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These General Terms of Use and Sale (T&CUS) have been drafted by the Company UNIWAX and are intended to govern the relationships between the Company UNIWAX, a Public Limited Company having a Board of Directors with a capital of CFAF 4,150,000,000 whose registered office is located in Yopougon, Andokoi, 01 BP 3994 Abidjan 01, Registered in the Trade and Personal Property Credit Register of Abidjan under No 1967-B 5471, taxpayer identification number 5013197 hereinafter referred to as the Company or UNIWAX and its Clients or website vistors.
1- Application and enforceability of the T&CUS
1.1 These T&CUS define the conditions applicable to any purchase of textile products detailed above made on the Site, by a non-trading individual of a legal age, 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.
Before validating his/her order, the Customer must read these CGUV (General Terms and Conditions of Sale and Use) and accept them fully and without reservation.
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 transactions governed by the present CGUV only concern the products sold on the present Site. Their essential characteristics are described as accurately as possible under each corresponding tab. They are offered within the limits of available stocks, with the exception of Pagne à la Demande (P.A.D), for which delivery times will be indicated before the order is validated.The textile products sold on this site are made from 100% cotton fabric according to the following characteristics :
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 or via his/her social medias account, particularly Gmail and Facebook. 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 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.
He/she undertakes to keep his/her login and password strictly confidential.
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.
The Customer must update his personal information if it changes.
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
All orders for the products listed above must be placed on the Site www.uniwax.com.
5.1 Fabric on demand
For all orders of customized african fabric or african fabric on demand, the Customer shall make his/her choice on the Site according to the following procedure:
5.1.1 Click on the tab “Custom Fabrics”:
- Chose a pattern from those on offer
- 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.
5.1.2 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.
5.1.3 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.
5.1.4 The Customer shall be personally responsible for the use 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 any third party without first obtaining prior appropriate authorizations from the right holders.
5.1.5 The Customer guarantees that his/her order shall not breach any third party rights, including intellectual property rights, trademark rights, personality rights and privacy rights, that it shall not libel or defame any third party, and that he/she has all necessary rights or permissions to incorporate third party content into his/her order, including any content available via any third party service accessible via the Internet.
5.1.6 UNIWAX reserves the right, without compensation to the Customer, to refuse or cancel any order which is clearly contrary to good morals, the rights of third parties, and/or its image. In such case, the Customer will be contacted by UNIWAX Customer Service with a view to refunding the order or modifying it.
5.1.7 In case of claims for breach of third party rights, the Customer shall hold UNIWAX harmless. The Customer shall be fully liable and shall reimburse UNIWAX for any possible damages incurred.
5.1.8 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.
5.1.9 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.
5.2 For other products:
For all other products, the customer makes his choice under the tab for each type of product, following the various headings that appear.
The products offered are available while stocks last.
5.3 The Customer may access the Shopping Cart page to view and validate his/her order. In any event, the customer may make changes or corrections, particularly concerning the delivery address previously chosen, or even cancel the order.
Before validating the order, the Customer must read and accept the present CGUV in full and without reservation.
Once the order has been validated, the customer is directed to our partners' payment tool, according to the payment method previously chosen, in order to make the payment.
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.
Any concerns relating to an order may be addressed to UNIWAX either via the Site's contact page, mentioning the order confirmation number, or by contacting the call center on the following number 27 23 53 54 54.
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.
For all other products, the customer makes his choice under the tab for each type of product, following the various headings that appear.
The products offered are available while stocks last.
For all other products, the customer makes his choice under the tab for each type of product, following the various headings that appear.
The products offered are available while stocks last.
7- Pricing and payment terms
7.1- Pricing
7.1.1 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.
7.1.2 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.
7.1.3 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.
7.1.4 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.
7.2- Payment terms
7.2.1 Payment shall be made at the Customer’s choice by mobile payment, by YUP or by bank card. It is the responsability of Customer's to ensure the validity and ceiling of the chosen payment method.
7.2.2 The Customer will pay the price and cost of delivery, 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.
7.2.3 Payment by the Customer is a necessary prerequisite for the confirmation of the order.
8- Withdrawal and delivery of orders
UNIWAX offers the Customer two options for the delivery of their merchandise
8.1 The free collection option
Merchandise shall be collected only in the Abidjan area and at the locations listed below:
8.1.1 At the Woodin and Uniwax stores, listed below, for quantities between 2 and 298 yards
Woodin Cap Nord
Woodin Cap Sud
Woodin Playce Marcory
Woodin Playce Palmeraie
Woodin Cash Djibi
Woodin Deux-Plateaux
Woodin Plateau ;
8.1.2 Uniwax Factory in Yopougon.
8.2 The paid delivery option
In partnership with various transport and delivery companies, Uniwax offers you paid options. Delivery rates and delays shall vary depending on the quantity of the merchandise and the place of delivery:
- In Ivory Coast: at the customer's home or at pick-up points;
- Outside Ivory Coast: delivery to the indicated address
8.2.1 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.
8.2.2 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
8.2.3 The Customer has 7 working days from the notification by SMS or 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 Fabric on Demand - Return of goods
9.1.2 The merchandise relating to PAD orders, being specially manufactured at the request of the Customer, and according to their specifications, can only be returned in the cases listed below, namely:
- Non-conformity of the good with the specificities of the Customer's order,
- Defect of the merchandise attributable to the Company.
9.1.3 The Customer who uses such option shall, within 48 hours of taking delivery, lodge their claim by letter or by email to serviceclient@uniwax.com indicating precisely the reason for their claim and return the good in its original packaging:
- For Abidjan: at the Woodin or UNIWAX store of their choice (see list of stores in article 8.1.1), or at the UNIWAX factory located in Yopougon Zone Industrielle.
- For areas outside Abidjan: either at pick-up points corresponding to the premises of la Poste de Côte d'Ivoire.
-For areas outside Ivory Coast: a return slip will be sent to the Customer if his claim is accepted by UNIWAX. He/she can then print it out and attach it to the parcel before delivering the parcel to the address indicated. Return shipping costs are at the Customer's expense.
9.1.4 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.
9.1.5 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.
9.1.6 In case of rejection of his claim, the Customer will be contacted by the customer service.
9.2 For other products offered are available while stocks last
The Customer has a ten (10)-day right of withdrawal from the day of receipt of the merchandise.
If he/she intends to exercise this right, the Customer shall inform UNIWAX, by any written means and leave the merchandise as mentioned above in the case of PAD, within the time limit defined above; by indicating, in addition, whether he/she wants an exchange of merchandise of the same value or a refund.
The Customer shall ensure that the returned merchandise is in perfect condition and not unsealed. UNIWAX reserves the right not to take back damaged, incomplete, soiled or damaged merchandise.
UNIWAX undertakes to make the refund or exchange within a maximum period of thirty (30) days as from receipt of the returned merchandise; the return costs being the responsibility of the Customer.
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- Liability
11.1 Each party is personally and directly responsible for the consequences of its mistakes, errors or omissions causing harm to the other Party.
UNIWAX Liability
11.2 UNIWAX shall 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.
Customer liability
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.
11.6 The Customer shall be solely liable to UNIWAX and, where applicable, to third parties, for any damages whatsoever caused by information or any other publication communicated, transmitted or disseminated as part of these General Terms of Use and Sale, as well as for any breach of these contractual provisions by them.
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.
13.2 For more information on the use of personal data and the rights to which the Customer is entitled, UNIWAX has made available, on its Site, a privacy policy.
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 : serviceclient@uniwax.com or contact page on the website www. Uniwax.com
Call Center : 27 23 53 53 54
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.