• New & Used Construction Equipment for Africa

GENERAL TERMS AND CONDITIONS OF SALES

INTRODUCTION AND DEFINITIONS

The use of any products, software, services or Internet sites (hereafter referred to as "Services" or "Service" if referred to in the singular) belonging to AfricaB2B is hereby governed by the terms of this binding agreement between the User ("User") and the company AfricaB2B ("AfricaB2B") collectively referred to as the "Parties"

This is based on the French Civil law and AfricaB2B holds the rights of changing the applicable jurisdiction on his will without previous notice.

The User means any person or legal entity bearing the legal authority to enter into such an agreement and in compliance with relevant French legislation and who intends to purchase or use free of charge or for a fee the Services provided by AfricaB2B.

Africa B2B means the company Africa B2B, a Senegale SA company with an initial capitalization of 42000$ incorporated in Dakar under the company number 432 552 966 (N° TVA : 88432552966) and whose Registered Office is at Liberté 6 extension Sud Foire, BP 17018 Dakar Liberté - Sénégal…

The Services provided by AfricaB2B allow the User to place and consult small advertisements ("Advertisement" or "Advertisements") which offer for sale various goods (equipment, vehicles, material …). Other complementary services are also made available to the User (see article 3.3).

The Services provided by AfricaB2B are made available on Internet Sites owned by AfricaB2B, at the following address: www.kankanmusa.com.

The purpose of these Terms and Conditions "Terms and Conditions" is to define the general rules and policies of use and sale which govern the contractual rights and obligations between the Parties.

AfricaB2B reserves the right to publish new Internet Sites whose User Terms and Conditions would be governed by the same purviews outlined in these Terms and Conditions.

1) ACCEPTANCE OF TERMS AND CONDITIONS

In order to use the Services, the User agrees to be bound by these Terms and Conditions without any restriction or exception. The Services may not be used without prior acceptance of the Terms and Conditions.

The User accepts these Terms and Conditions by:

  • a Click indicating acceptance of the Terms and Conditions, when this option is available on the User pages of the Site.
  • simple utilization of the Services. In this case, the User recognizes and accepts that use of the Services will be deemed by AfricaB2B as full and complete acceptance of these Terms and Conditions.

AfricaB2B reserves the right to modify all, or part of, and at any time, these Terms and Conditions. It is therefore incumbent upon the User to refer regularly to the latest version of these Terms and Conditions when connecting to the Service.

2) LANGUAGE USED FOR TERMS AND CONDITIONS

All translations of the French language version of the Terms and Conditions into other languages are provided for informational purposes only. The French language version of the Terms and Conditions alone constitutes the legal basis governing the relationship between the Parties.

Should contradictions appear between provisions of the French version and those in any of its translations, the French version’s provisions shall prevail.

3) SERVICES PROVIDED BY AfricaB2B

3.1) DESCRIPTION OF PRODUCTS AND SERVICES

The Internet Sites of AfricaB2B allow the User to:

  • Post and/or view Advertisements on the Site www.kankanmusa.com and, contingently, on Sites belonging to partners of AfricaB2B (depending on the type of option selected).
  • Offer warranty and after-sales through AfricaB2B. The supplier will subcontract these services to AfricaB2B, in its geographical area.
  • Offer logistics service to deliver the equipment and material purchased through the website.
  • Choose the option of placing the same Advertisements in "paper" trade magazines.
  • Order personalized Dealer Internet Sites mirroring the Advertisements already listed by AfricaB2B.
  • Access to ancillary services when placing ads
  • Gain access to other complementary services offered by trade partners: (mechanical warranties, financing, shipping services, rentals, etc.).

Access to the advertisements posted on these sites is open to private and professional viewers.

