General conditions of sale

Updates on 02/13/2022

These General Conditions of Sale govern all relations between

• the legal entity that has a store on the site https://nzara.net or on the Android mobile application "Nzara" and selected by the customer.

( hereinafter referred to as the "Seller") and

• the natural or legal person who orders one or more products on the website https://nzara.net or on the “Nzara” application.

(Hereinafter referred to as the “Client” or “You”)

Prior to any transaction, the Customer acknowledges having read them and expressly declares to accept them when he clicks on the " Validate and Pay my order ".

PREAMBLE

The Customer can buy remotely, via the Website https://nzara.net (hereinafter referred to as the "Site") or via the Android mobile application "Nzara" (hereinafter referred to as the " Application"), some products. The Site or the Application is accessible by the Customer 24 hours a day, 7 days a week and all year round except in the event of maintenance operations.

It is specified that the Site and the Application are published by the company SYSTID , SYSTID, a limited liability company with a capital of 2,000,000 CFA francs, whose head office is located at 05 BP 727 Lomé 05, Rue Lycée Avédji , registered in the Trade and Personal Property Credit Register of Lomé, under number TG-LOM-2016B 1812.

( hereinafter referred to as "SYSTID").

The Site or the Application allows the Customer to have access to information relating to the legal entities of SYSTID and the Sellers, to be an entry point to allow customers to make their purchases directly from the Sellers.

In addition to the traditional retail activity, SYSTID has thus developed several online sales services for consumer products, mainly food, accessible via the Site or the Application. In order to facilitate the accessibility of customers to online sales services, the latter, once on the Site or the Application, can direct themselves directly to this or that online sales service depending on the nature of the shopping that they plan to make and their choices of the mode of receipt of the orders they plan to place (withdrawal in store or home delivery). To provide these services, SYSTID relies on logistics platforms or a network of physical stores operated by SYSTID partners and Sellers. These shops are then either (i) picker/seller shops, or (ii) pick-up points for orders previously prepared on a Seller's order picking platform.

The Seller is determined directly by the Site or the Application according to the place of delivery or the place of collection chosen by the Customer.

The General Conditions of Sale may therefore include differences depending on the Seller. It is therefore important for the Customer to read these conditions carefully before accepting them. Thus, any difficulties that may arise with a Seller, in particular with regard to purchases made from him, are the sole responsibility of this Seller. The Site or the Application, or any other person other than the Seller cannot be held liable for any breach by the Seller of its obligations with regard to the Customer who has placed an order.

1. OBJECT

The General Conditions of Sale are intended to describe the methods of distance selling of goods and services between the Seller and the Customer. They express all of the obligations and rights of the Parties. The Customer has the option of printing them.

2. GENERAL

2.1 Full legal capacity of the Customer

Is Customer, under the General Conditions of Sale:

· any natural person, aged at least 18 or having the authorization of the authorized person on the date of validation of his order.

· any legal entity that has provided proof of its legal existence and that has been verified by SYSTID.

· In the case of home deliveries, the Customer resides in the product delivery area defined by the Seller. The Customer acknowledges having full legal capacity to commit to the General Terms and Conditions of Sale.

2.2 Customer identification via password

All orders must be identified by a customer account.

Thus, during the first order and in order to personalize its environment, an email address and a password must be entered by the Customer. A uniqueness and identifier check is then performed by the system. In the event of loss of the password, the Customer can click on the link "forgot your password?" and enter their email address or telephone number. The Customer receives by e-mail a link to initialize his password. This password is in no way used to make any payment. This strictly confidential password will be requested from the unauthenticated Client before each transaction. For each order, the Customer must connect by entering his username and password in the space dedicated to this purpose.

2.3 Scope, enforceability and duration of the General Terms and Conditions of Sale

The Customer acknowledges having read the General Conditions of Sale and expressly declares to accept them. This acceptance will be given to each order once the Customer has clicked on the " Validate and pay for my order " button. In this sense, the Customer accepts without reservation all of the stipulations provided for in the said conditions, to the exclusion of all others. The General Conditions of Sale are those in force on the date of validation of the order by the Customer. The General Conditions of Sale are valid for the duration necessary for the supply of the goods and services subscribed, until the expiry of their guarantees. The fact that the Seller does not take advantage at a given time of any of the clauses of the General Conditions of Sale cannot be interpreted as a waiver of the right to take advantage of any of the said clauses at a later date.

