1. General Use Agreement
    last updated on 20.01.2020
  2. Introduction

Welcome to AWOSHE, a Mobile App which is a property of the Awoshe Ltd.

The App enables the encounter of Designers (« Designers ») with buyers, registered on the App to purchase (« Buyers »).

By using the App in any manner, including but not limited to visiting and navigating on the App, you (« the user » or « you ») accept these conditions without restrictions, including the ones referenced presented here and referenced below and/or accessible by a button under your profile in the App.

The present general conditions of use (thereafter « General Use Conditions ») apply to all users of the App including without limitation the « Designers », « buyers », contributors to the content, information or any other element or service on the App and the services proposed on the App as a whole, or any other mean by the company AWOSHE.

The App is the community e-commerce platform for designs made in Africa for men, women, kids and homes, which offers the sale of the creations made or distributed by the Designers. The App besides brings together the Designers with any User of the platform, even not Buyer, who registered beforehand as a member, and offers also communication tools between Members. The App also allows the publication and share of content aka blogs by and to the visitors and members.

All the products for sale on the Platform by the Designers are designated hereafter as the « Products » .

  1. 1. DEFINITIONS

1.1 « Member » : designate anybody who uses the App.

1.2 « Platform » : designate the functional and organizational structure implemented by AWOSHE enables the encounter of Designers and Buyers of the Products, accessible by the App. The Platform includes the whole App and as such designates any part or the whole App.
1.3 « Designer »: designate a Member that opens an account on the Platform and offers products to be sold on the Platform.

1.4 « Product »: designate a product put on sale on the Platform by a Designer. The Product to the present General Conditions and in Particular not be a Forbidden Product.

1.5 « Buyer » : designate a Member that has shown his interest to at least one product by a ordering from at least one Designer (whether he accepts or not) or has « kept in mind » at least one product.
1.6 « Content(s) » : designate any content supplied by a Member on the App, notably, not limited to any Product, any data, information, text, any registered object, description, comment, evaluation of a Designer,, any name, nickname, picture, photography, sound, video, logo and any element entered on the App by the Member including during his registering, including in a mail, on a blog or on the shop of a Designer.

1.7 « Forbidden Product »: designate a product forbidden to be sold on the Platform, as more detailed in the article 4.4 of the present General Conditions.

1.8 « User »: designate anybody who uses the Platform registered or not.

1.9 « App »: designate the App found on the Google Play Store or the Apple App Store.

  1. 2. AWOSHE’S OBLIGATIONS

2.1 The Platform is an online exchange and sale space on which Products, conform to the present General Conditions (and in particular to Awoshe’s policy regarding Forbidden Products), can be put on sale, sold and acquired by Members, as long as their offer, sale or acquisition is not against the current legal provisions and the present General Conditions.

2.2 To this end, AWOSHE (i) offers to Designers the possibility to present and sells their products and their universe by the mean of one virtual shop for each Designer, (ii) provides to the Designers tools allowing them to promote further their Products and (iii) propose community tools to the Members allowing them to discuss with the other members and exchange information about their passion.

2.3 AWOSHE’s activity is limited to the intermediation between Buyers and Designers, except specific mention of the present. AWOSHE does not intervene in any way in the transactions between Buyers and Designers, who decide on their own and to their own discretion, of the conclusion of the sale using the Platform. AWOSHE is neither retailer nor owner of the Products offered on sale on the Platform, and never possess the Products on sale, except specific mention of the present.

So AWOSHE has no control on the Products and in particular cannot guarantee that the Product will satisfy the Buyer. Also, AWOSHE cannot guarantee to the Designer that the Product will not be returned and/or the sale cancelled by the Buyer, all these elements being exclusively and only under the personal responsibility of each Designer and Buyer, except specific mention of the present General Conditions

2.4 AWOSHE on one hand and the Member on the other are independent parties, each acting in its own name and account. Except specific mention of the present General Conditions, the General Conditions presented do not create any subordination link, mandate, participatory company, common venture, employer/employee relations or franchiser/franchisee relation between AWOSHE and any Member.

2.5 As AWOSHE does not intervene in the transactions between the Buyers and Designers, each Member has to inform AWOSHE in the event of a dispute between Members for any reclamation, and of any damage present or future, presumed or not , noted or not, resulting directly or indirectly from these reclamations.

2.6 Without opposition to the preceding, AWOSHE keeps the right to participate to the promotion of the Products put on line and sold by the Designers, notably the implementation of partnership with other Apps, and/or by publications in the medias and/or the sending of advertisement mails in respect of the legal provisions in effect.

2.7 AWOSHE does not control the information given by its members and publicly displayed on the Platform. The information of the other Members can be offending, damaging, imprecise or misleading. The identity and quality of a Member can differ from those presented on the App. So AWOSHE recommends caution and good sense from each user during his use of the Platform, and remain at their disposal for any complementary information.

2.8 By adhering to the following general conditions, AWOSHE gets the authorization from any User to contact them to present new products, offers or any other aspect of the platform following their visit on the platform. The User cannot therefore complains or litigates in any way regarding the said contacts, but will always be free at any moment to have it stop by asking formally the AWOSHE team on their stipulated email above.

  1. 3. MEMBER’S OBLIGATIONS

3.1 To access the Platform, the Member must first register and open an account on the App. The registration is only allowed to moral entities and physical persons over 16 years old, having the capacity to accomplish legal actions, under reserve, for the minors, to have beforehand the formal authorization of their legal tutor. The registration of a moral entity can only be realized by a physical person empowered to represent it, who must be nominated.

