The website www.motherland-store.com has been published by the simplified share company BINARY HARMONY UNIP, LDA with a registered capital of 500 euros, with registered office at 45 - RC / CC Costa Do Castelo 1100-176 Lisbon, Portugal, under the number 515 464 279.
It is open to all users of the Internet. The site is hosted by Shopify.
The director of the publication is Carine Pigorot, CEO of Motherland.
Motherland's business is to promote products inspired by African culture.
1. GENERAL INFORMATION
The General Conditions of Use (hereinafter the "Terms") govern the conditions of use of Motherland's MarketPlace ("the MarketPlace", "we" or "our"), published by BINARY HARMONY UNIP LDA, a company by simplified shares with a capital of 500 euros, with registered office at 45 - RC / CC Costa Do Castelo 1100-176 Lisbon, Portugal registered in the Lisbon Register of Commerce and Companies under number 515464 279 and represented by Mrs Carine Pigorot, CEO of Motherland, duly authorized for this purpose, by any user of the Marketplace ("the User", "you" or "your").
MOTHERLAND sets up, on www.motherland-store.com (hereinafter the "websiite"), a MarketPlace allowing Users, after registration, to enter, through him, in relation with Sellers, also registered on the website (hereinafter "Makers"), for the purpose of purchasing products inspired by African culture (hereinafter the "Products") offered at a fixed price (hereinafter the "Service").
We reserve the right to modify the Terms at any time without notice. Please consult the Terms regularly to keep yourself informed of these changes. In case of major changes, we will communicate about these changes directly on the Website, through a pop-up window or banner indicating that such changes have been adopted and are available in the latest version of the Terms. If a modification of the Terms affects your rights and obligations substantially, we may ask for your consent by accepting the modified Terms. In the latter case, the changes will become effective only from the moment you accept the modified Terms. In the event that you refuse to accept the modified Terms, we may delete your account on the Site. Any other modification that does not substantially affect your rights and obligations will be effective at the date of update of the Terms. Any dispute concerning the provisions of the Terms will have to be based on the version of the Terms in force on the date of the beginning of the dispute.
2. DESCRIPTION OF THE SERVICE
The MarketPlace Service consists of a set of tools allowing Users to register on the Website, to get in touch with the Sellers in order to place orders for Products and to regulate the price of the Products.
Transactions made via the Service for the purpose of purchasing the Products are concluded directly between the User and the Seller. MOTHERLAND is in no way reseller of the Products offered by the Sellers through the Service. Thus, Products purchased via the Service cannot be taken back or exchanged by MOTHERLAND. MOTHERLAND can only offer a service to simplify product returns.
Each User undertakes to conclude the purchases in good faith.
3. PRODUCTS SOLD
3.1 Description of products sold
The Products offered for sale on the MarketPlace are described as accurately as possible by the Sellers, who are solely responsible for the information provided. Despite the best efforts made to the photographic representation of the Products on the MarketPlace, with regard to the digital presentation of the Products on a website, it is possible that the perception by the User of the photographic representation of the Products does not correspond exactly to the Product itself.
3.2. Availability of Products
The availability of the Products is displayed on the page for each Product.
However, it is possible for a Product to be unavailable despite the efforts of the Sellers to check and update in real time the availability of each Product on the Site.
In case of unavailability of a Product after payment of the order, the User will be informed by email of the delivery of a partial order or the cancellation of his order as soon as possible. In case of delivery of a partial order or cancellation of the order for unavailability of a Product, the User will be refunded of all or part of his order within a maximum of fourteen (14) days following the email notifying him of the unavailability of the product. The refund will be made according to the type of payment used by the User during his purchase. Beyond this period, you would be entitled to request the payment of interest as determined by the Consumer Code.
4. TERMS OF ORDER
Orders are made exclusively through the Website. The User also guarantees that he is fully entitled to use the payment card for the payment of his order.
The User will be asked to choose the method of delivery of the Product (s) according to the options offered by the Seller (s) before validating the order.
To place an order, the User must select one or more Product (s) and place it (s) in his "Basket". The validation of each order is done by a system of "Double Click". As a first step, the User must finalize the choice of his Products by validating his Basket. At this stage, the User is invited to check the details of his Basket and can still modify its contents. In a second step, the User validates his order definitively and accepts the Terms of the MarketPlace.
Orders must be paid immediately, no discount being provided. The order will be final only after payment of the order.
Any paid order will result in the sending of an email to the User's email address confirming that we have registered the order and that it has been sent to the Seller (s).
The prices of the Products are expressed in euros and take into account the T.V.A in force on the day of the order. Shipping fees may come in addition to the total price of the Products ordered according to the Seller's shipping policy and are indicated in the User's Basket.
Prices may be changed at any time by the Sellers, but the Products will be invoiced on the basis of the prices in effect indicated at the time of the registration of the order.
5. PAYMENT TERMS
The payment of the Products is made directly on the Website. In order to protect and encrypt the credit card data, MOTHERLAND uses the technology of its provider STRIPE (Cf General Conditions of Use of STRIPE), holder of a license to establish electronic money. STRIPE collects money on behalf of third parties and thus becomes manager of electronic money flows. Neither MOTHERLAND nor the Sellers have access to the User's bank details when paying an order.
The price of the Product is paid by credit card (Carte Bleue, Visa, Eurocard / Mastercard). In case of refusal of payment by STRIPE or the bank of the User, the order will not be validated. The Products remain the property of the Sellers until full payment of the order price.
6. DELIVERY OF PRODUCTS
The Products are delivered directly by the Sellers or their suppliers without our intervention at any time in the delivery. The Products are delivered by the Sellers to the address indicated by the User, when placing the order, and within the geographic delivery limits as indicated on the Product description.