2.4 Evidence

Unless proven otherwise by the Customer, the automatic registration systems of the Site or the Application are considered as proof of the nature, content and date of the sales contract.

2.5 Modification of the General Conditions of Sale

SYSTID reserves the right to adapt or modify the General Conditions of Sale at any time. In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order. Also, the Customer is invited to consult them regularly in order to keep informed of the most recent developments.

3. CHARACTERISTICS OF PRODUCTS AND PRICES

3.1 Consulting the characteristics of products and services

The Seller presents the products and services as well as their detailed descriptions allowing the Customer to know, before taking the final order, their essential characteristics. The Customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on the product sheet (name, price, components, weight, quantity, color, particularities of the products and cost of the services) and expressly declares accept them without reservation.

3.2 Availability of products / validity of the offer

Product offers and prices are valid as long as they are visible and available (= presence of the "Buy" button). A product that has become unavailable is indicated as such. It is nevertheless specified that the simple fact of adding a product to the basket does not constitute validation of the order. In other words, the product may become unavailable between the time of addition to the basket and the validation of the order by the Customer.

The Seller will make every effort to ensure that the products offered at the time of the order are available. However, if during the preparation of the order, one or more products ordered become unavailable, the Seller may, if necessary, replace this product with a product of equivalent quality and price (called "substitute product") or will inform the customer of this unavailability. The Customer may refuse any substitute product upon collection or delivery, if the product does not suit him. The price invoiced to the Customer will be the lowest price between the price of the product ordered on the day of the order and the price of the replacement product offered on the day the order is prepared.

3.3 Price

The prices indicated depend on the place of delivery or the place of collection chosen by the Customer and cannot in any case be applied to the other pages of the Site or the Application or any other website of SYSTID and the Sellers. The prices and availability of products may therefore vary depending on the geographical area and depending on the choice of service (drive or delivery).

Similarly, it is specified that the prices offered by the Seller on Nzara may be different from the price at the physical store. The Seller may also offer different prices and promotions depending on the medium used (Site or Application), in order to promote one or the other.

Product prices may change between the time the order is placed and the day of collection or delivery of the products. In the event of a price change (up or down), the prices in effect on the day of the order (and not on the day of withdrawal or delivery of the products) will be applied to each order.

The prices of the products and services presented are indicated by default in CFA francs, all taxes included (TTC) and can be displayed in Euros or in American Dollars. Product prices do not include communication costs related to the use of the Site or the Application. The prices are subject to Togolese VAT and any change in the legal rate of this VAT will be passed on to the price of the products and services, on the date stipulated by the decree of application referring thereto.

Unless expressly stipulated, the Seller does not reimburse the difference in price between the prices it charges and those charged by its competitors (website or store) or those charged by other Sellers on Nzara.

In the event of an input, printing or calculation error revealing a price significantly lower than the price normally charged, the Customer will be charged the lowest price unless this price is clearly derisory, i.e. without relation to the actual value of the product ordered. In this case, the order, even if it has been automatically confirmed by the Seller, will be cancelled. The Customer will be informed as soon as possible so that he can, if he wishes, place an order again at the price normally charged.

3.4 Promotions and Loyalty Benefits

The promotions (sale with price reduction, "3 for 2" offer, etc.) as well as the Loyalty Advantages (discounts credited to the Customer's Loyalty Account) offered are defined by the Seller.

4. ORDER

4.1 "My account" section

4.1.1 Creation of the Customer account

To make purchases, the Customer must first create a customer account from the Site or the Application. This must be created exclusively from the Site or the Application. Account creation is limited to one per email address and per phone number (same name, same email address or phone number). In the event of a problem, the Customer has the possibility of referring to the help page. To create his account, the Customer must enter his e-mail address and a password. These elements are confidential. The Customer will be solely responsible for the consequences of the use of his account, until it is deactivated. On the other hand, information will be requested from the Customer to complete his sound profile (civility, name, date of birth, telephone number or e-mail address, photo, payment parameter if applicable). The Customer undertakes to provide true and sincere information and to inform of any changes concerning him via the sub-section "Manage the profile" of the "my account" section. This information is necessary for the management of orders and the commercial relationship between the Seller and the Customer.