3.2 Any person that registers as a Member on the App commits to supply exact, updated and complete information and all other data (notably personal) that might be necessary to finalize and maintain the registration on the Platform, notably a valid e-mail address and all necessary complementary information to become Designer or Buyer. Each member commits also to update his account and to add without delay any modification concerning his information. Each Member will be held sole responsible of any consequence that might result from the supply of invalid, erroneous or misleading information to AWOSHE and/or another Member.

3.3 To register, the Member must choose an email and password. The Member commits to not register under an email that might offend or violate the rights of a third person. Notably, the Member won’t use a name that will violate the copyrights, brands, corporate designations or business name of a third party.

The Member is also free to request a change of his username at any time, all that needed is to go to the profile section of the and make changes accordingly.

3.4 The registration of the Member on the App allows creating an unique account with which he can access the whole Platform. This account, especially the email address used or any other identification data obtained, will also be used to communicate regularly the new products, offers , promotions or just collect his opinion , by email or any other communication mean available.

3.5 The email and password of the Member are strictly personal and the Member commits to maintain its confidentiality. The registered Member is the only allowed using the Platform via his email and password and commits to not allows anybody an access under his identity or email. The use of a Member email, associated with his password, presumes an access and use by the said Member. In the hypothesis where the Member realizes the access of his account by a third party, the Member must inform AWOSHE immediately by e-mail at the address info@awoshe.com.

3.6 Each Member commits to create and use only one account, except specific and formal mention by AWOSHE for the Designers. Any exception to this rule must be supported by a explicit request by the Member and an express and specific authorization by AWOSHE. The creation or use of new accounts under one’s own identity or a third party’s without requesting and obtaining the authorization of AWOSHE could result in the immediate suspension of the accounts of the Member and all services linked.

3.7 Each Member commits to using the App and supplying Contents on the App respecting the present General Conditions and the legal provision in effect.

3.8 Each Member is responsible of his Content, even if AWOSHE controls the Content after its upload. The Member forbids himself to do any act or action :

(i) violating the copyright, patents, brands, sketches and models, fabrication secrets, divulgation right or private life of the third parties;
(ii) defamatory, injurious, denigrating or slanderous ;
(iii) discriminatory or inciting to racial, religious, ethnic violence or hatred ;
(iv) obscene or pedophile ;
(v) likely to be qualified of embezzlement, fraud, breach of trust or to fall as any other penal infraction ;
(vi) in order to obtain the transfer of money without in counterpart the delivery of a Product conform to the present General Conditions and of a value corresponding to the amount asked ;
(vii) likely to damage any informatics system or clandestinely intercept any data or information ;
(viii) engaging the responsibility of AWOSHE or with consequence the benefit loss of all or part of the services provider of AWOSHE et notably the Internet services, payment and/or data storage providers. ;
(ix) likely to damage the reputation of AWOSHE or to constitute unfair competition or parasitic of AWOSHE or any other Member or third party ;
(x) which violates any law or directive applicable or any contractual clause binding the Member.

3.9 By communication a Content via the App, the Member grants AWOSHE (but without any obligation to AWOSHE) a non-exclusive, non-transferable, free and sub-license eligible, for the whole world, and the duration of the Member registration, to use, reproduce, represent, publish, put to disposal, communicate, modify, adapt, display on the App and any other supports (notably any physical or numerical support, in any press or financial folder or report, presentation support, promotional and or advertisement material, App) by any means, all or part of the Content, without limitation in the number of copies, to storage, advertisement, promotion, marketing, communication, public relations purposes, and for the needs of implementation of partnerships or sponsorships with AWOSHE’s partners. The Member acknowledge that any use of his Content made by AWOSHE before his unregistration , the suppression of his account and the resolution of the present General Conditions, cannot be opposed by the Member.

3.10 By communicating a Content on the App, the Member also grants directly to any User a non-exclusive, personal, non-transferable, non-eligible to sub-license, for the whole world, to reproduce and represent the Content to private non-commercial purposes.

3.11 The Member acknowledges that his Content can be seen on the App by any User that might access to his profile and follows his activity.

3.12 Each Member agrees to indemnify AWOSHE in the event of action of a third party against AWOSHE as soon as the action might have its cause, funding or origin any Content supplied by him on the Platform. Each Member commits to sustain all consequences , notably financiary, that might result of such action and to indemnify at first notice AWOSHE.

AWOSHE has the right, without indemnity, notification nor prior notice, to modify or suppress the Content that violates one the dispositions of the General Conditions, and also suspend or suppress the Member account.

3.13 In the event of a Member noticing the sale of Forbidden Products on the App, he commits to alert immediately AWOSHE using the button « Report Abuse » and/or by e-mail at info@awoshe.com

3.14 The Member also forbids himself to (i) include in his research keywords terms harming the rights of a third party, and notably to the author rights, brands, social denominations or names of a third party or a Member, by using all or part of the username of another Member (ii) include in any content, any part of complete URL, address or domain name directing towards a App external to the Platform and/or (iii) to circonvine, use and/or oppose (or try to circonvine, use and/or oppose) to a service to be paid for on the Platform.

3.15 In the hypothesis of AWOSHE learning about any act or intent of a Member outside the Platform (i) in order to reroute/redirect or try to reroute/redirect all or part of the Designers or Buyers of the Site or entice all or part of the Designer or Buyers to not or not anymore sell or buy on the Site or any virtual shops on the Site or the Platform, (ii) potentially dishonest, prejudicial, antitrade, degrading, slanderous, defamatory, injurious, detrimental or damaging to AWOSHE, the Platform, of any Member and/or any third party (iii) violating in any manner the legislations and rulings applicable, AWOSHE keeps the right to terminate the member’s account shop, and the following General Conditions

3.16 In the event of AWOSHE noticing any act or intent of a Member, outside or inside the Platform, of commercially soliciting, prospecting or any other mass (to more than 3 Members in a 3 month period) contact without prealable authorization by AWOSHE, AWOSHE has the right to suppress the account and forbids access to the platform to the person by all means available, without withdrawing the possibility of complementary litigation.

