Terme of use
UNIWAX offers through its website www.uniwax.com, hereinafter referred to as the "Site", the sale of customized African fabrics products, hereinafter referred to as the "African fabric On Order ".
These T&CUS shall apply to any use of the Site and to any order of African fabric On Order not exceeding 2994 yards by any Customer.
1- Application and enforceability of the T&CUS
1.1 These T&CUS define the conditions applicable to any purchase between 2 and 2994 yards made on the Site, as well as the rights and obligations of each of the Parties with respect to such transaction.
1.2 Unless expressly agreed between the parties, these T&CUS shall take precedence over all other provisions. They shall apply to the exclusion of any other agreement.
1.3 These T&CUS formalize the agreement entered into between the Customer and the Company under each of the transactions via the Site.
1.4 The T&CUS shall automatically and systematically be notified to the Customer when placing an order on the Site. Their acceptance consists in ticking the box corresponding to the acceptance sentence. Ticking that box shall have the same legal value as the hand written signature of a contract. Acceptance of the T&CUS is essential for validating an order.
The Company reserves the right to change and/or adapt these T&CUS at any time. Only the T&CUS in force on the day of confirmation of the order shall be binding on the Parties.
1.5 The fact that UNIWAX does not invoke any of the clauses of these T&CUS cannot be construed as a waiver of its right to invoke them subsequently. Similarly, the provisions of these T&CUS are independent. Thus, if any of the clauses were to be deemed invalid or inapplicable, in whole or in part, the other provisions of the T&CUS would remain valid and applicable.
1.6 UNIWAX expressly invites each of its customers to carefully read T&CUS, print them or save them on any durable medium before placing any order for any product offered on the Site.
1.7 Any failure by a Customer to comply with these T&CUS may result in the prohibition of his/her right of access to the Site, either temporarily or permanently.
2- Product Description
The product African fabric On Order is a 100% cotton fabric, non-wax, of high quality, and 120 cm wide, made with a digital direct printing process, in a minimum quantity of 2 yards (one piece of African fabric, or 183 cm in length).
3- Access, use and availability of the Site
3.1 The use of the Site is free of charge. The Site is accessible from any country, except for local restrictions which are not related to the Company.
3.2 The Site is accessible from a computer or an equivalent terminal with Internet access and browser software.
3.3 The Customer shall be solely responsible for his/her equipment and his/her connection to the Internet network, the costs of which shall be exclusively at his/her own expense.
3.4 UNIWAX shall do its utmost to make the Site permanently accessible, subject to the maintenance operations of the Site or dedicated equipment. The Customer declares that he is informed of the technical risks inherent to the Internet and the interruptions in access that may result therefrom. Therefore, UNIWAX shall not be held liable for any unavailability or slowdown of the Site without this list being exhaustive, to a failure of the telecommunications operators, to an interruption of the electricity supply, to an abnormal, fraudulent or illicit use by the customer or by the third-party, to a failure of the consultation materials or to slowdowns of the Site.
4- Creation/ Use of a personal account
4.1 The creation or use of a personal account "the Account" is a necessary and mandatory prerequisite to order on the Site, participate in games and contests organized by the Company and to have access to all the features of the Site.
4.2 The Customer shall create his/her account by filling in a form with personal information about him/her. Some fields in this form will be indicated as mandatory and will have to be correctly filled in so that the creation of the Account can continue. The Customer undertakes to provide accurate personal information on the day of creation of the Account, which will have to be updated in the event of a change in any piece of information provided.
The Customer undertakes not to use any pseudonym or email address that could infringe third-party rights for any reason whatsoever and on any grounds whatsoever.
The Customer shall choose a password that is sufficiently complex to guarantee the security of his/ her account.
The Company reserves the right to refuse the creation of an account or to block access thereto if it detects or is notified of an infringement of third-party rights or inaccurate information in any field of the form, regardless of the field concerned.
4.3 The Customer declares that he/she has reached their majority and has the capacity to enter into a contract.
4.4 The Customer undertakes to immediately inform UNIWAX of any fraudulent use of his/ her account or any other security breach.
