Article 1 – Definitions
Article 2 – EAE WEBSHOP’s identity
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – The price
Article 7 – Performance of an agreement and extra Guarantee
Article 8 – Delivery and execution
Article 9 – Complaints procedure
Article 10 – Disputes
Article 1 – Definitions In these Terms and Conditions, the following terms shall have the following meanings:
1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by EAE WEBSHOP or a third party on the basis of an arrangement between this third party and EAE WEBSHOP;
2. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
3. Day: calendar day;
4. Digital content: data produced and delivered in digital form;
5. Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
6. Sustainable data carrier: any means, including email, that allow the Consumer or EAE WEBSHOP to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.;
7. EAE WEBSHOP: the legal person who provides products, (access to) digital content and or services to Consumers at a distance;
8. Distance contract: a contract concluded by EAE WEBSHOP and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
9. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and EAE WEBSHOP being together in the same place at the same time.
Article 2 – EAE WEBSHOP’s full business name
EURO AFRO EXPRESS BVBA, stationsstraat 212 – BELGIUM, 8020 OOSTKAMP VAT number BE 0661.582.857, info@eaestore.com.
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from EAE WEBSHOP and to any distance contract concluded by EAE WEBSHOP and the Consumer.
2. Before concluding a distance contract, EAE WEBSHOP shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, EAE WEBSHOP shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a longterm data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable 4 the Consumer to assess the products, or services and/or digital content adequately. If EAE WEBSHOP makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind EAE WEBSHOP.
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, EAE WEBSHOP shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, EAE WEBSHOP will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, EAE WEBSHOP shall observe appropriate security measures.
4. EAE WEBSHOP may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, EAE WEBSHOP has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, EAE WEBSHOP shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of EAE WEBSHOP´s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
f. the standard form for withdrawal if the Consumer has the right of withdrawal.
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, EAE WEBSHOP may offer products or services whose prices are subject to fluctuations in the financial market that are beyond EAE WEBSHOP’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if EAE WEBSHOP has stipulated it and a. they are the result of legal regulations or stipulations, or b. the Consumer has the authority to cancel the contract before the day on which the price increase starts. 5. All prices indicated in the provision of products or services are including VAT.
Article 7 – Performance of an agreement and extra Guarantee
1. EAE WEBSHOP guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, EAE WEBSHOP also guarantees that the product is suitable for other than normal use.
2. An extra guarantee offered by EAE WEBSHOP, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against EAE WEBSHOP about a failure in the fulfilment of EAE WEBSHOP’s obligations if EAE WEBSHOP has failed in the fulfilment of his part of the agreement.
3. ‘Extra guarantee’ is taken to mean each obligation by EAE WEBSHOP, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 8 – Delivery and execution
1. EAE WEBSHOP shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at distribution center of EAE WEBSHOP. For Ghana this is at the EAE WEBSHOP site in Dawa (across the Ghana Film Studios) for Senegal at the EAE WEBSHOP site next to the roundabout/exit to the Diass International Airport (DAKAR).
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, EAE WEBSHOP shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, EAE WEBSHOP shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by EAE WEBSHOP until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 9 – Complaints procedure
1. EAE WEBSHOP shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to EAE WEBSHOP within a reasonable time after the Consumer discovered the defects
3. The complaints submitted to EAE WEBSHOP shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, EAE WEBSHOP shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 10 - Disputes
1. Contracts between EAE WEBSHOP and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Ghanaian law for Consumers from Ghana and Senegalese Law for Consumers from Senegal.
Article 11 –The General Data Protection Regulation (GDPR)
Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The regulation is an essential step to strengthen citizens’ fundamental rights in the digital age and facilitate business by simplifying rules for companies in the digital single market. A single law will also do away with the current fragmentation and costly administrative burdens.
The regulation came into force on 24 May 2016 and will apply from 25 May 2018.
Most info you can find above but we give a small summary about how we apply the GDPR rules.
• Who your company/organisation is : EURO AFRO EXPRESS BVBA, stationsstraat 212 – BELGIUM, 8020 OOSTKAMP VAT number BE 0661.582.857, info@eaestore.com. .
• Why your company/organisation will be using their personal data (purposes) : to follow up your order and deliver it at the right person and place.
• The categories of personal data concerned : name, place of birth, passport or id card number (for customs reasons) address, cell phone number, data concerning the payment of the order (bank account number or mobile money transfert number)
• The legal justification for processing their data;
• For how long the data will be kept : we keep 5 year after the last order made by the same person (name) and this for tax reasons.
• Who else might receive it : we do not share or sell any info or data obtained by the EAE webshop site.
• Whether their personal data will be transferred to a recipient outside the EU : only the VAT/customs services or the agent handling the customs and VAT process will get access to your data.
• That they have a right to a copy of the data (right to access personal data) and other basic rights in the field of data protection (see complete list of rights) : Consumers can always contact us to check which data we stored about them. They can apply for more info by sending email to info@eaestore.com.
• Their right to withdraw consent at any time : at any time the consumer can ask to get their data deleted.