GENERAL TERMS AND CONDITIONS OF SALE (GTCS)
ARTICLE 1- PREAMBLE
1-1 SCOPE AND PURPOSE
These are the terms and conditions (the General Terms and Conditions of Sale or GTCS) on which we sell and/or supply Products (defined at Article 2-1), services or digital content to you (also referred to as User or Client, as the case may be). They govern all online sales and services proposed by SOLAR AFRICA SHOP LTD (defined at Article 1-4) and set out the rights and obligations of the parties here under. They supersede, extinguish and prevail over any other condition imposed by the Client or by any custom in force at the time of the sale.
1-2 WHY YOU SHOULD READ THE GTCS
Please read these General Terms and Conditions of Sale carefully before you submit your order to us (an ?Order?). These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1-3 YOUR ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE
By validating an Order, you acknowledge having read, taken cognisance and unconditionally accepted the provisions of the General Terms and Conditions of Sale in their entirety, and be contractually bound under them.
Accordingly, SOLAR AFRICA SHOP LTD undertakes to comply with all its obligations arising here under.
1-4 INFORMATION ABOUT US: SOLAR AFRICA SHOP LTD
Who we are. SOLAR AFRICA SHOP LTD is a private company limited by shares, incorporated under the laws of Mauritius, at the Registrar of Companies (RoC), bears Business Registration Number C13119478, and has its registered office at Freeport Zone MCF18, Jinfei Zone, Shanghai Road, Riche Terre - MAURITIUS ("SOLAR AFRICA SHOP LTD", "us" or "we" as the case may be).
SOLAR TRANSIT AFRICA LTD is a Franco-Mauritian worldwide importer and distributor of solar equipment, with a capital of 1,000,000.00 USD, registered at Freeport Zone MCF18, Jinfei Zone, Shanghai Road, Riche Terre - MAURITIUS. SOLAR AFRICA SHOP LTD is the exclusive e-commerce distribution platform of SOLAR TRANSIT AFRICA LTD that distributes its products in Southern and East Africa.
How to contact us: You can contact us by telephoning our customer service team at +230 260 00 20 (Monday to Friday, from 08.00 to 17.00) or by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1-5 OUR WEBSITE AND INTELLECTUAL PROPERTY
The Internet site www.solar-africa-shop.com (the "Website") is operated by SOLAR AFRICA SHOP LTD.
All components of the Website, namely texts, photos, illustrations, graphics, trade names, logos, service marks are protected by copyright, trademark and/or other intellectual property rights, and are the sole and exclusive property of SOLAR AFRICA SHOP LTD. It is strictly prohibited to reproduce, exploit, redistribute or use for any purpose whatsoever, in whole or in part, any component of the Website whether software, visual or audio. It is strictly forbidden to create any simple link or hyperlink to the Website or any part thereof without the prior written consent of SOLAR AFRICA SHOP.
The General Terms and Conditions of Sale are in the English language and define the rights and obligations of the Client and SOLAR AFRICA SHOP LTD.
ARTICLE 2- THE PRODUCTS
2-1 PRODUCT COMPLIANCE AND DESCRIPTION
The products proposed for sale by SOLAR AFRICA SHOP LTD (the "Products") comply with all Mauritian laws currently in force and applicable norms. The Products are described and presented as accurately as possible, in accordance with all the information provided by SOLAR AFRICA SHOP LTD's suppliers (each, a "Supplier"). SOLAR AFRICA SHOP LTD ensures that all relevant Product sheets describe the essential characteristics of the Products (the "Essential Characteristics") as correctly as practically possible.
2-2 PRODUCT-IMAGE VARIATION
The images and photographs of the Products on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device's display accurately matches the Products. Accordingly, the Product images and photographs and related captions (other than Product specifications) are purely indicative and are not contractually binding.
ARTICLE 3- PRICE
General. All prices are Ex Works (EXW). All prices on the Website are displayed in US$ (US Dollars), exclusive of all taxes, duties and charges, and exclusive of shipping and processing costs.
Once you confirm your Order by settling it via bank wire transfer, you signify your agreement on the Product and the corresponding price, and the sale is therefore concluded.