5- Signing the contract
5.1 All orders between 2 and 2994 yards shall be placed on the Site www.Uniwax.com.
5.2 The Customer shall choose directly on the Site the designs he/she wishes to order and is invited for each of the designs in order to customize them to :
- Choose the colours of the design, (from one to four colours),
- Possibly download a photo that he/she wants to insert,
- Possibly insert a text in a predefined frame.
He/she will thus be able to determine, at his/her choice, the layout and orientation of the downloaded photographs and texts, as well as the desired quantity.
In this respect, the Customer is informed that he/she shall be solely responsible for the quality of the photo he/she inserts for the customization of his/her order. UNIWAX's acceptance of an image or photograph downloaded from the Site for the purpose of customization is to be understood without warranty as to its quality or suitability for the use that the Customer decides to make. The Customer is therefore advised that the downloaded images and written texts will not be reprocessed and will be printed as they appear on his or her screen.
5.3 UNIWAX shall strive to provide the most accurate visuals and descriptions of the products presented on the Site. However, since these do not have a contractual value, and serve only as an illustration, the Customer shall not hold the Company liable in this respect. Similarly, the Customer is informed and accepts that the printing process used may result in color variations between those displayed on a screen and those printed on the fabric. Therefore, he shall not hold the company liable in this respect either, nor refuse the goods for lack of conformity with the order.
5.4 After selecting and customizing the designs, the Customer shall in any event, if he/she has not already done so, log into his/her account or create one, in accordance with the provisions of Article 3 above.
5.5 The Customer may access the Cart page to view and validate his/her order. In any event, he / she may make changes or corrections, in particular with regard to the place of delivery previously chosen, or even renounce placing an order.
5.6 Before proceeding with the validation of his/her order, the Customer shall read these T&CUS and accept them in full and without reservation.
5.7 In case the Customer validates his/her order, he/she is directed to the secure payment tool via mobile payment or by credit Card according to the choice he/she has made, in order to make his/her payment
5.8 The contract shall be definitively entered into between UNIWAX and the Customer as soon as the latter has received confirmation of her/his order. This confirmation shall be sent to the Customer by email, after payment and control of his order.
Uniwax reserves the right, without compensation to the Customer, to refuse or cancel any order that clearly violates good morals, third-party rights, and/or its image. In such case, the Customer shall be contacted by UNIWAX Customer Service for the reimbursement of their order.
The Customer acknowledges that they are and remain solely responsible for their order and that they hold Uniwax harmless from liability for any infringement of third-party rights and/or applicable laws and regulations.
5.9 Any concern regarding an order may be addressed to UNIWAX via the contact page of the Site and include the number indicated on the order confirmation, or by contacting the call center at the following number 27 23 53 53 53.
6- Customization limits - Respect for third-party rights
6.1 By accepting these T&CUS, the Customer declares that he/she agrees to use this Site in a responsible manner in full compliance with the T&CUS and applicable local laws and regulations. He also declares that he/she has reached their majority and has the capacity to enter into a contract.
6.2 Without exception, no part of the Site may be used as a trademark or service mark, for pornographic, illegal, defamatory use, so as to infringe the private or public life of any person, or to infringe any registered intellectual property right, brand or service name, or other intellectual property rights of any person or entity.
6.3 The Customer agrees not to use this Site to develop Products that are offensive, illegal, harassing, slanderous, threatening, harmful, obscene, malicious or otherwise reprehensible.
6.4 The Customer shall personally be liable for the use he/she makes of the services offered by incorporating other images, graphics, texts or others. The Customer agrees not to include any text, image, design, trademark or service mark, or any work whose intellectual property rights belong to a third-party without first obtaining the appropriate authorizations from the rights holders.
6.5 The Customer guarantees that his/her order shall not infringe any third-party right, including intellectual property rights, trademarks, personality rights and rights to privacy, that it shall not slander or defame a third party, and that he/she has all required rights or permissions necessary to incorporate third party content into his/her order, including any content available via any third party service accessible via the Internet.
6.6 By placing an order on this Site, the Customer guarantees that he/she has all the necessary rights, permission and authority to place the order and that he/she authorizes UNIWAX to print his/her order on his/her behalf.
