Terms Conditions of Use

Last update date: 27/09/2024

PREAMBLE

AS ECOM LLC (hereinafter “the Operator”), located at 2105 Vista Oeste NW, Suite E #2117, Albuquerque, NM 87120 , USA and registered in Michigan under number 802536617, is the owner of the marketplace (hereinafter “the Marketplace”) accessible from the https://www.sumxpace.com website .
In addition, Smart up Africa Businesses (hereinafter “Subcontractor Operator”), a simplified joint stock company (SAS), located at COCODY LES II PLATEAUX, ^7e TRANCHE, 28 BP 1676 ABIDJAN 28, and registered with the Trade and Personal Property Credit Register under number CI-ABJ-03-2022-B17-00011, assists the Operator AS ECOM LLC in the operational running of the marketplace (hereinafter “the Marketplace”).
The Marketplace offers a professional intermediation service through which consumer customers (hereinafter “Customers”) can order products and services (hereinafter “Products and Services”) sold by third parties (hereinafter “Sellers”).
In this context, the Operator acts merely as a technical intermediary.
Its role is limited to hosting the Sellers’ Offers on the Marketplace and putting them in contact with Customers. CHAPTER 1.
DEFINITIONS The terms mentioned below in these Terms and Conditions of Use have the following meanings:

” Back-Office “: refers to the interface enabling the Seller to access his personal space from which he can manage his catalog of Products and services, his Orders and the monitoring of his activity and his exchanges/correspondence with the Operator and Customers.
” Boutique or store “: refers to the space allocated by the Operator to the Seller on the Marketplace, enabling the Seller to present its company, Products and services to Customers.
” Customer “: refers to any individual or legal entity acting as a consumer, accessing the Marketplace and purchasing Products and/or services from a Seller.
” Order “: refers to the purchase of any Product and/or service from the Seller by a Customer, via the Marketplace.
” General Conditions of Use ” or ” GCU ” or ” Contract “: refers to the present contractual conditions made available in the footer of the various Marketplace pages, in order to govern the use of the Marketplace by all Users.
” Seller’s GTC “: means the General Terms and Conditions of Sale that the Seller wishes to govern the sale of its Products and services via the Marketplace.
The Seller’s specific GTC may be provided by the Seller at the time of its listing on the Marketplace and must comply with all the information made compulsory by the regulations in force.
In the event of any omissions, the Seller’s GTCS shall be supplemented by the present GTCS.
” Content ” means all information, text, Product Data Sheets, logos, trademarks, animations, designs, photographs, information and generally all elements and content published on the Marketplace in accordance with the terms, form and conditions herein.
” Sales Contract “: refers to the contract between the Seller and the Customer governing the sale of a Product and/or service, consisting of the Seller’s GTCS and the Marketplace’s present GTCS.
In the event of contradiction between the two, the Operator’s GCU shall take precedence.
” User Space “: refers to the interface on the Marketplace in which all the data supplied by the User is grouped together, enabling the User to manage Orders.
Access to the User Space is via User IDs.
” Identifiers “: refers to the email address or User name and password generated by the User, required to access his/her User Space on the Marketplace.
” Marketplace “: refers to the online marketplace from which the Operator offers its Services; it is accessible from the https://abzbook.com website .
” Offer “: refers to the commercial offer relating to a Product and/or service that a Seller publishes on the Marketplace.
” Parties “: means both the Operator and the User.
” Service Provider “: refers to any natural or legal person offering Services on the Marketplace in addition to the Services offered directly by the Operator.
” Payment Service Provider ” or ” PSP “: refers to the company providing, through the Operator, payment services to the Operator and Sellers to enable them to collect payments from Customers.
” Services “: refers to any service that may be offered by a Service Provider to the Customer via the Marketplace.
Except in specific cases, the Operator does not intervene in the provision of a Service.
” Subcontractor Operator “: means the independent company appointed by the Operator to assist in the operational management of the Marketplace.
” Product and/or service “: refers to any tangible and/or intangible good that may be offered by Sellers to Customers via the Marketplace.
” Services “: refers to all the services offered by the Operator to Users via the Marketplace, and in particular the connection between Customers and Sellers.
” User “: refers to any individual or legal entity accessing and browsing the Marketplace, whether a Seller, Customer or simple Internet user.
” Seller “: refers to any natural or legal person whose Products and/or services are listed on the Marketplace.