3.17 The Member has the obligation to act in good faith n his relations with AWOSHE and the other Members.

  1. 4. Designer’S OBLIGATIONS

4.1 AWOSHE’s goal is clear : help the Designers to sale their Products and help them develop their activity . For more information, please consult the below article on Forbidden Products. It is also notably precised that the Products on sale on the App are made in Africa, designed by an African or Inspired by Africa.

4.2 The Platform enables the Designer to create his virtual shop using a unique account which is associated to an e-mail address, an username and the password unique. Also, the Designer is obligated to propose to the Buyer the credit card payment method, to allow the Buyer to pay all the Products bought on different shops of the same App in one payment and/or the amount enables the payment in 3 times.

4.3 AWOSHE also offers promotional tools to the Designers (for example reduction coupons, partners offer etc…). The use or not of such tools offered by AWOSHE is under the sole responsibility of the Designer.

4.4 Each Designer forbids himself to list and offer to sale on the App any Products:

(i) explicitly unauthorized to sale by AWOSHE on the App;
(ii) against the law and regulation effective or the good customs and morals or unauthorized according to the current dispositions , notably Forbidden Products (in particular the Products constituting illegal concealment or importation), violating the rights of a third party such as counterfeit Products as defined by the Code of intellectual property, sold in violation of selective or exclusive distribution networks, or stolen and/or non conform to the effective prescriptions relatives to security and the health of persons applicable to certain products (for example the toys, the electrical apparels, the cosmetic and corporal hygiene products, child care articles, textile articles or leather or leather-imitated articles) ; AWOSHE brings to the Designer’s attention the absolute necessity for the Designer that puts a Product on the market and especially to be sold on the Platform , to ensure that the Product is strictly conform to all legislation, ruling and other prescriptions applicable, starting from its production or fabrication to its purchase by the Buyer. Therefore, the Designer commits to engage all means necessary to reach this obligation of legal conformity, especially the implementation of auto-controls at all steps of the commercialization and the justification on demand of the competent authorities to control and verify accordingly.
(iii) which are not tangible and physical objects ;
(iv) which solicit s donations, complements, add-ons or any other pecuniary action supplementary.
(v) not corresponding or not exactly to a Product of the Designer, effectively available for purchase or to be sold on the Platform.
(vi) which the Designer to not dispose of and/or is not able to deliver , notably according to the delay indicated in the online offer.
(vii) which the pictures were not realised by the Designer or for which is does not hold all the rights . Only the photos fully and legally owned by the Designer are allowed.

4.5 In the event of AWOSHE noticing, following an alert of a Member or by its own action, the selling of Forbidden Products on the App, AWOSHE keep the right :

(i) to unlist the sale of Forbidden Products or any Products contrary to the present General Conditions ;
(ii) to block, suspend, close or suppress the account of the Designer ;
(iii) communicate the capable authorities all information required regarding the sell offer and/or buy of any Forbidden Product on the App, including the nominative information of Members if necessary and/or cooperate with the competent authorities on demand.

4.6 Each Designer commits :

(i) to indicate the complete and exact characteristics and specifications of Product on sale on the Platform and the fabrication delay, the Product price (all taxes included, especially duties’ if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
Therefore, for all order on which the duties tax or any other additional taxes are billed to the buyer, the Designer commits to take in charge this cost , according to financial modalities to be agreed with the buyer.
(ii) to carry out all necessary inquiries in order to fabricate or sale each Product in order for the offer to be accurate and that the Buyer might not be mistaken. Each Designer is sole responsible of supplying the integrality of the sale offer elements notably the description, photos, price and cost and delay of delivery;
(iii) to put the Product in the proper category and with the proper specifications to be filled in and found , the Designer being sole responsible of the category in which he indexes his product, this indexation cannot be interpreted in no circumstances as a guarantee from AWOSHE on the origin, legal conformity and authenticity of this product.
AWOSHE may however moderate, modify , suppress or block any product that is not the righ category or bears the wrong specification , or is contary to the Designer’s Chart or the present conditions.

4.7 Each Designer is the sole responsible of any products he puts to sale on the platform, also as the respect of all laws and regulations applicable to the fabrication and sale of these products, and will be sole responsible (notably in front of the Buyer but also of AWOSHE) in case of damage caused by his Products and more globally of all consequences linked to the offer and sale of his products. AWOSHE warm the Designer against the existence of specific regulation applicable to the sale and fabrication of certain regulated products such as for example , the toys, the electrical tools, the child care tools, the textile articles, the leather or leather imitation articles etc.. AWOSHE can be in no manner hold responsible for the sale of a Product by the Designer that would not be conform the law and regulation in effect.

The Designer commits to guarantee AWOSHE in the event of the complain, action , claim of a third party against the non conformity of a Product to the applicable legislation , and to indemnise AWOSHE of all consequences linked to the non conformity of his Products to the laws and rulings applicable . The Designer commits accordingly to take directly to his charge the payment of all sums, including all eventual condemnations, legal fees, lawyer’s fees and other amounts that might be due to this effect (or to reimburse AWOSHE at first demand).