All orders must be identified by a customer account.

4.1.2 Creation of the Seller account

To make sales, the future Seller must first create a customer account from the Site or the Application. This must be created exclusively from the Site or the Application. Account creation is limited to one per email address and per phone number (same name, same email address or phone number). In the event of a problem, the future Seller has the possibility of referring to the help page. To create his account, the future Seller must fill in his e-mail address and a password. These elements are confidential. The future Seller will be solely responsible for the consequences of the use of his account, until it is deactivated. To have a Seller account, information will be requested from the future Seller to create his Seller account (shop settings, banner settings, social media links and proof of the legal existence of the shop). The future Seller undertakes to provide true and sincere information and to inform of any changes concerning him via the sub-section "frame of the shop" of the "my account" section. A summary of the information provided is presented to the future Seller and an email containing the information is sent to him for confirmation. This information is necessary for the management of orders and the commercial relationship between the Seller and the Customer. Consequently, failure to provide the requested information is tantamount to renouncing the creation of a seller's account.

4.1.3 Account Deactivation

In the event of non-compliance with the General Conditions of Sale by the Customer or the Seller, the Site or the Application reserves the right to deactivate, as of right and without compensation, the Customer's or Seller's account without having to respect any notice, after an e-mail has been sent without effect for more than 30 days.

Nevertheless, it is specified that in the event of a manifest and significant failure or fraud on the part of a Customer or a Seller, the deactivation of the account will be done automatically, without notice, without formality and without compensation.

The Customer or the Seller who wishes to deactivate his account will do so by e-mail to Customer Service. The deactivation of the account will be carried out within a maximum period of 14 days from the receipt of this letter.

4.2. Validation of the order by the Customer

Each item must be added to the cart. A summary that includes all the items in the basket is displayed by clicking on the “basket ” icon. The Customer can at this stage check, modify and delete the selected products. The Customer then validates his basket by "clicking" on the " Validate my basket " button. Any order not validated cannot be honored. Thus, the simple fact of adding a product to the basket does not constitute validation of the order. After having validated his order, the Customer then confirms his mode of receipt of the products, according to the options proposed by the Seller, and enters the data corresponding to his means of payment then acknowledges his obligation to pay according to the methods described in article 5.

The Seller recommends that the Customer keep a record of the data relating to his order on paper or on a reliable computer medium. It is specified that in order to be able to validate his order, the total amount of the Customer's basket must be greater than or equal to the amount specified on the Seller's page. This information may not be displayed if no minimum order amount or fee threshold has been set by the Seller.

4.3. Confirmation of the order by the Seller

The Seller confirms that the Customer's order has been taken into account by sending an automatic e-mail containing:

• the essential characteristics of the products ordered
• the indication of the price including VAT
• where applicable, the difficulties or reservations relating to the order placed.

The Seller may ask the Customer for proof of identity. In this case, the order will only be confirmed upon receipt and validation of these documents. The order preparation time may be influenced by any delay in the transmission of this information. In the event of non-supply of parts before the day of withdrawal of the order, the Seller reserves the right to cancel the order. In addition, the Seller reserves the right not to confirm the order, in particular in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of a previous order or payment dispute. during administration, in the event of a problem concerning the order received, in the event of an incomplete order, a foreseeable problem concerning the supply of the product, or in the presence of a withdrawal or recall procedure initiated concerning one or more of the products ordered . The Seller will inform the Customer of this by e-mail. Failure to confirm by the Seller cannot be considered as confirmation and acceptance of the order.

4.4. Modification of delivery window or cancellation of the order

An order paid via online payment methods (mobile payment, Visa, Mastercard and PayPal) cannot be subject to a modification of the order window and cannot be cancelled. Only orders paid via offline means of payment (electronic wallet on Nzara, cash, bank transfer, checks) can be subject to a modification of the order window and be canceled.

If you wish to change the time slot of your order or cancel your order, you are invited to contact SYSTID customer service by telephone or send a message to the Seller by clicking on the "message to seller" section in the window displaying the product details . bought.

You have a period of 2 days before the day of delivery (before 12:00) to postpone the time slot, the delivery date of your order or cancel your order. If the aforementioned deadline is respected, the order will not be invoiced.

