GENERAL TERMS AND CONDITIONS OF SALE
1 - GENERAL TERMS AND CONDITIONS OF SALE AND THEIR PURPOSE
1.1. The present general terms and conditions of sale (“T&C” or “General Terms and Conditions”) are intended to regulate the sale of products (“Product(s)”) on the site https://sahranko.com// (“Site”) by Formeight di Sahra N’kounkou, with registered office at via bersaglieri d’italia,13 16126 Genova (GN), registered of Commerce and Companies of Genova under number 10694260968., email email@example.com, telephone number +39 3342852120 (hereinafter also “the Seller” or “Sahra.Nko”).
1.2. The Customer who intends to purchase one or more Products on the Site must carefully read and download the following General Terms and Conditions. If the Customer does not intend to accept these General Terms and Conditions or any of the related clauses, he must not use the Site.
1.3. The General Terms and Conditions do not regulate the sale of products by parties other than Sahra.Nko that can be reached from the Site through links, banners or other hypertext links. Such sales will be governed by the specific conditions of sale stated on the website of the seller of the relevant product.
2 – CUSTOMERS OF THE SITE
2.1. The sale of the Products is reserved exclusively to the “Customer”, meaning:
- a) anyone who can be considered a “consumer” pursuant to Art. 3 of Legislative Decree No. 206 dated 6 September 2005, and subsequent amendments (“Consumer Code”), i.e., any natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional business;
- b) who is over 18 years of age. Sahra Nko does not sell its Products to anyone under the age of 18.
2.2. When the Customer provides data for registration on the Site or for purchasing Products, he is aware that he cannot disclose anyone else’s data without their prior consent and that Sahra.Nko cannot be held responsible in the event that false or inaccurate information has been provided or whether the purchase was made by anyone under 18 years old who declared to be an adult. The Customer, therefore, assumes any and all responsibility for the accuracy and truthfulness of the information provided, even towards any third parties.
3 - PRODUCTS OFFERED FOR SALE ON THE SITE
3.1. The essential characteristics of each Product offered for sale on the Site are presented in each product sheet (“Product Sheet”), together with illustrative images of the Product itself. Depending on the Internet browser used, the monitor used or graphic requirements, the images of the Products may not show the Products as they really are, and, therefore, must be considered only as indicative of the Product itself.
3.2.Sahra.Nko shall not be liable for slight differences between the Product delivered to the Customer and its image and/or description on the Site.
4 - PRICES OF THE PRODUCTS
4.1. All prices of the Products stated on the Site are in euros and include applicable taxes, duties and packaging for shipping (“Price”), and exclude shipping and delivery costs (see article 5 below).
4.2. The Price may be subject to changes, therefore, before submitting the Purchase Order, the Customer must verify the final sale price.
4.3. Before placing the Purchase Order, the Price of each selected Product, the total cost in case several Products are purchased, and the relevant delivery costs (all of the above together 'Total Price') shall be listed.
4.4. Promotional campaigns, promotional sales and discount codes will be governed by special conditions, supplementing the General Terms and Conditions.
4.bis. PROMOTIONAL CAMPAIGNS Products may be subject to promotional campaigns and/or price reduction announcements, which shall be managed in accordance with applicable regulatory laws. Each price reduction announcement shall indicate the lowest Price applied by Sahra.Nko in the previous 30 days and the percentage reduction. In the event that the price reduction is progressively increased, during the same promotional campaign, without interruption, the Price prior to the first reduction and the overall percentage reduction in Price will be indicated. For Products that have been on the market for less than thirty days, Sahra.Nko will indicate the time period to which the previous Price refers. What is provided herein will not be applied to launch prices characterized by subsequent Price increases.
5 - DELIVERY/SHIPPING COSTS AND SHIPPING COUNTRIES
5.1. The Products purchased through the Site will be delivered by courier to the address indicated in the Purchase Order, in accordance with the timetable and applying the indicated delivery costs of the same. Delivery costs will be calculated when the Purchase Order is completed and will depend on the address and country where delivery of the purchased Products is to be made, the method and timing of delivery chosen by the Customer (“Delivery costs”).
5.2. Shipping fees are waived for all of Europe* (*Zone A & B).
ZONE A: Austria, Belgium, Croatia, France, Germany, Greece, Luxembourg, Monaco, Netherlands, Portugal, Slovenia, Spain, Italy.
ZONE B: Bulgaria, Czech Republic, Denmark, Estonia, Finland, Hungary, Ireland, Latvia, Liechtenstein, Lithuania, Poland, Romania, Slovak Republic.
Shipping fees are €25 for Zone C and €35 for Zone D.
ZONE C: Albania, Canada, Cyprus, Malta, Norway, Serbia, Turkey, United States.
ZONE D: Argentina, Algeria, Australia, Bahrain, Brazil, Chile, Colombia, Costa Rica, Egypt, Hong Kong, India, Indonesia, Israel, Ivory Coast, Japan, Kuwait, Lebanon, Marocco, Mexico, Montenegro, New Zealand, Oman, Philippines, Qatar,Democratic, Republic of Congo Saudi Arabia, Singapore, South Africa, South Korea, Tunisia, United Arab Emirates.
