GENERAL
CONDITIONS OF SALE AND USE
Preamble :
This e-commerce platform, hereinafter
referred to as " marketplace ”; "Linstashop” and "website”, is operated in
Algeria according to the regulations in force.
The terms "we”, "our”, refer to
Linstashop.
The term "seller” refers to any
operator of this marketplace through the marketing of its merchandise.
The terms "you”, "buyer” and
"customer” refer to any Linstashop user who has placed an order on the website
or app.
Article 1: object
The General Conditions of Sale and Use
described below detail the rights and obligations of marketplace sellers and
buyers in connection with the sale of goods marketed on Linstashop.
Any registration, use, purchase and
sale actions on our marketplace implies full and unreserved acceptance of the
general conditions as well as the privacy policy and the conditions of use set
out below.
We invite you to carefully read these
General Conditions of Sale and Use before using or accessing our website and
our application. If you do not agree to all of the terms and conditions of this
agreement, then you must not access the website or use the services offered
therein.
We reserve the right to add new
features to this website at a later date, which will be subject to these
General Conditions of Sale and Use. It is up to the customer to consult and
accept the last available version of this agreement before any order.
By accepting these General Conditions
of Sale and Use, you declare that you are at least 18 years old and that you
have given us your consent to allow any minor dependent on you to use this
website.
Article 2: Ownership of website data
All content produced by Linstashop
(such as: photos, images, videos, texts) as part of its activity is its
exclusive property. No data obtained from this site may be reproduced, sold,
transferred, modified, redistributed, retransmitted, published or commercially
exploited without the prior written permission of Linstashop.
This article also commits Linstashop
sellers to produce their own content or exploit royalty-free content in the
context of marketing their goods on the marketplace.
Article 3: Order
To place an order on Linstashop, the
procedure to follow is as follows:
* Creation of a personal customer
account, by entering an identifier and a password. This step is not mandatory,
the customer can choose to place an order without creating a personal account
on the website or on the application,
* Providing the information necessary
for invoicing and processing the order;
* Receipt of a shopping cart
confirmation email.
The customer can place an order 24/24h
and 7/7d on Linstashop, except in case of unavailability of the website for
technical reasons.
Any order placed from the Linstashop
website or application will automatically be confirmed by e-mail. The
Linstashop team will call the customer to verify the information provided
before definitively validating the order. Any unconfirmed order may be subject
to cancellation.
* It will be possible if the customer
wishes to be guided to place an order by phone, message or e-mail, or to ask us
to place the order.
Any order placed by a means other than
the two methods mentioned above will not be taken into account.
Linstashop also reserves the right not
to validate an order, if it does not comply with the General Conditions of Sale
and Use of the marketplace, or, if the customer in question has been the
subject of a payment dispute, validation or receipt of order during a previous purchase.
Any order placed on Linstashop or by
telephone, commits the customer to be reachable at the telephone number
provided and to be available on the day and at the delivery times agreed for
the receipt and payment of the order.
In the event of an impossibility of
delivery due to the absence of the preceding conditions, the customer will be
contacted again to schedule another delivery, after the third unsuccessful
attempt, the order will be automatically canceled.
Article 4: Availability of products
Any product marketed on the
marketplace, by Linstashop or its sellers, is displayed on the site accompanied
by its "status” which indicates to the customer if the product is available by
the mention "in stock” or not available by the mention "out of stock”. ”.
A product not available in stock
cannot be added to the customer's basket. However, if after an order a product
becomes unavailable, due to a technical or other problem, Linstashop will
inform the customer by email of this unavailability and will offer him in
compensation:
– to have a substitute product
delivered of a quality and price equivalent to that previously ordered;
– or to cancel his order.
However, Linstashop undertakes to do
everything possible to avoid this type of inconvenience.
In addition, any Linstashop customer
undertakes not to place an order which would result in the use of the goods in
question for resale in the context of a commercial activity. To this end,
Linstashop reserves the right to refuse an order that is fraudulent or made up
of more than 50 units of the same item.
Article 5: Price and terms of payment
The prices of the goods sold on the
marketplace are those in effect on the day the order is taken. They are
denominated in Algerian Dinar (DA), calculated with all taxes included (TTC)
and do not include the delivery costs of the order.