It is specified that You do not have the possibility of bringing forward the slot or the delivery date of the order.

5. PAYMENT

At no time can the sums collected be considered as a deposit or down payment.

The Customer explicitly acknowledges his obligation to pay when validating the order.

In other words, the Customer acknowledges that the placing of an order entails the payment thereof :

• by clicking on the "Validate and pay for my order" button if the Customer pays online
• by clicking on the "confirm my order and pay in store" button - if and only if the Seller offers this option to the Customer during the ordering process.

5.1. Description of the means of payment accepted by the Seller

5.1.1 Mobile payment

The bank cards accepted are cards open in banking or payment establishments in a country in the SEPA zone (Single Euro Payments Area = Single Euro Payments Area, i.e. all the countries of the European Union as well as as Iceland, Norway, Liechtenstein and Switzerland). The Customer must fill in the references of his bank card (Card number, expiry date, cryptogram). Payment will be made following the withdrawal of the order or upon delivery of the order).

5.1.2 Visa card and Mastercard

5.1.3 PayPal

5.2 Default of payment

The Customer guarantees to the Seller that the means of payment used is valid and is not the result of a fraudulent operation. In the case of an order which has not been fully or partially paid for by the Customer, the Seller undertakes to inform the Customer of this by e-mail or by telephone and to ask him to remedy the situation. In the absence of a response or solution 02 days before the day of delivery of the order (before 12:00 p.m.) , the Seller reserves the right in particular to refuse to honor an order, to cancel all orders in progress or to request to SYSTID the suspension of the Customer's account. In addition, the Seller is authorized to suspend any order in the event of refusal of payment authorization by financial institutions.

5.3 Securing means of payment

All banking and mobile payment transactions are carried out in a secure manner. Indeed, the Seller uses the SSL (Secure Sockets Layer) protocol of banks, mobile phone operators and partners of its service provider Cinetpay and Paypal , which encrypts information in order to protect all data related to personal information and means of payment. . The information provided when placing the order (card number and expiry date) will not be stored on the Site or Application servers. To increase security, the Customer must communicate this information with each new order. By way of exception, if the Customer has previously consented, his bank details will be recorded. Thus, for his next orders the Customer will only have to fill in the visual cryptogram on his bank card.

5.4 Invoice

The Customer has the option of downloading his invoice and/or printing it in the "My orders" section or even requesting a paper edition of his invoice from the Seller.

6. COLLECTION / DELIVERY

The Seller may offer different options to the Customer regarding the receipt of his order:

• Either make it available at the Seller's pick-up point
• Either deliver to the address indicated by the Customer,
• Or both. In this case, the Customer is free to choose the option he prefers.

As soon as the Seller offers one or other of the options (or both), the Seller specifies it.

6.1. Pick up in store

If the Seller offers in-store collection, the products ordered are made available to the Customer directly at the Seller's collection point on the day, date and time chosen by the Customer, according to the time slots offered by the Seller.

The Customer undertakes to take charge of the goods on the day, date and time chosen at the time of validation of the order. The Customer must go to the space reserved for this purpose with the summary of the order sent by e-mail to the address provided during registration. The Customer agrees to prove his identity by one or more official documents in force and by communicating, if necessary, the number which was assigned by the system to his order and which was communicated to him in the confirmation email of the order. receipt of order.

If the Customer is unable to receive the order himself, he must appoint a third party to represent him with a power of attorney and a photocopy of the said Customer's identity card.

No request for delivery of the parcel can be honored if the conditions indicated above are not respected by the Customer.

At the time of receipt of the products, the Customer must ensure the conformity of his order. Once the order has been withdrawn, the Customer cannot claim that a product is missing or damaged (apparent defect).

If the Customer does not show up on the agreed day and time, his order is kept for 48 hours before being definitively cancelled.

6.2. Delivery

If the Seller offers home delivery, the products are delivered in the product delivery area defined by the Seller to the delivery address indicated by the Customer during the ordering process, provided that this address is part of the area Seller's delivery area (this delivery area is available on the Site or on the Application). The Customer therefore undertakes to receive the products at the address indicated on the order form. Delivery means the transfer to the Customer of physical possession or control of the goods.

