I. Terms and Conditions
1. Basic Provisions
1.2 The offers on africshopping.com target entrepreneurs as well as consumers. A consumer in the sense of the following regulations and in reference to § 13 of the German Civil Code is every natural person who concludes a legal transaction, e. g. the registration or the purchase of goods and services using africshopping.com, which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term entrepreneur in reference to § 14 of the German Civil Code refers to every natural person, legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession, e. g. the registration or the sale of goods and services using africshopping.com in pursuance of his/its independent professional or commercial activity.
1.3 Unless otherwise agreed upon, the inclusion, if necessary, of terms and conditions of the user is ruled out.
2. Subject of the Contract
2.1 Africshopping.com provides sellers, particularly but not exclusively in spatial proximity to the customer, a platform on the Internet to sell goods and services to consumers, as well as other services regarding the use of the platform africshopping.com.
2.2 Customers have the option to purchase goods and services on the platform.
2.3 Additionally users have the option to register for a free user account.
2.4 Africshopping only provides the technical ability to use the platform to the seller and the customer. The contracts on the goods and services offered by the seller are concluded directly between the dealer and the customer only. Africshopping is explicitly not a contractual party for agreements between sellers and customer. It is the sole responsibility of the users involved to fulfil the obligations arising from these agreements.
2.5 The details, particularly the essential characteristics of products and services
2.5.1 for distributors can be found in the product descriptions, and supplementary information on africshopping.com.
2.5.2 for customers can be found in the product descriptions, and supplementary information in the ad.
2.6 The offers made towards sellers are not binding and do not constitute a binding offer to conclude a contract.
3. Status as Entrepreneur
3.1 The possibility to register on africshopping.com as a seller is exclusively for entrepreneurs within the framework of § 14 BGB, which use the services in their pursuance of his/its independent professional or commercial activity.
3.2 AfricShopping is going to check the status of a seller as an entrepreneur before closing the contract on a regular basis.
3.3 Africshopping is entitled to documents of verification to check the status of a seller as an entrepreneur before and during the execution of the contract.
4. Conclusion of the Contract
4.1 The customer can sign up for a user account at africshopping.com.
4.1.1 For this purpose the customer clicks on the button labelled as “Sign Up” at africshopping.com and enters his/her personal data (e-mail address and password). Before the customer clicks on “Sign up”, the customer can re-check all the data, change it (which can also be done via the Internet browser’s ‘back’ function) or cancel the transaction.
4.1.2 By clicking the button labelled with “Sign up” the customer is considered to have made a binding offer to Africshopping for a contract about a user account.
4.1.3 The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which the customer receives confirmation (order acknowledgement) regarding the conclusion of the contract.
4.1.4 If the customer has not received any corresponding message within this deadline, he is no longer considered to be bound to his order. Under such circumstances, any services that have already been provided are restored without undue delay.
4.2 The user can sign up for a user account at africshopping.com for the purpose of selling goods and services to the customers.
4.2.1 For this purpose the seller clicks on the button labelled as “Sign up” and enters his shop data. Before the seller clicks on “Sign up”, the seller can re-check all the data, change it (which can also be done via the Internet browser’s ‘back’ function) or cancel the transaction.
4.2.2 By Clicking the button labelled with “Sign up” the seller is considered to have made a binding offer to Africshopping for a contract about a web shop.
4.2.3 The acceptance of the offer (and with it, the conclusion of the contract) takes place within a period of 2 days via a textual confirmation (e.g. email) in which the seller receives confirmation (order acknowledgement) regarding the conclusion of the contract.
4.2.4 If the customer has not received any corresponding message within this deadline, he is no longer considered to be bound to his order. Under such circumstances, any services that have already been provided are restored without undue delay.
4.3 The customer has the option to order products from sellers over africshopping.com. The ordering process is based on information provided by the individual seller.
4.4 The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, the customer has to ensure that the e-mail address he deposited with Africshopping is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, the customer has to ensure that the respective e-mails are not blocked by a SPAM filter.
5. Prices and Payment Arrangements
5.1 The use of africshopping.com is free of charge for customers.
5.2 The prices for sellers in the respective offers of Africshopping represent total prices. They include all the price components, including all the incidental taxes.
5.3 The merchant receives an invoice showing VAT via email.
5.4 Unless otherwise stated in the individual payment, the payment claims of Africshopping resulting from the contract with the seller are immediately due for payment.
5.5 Sellers must have a valid PayPal account and a bank account details on file with AfricShopping at all times. All transactions are being processed either through bank transfer or PayPal Secure Chained Transaction System. At the time of transaction PayPal fees may be applicable.
6.1 Africshopping.com is available for 99.8% of the year.
6.2 This does not include time necessary for maintaining the servers of africshopping.com and any downtime that Africshopping is not responsible for.
7. Limitations on Selling Goods
The sales of the following goods are prohibited:
7.1 Weapons, weapon accessories, including deactivated firearms, munitions, hand grenades (also if these are being sold as souvenirs), EMP weapons, tasers or similar products.
7.2 Pepperspray/mace or similar goods.
7.3 Pornographic media or any media harmful to young persons, including products with a “Restricted” or “18 and over” rating as well as media without the rating according to §§ 12 and 13 of the Child Protection Law.
7.4 Drugs, Cannabis and all articles for their consumptions e.g. bongs and chillums.
7.5 Tobacco products (especially: cigars, cigarettes, shisha tobacco, cigarette tobacco or similar products).
7.6 Human and animal sculptures
8. Responsibility for Content and Indemnity
8.1 Users can publish their own content on the platform. The users are obligated to not transmit or publish any content or data, that violates third party rights (in particular copyrights, name rights or trademark) or infringe existing laws.
