Article 1: Preamble
The general sales conditions presented hereby apply exclusively to the company Lusafrica SA, 115 rue Lamarck, 75018 Paris France (hereafter designated as “We/Us” and to anyone visiting or purchasing through the website www.lusafrica.com (hereafter designated as “You”).
Any internet user can consult these general sales conditions on the website www.lusafrica.com (hereafter designated as “the Website”). As the General Sales Conditions can be subject to changes, the applicable conditions are the current ones on the Website on the day you place your order.
Article 2: Agreement
2.1 Conditions to place an order
You declare being over 18 and having the legal capacity, or holding a parental authorisation allowing you to place an order on the Website.
After having placed an order, You will receive a confirmation email from Us. We keep you informed when your order is being sent. Nevertheless, you have the possibility to edit your order until the date it is sent out.
Article 3: Price, availability and delivery
The prices showing on the Website are indicated in Euros, French taxes included (French VAT and other applicable taxes), but not including the treatment and delivery fees of your order.
We can accept order within the limits of our available stock. The availability of each product sold on the Website is mentioned on its description page. In the case of a payment by check, your delivery will only be dealt with upon receipt of the payment and the delivery delay will be the one applicable on the day of reception of your check.
If, despite our attention, the items are not available, we will inform you as soon as possible by email.
(i) In case of unavailability in the indicated delay, we reserve the possibility to offer an item of equal quality and price as substitute. In that case, the return fees consecutive to the potential exercising of your cancellation right will be at our charge. In the case we could not provide You with an article of equal quality and price or would you refuse that item of equal quality and price, you will still have the opportunity to cancel your order.
(ii) In case of permanent unavailability or if we fail to provide an item of equal quality and price, the order will automatically be cancelled. We remind you that your card is only charged upon dispatch of the order. Consequently, in the case of unavailability of an item and shall we fail to offer a replacement product, you card will not be charged.
Article 4: Custom fees
Any order made on the Website and delivered outside France could be subject to potential taxes and custom rights upon reaching destination. These custom rights and potential taxes are at your own charge and you bare responsibility for it. We do not have to be aware of them and are not obliged to inform you about them. To find out about them, we encourage you to contact your local custom authorities.
Article 5: Payment
You can pay by credit card or by check. In the case of a payment by check, the order has to be placed through email or letter.
The cards emitted by banks outside France shall be international cards. In the case of payment by card, the amount will be charged upon dispatch of the parcel.
The payment by check is only possible for checks in euro emitted by a bank domiciliated in France or Monaco. In case of payment by check, it will be cashed upon receipt.
The check will have to be written to the account of LUSAFRICA and sent to the following address:
115 rue Lamarck
Article 6: Returns
Please make sure you consult the return policy applicable to the items we sell. We have a legal cancellation right of seven (7) days to return the items to Us without further explanation.
In case of delivery of an item not corresponding to your order, or damaged by delivery –
If We accept to replace the damaged or not corresponding item, you shall return it within thirty (30) days after the date on which you received notification of acceptance of its replacement. If you fail to return the wrong or damaged item within that obligation period of thirty days, we reserve the right to charge the price of the equivalent amount of the unreturned item (VAT included), on the card with which you proceeded to the order. In that case a second sale will be considered as made by Us under suspensive condition. The suspensive condition will be fulfilled if the damaged or wrong item has not been returned within thirty (30) days after the date you were sent the substitute item.
Article 7: Property reserve
The delivered goods will remain our property until dispatch once the price has been paid off.
Article 8: Warranties and liability
You benefit from the clauses of the applicable warranty regarding latent defects.
We make no representations or warranties as to the delivered item if it does not follow the legislation of the country to which it is delivered outside France.
We use all the means we command to insure the services mentioned by the present general sales conditions. We are responsible for any direct and foreseeable damage upon using the Site or for concluding the sales agreement between You and Us. We do not in any occasion bare responsibility towards professionals for benefit, commercial, data or economic loss, nor for any indirect damage that was not foresseable upon using the Site or at the conclusion of the sales agreement between You and Us.
The limitation of the warranties here above does not apply in case of theft or of gross negligence from Us, in case of personal injury or liability from faulty items, in case of eviction and in case of non-conformity (including because of latent defects).
Article 9: License and site access
We grant You a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent for Us. This license does not include any resale or commercial use of this site or its contents (listed products, descriptions, prices, downloading or coying of account information for the benefit of another merchant, any use of data mining, robots or similar data, sounds, images, texts, page layouts, photography and extraction tools).
Article 10: Personal data protection
We commit to protecting your personal data. Any personal information provided to Us will be dealt with under confidentiality.
Article 11: Governing law and jurisdiction
These conditions are governed by and construed in accordance with French law and Vienna Convention about international sales of goods. Any dispute relating shall be submitted to the non-exclusive jurisdiction of French courts.