6.7 In the event of a claim for the violation of third-party rights, the Customer shall hold UNIWAX harmless from any liability. The Customer shall be fully liable and shall reimburse UNIWAX for any damage incurred.
7- Pricing and payment terms
7.1 Access to the Site and to the presentation of the Products is free of charge for the Customer. Only validated orders are subject to payment.
7.2 Prices are indicated in CFAF and all taxes included. The prices applicable to the Customer are those mentioned on the day of payment on the Site by the Customer.
7.3 Prices and any possible additional costs related to the order are clearly and understandably indicated on the order summary. Before finalizing his/her order, the Customer is required to validate such summary. No discount or credit note shall be issued for any reason whatsoever after validation of the order.
7.4 An invoice shall systematically be drawn up in accordance with the provisions in force in Côte d'Ivoire and shall be physically delivered to the Customer at the time of delivery of his order.
7.5 Payment shall be made at the Customer’s choice by mobile payment or by bank card. It is the responsability of Customer's to ensure the validity and ceiling of the chosen payment method.
7.6 The Customer shall settle the amount directly on the Site in CFA F and all taxes included and this in accordance with the process provided for this purpose, according to the payment choice he/she has made.
7.7 Payment by the Customer is a necessary prerequisite for the confirmation of the order.
8- Order delivery
8.1 Delivery is only possible in the city of Abidjan at the pickup points indicated from which the Customer will have to choose. From 300 yards, the order will only be available at Uniwax Company in Yopougon.
8.2 Unless otherwise stated separately on the site, UNIWAX undertakes to make the good available at the pickup point chosen by the Customer within a maximum period of 30 calendar days from the date of confirmation of the order.
8.3 Any delay in the delivery at the pickup point with respect to the above-mentioned deadline of more than 7 working days may result in the termination of the contract at the Customer's request, by letter sent against acknowledgement of receipt to UNIWAX's registered office, if delivery had not taken place between the sending and receipt of the letter, if the delay is not due to a cause of force majeure
8.4 The Customer has 5 working days from the notification by SMS and email of the availability of his order at the indicated pickup point to take delivery thereof. The Customer shall never refuse to take delivery thereof.
After this period, the order will be moved to the Company's central warehouse in Yopougon and the Customer shall be deemed to have received good and valid delivery thereof. Uniwax shall ensure its conservation at the customer's sole expense and risk.
UNIWAX therefore disclaims any and all liability for the long-term keeping and storage of the Customer's order.
After thirty (30) days as from the notification of the transfer of the order to the central warehouse in Yopougon, the Customer authorizes UNIWAX to destroy the goods at his/her own expense, plus the storage costs, without refund or compensation of any kind to the Customer.
9- Retraction –Return of goods
9.1 The goods subject of T&CUS are specially manufactured at the request of the Customer who cannot avail themselves of the right of retraction guaranteed to the consumer.
However, the Customer may return the good in the cases listed below, namely :
- Non-conformity of the good with the specificities of the Customer's order,
- Default of the good.
9.2 The Customer who uses such option shall, within 48 hours of taking delivery, lodge their claim by letter or by email to the following addresses indicating precisely the reason for their claim and return the good in its original packaging to the pickup point where they took delivery of their order.
9.3 The Company shall have a period of 5 working days to send its reply, which may either be an acceptance of the claim or a rejection of the claim, to the Customer.
9.4 In the event of acceptance of the claim, the Customer will be offered a new delivery date, or the refund of their order if they no longer need the good.
9.5 In case of rejection of his claim, the Customer will be contacted by the customer service.
10- Intellectual property
10.1 The entire site is protected by intellectual property laws. All reproduction rights are reserved.
10.2 The Customer acknowledges that the content, including but not limited to the designs, texts, photos, sounds, videos, available on the Site are protected by copyright, trademark law or any other rights and laws relating to intellectual property and the right of publicity. The Customer acknowledges that he/she is authorized to use these elements and information, to make paper copies of the Site’s pages, only for strictly private and non-commercial use.
10.3 The content of the Site may neither be modified nor, of course, be used in any manner whatsoever and in particular be reproduced, represented or distributed to the public, displayed, marketed, integrated into a derivative work, for any purpose whatsoever, public, commercial or even private.