Promotional Offers and Sales. During promotional or sale offers, the original price of a Product will be crossed and the promotional price indicated on the Website will apply subject to any specific applicable conditions.
Price Revisions. SOLAR AFRICA SHOP LTD may revise its prices at any time. However, the Product will be invoiced according to the price in force at the time of the confirmation of the Order, and subject to availability.
3-2 VAT, TAXES, DUTIES, CHARGES AND ASSOCIATED COSTS
As mentioned at Article 3-1 above, the Website displays all Product prices exclusive of all taxes, duties, charges and associated costs.
As part of a CIF sale, SOLAR AFRICA SHOP LTD organizes and pays for shipment and insurance to your port of destination. You shall bear all transportation/shipping costs, including our carrier costs, and you shall be invoiced at the end of the Order, over and above the price of the Products.
3-3 PROPERTY AND RISK TRANSFER
The Products shall remain the sole property of SOLAR TRANSIT AFRICA LTD until full payment of the price. The responsibility, risks of loss or damage to the Products shall be transferred forthwith to you once delivered to the address you gave us you or you or a carrier organised by you collect it from us physically possess the Products ordered.
ARTICLE 4- PRODUCT AVAILABILITY
Product availability on the Website may be indicated in any one of the following:
- In stock: the Product is physically available in stock in the SOLAR AFRICA SHOP LTD warehouses and ready for shipment;
- 8 to 10 weeks (for example): the Product is available at our Supplier's and shipment will be made within 8 to 10 weeks;
- Make to Order: the Product is manufactured on demand, upon you making an Order - the shipping time will be determined in SOLAR AFRICA SHOP's quote to you;
- Pre-Order: the Product is new and you may pre-order the Product and request priority delivery. The shipment date will be communicated to you by email.
For avoidance of doubt, the above delays/timeframes start running as from your payment confirmation on the Website.
If a Product ordered is not available, we shall contact you by email or telephone to inform you of the delivery time and require your express consent, as the case may be.
However, if one of our Suppliers has withdrawn a Product from trade or from the market for any reason whatsoever, SOLAR AFRICA SHOP LTD shall withdraw the Product from sale as soon as possible. SOLAR AFRICA SHOP LTD shall not be held liable in any way to a Client on account of such a withdrawal of a Product.
ARTICLE 5- ORDER
5-1 MAKING AN ORDER
Any Order shall be deemed the Client's express and irrevocable acceptance of the price, the Product description (of the Essential Characteristics) and the present General Terms and Conditions of Sale.
To place an Order, you may proceed by Internet via the Site: www.solar-africa-shop.com 24 hours a day, 7 days a week.
We shall acknowledge receipt of your payment by email.
The Order process can be broken down 6 successive steps:
- Select the Product, quantities and validate your basket;
- Log in;
- Choose your terms of delivery: CIF (Cost, Insurance and Freight to your port of destination);
- Choose your port of destination and estimated departure date;
- Accept the General Terms and Conditions of Sale by ticking the appropriate box;
- Check out.
- Once you have confirmed your acceptance of the General Terms and Conditions of Sale and received your Proforma Invoice with SOLAR TRANSIT AFRICA LTD's bank details, you must proceed to the payment on your Order via Wire Transfer. This step shall firmly and definitely formalise and legally bind you to a contract of sale with SOLAR TRANSIT AFRICA LTD.
In case the payment of your order is not received within 15 days after placing your order, the order will be automatically cancelled.
5-2 ORDER TRACKING
To facilitate the processing of all documents related to the Order and of the invoicing, you may at any time, consult and print your documents, by accessing the "My Orders" section under "My Account".
ARTICLE 6- ONLINE PAYMENT
6-1 SECURED PAYMENT
Your validation of your Order implies your obligation to pay the indicated price.
All payment of your Order is made by Wire Transfer directly on SOLAR TRANSIT AFRICA LTD's bank account through our partner bank Mauritius Commercial Bank.
6-2 LATE PAYMENT
Your late payment of the price shall result in an additional payment of a compensation fixed fee of 60 US Dollars being due, as well as a penalty fee calculated on the basis of 3 times the legal interest rate in force.
In view of limiting fraud risks and protecting the Clients' interests, SOLAR TRANSIT AFRICA LTD may occasionally conduct checks on the validity of effected payments.