4.8 The Designer commit to keep all information on the Buyer confidential and do not share them. The Designer also commits to use the contact details and other data communicated by the Designer only for the purpose of ordering processing and the legal obligations corresponding. Notably the Designer commits to not propose to the Buyer products available outside the Platform and not to use the personal information of a Buyer for other objectives than the execution of the order on the Site.

4.9 Each Designer guarantees to own all the necessary rights to sale any Product offer to sale by him on the Platform and guarantees AWOSHE against any reclamation regarding the content of a sale offer and/or the execution of the sale.

4.10 In case of a dispute between Designers on the Content publicized by one of them (for example in case of counterfeit or illegal competition by one of the Designers), AWOSHE intervene in the dispute resolution by keeping the right to act/punish on the platform any or multiple parties concerned. AWOSHE also keeps the right to not pursue reclamations from a Designer in these cases, without encountering any responsibility at this title. Any potential intervention of AWOSHE cannot be substituted to the consultation by the Designer of an lawyer if needed.

4.11 The Designer that leaves or is unavailable for more than 48 hours, commits to suspend his virtual shop, by using the deactivation function offered by AWOSHE on the Platform. AWOSHE also offers to the Designers an option enabling the automatic reactivation of the Products.

4.12 The Designer which behavior (inside or outside the Platform)is susceptible to hurt the image and/or reputation of AWOSHE or the Platform , might have his behavior sanctioned by AWOSHE , conforming to the article 12.2 of the present General Conditions, notably in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers . in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers .

4.13 The Designer that wish to be paid using his Virtual Wallet must beforehand provide AWOSHE with a detailed bank account information. The Designer accepts that the amounts that are due for the sales of Products on the Platform and that are paid by credit card , in 3 times or in a single cart , are credited on his Virtual Wallet. The Designer can get the amount of his Virtual wallet by bank wire or money transfer, depending on the conditions met by the order progression and his status.

4.14 Case of the Professional Designer

The Designer acting as a professional must indicate it on the Platform and fill his registration number to the Commerce and Societies Register and any other information required by AWOSHE allowing to identify him.

It is the responsibility of each Designer to determinate if he acts as a professional or not, by asking, if necessary, at his cost, the legal assistance necessary to determine his status and accomplish all proper formalities according.

AWOSHE also reminds the Designer acting as a Professional his obligation to respect all the rules and obligations incumbent upon him in his quality of professional, regarding the applicable law, notably but without limitation to the consumption right (offer clarity made to the consumer, consumer information, Products disponibility, delivery conditions, retraction right of the consumer, remote and overbroad billing, guarantees etc..), the company law, social law , fiscal law, illegal, deceptive or aggressive competition laws, and those regarding the sales, that he declares to know perfectly.

The Designer acting as professional guarantees AWOSHE that he will conforms as a professional to his obligations and indemnify AWOSHE of all consequences linked to the violation of the Designer to any of his obligations as a professional Designer. The Designer then commits to directly take in charge the payment of any amount, including eventual condemnations, advocate fees and any other amounts that will be due according to that violation.

4.15 The Designer commits to respect the conditions and modalities of sales in place in his country and the Buyer’s , especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries’ legislation, the latest legislation in France is the referring legislation.

4.16 As a member of the community and to protect its image, the Designer has the obligation to fix any litigation or issue pleasantly and to the advantage of the Buyer as much as possible, even if he acts in unpleasantly or bad faith. If this happens, the Designer is then free to end the transaction by refunding the Buyer and notifying him politely.

4.17 The Designer commits to deliver the products to the Buyer in the delay indicated on its page on the App, or ideally before or if not in 10 days maximum from the order date. Otherwise, the Designer commits to update the Buyer each week at minimum and if the Buyer requests it , to refund him entirely. This refund should be done even if the product is being delivered but that the announced delay has been expired. should be done even if the product is being delivered but that the announced delay has been expired.

4.18 The Designer commits to respect each and every point of the AWOSHE Designer’s Chart scrupulously , with good faith and proactivity as much as possible.

4.19 The general conditions implemented by the Designer cannot be contrary to the applicable laws nor to the following General Conditions , and only applies of the occuring case does not correspond to the stated rules, to those stated here or in the Designer’s Chart.

In the case of opposition or difference between the General Conditions of a shop and those of the Platform, the Designer commits to always respect the present and correct his, or he may face a shop suspension or deletion.

  1. 5. OBLIGATIONS OF THE BUYER

5.1 The Buyer can only create one account on the Platform. The opening of this account allows him to access the Platform and buy product on the App, through the same account.

5.2 The Buyer commits to respect all the laws and regulation regarding the acquisition of any kind of goods.

5.3 After choosing his Product(s), the Buyer will have to verify the detail of this orders, the amounts and fill, if necessary, depending on the payment method chosen, the information allowing the payment of the Product(s) and correct eventual mistakes, the confirmation of his order by the Designer being automatically good for acceptation by the Buyer.

This confirmation will amount to a purchase offer.

5.4 As soon as the Buyer has ordered Product on the Platform, the Buyer accepts that his name, surname, and also his delivery address, country and town are communicated to the Designers and potentially to any visitor of the App (through the ratings).

The Buyer is also responsible to verify his communicated address and cannot hold the Designer or AWOSHE responsible , in case of mistakes in the address entered.

5.5 The orders done by the Buyer are independent one from another. If one or many orders are or were not accepted by the corresponding Designer(s), the other orders of the Buyer aren’t null and void and bound the Buyer. Therefore, the fact that one or many Product(s) ordered to one or many Designer(s) on the Platform is (are) not available is not a valid renunciation reason on the totality of the orders made, the Buyer being obligated to honor his order of the other Product(s) available.