It is up to the Customer to verify the accuracy of the information entered before validating the order (district, street, distinctive infrastructure closest to the place of delivery, house number if applicable, and other details). In the event of an error in the wording of the contact details of the recipient Customer (in particular surname, first name, number and street name, city/district name, telephone number or email address), neither the Seller nor the delivery person shall be held responsible for the impossibility in which they could be to deliver the order.

The order is delivered in one go by the Seller. The Seller nevertheless reserves the right to split the Customer's order into several shipments at no additional cost to the Customer. If the splitting is requested by the Customer, the shipping costs of each shipment will be at his expense.

Reminder: The Seller reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute remains.

6.2.1 Terms of delivery

Delivery means at the doorstep of the address indicated by the Customer and in the presence of the latter or of any person authorized to receive the goods. Deliverers are not required to enter the Customer's home. The Seller reserves the right not to follow up on an order from a Customer who cannot prove his delivery address on simple request from customer service or the delivery person.

Orders cannot be delivered to a floor located beyond the sixth floor when this floor is not accessible via an elevator.

For bulky or heavy products, delivery takes place at the property limit of the Customer's building, ie in front of the gate for a single-family house or in front of the building for a condominium building. The place of delivery must be accessible to 38/44 Ton semi-trailers .

In the event of non-accessibility of the place of delivery or obligation to use specific means of delivery (smaller vehicle, additional staff, stairs, obligation to go through the window, etc.), the Customer has the choice between the following options:

• Collect the goods at a reachable collection point (nearby street, carrier's depot, etc.);
• Use a specialized carrier, designated by the Customer, to ensure the delivery of the product, at his own expense . The Seller may offer the Customer, if possible and after the establishment by the specialized carrier of an estimate, a delivery of the products by applying additional delivery costs which will be invoiced to the Customer.

The Customer agrees to prove his identity, if requested by the delivery person, by an official document in force and by communicating if necessary, the order number which has been assigned by the system to his order and which has been communicated to him. in the email confirming receipt of the order.

If the Customer is unable to receive the order himself, he must appoint a third party to represent him with a power of attorney and a photocopy of the said Customer's identity card.

No request for delivery of the ordered products can be honored if the conditions indicated above are not respected by the Customer.

In the event of delivery to the Customer's place of work, the Customer must take all necessary precautions so that the delivery person can deliver the order to him and the Customer can receive it.

The Seller cannot be held responsible for the delivery of the order to a third party present at the delivery address declared by the Customer during the validation of the order.

The delivery of two or more orders to the home of the same customer (people living under the same roof) on the same day, on the same slot or on a different delivery slot than that chosen for the first order will give rise to the invoicing of as many home delivery packages, unless expressly agreed otherwise by the Seller's Customer Service.

As soon as the order is delivered to the Customer at the address indicated and after the delivery note has been signed by the Customer, the delivery obligation will be fulfilled. The Seller thus declines all responsibility in the event of subsequent loss or theft.

6.2.2. Shipping cost

Delivery charges may be required depending on the Seller, the delivery area and the amount of the order. If applicable, the amount of the delivery costs varies according to the Seller, the delivery area and the amount of the order. Delivery costs are calculated automatically and indicated when choosing the day and delivery window.

In other words, the Customer can find out the amount of the delivery costs by clicking on the "Modify" link or by consulting the "Basket" page.

6.2.3. Receipt of products

The Customer undertakes to be present at the delivery address indicated, on the day and for the duration of the chosen time slot. The Customer undertakes to check the products delivered. The Customer must particularly count the number of bags / parcels given to him.

In the event of the Customer's absence at the time of delivery, the Seller's Customer Service will contact the Customer in order to set a new delivery date. New delivery costs will then be borne by the Customer. Following two (2) unsuccessful presentations for absence of the Customer, the order will be canceled and refunded after deduction of the costs of the second presentation. SYSTID therefore recommends that the Customer notify the Seller and Nzara 's Customer Service in the event of an impediment, at least 24 hours in advance.

In the event that products are found to be damaged or missing, the Seller recommends that the Customer contact Customer Service to follow up on the dispute.

6.2.4. Litigation management

In the event of a dispute, the original packaging must be kept until the dispute is resolved. SYSTID advises the Customer to inform the Seller and Nzara's Customer Service within a maximum period of 24 hours from delivery.