3.2) USING THE SERVICES

3.2.1) POSTING AN ADVERTISEMENT

The Advertisements are to be written by the User. In order to avoid any disputes, AfricaB2B urges the User to verify the Advertisement as soon as it becomes viewable. AfricaB2B has no editorial control over the Advertisements posted on its Services, and is responsible only for compiling and listing the Advertisements viewable on its Sites. AfricaB2B does not guarantee the accuracy of the Advertisements published on its Sites, and can in no case be held liable for the content, or absence of accuracy, pertaining to the information in any ads found in the Advertisement placement Service.

  1. The User places an Advertisement by completing and confirming the data entry form provided by the Internet Sites. By confirming the form, the User agrees to the immediate registration of the Advertisement.
  2. Inasmuch as Advertisements are registered immediately upon confirmation, the User recognizes that he/she may not retract from this action. The Advertisement may be deleted.
  3. The offers are indefinite listing periods, the User shall regol start="50"arly manage his equipment on sale by himself and immediately mark it as sold when the equipment is not available anymore.
  4. Should the product be sold during the listing period, the User agrees to immediately update the post.

3.2.2) SUBSCRIPTION CONDITIONS – DURATION – TERMINATION

A subscription is allotted for a period of one (1) year and will be automatically renewed by tacit agreement upon expiry date.

In the case of tacit renewal, it is understood between the Parties that at the time of renewal, the User has made him/herself aware of any increase in fees and has accepted such increases.

The User is free, at any time, to terminate a running subscription by informing via registered letter : Customer Services, AfricaB2B, Liberté 6 extension Sud Foire, BP 17018 Dakar Liberté, Sénégal. Termination will become effective on the anniversary date of the subscription.

Furthermore, AfricaB2B reserves the right to terminate any User subscription which fails to respect any provisions of these Terms and Conditions.

3.2.3) FEES - PAYMENT TERMS – FEE MODIFICATIONS

FEES

The cost of placing an Advertisement as well as subscription fee rates are available on request from AfricaB2B sales department.

Unless specified otherwise, all fees are stated in Dollars.

PAYMENT METHODS

FORMS AND CONFIRMATION

The sales proposal, which also serves as an order form, is sent directly to the User who requests it.

An invoice or receipt is automatically returned to the User once the signed order form and relevant payment have been received by AfricaB2B.

AfricaB2B will confirm the opening of an Advertisement account, or an order, upon receiving the signed order form and relevant payment. Confirmation of any order indicates immediate acceptance of these Terms and Conditions.

PAYMENT METHODS

As to the ad subject to payment once all details have been entered, payment by transfer and paypal are accepted through a so called secure payment process.

Payment by bank transfer is accepted. Payment by bank transfer must be done to the account of AfricaB2B, specifying the order number as the reason for the bank transfer.

Payment by direct debit is accepted. The User must provide AfricaB2B with a signed direct debit order as well as his/her full banking coordinates. 

FEE MODIFICATIONS

Fees may be modified yearly. An increase adjustment ranging between 10 and 20 percent may be applied between January 1st and March 31st of each year.

3.3) OTHER SERVICES

AfricaB2B offers warranty and after-sale services to the suppliers, so that they can include it in their offer. AfricaB2B will take care of all the job in the local area defined at the moment of the sale, with the supplier and the customer.

AfricaB2B offers logistics services to its customers, and takes charge of the delivery of the equipment to the customer in its country of residence.

All credit plan offers, insurance policy plans, and/or specific warranties such as the payment guarantee appearing on the Internet sites belonging to AfricaB2B constitute offers from partners of AfricaB2B, partners who are specialized financial companies, insurance companies and other specialized agencies. These partners agree to communicate to the User all contractual terms relevant to their services and offers, as defined in related general and specific terms and conditions, and in compliance with all applicable legal time limits and stipulations.

Accordingly, AfricaB2B cannot be considered an authorized insurance company or broker, financial or lending company, and is not party to the contracts the User may enter into with these partners.

Consequently, AfricaB2B cannot be held liable for contracts agreed upon between the User and partners of AfricaB2B.