5.6 As soon as the Product(s) ordered are received, the Buyer will confirm this reception . In the absence of reception confirmation of the Product(s) ordered, the Buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by the Designer, the transaction is considered finished between the Designer and the Buyer.

5.7 The Buyer is responsible to read and check the integrality of the product description and the Designer’s shop and sales conditions, including shipping conditions, before making his purchase. The Buyer can not retract his purchase for this reason or any request to the Designers or AWOSHE for any confusion, missed information or inattention from his side.

5.8 The Buyers is responsible to contact the AWOSHE team if she/he wishes to modify the information displayed or recorded or to be taken out of the AWOSHE database of mailing list.

  1. 6. SALE PROCESS

6.1 To buy on the Platform, you have to register beforehand as a Member or register as a Member at the time of the purchase.

6.2 The payment methods available on the Platform are the following : through the secure credit card payment system implemented by AWOSHE (via STRIPE) or payment by Mobile Money. The Buyer can also settles his purchases by his Virtual Wallet, given that it has sufficient credit. if not the Buyer cannot pay his purchase with the Virtual Wallet.

The sale is concluded between the Buyer and the Designer at the confirmation of the purchase by the Designer on the Site.

6.3 The Buyer can add to his cart Products of several virtual shops and settle all of his cart in one time. In this case, the Buyer should settle the amount of his purchase by credit card or his Mobile Money account and the Designer must accept credit card payment. Following the payment, each Designer will manage the order of his Products in conformity with the stipulation of the following article 6 and more generally the present general conditions. As soon as the Buyer has finalized his order on the App, an order confirmation will be sent to the Buyer and the Designer.

6.4 The sale is concluded between the Buyer and the Designer since the payment by the Buyer on the Site, given, in the event of payment by credit card using the secure credit card payment system implemented by AWOSHE (via MangoPay), and the confirmation by the Designer before 48 hours of the order. Otherwise, passed this delay, the order is automatically canceled and the Buyer is automatically refunded. All the refunds are done by default on the virtual wallet of the Buyer, who has the responsibility to transfer them in his bank account or use them on the App again. In the case of a payment in 3 times, the refunded amount is first deducted from the next recurring payments to come, including on other orders. The refund only happens on the Buyer’s wallet if the amount refunded exceed the amount left to be paid.

The shop of the Designer will also be temporarily suspended after the 3rd consecutive orders not validated. In the event of confirmation by the Designer in the 48 hours, his Virtual Wallet will be credited of the amount of the transaction(Products’ price plus delivery costs) minus the commission and transaction fees.

As specified in the Designer Chart, a threshold of consecutive or cumulative cancellations can lead to the suspension or deletion of a shop on the Platform.

NB: Amount transferred on the Wallet = Total order amount – (commission + transaction fees).

6.5 The Buyer can also pay in 3 times his order(s) on the Site. Transaction costs of 10% of the total amount of the order will be due by the Buyer. The payment schedule will be the following : a third of the order amount plus the transaction and shipping costs will be due at the time of the order, a third of the order amount at 30 days, and the balance at 60 days. This option is accessible to the Buyer only for the orders’ amount above 60€ on the Site. The transaction costs can be offered and/or the minimum amount reduced by AWOSHE in the event of punctual promotional operations. The payment should be done by credit card valid at least 3 more months.

The Designer must send the products as soon as the order is confirmed , even if paid in 3 times and without waiting for the rest of the payments.

In the event of failure to debit the cards , recovery costs are to be planned and the Designer might not get the missing funds if AWOSHE cannot cover them.

6.6 The Designer is responsible of the expedition and shipment of the order to the Buyer, respecting the delivery delays announced to the Buyer at the time of the order and the legal dispositions applicable. The complete contact details of the Buyer will be accessible to the Designer once the payment done. As soon as the Designer is ready to expedite the order, he is to inform AWOSHE and the Buyer, by indicating this last the delivery date or the delay necessary for the delivery. If the order is expedited by tracked mail , the Designer also commits to give the tracking number to the Buyer. The Products ordered are expedited and shipped at the risk and cost of the Designer.

In the case of expedition without tracking, the Designer is then responsible to send again the product at his own cost.

6.7 At the delivery, the Buyer must confirm the good reception of the order and rate the Designer for the transaction so that he can get access to the corresponding funds.

In the event of a sale with tracking number, and when asked to AWOSHE, the Designer can be manually credited of the sale amount, if the tracking indicates that the product has been received , even though the Buyer did not yet confirmed it, after been contacted again by the Designer to do so.

6.8 The transaction tracking can be done at any moment on the App by the Member, using his account and evaluate the Designer, in order to wire the funds.

6.9 The reclamations, retraction rights use, refunding queries must be done by the Buyer to AWOSHE and the Designer before the legal delay and up to 21 days maximum after the purchase.The transaction is recognized as closed automatically after 30 calendar days without confirmation or by the time the Buyer confirms the reception using his account

Ultimately, in the lack of reactive response and action by the Designer, AWOSHE is free to refund the buyer and ensure that he is satisfied or reimbursed for all transactions on the platform.

6.10 Once the order delivered, the Buyer can also evaluate the transaction using the evaluation system on the App. At the end of which, the transaction will be marked as « Ended ».

6.11 AWOSHE is in no way responsible for the sale and cannot be required to give any guarantee regarding it.

6.12 The claims, retraction rights and refund requests of the Buyer must be addressed to AWOSHE conformably to the article 7. The transaction will be considered closed 30 days after the expedition by the Designer, except if there is a claim addressed by the Buyer. At any time, the Buyer can contact AWOSHE to intervene and ensure he is satisfied or refunded for any transaction.