8.2 The offers published by the sellers on africshopping.com are not checked by Africshopping unless there is concrete indication of an infringement in an offer, which in particular includes the certain knowledge about an infringement in an offer. It is the sole responsibility of the seller to check the correctness, completeness and legality of a certain offer. Africshopping in particular is not responsible for the accuracy and completeness of any offers or the quality of the services offered.
8.3 Africshopping is permitted to temporarily block or completely delete on its sole discretion certain content published or made available otherwise if statutory rights or provisions of the agreement are violated. Africshopping is also permitted to block certain content if Africshopping has a concrete indication for repeated violation of statutory rights or provisions of this agreement.
8.4 Before temporarily blocking or completely deleting content, Africshopping will take into account the legitimate interests and the negligence of the user. If possible Africshopping will confine the temporary blocking or complete deleting to actually affected content or user(s).
8.5 Africshopping will inform the user without any undue delay about the reasons for temporarily blocking or completely deleting the content in text form (e. g. e-mail).
8.6 In case of a temporary block Africshopping will grant the user full access to the platform without any undue delay as soon as any suspicion for a further violation of statutory law or of the provisions of the Terms and Conditions are ruled out.
8.7 The user indemnifies Africshopping from all claims caused with negligence of third parties due to the violation of their intellectual property rights which occur from publishing or making available otherwise through the service. The indemnity covers in addition the reimbursement of reasonable costs for legal defence, arising out of the illegal or improper use of africshopping.com. The indemnity requires that an amicable settlement or an acknowledgment on claims by third parties is only given with the prior written consent of the user.
9.1 Unless subsequently agreed otherwise the statutory warranty rights of the German Civil Code (Bürgerliches Gesetzbuch, BGB) are applicable.
9.2 The liability regardless of negligence or fault of Africshopping for initial defects as stated in § 536a BGB is ruled out.
9.3 If the user is an entrepreneur the warranty period amounts to a period of one year. This does not account for situations involving culpably caused damages that can be attributed to Africshopping and which are associated with loss of life, injuries or health-related damages.
10.1 Africshopping provides unlimited liability for damage caused due to the violation of life, limb or health. Furthermore, Africshopping provides liability without limitation in all cases of intent and gross negligence, if a defect is fraudulently concealed, in case of assumption of guarantee for the procurement of the object of purchase and in all other legally regulated cases.
10.2 If the situation in question relates to important contractual obligations and involves minor negligence, liability of Africshopping is limited to the foreseeable damages that are typical for the contract. The term ‘important contractual obligations’ refers to important obligations that follow from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on Africshopping in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by the user.
10.3 When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
10.4 The current state of the respective technology makes it impossible to guarantee that data transmission operations that use the Internet will take place in an error-free manner characterised by permanent availability. In this respect, Africshopping cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
11. Assignation, Right of Retention and Reservation of Proprietary Rights
11.1 The cession of claims and rights against Africshopping to third parties is only permitted with prior written consent. This is especially true for a transmission of the user account to the third party.
11.2 The user can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship. Sellers have a right of retention to legally effective or undisputed counterclaims only.
11.3 The user may only offset against undisputed or legally effective counterclaims.
12. Term, Termination and Deletion
12.1 The contract for the use of the platform is closed for an unlimited period.
12.2 The user has at any time the possibility to have his user account deleted by sending a notice in text form (e. g. e-mail) to Africshopping.
12.3 The right of extraordinary termination of both parties remain unaffected.
12.4 Africshopping is permitted to temporarily block or completely delete on its sole discretion certain users if statutory rights or provisions of the Agreement are violated. Africshopping is also permitted to block certain users if Africshopping has a concrete indication for repeated violation of statutory rights or provisions of this Agreement.
12.5 Before temporarily blocking or completely deleting a user, Africshopping will take into account the legitimate interests and the negligence of the user. Africshopping will inform the user without any undue delay about the reasons for temporarily blocking or completely deleting the user in text form (e. g. e-mail).
12.6 In case of a temporary block Africshopping will grant the user full access to the platform without any undue delay as soon as any suspicion for a further violation of statutory law or of the provisions of the Terms and Conditions are ruled out.
13. Use of the platform outside Germany
13.1 The use of the platform is generally open to users outside the Federal Republic of Germany.
13.2 The seller undertakes to ensure in the context of a sale in other countries as the Federal Republic of Germany, that the consumer protection law, data protection law, tax law and all other legal requirements are complied with when selling to a consumer in the country concerned.
13.3 The consumer is free to claim any title in connection with these Terms and Conditions that are based on consumer protection rights in the Federal Republic of Germany or in the EU country he lives.
14. Choice of Law, Place of Fulfilment and Jurisdiction
14.1 German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
14.2 If the user is not a consumer, but an entrepreneur, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with Africshopping. The same condition applies to situations in which the user is not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
14.3 The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
End of Terms and Conditions
Status: July 2016.
II. Customer Information
1. Identy of the Provider
Managing Director: Riliwan Adewusi
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
2. Information Regarding the Conclusion of the Contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with section 4 of the terms and conditions (part I).
3. Contractual Language and Saving the Text of the Contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with Africshopping. Before the order is sent, via the Online – order system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by Africshopping, the order data, the legally-mandated details related to distance selling contracts and the terms and conditions are re-sent to the user via e-mail.