In the event of an incident during delivery, the Customer must contact the Seller and Nzara Customer Service. in the presence of the deliverer in order to indicate the damage that occurred during delivery. The Customer must then, as soon as possible, confirm the incident by e-mail to the seller's address with a copy to Nzara's Customer Service ; a person from the Seller's Customer Service will then contact the Customer in order to establish the possible methods of repairing the damage.

The Seller is likely to send an expert to the Customer's home to validate or not the conformity of the delivery.

The Seller undertakes to respond to all requests or complaints within a maximum period of 10 days from the date of receipt thereof.

It is specified that any dispute may be managed directly by the delivery person who, in this case, will contact the Customer directly.

6.2.5. delivery time

The delivery slots are chosen by the Customer according to the delivery time set by the Seller. The deadline is valid, unless proven otherwise, by agreement between the Parties.

The Seller will then implement its best efforts to meet the delivery times of the products ordered. In the event that these deadlines cannot be met, the Customer will be automatically informed by any means such as e-mail, SMS or telephone.

In the event of a delay in delivery, the Seller suggests that the Customer notify him of this delay by contacting the contacting party in order to agree together on the best solution.

7. RETENTION OF OWNERSHIP AND TRANSFER OF RISKS

It is agreed that the products which will be delivered or handed over and invoiced to the Customer will remain the property of the Seller until full payment of their price. Failure to pay may result in the Seller claiming the products. The above provisions do not preclude, from the date of delivery, the transfer to the Customer of the risk of loss or deterioration of the products as well as the damage they could cause.

8. RIGHT OF WITHDRAWAL

8.1 The right of withdrawal

The Customer must notify the Seller (at the address indicated in article 10) of his decision to withdraw by sending him, before the expiry of the aforementioned period, the standard withdrawal form, communicated in the order confirmation email, or an unambiguous declaration, expressing its will to retract.

The period for exercising the right of withdrawal expires fourteen (14) days after the day on which the Customer, or a third party designated by the Customer, takes physical possession of the products.

8.2 Conditions for returning Products

The Customer must return the product(s) subject to the withdrawal to the Seller, without undue delay and, in any event, no later than fourteen (14) days following the date of communication of its decision to withdraw . retract . This deadline is deemed to have been complied with if the Customer returns the product(s) before the expiry of the fourteen (14) day period.

The return of the product(s) is made in their original packaging, and in good condition, accompanied by all possible accessories and documentation. The product(s) must be in perfect resalable condition. In other words, any product that is incomplete or damaged by the Customer following manipulations other than those necessary to establish its nature, characteristics and proper functioning will not be reimbursed.

The Customer must go to the Seller's pick-up point where he picked up his order with the product(s) concerned and the purchase invoice that he will have previously printed from the "my account" section. You may also be asked to present the bank card or the reference number of the transaction made by mobile payment used for payment.

8.3 Reimbursement

In the event of exercise of the right of withdrawal by the Customer, the Seller is required to reimburse all the sums paid by the Customer at the latest within fourteen (14) days from the date on which he is informed of the decision. of the Customer to withdraw. Nevertheless, the Seller may defer reimbursement until the goods are recovered or until the Customer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts.

The Seller will make the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly consents to a different means offered by the Seller.

It is specified that a product having benefited from a promotional advantage will be reimbursed at the price actually paid by the Customer or which should have been paid if he no longer meets the conditions to benefit from it.

The Customer acknowledges and accepts the fact that he bears all the costs of return in the event of exercise of his right of withdrawal.

8.4 Exclusions

Any right of withdrawal is notably excluded:

• for products likely to deteriorate or expire quickly (fresh products, products taken from the cold chain, etc.)
• for hygiene products unsealed by the Customer and which cannot be returned for reasons of hygiene or health protection (toothbrush, mouthwash, etc.)
• for the supply of a newspaper, periodical or magazine (TV programme, etc.)
• for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after receipt (DVD, CD, etc.).

9. WARRANTY

9.1 Legal guarantees due by the Seller

9.1.2 Implementation of the legal guarantee of conformity

9.2. Commercial guarantee

Some products benefit from a commercial guarantee which may be granted either by the manufacturer of the product or by the Seller. When the warranty is granted by the Seller, the latter clearly specifies it in the Product Sheet or on the product warranty card.