In the event of such a check, we will inform you by email of the supporting documents you will have to communicate to SOLAR AFRICA SHOP LTD Client Services for a final and definitive confirmation of the Order.
Upon completion of such a check (if conducted):
- SOLAR AFRICA SHOP LTD shall reserve the right to accept or reject the Order
- Where the supporting documents requested above are not received within a delay of 48 hours from the request thereof, SOLAR AFRICA SHOP LTD shall reserve the right to reject the confirmation of the payment and therefore reject the Order;
- Where SOLAR AFRICA SHOP LTD Client Services deems the above supporting documents non-compliant with its requirements, SOLAR AFRICA SHOP LTD shall reserve the right to reject the Order.
ARTICLE 7- PRODUCT SHIPMENT
7-1 FREIGHT FORWARDER
The Products are shipped directly to your port of destination via our freight forwarder partner (CIF sale). SOLAR AFRICA SHOP LTD sales team or our freight forwarder's agent shall contact you for a meeting upon arrival of the Products.
The Products ordered are available at our warehouse in Mauritius and shipped at the port of destination chosen by the Client at the time of the Order (CIF sale).
At the time of reception of the parcel, you are required to verify its general state.
You are further required to check the contents of the parcel in the presence of the deliverer.
Warning: all transportation risks are covered on the condition that the Client has verified the Products on their arrival and has exercised, where appropriate, its remedies against the deliverer within 48 hours of the delivery (noting any issue by expressing reserves on the delivery slip).
Claimable Products: Where the Products are made available to the Client for collection thereof at the SOLAR AFRICA SHOP LTD warehouses (in Mauritius or via freight forwarder), where such Products are ready for delivery, any delivery delay to the Client and exceeding 15 days shall bear consequences as follows:
- Render due any outstanding balance on the Products;
- Render payable [BY THE CLIENT] Product safekeeping costs on the basis of a monthly flat-rate of 2.5% (*) of the total value of the Order (*) such rate being indicative only and subject to variation depending on the country concerned.
7-3 RETURN SHIPMENT
None of the Products may be returned to SOLAR TRANSIT AFRICA LTD without SOLAR TRANSIT AFRICA LTD's express prior consent and without reshipping instructions from SOLAR TRANSIT AFRICA LTD. You may return the Products to SOLAR TRANSIT AFRICA LTD within a delay of eight (8) days from the date of your reception thereof. All reshipment costs are payable by you.
Returned Products must remain intact in their original packaging, with no trace of use, and accompanied by all related accessories, user manuals and documentation, as the case may be. Products returned incomplete,spoiled, damaged, or dirtied by the Client shall not be taken back, exchanged or refunded. You will have to address your parcel, together with the invoice to:
SOLAR TRANSIT AFRICA LTD - Return Services
Freeport Zone MCF18
Shanghai Road, Jinfei Zone
The refund of the Product(s) returned will take the form of a credit note valid for a one year period (as from its date of issue) on the Site.
ARTICLE 8- CLIENT SATISFACTION
You must be completely satisfied with the Products and the services that are proposed and rendered to you through the Site! This is why SOLAR AFRICA SHOP LTD systematically caters to every Client and Order with utmost care and attention. However, it may happen that the Product that is delivered to you does not correspond to your expectations. In such a case, Product returns/reshipments must be justified. SOLAR AFRICA SHOP LTD shall under its sole discretion determine whether a Product you claim not to be satisfied by can be exchanged or refunded. See Article 7-3.
ARTICLE 9- PRODUCT WARRANTIES
9-1 LEGAL WARRANTIES
The Products are covered by a legal conformity warranty under section 3 of the Consumer Protection Act as well as the warranty against latent defects under Article 1641 of the Mauritian Civil Code.
Any Product sold by SOLAR AFRICA SHOP LTD to a Client that does not conform with the legal conformity requirements may be returned, exchanged or refunded.
9-2 MANUFACTURER'S WARRANTY
The Products are covered by a manufacturer's warranty which vary in scope and duration according to the nature of the Products and the brands.