CHAPTER 2.
PURPOSE The purpose of these General Terms and Conditions of Use between the Operator and the User is to set out the contractual provisions relating to the respective rights and obligations of the Parties in connection with the use of the Marketplace and all the Services offered therein. The Services offered to Sellers, in particular for listing on the Marketplace, are governed by the General Terms of Service.
The actual sale of Products and/or Services to Customers is governed by the Sales Contract, made up of the Seller’s General Terms and Conditions and the Marketplace’s General Terms and Conditions. CHAPTER 3.
ACCEPTANCE OF THE GENERAL CONDITIONS OF USE Any use whatsoever of the Marketplace and the Services implies the User’s unreserved acceptance of these GTU. The User therefore undertakes to read these General Terms and Conditions of Use carefully when accessing the Marketplace, and is invited to print them out and keep a copy. These GTU are referenced at the bottom of each Marketplace page by means of a hypertext link and can therefore be consulted at any time. CHAPTER 4.
TECHNICAL SPECIFICATIONS By using the Marketplace, the User acknowledges that he/she has the necessary means and skills to use the functionalities offered on the Marketplace. The equipment required to access and use the Marketplace is at the User’s expense, as are any telecommunications charges incurred by its use. CHAPTER 5.
THE OPERATOR’S ROLE

5.1.
Teneur de l’intervention de l’Opérateur The Marketplace published by the Operator consists of bringing together, by electronic means, Sellers and Customers with a view to the sale of Products and/or Services.
With the exception of cases where it acts as a Seller, the Operator has no control over the execution of Product sales, and does not intervene in the transaction between the Customer and the Seller.
The sales contract (i.e. the Seller’s GTC and the Operator’s GTC) is therefore concluded exclusively and directly between the Customer and the Seller, with the Operator acting merely as a technical intermediary.
Price indications and descriptions of Products and/or Services are drawn up by the Sellers.
The Operator is remunerated by a commission deducted from sales of Products and/or Services purchased by Customers from referenced Sellers.
Under no circumstances do the present General Terms of Use confer upon Users the status of employee, representative, subcontractor, agent or representative of the Operator. 5.2.
Loyauté, clarté et transparence As operator of the Marketplace, the Operator acts in a neutral, clear and transparent manner.
No capital link or legal dependency with any of the Sellers listed on the Marketplace influences the ranking or listing of Products and/or Services. The Products and/or Services presented to users on the Marketplace are listed by sector/category. CHAPTER 6. ONLINE REVIEWS After purchasing products and/or services on the Marketplace, the Customer may leave a review of his or her purchasing experience, and in particular of the Seller’s performance and the Products and/or Services sold. The Customer may also leave a review in the event of using the services of a courier/transporter via the Marketplace. The Vendor has the possibility of interacting with Customer reviews of its products and/or services. The Operator and its subcontractors are responsible for moderating reviews. However, the Operator provides a free feature (Report abuse) which enables any User to report a problem with a review. Also, any User wishing to write to the Operator about a particular review is invited to do so at the following address: [email protected] After the fact, and in the event of a relevant report, the Operator undertakes to delete a review insofar as it :

Does not comply with these GU;
Contains offensive, defamatory, racist or illegal content.