The warranty takes effect from the date of delivery of the product ( on the date of purchase if the product is withdrawn immediately from the store or on the date of delivery of the product if the product is delivered to your home by the Seller or on the date of its commissioning if this is carried out by the Seller ).

The extent and duration of this warranty differ between products and brands. The Seller therefore invites the buyer to carefully consult the instructions for use supplied with the products and the exact terms of the guarantees which the products may be accompanied by.

Unless otherwise specified on the product, the commercial warranty applies only in the geographical area of delivery.

Compliance with the stipulations of the warranty contract assumes that the buyer honors his financial commitment to the Seller and that he uses the device in a normal and continuous manner, in particular in accordance with its instructions for use and maintenance.

The device must not be used for commercial, collective or professional use.

Any limitation in the manufacturer's warranty shall apply for the application of the Seller's commercial warranty, which may not go beyond that of the manufacturer.

In the event of a breakdown or malfunction of the product, the Seller's commercial warranty covers the replacement of defective parts and labor. All products benefiting from a commercial guarantee granted by the Seller must be deposited in one of the Seller's after-sales services located in the geographical area of delivery, unless otherwise stipulated on the invoice or on the product manual.

When the repair costs are higher than the replacement value of the device or when the device is not repairable, the Seller may replace the defective device with an equivalent product with functionalities equal to or superior to the original product. . Replacement hardware will be a new product or a refurbished product. Only the technical characteristics of the original product will determine the choice of the replacement product, whatever the value of the initial product.

For repairs requiring high technicality, no third party not approved by the Seller or the manufacturer must repair the device (except in cases of force majeure or prolonged failure of the Seller).

These terms do not replace but are in addition to the terms of compliance provided by the legal guarantees.

Are not covered:

• accessories and parts whose gradual and progressive wear requires renewal, replacement or periodic maintenance, such as: filters, batteries, batteries, display parts, lamps, spark plugs, tires, cables, blades, knives, belts, chains, launcher, brake shoe etc...
• breakdowns and damage caused by incorrect operations or resulting from improper use, poor or defective maintenance or non-compliance with the manufacturer's instructions;
• damage resulting from negligence, defective installation or installation not in accordance with the manufacturer's instructions or carried out by the Buyer or by a third party not approved by the Seller.
• changes to the original specifications of the device;
• damage resulting from the effects of fire, accidents, water damage, oxidation, lightning, explosions and, in general, from use harmful to the proper conservation of the device;
• damage from elements external to the device (foreign bodies, insects, rodents, etc.);
• blows , shocks, scratches;
• incompatibilities between different products (software, etc.);

9.3 Availability of spare parts essential for using the product

The period during which spare parts essential to the use of a good purchased from the Seller will be available is determined by the manufacturer of the good or its importer.

Box to keep

10. CUSTOMER RELATIONSHIP

10.1. For any question, information or complaint, in addition to the Seller, Nzara's Customer Service is available to the Customer:

• By phone at +228 93 70 50 43
• By e-mail: serviceclient@nzar a.net
• By mail to the following address: 05 BP 727, Lomé 05.

10.2. Personal data

In accordance with the Regulations relating to the protection of personal data, the Customer is informed that SYSTID, as data controller, implements the processing of personal data.

To find out more about this processing of personal data and the extent of their rights, Customers are invited to refer to the External Personal Data Protection Policy, accessible at the address: https://nzara.net/personaldataprotectionpolicy . _

Session sharing service:

The session sharing service, called ' co-browsing ' allows you to obtain support and immediate assistance online from an adviser from our Nzara Customer Service department based in Togo.

By clicking on 'I accept' you authorize us to share your browser session. Our action is limited solely to viewing the pages of your browser. No data related to the use of this service is kept.

You can end this co-browsing service at any time by clicking on 'end of session sharing'.

11. INTELLECTUAL PROPERTY

11.1. The texts and graphic elements, their assembly in the Site or in the Application, and the Site or the Application itself are the exclusive property of SYSTID and are protected under the applicable legislation in terms of copyright. 'author. The logos, distinctive signs of Nzara and Sellers are protected under trademark law. Any deterioration of the elements present on the Site or on the Application or of the Site or of the Application as well as, in the absence of express authorization, any reproduction, downloading, copying, modification, commercial use, total or partial, of different elements of the Site or the Application are prohibited and expose its author(s) to prosecution. The General Conditions of Sale do not in any way authorize the reproduction, modification or commercial use of the various elements of the Site or the Application.