3.4) USER ASSISTANCE

For further information or queries, please contact the customer service desk at contact@kankanmusa.com.

4) INFORMATION PROTECTION AND SAFETY

4.1) RESPONSIBILITY

AfricaB2B will do its utmost to maintain its Services in proper working order.

The User understands that, despite AfricaB2B’s best efforts, Internet constitutes a network with specific technical aspects which prevent AfricaB2B from being able to guarantee perfect and regular access to the Service, response times, or the absolute safety of data transmission.

Overall, the User understands that the information and the Services provided on the Sites belonging to AfricaB2B:

  • May potentially be interrupted due to reasons of force majeure, or to other acts outside the realm of AfricaB2B’s control or responsibility
  • May contain technical or human errors
  • May lead to isolated cases of loss of data

Therefore, AfricaB2B shall be held harmless for any damages which may occur from the User’s use of the Services or from any eventual impediment in connecting to the Services.

AfricaB2B shall not be held accountable, directly or indirectly, in any transaction not covered by the general provisions of the Senegalese Civil Code of Law (and in particular articles 1621 and subsequent).

4.2) SAFETY OF PASSWORDS AND ACCESS CODES

The passwords and access codes which are issued to the User in order to gain access to the Services and Sites belonging to AfricaB2B are personal and confidential. The User is solely responsible for his/her password and access code. The User agrees not to divulge them in any way to any third party.

In the case of loss or theft of a password, or if the User discovers that the passwords and/or other codes are being used by a third party, the User shall immediately contact AfricaB2B at contact@kankanmusa.com.

In this event, the User will be asked to modify his/her password by clicking on the appropriate panel in his/her account management space.

AfricaB2B shall not be held liable for the use of passwords and access codes by third parties.

4.3) PERSONAL DATA, PROTECTION OF PRIVACY

AfricaB2B undertakes that:

  1. Personal information will not be collected without the User’s knowledge;
  2. Personal information will not be used for reasons other than those specified.

When personal data is collected on Internet Sites belonging to AfricaB2B, the User is reminded that he/she retains the right to access, modify and refuse the transfer of such information. 

Furthermore, AfricaB2B may access and collect personal information from its commercial partners. This information will also be treated in total compliance with current legislation.

4.4) INTELLECTUAL PROPERTY

All data and information found on the Internet Sites of AfricaB2B are protected by Senegalese and international legislation relative to copyright and intellectual property. All reproduction rights are reserved, and the contents of these sites may not be reproduced. This includes all downloadable documents, graphics and photographs.

Accordingly, and in conformity with legislation relative to intellectual property, only private and personal use is permitted unless otherwise stipulated by other, or more restrictive, provisions of intellectual property laws.

The User is not permitted, other than for strictly personal use, to copy, reproduce, transfer, sell, publish, or exploit in any way or distribute in another format, electronically or otherwise, any information available on the Sites belonging to AfricaB2B. Consequently, any other use shall be considered intent to counterfeit and is subject to punishment under copyright law, unless otherwise authorized by AfricaB2B.

5) RESPONSIBILITIES OF THE PARTIES

5.1) USER RESPONSIBILITIES

The user guaranties that the information mentioned on his/her ads:

  1. Is neither false, inaccurate nor misleading ;
  2. Is not fraudulent and does not propose the sale of counterfeit or stolen goods;
  3. Does not violate any copyright, brand or patent laws, nor interfere with fabrication secrets, intellectual property laws, publishing rights or personal privacy rights ;
  4. Does not violate any laws or regulations (including, but not limited to, those governing exportations, consumer protection, unfair competition, iscriminatory practices, or misleading advertising);
  5. Contains no defamatory, slanderous or libelous content ;
  6. Includes no obscene or pornographic content ;
  7. Contains no viruses, electronic codes, files or programs designed to interrupt, damage or illicitly intercept any computer system, information or personal data.