CHAPTER 7.
CONDITIONS OF ACCESS AND REGISTRATION Any User may access the Marketplace, consult the Products and/or Services offered and benefit from the Services described in section 8.1 of these GCU.
Users wishing to become Customers or Sellers are invited to follow the steps described below: 7.1.
Inscription en tant que Vendeur Sellers wishing to offer Products and/or Services on the Marketplace are asked to complete a registration request form via the dedicated page. If necessary, our team will contact you by email or via a 15-30 minute call to discuss the fundamentals of your business and provide additional information. This exchange is essential, as we want to lay the foundations for a solid partnership with each and every Seller. Before registering, the seller is invited to read the GTC governing the contractual relationship between the Operator and the Sellers. Registration on the Marketplace is free of charge. Each registration request is subject to validation by the Operator, who may accept or refuse it without being obliged to provide any justification. Once a seller’s registration has been accepted, he/she will be asked to provide all the information required for listing, in particular: description of his/her store, contact telephone number and e-mail address, address, logo, cover image, description and images for each item/product/service. In addition, each seller must provide a bank account in the name of his company in order to receive bank transfers following sales made on his products and/or services. The Seller undertakes to provide the Operator with accurate, fair and up-to-date data, which does not infringe the rights of third parties in any way whatsoever, and to communicate to the Operator any necessary updates to the data communicated at the time of registration. We invite each seller to take note of the training modules available in their back-office via the ” Docs “These will guide you step-by-step through the process of getting to grips with your store, so that you can make the most of the Marketplace’s full potential. 7.2.
Inscription en tant que Client Any User wishing to have access to all the functionalities offered by the Marketplace must first create a User Space in order to become a Customer. Registration on the Marketplace as a Customer is free of charge. To create a User Space, the User is asked to provide the information requested by the Operator. The User wishing to become a Customer undertakes to provide the Operator with accurate, fair and up-to-date information, which does not infringe the rights of third parties in any way whatsoever, and to provide the Operator with any necessary updates to the information provided at the time of registration. The e-mail address, user name and password constitute the Customer’s Identifiers.
The Customer undertakes to create a single User Space on the Marketplace.
The Operator declines all responsibility for any harmful consequences that may result from the use of multiple User Spaces for a single Customer.
The User is entirely responsible for the accuracy and updating of the data communicated when opening and managing his User Space. 7.3.
Identifiants The User shall be solely responsible for the use of his Identifiers or actions taken through his Private Space.
Should a User disclose or use his/her Identifiers in a manner contrary to their intended purpose, the Operator may delete the User Space without notice or compensation.
Under no circumstances shall the Operator be held liable in the event of usurpation of a User’s identity.
Any access and action carried out from a User’s User Space will be presumed to be carried out by that User, insofar as the Operator is not obliged and does not have the technical means to ensure the identity of persons accessing the Marketplace from a User Space.
Any loss, misappropriation or unauthorized use of a Customer’s Identifiers and the consequences thereof are the sole responsibility of the User, who is required to notify the Operator without delay by e-mail to the following address: [email protected]. 7.4.
Désinscription d’un Utilisateur The User may close the User Space at any time by sending an e-mail to [email protected]. The Operator will deactivate the User Space as soon as possible and will send the Customer an e-mail confirming the closure of the Account.
Closure of the Account does not entail immediate deletion of the data required by legal requirements.
Users wishing to have their data deleted must make an explicit request to the Operator. CHAPTER 8.
SERVICES

8.1.
Services offerts à tout Utilisateur All Users have free access to the Marketplace and its various functionalities, with the exception of the Services reserved exclusively for Sellers, which are subject to a charge.
The main Service offered by the Operator consists in offering all Users the possibility of consulting the Products and/or Services listed by sector/category with a view to purchasing them from the Sellers listed on the Marketplace.

8.1.1.
Recherche par nature sectorielle/catégorie

The User may access the various Products and/or Services according to their respective sector/category. By clicking on the sector/category of your choice, you can access all the corresponding products/services.

8.1.2.
Recherche par le moteur de recherche de la Marketplace

The User may use the Marketplace search engine to search for a blind, Product and/or Service. 8.2.
Services proposés aux Clients By creating a Space in accordance with section 7.2.
of these GCU, any Customer may access the following functionalities:

8.2.1.
Commandes de Produits et/ou Services

Any Customer may place an Order for Products and/or Services offered by Sellers via the Marketplace.
All Orders for Products and/or Services shall be governed by the GTCS of the relevant Seller and the present Marketplace GTCS.
The Marketplace Ordering process takes place in the following stages:

To order a Product, the User must select the desired Product and click on the “Add to basket” tab. They can add other Products if they wish.
They can see the summary of their Order by clicking on the “Basket” tab.
You can then modify or correct your Shopping Cart.
To continue with the Order, the User must click on the “Confirm Order” button.
If the User already has an Account, he/she must enter his/her e-mail address and password to log in.
If they do not have an Account, the User must create one to finalize their order and pay the corresponding amount.
By clicking on the “Order” tab, the User accepts, without reservation, these Marketplace Terms and Conditions of Sale and the Terms and Conditions of Sale of the Seller marketing the Product purchased.
The Seller’s General Terms and Conditions of Sale are available on each Seller page.
Once payment for the Order has been confirmed, the Customer will receive an Order confirmation e-mail.
Upon dispatch of the Order by the Seller, the Customer will receive an e-mail confirming dispatch of the Product.
If the Customer has purchased Products from different Sellers, he/she will receive a shipment confirmation e-mail from each Seller.
The sales contract is formed between the Customer and the Vendor upon payment by the Customer of the Order.