10.4 Furthermore, using or presenting the Content of UNIWAX Site on any other website, in a networked computing environment or on social media, for any purpose whatsoever is prohibited.
10.5 If the Customer violates any of these prohibitions, his/her account will be deleted and they will be liable to prosecution.
10.6 The uniwax.com domain name and the Uniwax trademark are protected and may not be reproduced or used, even partially, without the express permission of the Company and on pain of prosecution.
11.1 Each party is personally and directly responsible for the consequences of its mistakes, errors or omissions causing harm to the other Party.
11.2 UNIWAXshall implement all appropriate measures to ensure the provision, under optimal conditions, of quality products to the Customer. It shall assume full responsibility for the products it sells to the Customer through the Site.
11.3 UNIWAX, however, shall not be held liable for any damage attributable either to the Customer, to the unpredictable and insurmountable event of a third party outside the contract, or to a case of force majeure.
11.4 UNIWAX shall not be held liable for non-functioning or inability to access or malfunction the services of the customers’ Internet service provider.
11.5 The Customer shall be solely liable for the quality, accuracy, relevance and exactness of the information they enter on the Site for the purposes of their order. The liability of the Company shall not be entailed in this respect.
11.7 The Customer shall also be solely liable for the choice of products ordered.
11.8 The Customer shall refrain from recording, transmitting or communicating images, data or any other element that infringes the property rights of other people and which do not belong to them.
11.9 The Customer shall not record or send files that contain viruses or programs that destroy data, failing which his liability will be entailed.
12- Force majeure
12.1 Force majeure is defined as any event beyond the control of either party and insusceptible to be reasonably foreseen upon acceptance of T&CUS. Cases of force majeure include telecommunications blocking, Internet blocking, breakdown of the material used for manufacturing and supplying the ordered product, fire, water damage, blocking of means of transport or supply, total or partial strike, etc. Such an event will be characterized as soon as the harmed party is prevented from properly performing its contractual obligations, despite the implementation of suitable and appropriate measures to limit the effects thereof.
12.2 Neither party shall be held liable for non-execution or delays in the performance of an obligation arising from of the T&CUS which would be due to the action of the other party following the occurrence of a case of force majeure.
12.3 The case of force majeure shall suspend the obligations arising from these T&CUS for the duration of its existence.
13- Protection of personal data
13.1 The Customer is informed that the creation of their personal account and the placing of his/her orders on the Site shall give rise to the collection and processing of personal data concerning him/her by UNIWAX or by any person designated for this purpose, whose use is subject to the provisions of the Ivorian Law No. 2013-450 of 19 June 2013 on the protection of personal data.
14- Hypertext Links
14.1 the Site may include hypertext links to other sites. The presence of such links does not imply the guarantee of such sites by UNIWAX. UNIWAX has not controlled all the third-party sites mentioned on its Site and shall not be held liable for the content or accuracy of off-site pages or third-party sites mentioned on its Site. Site users shall view off-site pages and third-party sites at their own risk.
14.2 UNIWAX shall not in any way be held liable for the technical availability of websites or mobile applications operated by third parties to which the Customer would access through the Site. Moreover, UNIWAX shall not bear any liability for the content, advertising, products and other services available on or from such sites, mobile applications or external sources.
14.3 The Client is informed and agrees that UNIWAX may use the photographs of Instagram accounts of its Customers containing the uniwax hashtag by reproducing them on its Site.
15 - Customer Services
Any claim should be lodged to the address below :
UNIWAX Zone Industrielle de Yopougon
01 BP 3994 Abidjan 01
Email : firstname.lastname@example.org or contact page on the website www. Uniwax.com
Call Center : 27 23 53 53 95
16- Applicable law and competent jurisdiction
16.1 These T&CUS and the resulting transactions shall be governed by Ivorian law.
16.2 In the event of a dispute between the Customer and the Company arising from the application of these T&CUS or the relationship existing between the Customer and the Company as part of an order on the Site, only the Commercial Court of Abidjan shall be competent failing an amicable settlement between the parties.