They will be increased by the
transport costs applicable on the day of the order.
Linstashop reserves the right to
increase the transport costs of an order if the contents of the order come from
different sellers and to inform the customer accordingly.
Linstashop also grants itself the
right to modify and update its prices at any time, undertaking however to
invoice the goods ordered at the prices indicated during the registration of
the order.
Payment method:
Payment for an order can be made by
all means of payment offered on the Linstashop platform.
In the event of deliveries of several
orders or split deliveries of the same order, the customer is only required to
pay for the items received each time.
In the event of non-payment (total or
partial) of the total amount of the invoice, the order delivered on D-day will
be taken back by the deliverer.
Title retention clause :
The items sold by Linstashop and its
sellers remain their property until full payment of the purchase and delivery
costs.
Article 6: Delivery
Delivery is made to the place
indicated by the buyer on the order form, with hand delivery.
The delivery time indicated when
registering the order is given for information only and is in no way
guaranteed. Deliveries are made by the transport services of the Seller,
Linstashop or its partners, and the customer is notified by telephone before a
delivery.
Consequently, any reasonable delay in
the delivery of the products cannot give rise to the benefit of the buyer:
* The allocation of damages;
* The cancellation of the order.
If damage occurs during the transport
of the order, and in the event of delivery of a package that is clearly and
visibly damaged, or does not contain all of the invoiced goods, it is up to the
customer to refuse the package delivered and to inform Linstashop's customer
service without delay in order to remedy this.
Article 7: Right of withdrawal
Once the order has been received, the
buyer has a period of 3 days to exercise his right of withdrawal without having
to pay a penalty. After this period, the customer is no longer able to return a
product. This right of withdrawal is only valid if justified, in particular due
to goods not conforming to those displayed on the site or an error in the
product sent.
All returns must be made in the original
and complete condition of the package (packaging, accessories, instructions).
Otherwise, the responsibility of the customer is engaged. Any damage suffered
by the product on this occasion may be such as to defeat the right of
withdrawal.
Return costs are the responsibility of
the customer.
The customer will be refunded once the
parcel has been taken back by the seller, or within 14 days of receipt of the
returned parcel by Linstashop.
Article 8: Force majeure
Linstashop's liability cannot be implemented
if the non-execution or the delay in the execution of one of its obligations
described in these general conditions of sale results from a case of force
majeure. As such, force majeure means any external, unforeseeable and
insurmountable event.
Article 9: Customer rights and
protection of private data
Any Marketplace customer is entitled
to communicate with the customer and commercial services for any type of
complaint or request for information.
To do this :
* a telephone number: +213 23 218
987
* an email address, including info@linstashop.com
* as well as a "Contact us” section
Are made available to the customer on
the website.
The Linstashop teams can be reached
during working hours and days, i.e. from Sunday to Thursday, from 9 a.m. to 6
p.m.
As part of its activity, Linstashop
reserves the right to collect personal information and personal data concerning
its customers. This data is used for the purpose of managing orders, improving
services and marketing operations.
Personal data relating to orders and
necessary for the delivery of these may be transmitted to Linstashop's
partners, in particular delivery companies. This information and data is also
kept for security purposes, in order to comply with legal and regulatory
obligations.
Sellers using the marketplace are
directly liable to buyers for any misuse of their personal data. Linstashop
assumes no responsibility towards buyers in this case.
Article 10: Applicable law
These General Conditions of Sale and
Use are subject to the Algerian law in force.
Article 11: Severability
If any provision of these terms and
conditions is found by a court or other competent authority to be unlawful
and/or unenforceable, the remaining provisions will remain in effect.
If any unlawful and/or unenforceable
provision of these Terms and Conditions would become lawful or enforceable if
part of it were deleted, that part will be deemed deleted, and the remainder of
the provision will continue in effect.
Article 12: Competent Court
Any dispute relating to the
interpretation and execution of these general conditions of sale is subject to
Algerian law.
Failing amicable resolution, the
dispute will be brought before the competent Commercial Court of Algiers.