The payment methods offered to Customers via the Marketplace are provided by Payment Service Providers such as Stripe.

8.2.2.
Suivi des Commandes

By creating a User Space, Customers can track and manage their Orders in progress.
Customers can access the history of all their Orders in the “Orders” tab.

8.2.3.
Avis

In accordance with Chapter 6 of these GCU, the Operator makes available to Customers means enabling them to evaluate a Vendor following the Ordering of a Product and/or Services. CHAPTER 9.
DELIVERY OF PRODUCTS & SERVICES BY VENDORS

9.1. Delivery charges The delivery costs to be paid by the Customer will be communicated during the Order process at the final stage before payment. 9.2. Terms of delivery The Products are delivered by the Vendor to the address indicated by the Customer when placing the Order.
The Customer selects and validates the delivery method when placing the Order.
The Customer may choose between the different delivery methods offered by the Vendor (Flat-rate, Free, Collection) and the corresponding charges.
Customers can track the status of their Orders in the “Order” section of their Account. 9.3. Receipt of products The Customer is invited to check the condition of the Products upon receipt in order to confirm their conformity with the Order. In the event of apparent damage to the parcel, when the parcel is hand-delivered to the customer and when it is possible to check the Product at the time of delivery, the customer must immediately express reservations about the condition of the parcel and the Product to the carrier, if the Product or its packaging has been damaged in transit.
The customer must also immediately inform the seller of the situation with supporting images by email or any other suitable means to change the product against the return of the damaged product if requested by the seller but at no cost to the customer.
In the event of non-conformity of the package or damaged package not exchanged by the seller, the customer must refer to section 9.5.
of these GCU. 9.4. Delay/non-delivery In the event of delay, total or partial non-receipt of the Product(s)/Service(s) ordered, the Customer is invited to contact the Seller from the agreed delivery date in order to deal with the problem.
The Customer may contact the Seller via his Account in the “Conversations” tab or via the Seller’s page in the “Contact” tab.
If no response is received within 48 hours, or if the Seller’s response is unsatisfactory, the Customer may ask the operator to refund the amount paid for the order in question. 9.5.
Produit retourné au Vendeur If a Product is returned to the Vendor for a reason such as “unclaimed” or “does not live at the address indicated”:

in the event of agreement between the Customer and the Vendor, the Product is reshipped to the Customer.
The Customer is responsible for payment of the corresponding costs (product return costs and reshipment costs).
if no agreement is reached, the Customer will be refunded the price of the Order (minus the cost of returning the Product, the transaction costs for the refund and the shipping costs already paid to the carrier);

9.6.
Cas de remboursement du client sans déduction de frais In the event of a problem relating to the preparation of the order (such as: wrong Product received) or to delivery (such as: late delivery, total or partial non-receipt of the Product(s) ordered, Product(s) damaged in transit), the Customer is invited to contact the seller from the agreed delivery date in order to deal with the problem.
Customers can contact the seller via their Account by clicking on the “Conversations” tab (select the relevant seller as the recipient).
In the event of no response within 48 hours, or in the event of an unsatisfactory response from the Seller, the Customer may contact the Operator’s customer service department in order to deal with the problem.
The customer can report his problem to the Operator via his Account by clicking on the “Conversations” tab (choose ‘sumxpace Admin’ as the recipient).
The customer may ask the Operator to refund the amount paid for the part of the order concerned without deduction of any costs on our part. 9.7. Delivery by a carrier partner of the operator Products marketed by Sellers are shipped internationally by DHL, the Operator’s official carrier.
For local deliveries, Sellers are invited to use the carrier of their choice.
In the future, the Marketplace will directly integrate delivery agents who can ensure local deliveries in each country where the Sellers are located.
Sellers are free to use the carrier/service provider of their choice for international shipments, as well as for national deliveries. CHAPTER 10.
RIGHT OF WITHDRAWAL AND EXCEPTIONS

10.1.
Cas d’exercice du droit de rétractation In accordance with the legal provisions in force and unless one of the exceptions listed below is applicable, you have the right to withdraw from your order without giving any reason within 14 days from :

The date on which you, or a third party designated by you (other than the carrier), took physical possession of the goods purchased (or of the last good, lot or part if the contract covers the delivery of several goods or several lots or parts shipped separately by the same seller) or ;
The date on which you entered into the contract for services.