In the event of an issue not fixed between the parties in 7 days, the Buyer can contact the AWOSHE Customer Service that will intervene.

6.13 AWOSHE implemented a secure payment system by credit card on the Platform, allowing the Buyer to settle directly the amount order by credit card at the time of finalizing it. The payment by credit card will be mandatory in all cases specified in the following General Conditions. Also AWOSHE will also impose the credit card payment if the order of the Buyer reaches the 3 times payment threshold.

6.14 In this case, the Designer authorize AWOSHE, in his name and on his behalf to open an account in the institution and/or financial partner of AWOSHE’s choice proposing the corresponding services. The parties agree that this account will only be used for the ends mentioned in the following General Conditions in the hypothesis of the Buyer choosing to pay the Product(s) using the secure payment system implemented by AWOSHE (with STRIPE)and in conformity with its stipulations and STRIPE General Conditions. The Designer expressly renounce to the benefits of the sums (interests or others) eventually produced by the immobilization of the amounts perceived at the time of the order and the sale execution. The mandate is limited to the cash in of the amounts perceived in the name and on the behalf of the Designer.

6.15 As for the withdrawal of the funds from the Virtual Wallet, the Designer must wait either for the Buyer to confirm the reception of the Product(s) ordered (and not issue a claim following) or 30 days after marking the shipping of the goods (with a corresponding and valid tracking number).

Only the Verified Designers (manually defined by AWOSHE) will be allowed to withdraw their funds before so, every week.

  1. 7. RECLAMATIONS AND RETRACTION RIGHT

7.1 The reclamations, reclamation right use and refunding queries done by the Buyer must be addressed to the Designer, and managed between first, and if they cannot achieve either can then contact AWOSHE at any time, only if needed. The Buyer and Designer can each follow the procedure in their respective account and will benefit from an alert system in their order tracking area and can also contact AWOSHE from there.

7.2 The Buyer and the Designer will act with all necessary diligences to the good resolution of the reclamation, under the supervision of AWOSHE The final decision to refund the Buyer belongs to AWOSHE. If the Designer refuses to oblige to a claim, the retraction, cancellation, or return demand formulated by the Buyer or does not treat this claim in the 48 hours following its issuance, AWOSHE can study the claim or demand of the Buyer and, in case of abusive refusal or non-treatment by the Designer, to refund the Buyer of the order amount concerned. This amount will be billed to the Designer and cashed in the conditions displayed at the article 8.3. of these General Conditions.

7.3 In case of a claim and until the resolution of the dispute, AWOSHE keeps the right to temporarily block the Designer’s Wallet. In the event of repeated claims against a same Designer or a elevated cancellation rate from the same Buyer, AWOSHE also keeps the right to temporarily block the Virtual Wallet of the Member concerned, to suspend temporarily or definitely and/or suppress the Member’s account.

7.4 In the event of a reclamation linked to a non-conform Product or to the use of the retraction right , the Buyer pledges to send back the Product to the Designer. In particular the Buyer commits to pack correctly the Product and to take the effective precautions to its shipment.

7.5 The Buyer that paid a Product by credit card through the secure payment system of the Platform will be refunded on his Virtual Wallet. In the event of a refund on this Wallet the Buyer can use the Virtual Wallet to realize other purchases on the Platform or at all time ask for transfer the amount on his wallet to be credited on his bank or Mobile Money account.

  1. 8. FINANCIAL DISPOSITIONS

8.1 AWOSHE Commission

AWOSHE gets paid on the intermediation between Buyer/Designer and perceive a commission according to the principles described at the present article.

In compensation of the intermediation service supplied by AWOSHE, the Designer agrees to pay AWOSHE, following the acceptation of the order and its payment, a commission take of

· in the case of a Designer that sends his traffic of visitors, follower and clients (following a redirection from his website or the princiapl links of his social networks) to his AWOSHE shop: the take rate is 8,33% before taxes (or 10% all taxes included) of the amount of the order (shipping fees included). The commission is due and paid as soon as the Designer validates the order, no matter the payment method used.

It is up to each Designer to prove to AWOSHE his adherence to the following requirements to keep the 10% take rate. AWOSHE keeps the right to periodically control these criterias and to update the take rate (including retroactively).

· or the Designers that not do redirect traffic to their AWOSHE shop: the take rate is 12,5% before taxes (which means 15% all taxes included)

In case of refund to the Buyer, the commission due to Awoshewill be deducted from the next commissions, in proportion to the amount refunded to the Buyer and the Designer commits to pay the rest of the commission due. In these cases, the refund will be done pro rata of the amount refunded to the Buyer and the Designer commits to pay AWOSHE of the commission balance eventually due. It is however stipulated that AWOSHE will not refund the commission to the Designer in the hypothesis where (i) the Designer refuse to acknowledge a claim of a Buyer or does not treat in less than 48 hours and AWOSHE refunds the Buyer or (ii) more generally, if the Designer does not respect the obligations stipulated in the present General Conditions of Use. In the event of the implementation by AWOSHE of specific operations (such as affiliation programs and/or partnerships with other companies and/or websites), the amount of the commission planned in these General Conditions might be modified. In this case, AWOSHE will inform in advance each Member of the commission applied for such operation.

AWOSHE keeps the right without indemnity, to modify its policy regarding the sale of Products on the Platform and/or the commission received by AWOSHE and inform its members. In the event of reduction of such commissions and fees, these modification will be effective as soon as they’re on the Website. If the modification is temporary (for example during exceptional promotion days), the duration of this modification will also be communicated to the members and displayed on the Website. In case of the rise of these fees and commissions , AWOSHE will notify the Designers that will be obliged to accept the new modifications. These modifications will be effective the month following the month during which these modifications were notified to the Designers. If the Designer does not accept the new applicable financial conditions, he is free to terminate the present General Conditions respecting the article 11 of the present General Conditions, which will lead to the cancelation and suppression of his account in the disposition announced at the article 11.1 of the present General Conditions.