AfricaB2B reserves the right to reject, purely and simply, and without requirement to provide motive, any Advertisement in which the characteristics, wording, or general presentation appear contrary to AfricaB2B’s moral and commercial interests. AfricaB2B may be sole judge of this and with no other obligation than to reimburse the User for amounts advanced after deduction of AfricaB2B’s expenses incurred for listing.

Furthermore, the User undertakes to guarantee, compensate and remedy AfricaB2B for any damages, loss, loss of profit, lawsuits, costs and expenses incurred in the event its responsibility is engaged by a third party subsequent to the listing of an Advertisement that violates the dispositions contained in these General Terms and Conditions.

The User undertakes to engage his/her best endeavor and full cooperation to ensure that AfricaB2B’s services operate smoothly.

5.2) RESPONIBILITY OF Africa B2B

The User recognizes and accepts that AfricaB2B, in respect to the terms outlined herein, can only be held accountable for its due care. The User also recognizes that no one entity or person can guarantee that Internet will always function smoothly. AfricaB2B cannot be held responsible for any indirect damages, incidents or consequences due directly or indirectly to the use of the Services or the impossibility of being able to use them, and especially for any slowdowns, interruptions or transmission errors, or loss, alterations or disappearance of data, for virus contamination, loss of profit, loss of business or loss of a deal.

The Advertisements which appear on site are written and posted on line under the sole responsibility of their respective authors. AfricaB2B rejects all responsibility as to the exactness or accuracy of the Advertisements.

The User accepts that the information made available for viewing may be incomplete or limited, and that it is up to the User to verify all information before entering a transaction, and particularly before entering into a final contract to sell or purchase.

AfricaB2B does not monitor a User’s capacity to sell the goods or services announced nor does it monitor a buyer’s capacity to purchase such goods or services. AfricaB2B does not in any case guarantee finalizations of sales contracts with either dealers or with non-professional parties, for any goods, new or used, whatsoever. AfricaB2B cannot verify the quality, working order, the safety, dangerousness, authenticity, general condition, or conformity of the goods listed and therefore cannot be held responsible on these points.

AfricaB2B shall be held harmless in the event a sale is interrupted, or if the price is not paid by the buyer, or if the equipment is not delivered. Furthermore, AfricaB2B does not guarantee the buyer’s solvency or good faith, nor his/her general ability to purchase the goods in question.

Accordingly

  • It is up to the seller to ensure that the buyer is solvent, and if necessary demand a money wire transfer.
  • It is up to the buyer to verify the identity and good faith of the seller as well as the existence of the equipment being sold.

AfricaB2B provides a "Contact the admin" button (hypertext link found on the bottom side of the equipment description page) and which posts the contentious situations it has been contacted about and for which it urges the User to exercise caution. This page is not legally binding and may be incomplete and the User recognizes that he/she may encounter a contentious situation not mentioned on this page and for which AfricaB2B shall not be held liable.

6) SEVERABILITY – GOVERNING LAW AND ASSIGNMENT OF JURISDICTION

6.1 SEVERABILITY

If one or several provisions of the General Terms and Conditions were rendered invalid for any reason, the remaining provisions would not be affected or impaired thereby.

6.2) LAW AND JURISDICTION

These Terms and Conditions are subject to Senegalese law.

In the event of claims or dispute between AfricaB2B and a tradesperson, the Commercial Court of Dakar shall have sole competence to preside, notwithstanding multiple defendants or guarantee appeal, even in the case of urgent proceedings or conservatory procedures of a summary nature or by petition.

In the event of claims or dispute between AfricaB2B and a private individual, the applicable jurisdiction and territoriality will be attributed according to civil law (Article 48 of the new Civil Code of Procedures).

Notwithstanding the elements above, AfricaB2B shall be entitled to apply for all conservatory measures, injunctions and any other emergency measures to the appropriate jurisdictions.