The 14-day period begins the day after you take possession of the purchased goods.
If this period expires on a Saturday, Sunday or public holiday, the expiry date is extended to the next working day.
Certain items, listed below in the “EXCEPTIONS TO RIGHT OF RETURN” section, are not eligible for return. 10.2.
Cas exclus du droit de rétractation In accordance with current legal provisions, the right of withdrawal does not apply to :

the delivery of products that cannot be returned for reasons of hygiene or health protection, if you have unsealed them or if, after delivery, they have been inseparably mixed with other items;
the delivery of audio or video recordings or computer software when you have unsealed them after delivery;
the delivery of products that have been made to your specifications or clearly personalized;
the supply of products likely to deteriorate or expire rapidly;
the supply of services fully executed by a Seller for which you have accepted, at the time of placing your order, that he begin their execution, and waived your right of withdrawal;
the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for these publications;
the supply of alcoholic beverages, the value of which agreed at the conclusion of the contract depends on market fluctuations beyond the control of the Sellers;
the supply of digital content (including applications, digital software, e-books, MP3s, etc.) which is not supplied on a tangible medium (for example, on a CD or DVD) if you have agreed, at the time of placing your order, that the Seller will begin supplying it before the end of the withdrawal period and have waived your right of withdrawal.

10.3.
Modalités d’exercice du droit de rétractation You must notify each Seller concerned of your decision to withdraw from your order via the “Conversations” tab in your User Area, which is your private account.
The Vendor will inform you of the procedure to follow for returning the product, which is at your expense, except in the case of a commercial favor on the part of the Vendor.
To comply with the withdrawal deadline, simply send your withdrawal request before the 14-day period expires.
For further information on the scope, content and instructions for exercising your right of withdrawal, please contact our Customer Service department at [email protected].
Please note that you must return the product(s) no later than 14 days from the date on which you notify us of your decision to withdraw in their original condition with packaging.
You are responsible for any depreciation in the value of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s). 10.4.
Effet de la rétractation If you exercise your legal right of withdrawal, we will reimburse you the price of the item, less transaction costs and shipping costs already paid to the carrier, within 14 days of receipt of the returned package by the Vendor.
Please note that in exercising your right of withdrawal, you are responsible for the return shipping costs, unless the Vendor decides to grant you a commercial favor.
We will use the same method of payment you used for your original order, unless you expressly agree to a different method. CHAPTER 11.
FINANCIAL PROVISIONS

11.1.
Prix de vente et modalités de paiement The sale prices of Products & Services on the Marketplace are indicated in the currency chosen by the User, but do not include delivery costs, which will be indicated to the User during the purchase process, before the final validation of his/her Order.
Prices shown are inclusive of all taxes for local customers of each seller, but exclusive of VAT (Value Added Tax) for international customers, who will be required to pay VAT on delivery of the products and any other taxes due, such as customs duties where applicable.
International customers are responsible for obtaining all information relating to the various taxes payable in their respective countries.
Sellers are free to set the prices of the Products & services they sell through the Marketplace.
In particular, in the case of price reduction announcements, the Seller is free to determine the reference price, the price reduction and the reduced price announced.
The User is hereby informed that the Operator owning the Marketplace has no control over the reality or fairness of the reference price determined by the Seller.
Customers pay for their Orders directly to the Operator, according to the payment methods available on the Marketplace.
Payment for Orders placed via the Marketplace is made to the Operator via payment service providers such as Stripe, which collects the funds on behalf of the Operator, who in turn remits the amounts due to the Sellers.
Any Order from a Customer who has not paid in full or in part for a previous Order, or with whom a payment dispute is in progress, may be refused. 11.2. Billing For each sale of Product/Service, the Customer will be able to access his invoice which will be :

is included in the delivery package,
is accessible from the Account via the order history,
or sent to the Customer by e-mail when the Order is confirmed.

11.3. Customer reimbursement terms The operator will use the same means of payment that the Customer used when placing the Order to reimburse the Customer, regardless of the reason for reimbursing the Order (after deduction of transaction fees and shipping costs where applicable). 11.4. Operator commissions The operator currently has 2 commission offers to remunerate itself for each sale made on the Marketplace:

Offer 1: The Discovery Plan, with a commission rate of 7%, is the offer that enables you to take advantage of all Marketplace services, but with a restriction to 7 products that sellers who have opted for this offer can publish.
Offer 2: The Infinity Plan, with a commission of 15%, allows you to take advantage of all Marketplace services without any restrictions.