The User is responsible for the accuracy of the data he communicates regarding the delivery address as well as the personal information (telephone number included) for each delivery. MOTHERLAND and the Seller can not be held responsible in case of impossibility of delivery of the Products due to imprecision or inaccuracy of the delivery address entered by the User.
Orders will be shipped according to the times indicated by each Sellers on each Product.
7. RIGHT OF RETRACT AND RETURNS
The User may exercise his right to retract within a period of fourteen (14) calendar days from the date of receipt of the Product. Then, the User must return the Product for which it retracts to the Seller within fourteen (14) days. To retract, the User can go through MOTHERLAND, sending an email to email@example.com. MOTHERLAND, however, has no responsibility for the management of retractions and returns, which are subject to the terms and conditions of each Seller. If the Seller accepts the return, MOTHERLAND will allow the User to return its items, by post, according to Seller conditions.
Certain Products are excluded from the right to retract in accordance with the provisions of the Consumer Code. These Products include:
-Audio, video or computer software recordings (unless the manufacturer's seal is still intact)
-The tickets of spectacles
Some Products may only be taken back if returned in their original packaging, sealed and untouched for reasons of hygiene and health protection (eg cosmetics, earrings and piercing).
The User benefits from the Sellers legal guarantees of conformity, vis-à-vis defective products and hidden defects, as prescribed by the law. In particular, the User benefits from the following guarantees:
7.1 Guarantee of conformity
The User benefits from a guarantee against the existing defects of conformity of the delivery of the Products. These defects may also result from packaging, installation instructions or installation.
To be considered in conformity with the contract, the Product must:
(i) Be fit for the customary use of a similar good and, where appropriate, correspond to its description and possess the qualities that it has presented to the purchaser in the form of a sample or model;
(ii) Present the qualities that a buyer may reasonably expect given the public statements made by the seller, the producer or his representative, including advertising or labeling, or have the features defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
The guarantee of conformity is valid for any new or used goods during two (2) years from the delivery.
The User must make his return request directly to the Seller. The application of the legal guarantee of conformity takes place at no cost to the User. According to the Sellers, the User who makes a request for a guarantee of conformity will obtain the repair or the replacement of the Non-Conforming Product or will be refunded the price or part of the price of the Product.
7.2 Guarantee of hidden defects
The User benefits from a guarantee against the hidden defects of a Product which render this Product unsuitable for the use for which it is intended, or which reduce such use so much that the User would not have acquired it, or not would have given a lower price, had he known them.
The action resulting from latent defects can be brought within two (2) years from the discovery of the defect.
The User can make his return request directly to the Seller or contact MOTHERLAND who is in charge of connecting the User and the Seller concerned.
The User has the choice to return the Product and get the price back, or to keep the Product and get a part of the price. The User will be reimbursed by the Seller for the costs resulting from the return of the Product.
7.3 Guarantee of defective products
In case of defect involving the physical integrity of the User, the User may turn against the Seller who is responsible for products placed on the market. The User is invited to inform MOTHERLAND so that we can take the necessary measures with regard to other Users and orders that have already been made.
8. PROPERTIES & COPYRIGHTS
The trademarks, logos and video content appearing on the Site are the property of MOTHERLAND and / or various third parties. No use or reproduction is permitted without the written consent of MOTHERLAND or third parties concerned.
9. PRIVATE LIFE
10. Responsibility of MOTHERLAND
Unless otherwise provided, and within the limits prescribed by Portuguese law, MOTHERLAND expressly excludes all liability for any damages, including, without limitation, any direct, indirect, special, consequential or incidental damages, or damages relating to a loss of use, profit, data or other intangible property, damage to the customer or reputation, or the cost of purchasing products or substitute services resulting from, or related to the use, the impossibility of use, performance or dysfunction of the Site and the elements posted on it. This provision does not affect MOTHERLAND's liability for death or personal injury resulting from its negligence or liability for misrepresentation, misrepresentation of an essential obligation, or any other liability that cannot be excluded or limited by law.
The User accepts using the Website all risks and characteristics specific to the use of the Device and the Internet network, in particular transmission delays, technical errors and risks of access by third parties to the transmitted data.
The photographs and illustrations accompanying the products on our Website have no contractual value and therefore can not engage the responsibility of MOTHERLAND.
The delivery and the quality of the Products are exclusively the responsibility of the Sellers.
11. Applicable law
The Terms are governed by Portuguese law to the exclusion of all other regulations.
In case of dispute concerning a Product, the User will, before any dispute, to the Sellers to find an amicable solution.
Any dispute to which the Terms may give rise will be brought before the competent courts in application of the rules of common law.
12. General provisions
The invalidity of one or more clauses of these Terms will not entail the invalidity of the Terms.
In accordance with Article L134-2 of the Consumer Code, MOTHERLAND ensures the preservation of documents relating to the order made by the User, who may at any time request the communication. The messages received electronically, and more generally the electronic documents exchanged between the User and MOTHERLAND, will have the same value as that granted to the originals. The Parties will keep the electronic documents in such a way that they can constitute faithful and durable copies within the meaning of Article 1348 of the Civil Code. The confirmation of the payment of the order by the User on the Site constitutes the User's electronic signature and the proof of the order.
Sellers and / or MOTHERLAND may refuse any order from any User with whom there is a dispute not yet resolved at the date of the order.
13. How to contact us?
You can contact us either by email at firstname.lastname@example.org or by mail by writing to MOTHERLAND, 45 - RC / C Costa Do Castelo 1100-176 Lisbon, Portugal