11.2. By accessing the Site or the Application, the publisher of the Site or the Application grants you a license to use the following conditions:

• a right of private, personal and non-transferable use of the content of the Site or the Application or one of its constituent elements,
• a reproduction right for storage for the purposes of reproduction on a single-user screen, in one copy, for backup copy or hard copy,
• any use of documents from the Site or the Application must mention its source. Any other use is prohibited, in particular use for commercial purposes, network use, repeated and systematic extraction of elements from the Site or the Application.

11.3. Any use of the Site or the Application in contradiction with the provisions of this article constitutes an offense of counterfeiting, for which the person who committed such an offense (“Counterfeiter”) may be asked to answer for it . Civil and criminal penalties may be pronounced against any Infringer.

12. LIABILITY

12.1 General

The detailed product sheet is the only contractual source. The products being in constant evolution, the manufacturers can modify without notice the packaging of the products, the technical composition and the characteristics of the product references.

The Seller may exonerate itself from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure (as defined by the regulations).

12.2 Operation and use of the Site or Application

SYSTID and the Seller are only bound by an obligation of means with regard to the operation and continuity of the Site or the Application. SYSTID and the Vendor cannot under any circumstances be held liable:

•  access speeds to the Site or Application, speeds of opening and consulting the pages of the Site or Application, external slowdowns, suspension or inaccessibility of the service, use fraudulent use by third parties of all the information made available on the Site or the Application;
• for facts due to a case of force majeure, breakdowns and technical problems concerning hardware, programs, Internet network software that may, where appropriate, lead to the suspension or termination of the service;
• if the service offered by the Site or the Application proves to be incompatible or malfunctions with certain software, configurations, operating systems or equipment used by the Customer.

It is the Client's responsibility to protect his technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion and to make all backups of his data, Nzara or the Seller cannot be held responsible for this.

The Customer is solely responsible for the use he may make of the services offered and cannot hold SYSTID or the Seller liable for any claim and/or proceedings made against him.

Furthermore, the Customer undertakes to be personally responsible for any claim and/or proceedings brought against the Seller and/or SYSTID and which would relate to its use of the service.

SYSTID or the Seller reserve the right to make any modifications and improvements to their services that they deem necessary or useful and will not be liable for any damages of any kind that may arise as a result. Furthermore, SYSTID or the Seller reserve the right, without notice or compensation, to temporarily or permanently stop a service or all the services offered by each of them on the Site. They will not be liable for damages of any kind that may arise as a result.

13. EXTERNAL LINK

The Site or the Application may contain hypertext links to other websites, which are subject to their own rules of use and in particular concerning the use of your personal data. The Customer is advised to read the rules of use of these sites and in particular those applicable to their personal data. The Seller and/or SYSTID make no commitment regarding these other websites to which the Customer may have access via the Site or the Application, in particular with regard to their content, operation, or access, and with regard to the use of data personal information of the Customer by the latter.

14. ILLEGAL CONTENT/GOOD DECOR

Any action by the Customer which would have the purpose of restricting or preventing another customer from using or benefiting from the Site or the Application is strictly prohibited. The Seller reminds that the Customer may only use the Site or the Application for legal purposes and that he is prohibited from publishing or transmitting through the Site or the Application any unlawful, harmful, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity. In the event that Nzara or the Seller is informed of the presence of illegal content on the Site or the Application, it would be entitled to immediately remove the content. SYSTID or the Seller also reserves the right to take all necessary measures to enforce its rights. The Site or Application may electronically monitor posted materials and public areas to verify compliance with the above requirements. It is also prohibited to collect or store personal information about other customers. The Seller reserves the right not to honor orders that contravene public order or morality.

15. APPLICABLE LAW / COMPLAINTS AND DISPUTES LP General Terms and Conditions of Sale (GTC) NA 2021

The General Conditions of Sale are subject to Togolese law.

In the event of a dispute, the Customer may first contact the Seller while informing Nzara's Customer Service in order to seek an amicable solution.

In the absence of an amicable agreement between the Parties, the dispute will be submitted to the Togolese courts.