For more details on each offer, please consult the dedicated page. CHAPTER 12.
OBLIGATION OF THE PARTIES

12.1.
Obligations des Utilisateurs When using the Marketplace, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Terms of Use. Each User is obliged to :

Behave in a fair and lawful manner towards the Operator and third parties
Be honest and sincere in the information provided to the Operator and, where applicable, to third-party Users.
Use the Marketplace in accordance with its purpose as described in these GCU.
Not to divert the purpose of Marketplace to commit crimes, offences or contraventions punishable under the French Penal Code or any other law.
Respect the privacy of third parties and the confidentiality of exchanges
Respect the Operator’s intellectual property rights relating to the elements of the Marketplace and, where applicable, the intellectual property rights of other Users.
Not to modify information put online by the Operator or by another User
Do not use the Marketplace to send unsolicited bulk messages (advertising or otherwise).
Not to disseminate data that would diminish, disorganize, slow down or interrupt the normal operation of the Marketplace.

In compliance with the legal and regulatory provisions in force, the User undertakes not to disseminate any message or information :

Constituting wrongful denigration of the Operator or Marketplace Users
Contrary to public order and morality.
of an abusive, defamatory, racist or xenophobic nature, or damaging to the honour or reputation of others
Inciting discrimination or hatred of a person or group of persons on the grounds of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion.
Threatening a person or group of persons
Of a paedophile nature
Inciting to commit an offence, a crime or an act of terrorism or glorifying war crimes or crimes against humanity
Inciting suicide
Directly or indirectly enabling third parties to obtain pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs, and in general any software or other tool enabling infringement of the rights of others and the security of persons and property.

The User undertakes, insofar as he is subject to tax obligations, to comply with all his tax obligations, in particular with regard to VAT, customs duties and any other taxes due. 12.2.
Obligations de l’Opérateur The Operator’s general obligation is an obligation of means.
The Operator is under no obligation of result or reinforced means of any kind. The Operator undertakes to make every effort to ensure continuity of access to and use of the Marketplace 7 days a week, 24 hours a day. However, the Operator wishes to draw Users’ attention to the fact that current Internet communication protocols cannot guarantee the infallible transmission of electronic exchanges. In addition, the Operator undertakes to provide clear, transparent and fair information on the terms and conditions of its intervention, in particular within article 5.2.
of these GCU. CHAPTER 13.
RESPONSIBILITIES

13.1.
Principes généraux The Operator declines all responsibility in particular:

In the event of temporary inability to access the Marketplace for technical maintenance or updating of published information.
Users acknowledge that the Operator may not be held liable in the event of malfunctions or interruptions in said transmission networks;
In the event of virus attacks or unlawful intrusion into an automated data processing system
In the event of abnormal use or illicit exploitation of the Marketplace by a User or a third party
Regarding the content of third-party websites to which hypertext links on the Marketplace refer
In the event of non-compliance with these GCU attributable to Users ;
In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in chapter 14 of these GCU.
In the event of an external cause not attributable to the Operator
In the event of an unlawful act by a Seller, or a breach of contract by a Seller in connection with the sale of a Product and/or Service.
Any problem encountered in the execution of the Order by the Vendor.

In the event of abnormal use or unlawful exploitation of the Marketplace, the User shall be solely liable for any damage caused to third parties and for the consequences of any claims or actions that may arise therefrom. Consequently, the operator cannot be held liable for :

of the Product pages and of the Vendors’ blinds, and more generally of all content and/or information provided by the Vendors concerning the characteristics of the Products, their condition or their price, the Vendors being solely responsible for the proper performance of their legal obligations to provide pre-contractual information to Customers as well as for the truthfulness, completeness and updating of the information and content they provide, except in the event of proven fault on the part of the operator;
notices posted by customers following their Orders;
advice given through the Marketplace by third parties.

In addition, the operator is under no general obligation to monitor the information transmitted by Sellers and stored within the Marketplace on their behalf. Finally, we remind you that :

Products are marketed by Sellers on the Marketplace under their sole responsibility;
the Operator is not a party to the sales contract concluded between Customers and Sellers when Orders are placed.