8.2 Billing and Payment Mode

The commission and all other fees due to AWOSHE will automatically be deducted from the amounts credited on the Virtual Wallet of the Designer in case of payment through the secure payment system of AWOSHE (with STRIPE) at the time of the confirmation by the Designer of the order (at maxium 48 hours after the order). They will be automatically debited on the Virtual Wallet of the Designer, including in negative if the current balance is not sufficient. AWOSHE keeps the right to debit at any time the amount of commission and fees due by the Designer on his Virtual Wallet.

The commission and fees due to AWOSHE are then of a total of 10% to 15% of each transaction amount.

The amount left due must be paid by the Designer by credit card or Mobile Money at any time and maximum 5 work days after the end of each month. In the event of nonpayment in these delays, a delay fee of 10% of the amount due could be asked. If a Designer wish to settle his commission by another mean, he must make the express and formal request to AWOSHE by email on info@awoshe.com.

In the event of payment by the Buyer using the secure payment system, the Designer could ask for the wiring of the balance , in accordance with the requirements of the article 6 of the General Conditions; the wire on this bank account will be done on the next Wednesday. The Designer must register his bank information beforehand on his account. For the Designers outside of the SEPA zone, additional fees can be applied.

The Designer will access the history of his bills to AFIKRREA in his account member space.

8.3 Recurring payments, subscriptions and other deferred payments

Using the AWOSHE Virtual Wallets (supported by STRIPE), the users of the Platform can also implement recurring payments such as the payment in 3 times.

It is mandatory to stipulate that all subscription to recurring payments includes the commitment to pay on due date and time the expected amounts, no matter the current financial condition of the committed party. Specifically, all failure or delay in payment due to the beneficiary of the recurring payments can be subject to additional treatment and recovery fees.

In the case of a subscription to a trimestrial (3 month) or semestrial (6 month) recurring payment, at the term of each period, the subscription will be automaticlly renewed and the amount of the subscription will be charged for the same duration and without specific alert.

In the event of a subscriber wishes to terminate his recurring payments, he should make the demand formally and specifically by email to info@awoshe.com , and precising the reason of his termination. If this demand is accepted, it would not be effective until the next event of the subscribed service

8.4 Boost packs and other highlighting services

The sponsored views are priority views that a Designer can buy to advertise his products. Indeed, by using these views on selected products , these products will appear in the dedicated spaces to this effect in the category pages, collections and corresponding searches. The countdown goes as follow: each view by a user on a page of a sponsored product consumes 1 credited views by product. For instance if a visitor sees 3 pages with 10 product sponsored of a Designer on it, 30 (3×10) credit views will be debited from the boost account.

The Designer can modify at any time the boosted products in his personal space in the “Boost Your Products” section , and also buy there the corresponding offers. It is also important to note:

· AWOSHE keeps the right to accept, moderate or refuse any boost, even paid by the Designer, to preserve the offer quality and experience on the platform , without indemnities in case of disagreement.

· That also includes boosting of products on social networks or newsletters, AWOSHE does not have to realize them if it does not judge it valuable or pertinent enough for its audience. Boost packs are first and foremost for sponsored views, any complementary actions is up to AWOSHE’s approval.

· In the event of a complementary boost on social networks or newsletter accepted, AWOSHE will contact the Designer to exchange together on the content to boost. Without an answer in the following 48 hours, AWOSHE can cancel the boost and lead as it sees fit, without indemnities

  1. 9. PLATFORM PROPERTY

9.1 The Platform, the Website, its Contents, catalogue, texts, illustrations, photographs and pictures respective , and all other visual or sound elements, including the underlying technology used, are exclusive property of AWOSHE and/or the contract linked parties holding the intellectual properties rights pertaining to the Platform. Notwithstanding what precedes, the Contents supplied by each Member are and remain the property of each Member, under the restriction of the license granted by the Member to AWOSHE and to the Users respecting the articles 3.9 and 3.10 of the present General Conditions.

AWOSHE is entirely free to use any content uploaded to the platform for its communication, promotion and presentation of the platform or the shop the said Member.

9.2 It is strictly forbidden to reproduce, represent and/or exploit all or part of the Platform, the Website, its content, catalogue, texts, illustrations, photography and pictures and any other visual or sound elements, including the underlying technology used, without the authorization of AWOSHE beforehand. Notwithstanding what precedes, the User of the Platform is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, to strictly private and personal use at the exclusion of all commercial and lucrative purposes.

9.3 All people that edits the Website and wishes to create a direct hyperlink to the Website must ask the authorization for AWOSHE by formal and written request. The authorization of AWOSHE woll in no case granted in a definitive manner. This link must be suppressed at first demand of AWOSHE

9.4 The HyperText links to the Website that use techniques such as framing and in-line linking are strictly forbidden..

  1. LAW CONFORMITY

10.1 Each Member commits to respect the law, regulations and norms of all sort effective and relative to the use of services proposed via the Platform, to the sale, purchase and solicitation of purchase offers or to the sale of objects

10.2 Also each Member recognize expressly that the use of AWOSHE services can lead to a qualification as « storekeeper » as defined in the article L121-1 Commerce Code and that additional obligations can apply as his quality of professional.