The manufacturer's warranty does not cover the following:
- Replacement of consumables (batteries, bulbs, fuses);
- The abnormal or non-compliant use of the Products;
- Damages due to interference by a technician not licensed by SOLAR AFRICA SHOP LTD;
- Damages arising from a cause that is external to the Product (e.g. accident, shock, lightning, electricity fluctuation...).
In any event, SOLAR AFRICA SHOP LTD shall not be liable where the manufacturer rejects a warranty claim for the reasons stated above.
All other warranties or conditions (whether express or implied) as to quality, condition, description, compliance with sample or fitness for purpose (whether statutory or otherwise) other than those expressly set out in this agreement are excluded from this agreement to the fullest extent permitted by law.
ARTICLE 10- DATA PROTECTION
10-1 PERSONAL DATA
SOLAR AFRICA SHOP LTD may collect personal data concerning you (?Personal Data?), within the limits of the Data Protection Act 2004. Accordingly, such data collection is necessary for the processing of your Order, the discharge of the obligations under the General Terms and Conditions of Sale, as well as for the enhancement of the services and information that SOLAR AFRICA SHOP LTD aims to provide you.
You hereby represent that the Personal Data are accurate, authentic and up-to-date. Your acceptance of the General Terms and Conditions of Sale constitute your express and unconditional authorization to SOLAR AFRICA SHOP LTD to collect and process the Personal Data.
Where applicable, you authorise SOLAR AFRICA SHOP to communicate the Personal Data to companies in their capacities as assigns, sub-contractors, agents, consultants, etc. for the performance of the obligations here under and the processing, management, handling of the services associated with the Orders.
Such Personal Data are also collected for security purposes to ensure legal and regulatory compliance. In accordance with sections 41 to 44 of the Data Protection Act 2004, You are entitled to access, denial of access, and rectification rights in relation your Personal Data directly on the Site by writing, by post (accompanied by satisfactory proof of identity), to SOLAR AFRICA SHOP LTD, Client Services, Freeport Zone MCF18, Shanghai Road, Jinfei Zone, Riche Terre, MAURITIUS. Further, the Client can also consult or modify his/her Personal Data by accessing the "My Account" section on the Site.
SOLAR AFRICA SHOP LTD shall file and archive all Order forms and invoices using such reliable and lasting media that shall constitute an accurate true copy, for evidential purposes, in accordance with Article 1348 of the Mauritian Civil Code. Computerised registers shall be deemed by all concerned parties as constituting evidence of communications, Orders, payment and transactions that have taken place between the parties.
ARTICLE 11 -FORCE MAJEURE
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. To the extent applicable, if the period of delay or non-performance continues for 3 months, the party not affected may terminate this agreement by giving 15 days' written notice to the affected party.
ARTICLE 12 -LIMITATION OF LIABILITY
Nothing in these General Terms and Conditions of Sale limits or excludes our liability for death or personal injury caused by our gross negligence, wilful default, fraud, defective Products contrary to the Product description and compliance under Article 2, or breach of the Product warranties under Article 9.
Subject to the foregoing, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these General Terms and Conditions of Sale for:
(i) any loss of profits, sales, business, or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill; or
(vi) any indirect or consequential loss.
ARTICLE 13 - GOVERNING LAW AND DISPUTE RESOLUTION
The General Terms and Conditions of Sale shall be governed by and construed under the laws of Mauritius.
Any dispute arising out of or in connection with the General Terms and Conditions of Sale and its subject matter (including non-contractual matters) shall be resolved amicably. Where the parties fail to reach an amicable settlement, the said dispute shall be submitted to the exclusive jurisdiction of the Mauritian courts.
ARTICLE 14 - VARIATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
SOLAR AFRICA SHOP reserves the right to adapt and vary, at any time, the present General Terms and Conditions of Sale. In the event of such variation, the revised GTCS shall become effective on the date of their online publication on the Site, and shall apply to all Orders made as from such date.
ARTICLE 15 - ENTIRETY AND SEVER ABILITY OF PROVISIONS
The General Terms and Conditions of Sale constitute the entire and sole contract between the parties and extinguish and supersede all previous agreements between them in relation to the matters hereto. If any provision of the General Terms and Conditions of Sale is or becomes invalid, void, illegal or unenforceable, all the other provisions shall remain valid and enforceable, in full force and effect.
Last updated on 1st March 2018