact details must be used only for the purposes of executing the order and the related legal obligations. Any other use, rental, sale, resale or copy by the Seller is expressly prohibited.
05 REFUND CONDITIONS
5.1 TS-Market is under the obligation to accept the replacement or refund of the amount due to the buyer under the following conditions:
5.1.1 In case of simple customer withdrawal without reason within 48 hours (TS-Market shipping time)
5.1.2 In case of non-compliance or hidden screw of the article.
5.1.3 In case of loss of parcel by post and this within 90 days (post time)
5.1.4 In case of unavailability of the item
5.1.5 In case of deterioration of the item by the carrier, in this case the customer should refuse to accept the package, clearly indicating the object of his refusal.
5.2 The return of an item will only be accepted if it is the subject of a complaint and the Buyer follows the instructions issued by TS-Market's after-sales service. The Purchaser undertakes to properly pack the item for transport
06 OBLIGATION OF THE PURCHASER: GOODS SUBJECT TO REGULATIONS SPECIAL TO IMPORT
International trade is generally free.
However, in trade flows, imports or exports of certain goods are, due to their particularly sensitive nature, subject to restrictions or to the prior completion of specific formalities and may require passage through designated inspection points, especially on import.
It is the duty of the buyer, to approach the customs services before any international trade operation concerning products whose main types of applicable restrictions are mentioned below.
6.1 Animals, animal products, animal feed, plants, food
These products are in fact subject to veterinary, phytosanitary or sanitary control, prior to their customs clearance.
6.2 Health products
Medicines in particular are subject to an import authorization prior to their import.
6.3 Industrial products
Certain industrial products are not regulated by any specific text. They are then required to comply with the General Safety Obligation (OGS) included in Directive 2001/95 / EC of December 3, 2001 and in Article 221-1 of the Consumer Code.
The other industrial products are subject to specific sectoral regulations, of Community or national origin
6.4 Chemicals
Imports of chemicals are governed by the Stockholm Convention on Persistent Organic Pollutants (POPs).
The REACH regulation has also entered into force and provides for declaration obligations with regard to importers, in particular, of chemical products. Finally, it is important to underline the Community regulations on ozone-depleting substances (R (CE) n ° 1005/2009) which decline the Montreal Protocol at community level.
07 GENERAL PROVISIONS
7.1 TS-Market has the right to modify these General Conditions according to the evolution of its offer and the market. Any modification will take effect immediately for online offers upon notification to partners by any means chosen by TS-Market. They will not apply for transactions in progress at the time of their entry into force. Occasionally TS-Market may change code, telephone number, renumber, interrupt service for operational, maintenance or emergency reasons.
7.2 The partner will connect to the TS-Market site using its own telecommunications terminal equipment. TS-Market does not provide the partner with any hardware, telephone installation, terminal or other equipment, or software.
7.3 Personal data relating to partners is collected, recorded and stored in accordance with the provisions of the Law relating to IT, files and freedoms of January 6, 1978. Partners have the right of access and rectification provided for by the law with TS-Market.
7.4 In the event of force majeure, the obligations of the prevented party will be suspended, in particular in the event of:
- act or omission of the government or of competent higher authorities,
- blocking or failure of telecommunications networks,
- insurrections, civil war, war, military operations, national or local state of emergency, fire, lightning, explosion, strike, flood, storm, made by a third party.
7.5 The invalidity of one or more clauses of the General Provisions for the use of the site will not invalidate them.
7.6 This contract is subject to the law of Burkina Faso. Any litigation with a partner and born on the occasion of its interpretation and / or its execution is within the competence of the Commercial court of Bobo-Dioulasso (Burkina Faso).