10.3 In the event of characterized fraud (fraudulent copy, embezzlement, illegal importation, etc..) or on demand AWOSHE will communicate all necessary information, including nominative, to the competent authorities in charge of the repression of the said fraud and infractions.

  1. DURATION AND RESILIATION OF THE GENERAL CONDITIONS

11.1 The present General Conditions are concluded for an undefined duration and are terminable at any moment by the Member or by AWOSHE, without any particular motive, by e-mail or on the Platform. All termination will take effect at the end of the month following the month during which the notification has been received.

11.2 Without excluding other means of resort, AWOSHE keeps the right to issue a warning, suspend definitively or temporarily the registration of a member, and to end immediately and to cease to supply services in any of the following cases:

(i) in the event of violation of the present General Conditions or the document that are incorporated by reference;
(ii) if AWOSHE is unable to verify or authenticate the information supplied, and that the Member doesn’t react to its request of verification and/or authentication;
(iii) if the acts of the Member are susceptible to engage the responsibility or image/reputation of AWOSHE, of the Member or any other Member.

11.3 In the event of termination, the account of the Member will be deactivated and the Blog and/or Shop of the Designer/Blogger will be inaccessible and disappear from the search engine tool of the Platform at the effective date of termination

  1. ACCOUNT SUPPRESSION

12.1 If a Member wishes to suppress his account, he must send his request to info@awoshe.com

12.2 AWOSHE will suppress the account of a Member that asks for it, under the limit that all orders have been ended, reclamations, reclamations, retractation reights and refund requests have been handled and no other operations are running.

  1. RESPONSIBILITY

13.1 AWOSHE is only engaged to an obligation of means.

13.2 In his quality of host of the Contents uploaded by the members, Awoshe cannot be held responsible of the Contents published on its Platform or the Website by the Members.

13.3 Regarding the Professional Designers, in the event of a proven fault done by AWOSHE, the responsibility of AWOSHE, whatever the circumstances cannot exceed the most important of the following amounts :

(i) the total amount of commission paid by the said Designer during the last 12 months preceding the said responsibility action ; or

(ii) 100 euros.

13.4 All members are invited to alert AWOSHE in the event of a violation of the present General Conditions, notably in the event he notices the sale offer of Forbidden Products, to the following address: info@awoshe.com

13.5 Every Member has to alert AWOSHE in the event of a violation of the present General Conditions, especially if he notices the sale of forbidden products or contacts to the following address: info@awoshe.com

13.6 AWOSHE cannot be held responsible for dispute between Members.

  1. EVIDENCE

14.1 The parties acknowledge that the production by AWOSHE of the recordings on the AWOSHE servers of the use of the Platform, and notably of the nominative access codes of the Members and the logs of connection, will be valid evidence between the parties

  1. GENERAL STIPULATIONS

15.1 AWOSHE keeps the right at any moment and at its own discretion to suspend and stop the access to the Platform or the Website and/or the exploitation of the Platform, as a whole or in part, notably for maintenance intervention, operational necessities, internal choices or in emergency needs. It is agreed that such interventions would not in any case engage AWOSHE’s responsibility, nor give rights to indemnities or damage and interests to the benefit of a member or User of the Platform. AWOSHE also keeps the right to take out or modify any content on the website for commercial, marketing, merchandising, technical or any other reason without being held responsible for issues following or give base for litigation of a Member or User of the Platform.

15.2 Except express stipulation contrary to the present General Conditions , all notification to AWOSHE must be send by e-mail (at info@awoshe.com).

15.3 Any notification sent to AWOSHE but destined to a member will be by default sent to the Member on the email address given at registration. The notifications are recognized as received by a Member 24 hours after the sending of the email, expect if the sender is notified the invalidity of the email address.

15.4 The notifications can also be sent to the Member, by recommended letter with reception notice, to the address communicated at registration. The 24 hour delay is then extended to 3 days after the sending of the mail.

15.5 The present General Conditions, with the mentioned documents in the general Conditions that are incorporated by reference, constitute the integrality of the agreement concluded between the parties. AWOSHE keeps the right to modify the General Conditions and will inform each Member by email.

15.6 Under the restriction of the stipulations at the article 8.1 regarding the modification of the Financial commission policy and the article 8.2 regarding the billing modalities, the modifications to the General Conditions will be effective 15 days after being uploaded. During this period of 15 days, each Member can notify to AWOSHE his refusal of these changes, in which cases the present General Conditions and so his right to use the platform will be terminated at the end of the 15 days period.

15.7 In the event of one or several modalities appearing in the General Conditions to be illegal, non-invocable or inapplicable by a court decision, the other stipulations of the General Conditions will stay effective, at the condition that the general economy of the General Conditions are not shaken by it.

15.8 Each Member accepts that the rights and obligations issued by the present General Conditions and including the documents that are incorporated by reference, can freely and by full right be ceded by AWOSHE to a third party in the event of asset handover, fusion or acquisition.

15.9 AWOSHE’s tolerance to a negligence of the present General Conditions by a Member or a third party, will not distort in any way its right and actions against any similar or ulterior negligence.

  1. APPLICABLE LAW AND COMPETENT JURIDICTION

16.1 The present General Conditions are read and interpreted conforming to the Ghanaian law.

16.2 The Ghana courts will have competence to pronounce on the disputes susceptibles to arise between the parties relatives to the execution of the present.

BY EXCEPTION TO ALL THAT PRECEDES, ANY DISPUTE WITH A MEMBER ACTING AS PROFESIONAL IS OF EXCLUSIVE COMPETENCE OF THE BOBIGNY COMMERCE COURT.

16.3 The disputes between Members must be fixed between them, and AWOSHE is not required to intervene or settle the said dispute.

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