The online sales service mybest-sarl.com managed by the company MYBEST allows the linking of sellers of buyers of products, articles and services (hereinafter referred to as the Articles). Sellers and Buyers are hereinafter jointly referred to as Partners. Mybest-sarl allows the conclusion of contracts for the sale of articles. The Partners are the only decision makers of the realization of the purchase and the sale of the articles.
The acceptance of these General Conditions of Use of mybest-sarl.com by the partners is a mandate given to MYBEST as a platform to put Sellers and Buyers in contact with each other and to carry out the Transactions carried out on the MYBEST website according to the terms and conditions set out above after
The purpose of these general conditions of use of the mybest-sarl.com website is to define the conditions under which the partners will be authorized to use the site for the purpose of carrying out their linking.
02 OBLIGATIONS OF MYBEST
2.1 MYBEST undertakes to make available to the Partners on the site mybest-sarl.com the offers of the Sellers. MYBEST receives, for this purpose, mandate from the Seller to make available to the Buyer the offers provided by the Seller and to domicile in his account before transfer into the seller's account, the sums arising from the transaction. MYBEST undertakes to ensure the processing of any claim arising from the sale of an article on its site.
2.2 MYBEST can also sell articles on the site. For the avoidance of doubt, sellers will be clearly labeled by their respective brand.
2.3 In case of non-compliance by a partner of the General Conditions of use of the site, MYBEST reserves the right at any time to withdraw this partner from its list by suspension or simply by definitive cancellation.
03 SALES PROCESS
The Sale is deemed made between the Buyer and the Seller as soon as the Buyer has confirmed his unconditional agreement to the Seller's offer and that MYBEST has received full payment of the Transaction Price. The sale is deemed to have taken place when MYBEST has returned the amount due (item price and postage) to the seller's account; the payment of the Price of the article by the Buyer to MYBEST worth agreement of the said offer. The Buyer acknowledges that its acceptance of the offer is made in consideration of the description of the article object of the sale and that it is a firm commitment to contract with the Seller on the terms of the offer.
04 OBLIGATIONS OF SELLERS
4.1 The Seller undertakes that any offer of an article corresponds to a material good of which he has the full and complete property and selling capacity, available immediately.
4.2 The Seller undertakes to describe the article offered for sale according to the criteria selected by MYBEST 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 MYBEST in the referencing form, the price of the article, the weight of the article, its dimensions and where applicable, the Code of the article.
4.3 The Seller is solely responsible for the proper performance of the obligation to inform buyers of the essential characteristics of the good. He is solely responsible for the description of the property he offers for sale. It guarantees MYBEST of any claim relating to the content and form of the said description. The Seller agrees to carry out all validations, verifications and make all necessary clarifications so that the description and the elements of the offer are faithful and do not induce the Buyer in error. In case of error of the description, elements of the offer, the Seller will assume only the additional costs and no claim on his part will be admissible as such from the Buyer or MYBEST.
4.4 The Seller is solely responsible for the proper performance of the obligation to deliver the ordered item. The Seller agrees to send, at his expense, the properly packaged item no later than two business days after the date of communication of the address of the buyer. The article travels at the risk and expense of the Seller.
4.5 When sending the article to the Buyer, the Seller undertakes not to insert any advertising for himself or for anyone in any form whatsoever (message, brochure, flyer, sticker stick, etc ...). The buyer's details must be used solely for the purpose of executing the order and the legal obligations associated with it. Any other use, rental, sale, resale or copy by the Seller is explicitly prohibited.
05 REFUND CONDITIONS
5.1 MYBEST is obliged to accept the replacement or refund of the amount due to the buyer under the following conditions:
5.1.1 In case of simple withdrawal of the customer without reason within 48 hours (MYBEST shipping time)
5.1.2 In case of non-compliance or hidden screw of the article.
5.1.3 In the event of loss of parcels by postal services within 90 days (postal deadline)
5.1.4 In case of non availability of the article
5.1.5 In case of deterioration of the article by the carrier, in this case the customer should refuse to receive the package clearly indicating the object of his refusal.
5.2 The return of an article will only be accepted if it is the subject of a complaint and that the Buyer follows the instructions issued by the MYBEST after-sales service. Buyer agrees to properly pack the item for shipment
06 PURCHASER'S OBLIGATION: GOODS SUBJECT TO REGULATIONS SPECIFIC TO IMPORTATION
International trade is generally free.
However, in trade flows, imports or exports of certain goods are, because of their particularly sensitive nature, subject to restrictions or the prior fulfillment of particular formalities and may require the passage through designated inspection points, especially in the import.
It is the duty of the buyer, to approach customs before any international trade involving products whose main types of restrictions are mentioned below.
6.1 Animals, products of animal origin, animal feed, plants, foodstuffs
These products are subject to a veterinary, phytosanitary or sanitary control, prior to their customs clearance.
6.2 Health products
In particular, medicines are subject to an import authorization prior to importation.
6.3 Industrial products
Some industrial products are not regulated by any specific text. They are then required to comply with the General Safety Requirement (OGS) set out in Directive 2001/95 / EC of 3 December 2001 and Article 221-1 of the Consumer Code.
Other industrial products are subject to specific sectoral regulations, of Community or national origin
Imports of chemicals are regulated by the Stockholm Convention on Persistent Organic Pollutants (POPs).
The REACH regulation has also entered into force and provides for declaratory obligations with regard to importers, in particular chemical products. Finally, it is important to highlight the Community legislation on substances that deplete the ozone layer (R (EC) No 1005/2009), which declines the Montreal Protocol at Community level.
07 GENERAL DISPOSITIONS
7.1 MYBEST has the right to modify the present General Conditions according to the evolution of its offer and the market. Any changes will take effect immediately for online offers as soon as they are notified to the partners by any means chosen by MYBEST. They will not apply for transactions in progress at the time of their entry into force. Occasionally MYBEST may change the code, telephone number, perform a renumbering, interrupt the service for operational reasons, maintenance or in case of emergency.
7.2 The partner will connect to the MYBEST site using its own telecommunication terminal equipment. MYBEST does not provide the partner with any hardware, telephone installation, terminal equipment or other equipment or software.
7.3 The personal data relating to the partners are collected, recorded and stored in accordance with the provisions of the law relating to COMPUTERS, files and freedoms of January 6, 1978. The partners have the right of access and rectification provided by the law with MYBEST responsible (CNIL 1447507).
7.4 In case of force majeure, the obligations of the prevented party will be suspended, in particular in case:
- act or omission of the government or competent higher authorities,
- blocking or failure of telecommunications networks,
- insurrections, civil war, war, military operations, state of national or local emergency, fire, lightning, explosion, strike, flood, storm, made by a third party.
7.6 This contract is subject to the law of Burkina Faso. Any dispute with a partner arising from its interpretation and / or execution is the responsibility of the Commercial Court of Bobo-Dioulasso (Burkina Faso).