13.2.
Statut d’Opérateur hébergeur With the exception of cases where the Operator acts as a Seller, Users acknowledge that the Operator acts as a host. In this respect, the Operator reserves the right to remove any content that has been brought to its attention and that it considers to be manifestly illicit within the meaning of the law and regulations. Notification of manifestly illicit content by a User or any other third party must be made by e-mail to [email protected] or via the “Report abuse” option at the bottom of each product page/leaflet. To be valid, the notification must include the following information:

Notification date
If the notifier is a natural person: surname, forenames, profession, domicile, nationality, date and place of birth; if the applicant is a legal entity: legal form, name, registered office and legal representative body.
The name and address of the addressee or, in the case of a legal entity, its name and registered office.
Description of the facts in dispute and their precise location
The reasons why the content must be removed, including legal provisions and factual justifications
A copy of any correspondence sent to the author of the litigious information or activities requesting their interruption, withdrawal or modification, or justification that the author could not be contacted.

13.3.
Litiges entre Clients et Vendeurs With the exception of cases where the Operator is a Seller, it is hereby specified that any dispute arising between a Customer and a Seller shall be dealt with as a matter of priority between them, the Seller remaining solely responsible for the execution of the sale of its Products and/or Services carried out via the Marketplace.
For any other claim related to a third-party Seller, the Customer must contact the Seller concerned via the Contact tab available on the Seller’s store page, or via the “Conversations” tab available in the Customer’s account.
In the event of a well-founded complaint which is not promptly resolved (e.g. hidden defect recognized by the manufacturer, non-conformity, lack of response from the Seller, etc.) within a certain reasonable period of time (48 hours on average), the Customer is invited to refer to article 9 and article 10 of these GCU. CHAPTER 14. FORCE MAJEURE The Operator shall not be held liable if the non-performance or delay in the performance of any of its obligations described in these GCU is due to force majeure. Force majeure in contractual matters occurs when an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling his obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract.
If the impediment is definitive, the contract is terminated ipso jure and the parties are released from their obligations under the conditions provided for by law. In this respect, the Operator may not be held liable, in particular, in the event of an attack by hackers or others or any interruption of electronic communications networks, nor in the event of any circumstance or event beyond the Operator’s control occurring after the conclusion of the GCU and preventing its performance under normal conditions. It is specified that, in such a situation, the User may not claim payment of any indemnity and may not bring any action against the Operator. In the event of the occurrence of any of the above events, the Operator will endeavour to inform the User as soon as possible. CHAPTER 15.
INTELLECTUAL PROPERTY

15.1.
Titularité des droits de propriété intellectuelle des Vendeurs As part of the sale of Products and/or Services via the Marketplace, Sellers may present photographs, trademarks, logos, designs and other models (Content) belonging to them or to third parties, with their prior consent.
Any Seller offering Products and/or Services for sale via the Marketplace guarantees that it has the right to make a representation of all Content, in particular relating to its Offers.
In any event, with the exception of cases where the Operator acts as a Seller, the Operator may in no case be held liable for any act of counterfeiting, given its simple capacity as host of Content published by Sellers. 15.2.
Titularité des droits de propriété intellectuelle de l’Opérateur The User acknowledges the Operator’s intellectual property rights in the Marketplace, its components and related content and waives any right to contest these rights in any form whatsoever. The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Marketplace, with the exception of Content published by third-party Sellers, are the exclusive intellectual property of the Operator and may not be reproduced, used or represented without express authorization, under penalty of legal action. Any representation or reproduction, in whole or in part, of the Marketplace and its contents, by any process whatsoever, without the prior express authorization of the Operator, is prohibited and shall constitute an infringement punishable under the French Intellectual Property Code. Acceptance of these GCU constitutes recognition by Users of the Operator’s intellectual property rights and an undertaking to respect them. The Operator grants a personal, non-exclusive and non-transferable license to Users to use the Marketplace and the information contained therein in accordance with these TOU. Any other use of the Marketplace and its content is excluded from the scope of this license and may not be made without the Operator’s express prior authorization. CHAPTER 16.
PROTECTION OF PERSONAL DATA

16.1.
Concernant les traitements réalisés par l’Opérateur In the course of operating the Marketplace, the Operator may collect personal data. This data is necessary for the management of the Marketplace and the processing of Orders, and if the User has expressly chosen this option, also to send him communications proposing personalized offers and services, unless he no longer wishes to receive such communications from the Operator. Data may be communicated in whole or in part to the Operator’s service providers. In this respect, the User is invited to consult our Personal Data Policy, which will provide him/her with all the information relating to the protection of personal data and the processing carried out via the Marketplace. 16.2.
Concernant les traitements réalisés par les Vendeurs The Seller may need to collect and process the personal data of Marketplace Customers for the sale and delivery of the Products and/or Services sold.
In this respect, the Seller guarantees the Operator that it will process such data in compliance with the rights and obligations relating to the protection of personal data. CHAPTER 17.
CUSTOMER SERVICE Any questions or complaints concerning the use or operation of the Marketplace may be made in the following manner:

By e-mail to the following address: [email protected];
By post to one of the following addresses:
- New Mexico:

AS ECOM LLC 2105 Vista Oeste NW Suite E #2117 Albuquerque, NM 87120 United States of America

- Abidjan:

SMART UP AFRICA BUSINESSES Cocody les II plateaux, 7e tranche, 28 BP 1676 Abidjan, Côte d’Ivoire

All costs incurred in connection with exchanges with the Operator’s customer service department (e.g. sending letters requesting information) are at the User’s expense. CHAPTER 18. VALIDITY OF GTU If any provision of these GCU is found to be invalid by any applicable law or regulation and/or by any court decision having the force of res judicata, such provision shall be deemed to be unwritten, but shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Such modification or decision in no way authorizes Users to disregard these GCU. CHAPTER 19.
MODIFICATION OF THE GGU These GCU apply to all Users browsing the Marketplace. The Operator reserves the right to modify and update the GCU at any time, in particular to adapt to changes in legislation or regulations. The applicable GCU are those in force at the time of browsing the Marketplace. CHAPTER 20.
GENERAL PROVISIONS The fact that one of the Parties has not required the application of any clause of these GCU, whether permanently or temporarily, shall in no case be considered as a waiver of said clause. CHAPTER 21.
APPLICABLE LAW THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN USER AND OPERATOR ARE GOVERNED BY U.S. LAW. In the event of a dispute arising between the Operator and a User concerning the interpretation, performance or termination of these Terms and Conditions, the Parties shall endeavor to settle the dispute amicably. All disputes arising under this Agreement that cannot be settled amicably shall be submitted to the jurisdiction of an arbitration panel in the State of Michigan.
User agrees that the Federal Arbitration Act, applicable federal law and the laws of the State of Michigan (without regard to principles of conflict of laws) shall govern these Terms of Use and any dispute of any nature whatsoever that may arise between User and Operator.
There are no judges or juries in arbitration, and court review of an arbitration award is limited.
However, an arbitrator may award, on an individual basis, the same damages and remedies as a court (including injunctive and declaratory relief or statutory damages) and must abide by the terms of these Terms of Use as a court would.
To initiate arbitration proceedings, you must send a letter requesting arbitration and describing your claim to our legal representative REPUBLIC REGISTERED AGENT LLC, 405 W. Greenlawn Ave, #g11, Lansing, Michigan 48910.
The arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its rules, including the AAA’s supplemental procedures for consumer disputes.
The AAA rules are available at www.adr.org.
The AAA rules govern the payment of all filing, administration and arbitration fees.
You may elect to conduct the arbitration by telephone, on the basis of written submissions, or in person in the State of Michigan or other mutually agreed upon location.
Both User and Operator agree that any dispute resolution proceedings will be conducted solely on an individual basis and not as part of a class, consolidated or representative action.
If for any reason a claim is submitted to a court rather than arbitration, User and Operator respectively waive any right to a jury trial.
Both User and Operator also agree that either of us may take legal action to prevent infringement or other misuse of intellectual property rights.
Alternatively, if the disputes involve Smart up Africa Businesses, which is the subcontracting company involved in the operational running of the Marketplace (a management agreement has been drawn up for this purpose with the Operator AS ECOM LLC), Users may, if they so wish, bring such disputes, which could not be settled amicably, before the jurisdiction of the Courts in Abidjan. CHAPTER 22.
OUR ADDRESSES AND CONTACTS We can be reached at the following addresses and contacts: Address 1: AS ECOM LLC 405 W. Greenlawn Ave, #g11 Lansing MI 48910 United States of America Address 2: AS ECOM LLC 2105 Vista Oeste NW Suite E #2117 Albuquerque, NM 87120 United States of America Address 3: SMART UP AFRICA BUSINESSES Cocody les II plateaux, 7e tranche, 28 BP 1676 Abidjan Côte d’Ivoire Email 1: [email protected] (Customer service and general questions about our services) Email 2: [email protected] (Technical support only)

Terms Conditions of Use – BETA

PREAMBLE

abzbook