You will be provided with a tracking number to obtain information on the progress of your delivery through our website or directly from the carrier.
5.3. However, it is understood that the stated shipping and delivery terms are purely indicative and that the Products will be delivered, as required by the Consumer Code, within 30 days from the conclusion of the purchase contract, at the latest
6 - MAKING A PURCHASE ON THE SITE
6.1. Customers wishing to purchase a Product through the Site must first register on the Site. Registering on this Site facilitates the purchase procedure, as some of the Customer’s personal data, such as first name, surname, e-mail address, which are necessary to proceed with the purchase, have already been entered. Registering on the Site is free of charge and is confirmed by e-mail sent to the address provided by the Customer.
6.2. By visiting this Site to make a purchase, the Customer can:
- a) view the Products available for purchase, select them and add them to the cart (the latter being the virtual container, shown on the Site, the Products selected by the Customer are placed in from time to time before proceeding with their purchase, hereinafter the “Cart”);
- b) enter or confirm the shipping details, the country of destination and the chosen delivery method;
- c) check the Products added to the Cart, the Price, the Delivery Costs and the Total Price of the purchase;
- d) choose the payment method from the ones available;
- e) enter any discount code;
- f) make any change to the Purchase Order;
- g) submit the Purchase Order by following the instructions on the Site.
6.4. Electronic submission to the Seller of the Purchase Order completed by the Customer in electronic format (“Purchase Order”) determines the completion of the purchase contract for the Products.
6.5. If the payment process is not completed, the Purchase Order will be cancelled.
6.6. Sahra.Nko also reserves the right not to process Purchase Orders from Customers who are not consumers or requiring shipment of Products to Countries where online sale of the Products is not yet operational, as they have been submitted in violation of the present General Terms and Conditions
6.7. After the purchase contract has been concluded, the Customer will receive a confirmation of receipt of the Purchase Order and a summary of it at the e-mail address indicated, and more specifically:
- a) a summary of the General Terms and Conditions as well as the special conditions applicable to the contract;
- b) information relating to the essential features of the Product(s) purchased;
- c) details on the Product Price, the Delivery Costs and the Total Price of the purchase and the delivery date.
- d) information on the right of withdrawal. The Customer is advised to keep the e-mail received as proof of purchase.
6.8. The Purchase Order will be filed by the Seller for the time necessary for its fulfilment and, in any case, in accordance with law. To access their Purchase Order, registered Customers can log into their account.
6.9. The languages available to Customers for entering the contract are Italian, English and French. Customer Service assistants are able to communicate with Customers in these languages.
7 - METHOD OF PAYMENT
7.1. Payment of the Total Price shown can be made by credit card, issued by the following circuits indicated on the Site, or alternatively using PayPal. In no case will the Customer be charged additional costs in relation to the payment instrument chosen.
7.2. Credit card: To ensure maximum security, the Customer will make the payment transaction via a secure connection directly to the credit institution that manages the online payment system. Financial details (for example, the credit card/debit card number, expiration date, CVC) that the Customer will use for the payment transaction are encrypted and transmitted directly to the payment operator without passing through the servers used by Sahra.Nko, which therefore does not have access to such information, and cannot save or archive it.
7.3. The validity of the card may be verified through a pre-authorization for payment. This authorization is not a charge. In any case, the charge on the Customer’s card will be made after the card issuer has authorized the charge, and in any case at the confirmation of the Purchase Order, without prejudice, of course, to the Customer’s right to a refund in the event of non-performance of the contract for any reason or if the Purchase Order is cancelled.
7.4. If the Customer has an active credit card on his PayPal account, the system allows for an identification code to be saved so as not to have to enter the credentials for subsequent payments. In this case, the data provided will be collected in an encrypted manner and transmitted to PayPal.
7.5 Or in instalments with Alma.
The Vendor offers its customers Alma's credit service for the settlement of their purchases and the execution of payment. This is subject to the Customer's acceptance of the GCU or of the credit agreement proposed by Alma.
Any refusal by Alma to grant credit for an order may result in the cancellation of the order.
Any termination of the GCS between the Customer and the Seller shall result in the termination of the GCS or the credit agreement between Alma and the Customer.
Payment in three or four instalments is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amounts :
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
When paying in instalments with Alma, the Customer does not pay any charges. Except in the following cases:
P2X: 0.78% per transaction
P3X: 1.59% per transaction
P4X: 2.39% per transaction.
Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.
Termination: Any termination of the GCU between the Seller and the customer will result in the termination of the GCU between Alma and the customer.
7.6. On the other hand, bank transfer or cash on delivery payment for the Product will not be accepted.
8 - SHIPPING AND DELIVERY OF PRODUCTS
8.1. The Product(s) purchased from the Site will be delivered by courier to the address provided by the Customer on the Purchase Order, according to the delivery times and costs indicated therein. However, it is understood that the stated shipping and delivery terms are purely indicative and that the Products will be delivered, as required by the Consumer Code, within 30 days from the conclusion of the purchase contract, at the latest.
8.2 If the Seller has not fulfilled the obligation to deliver the Product by the specified deadline, the Customer shall ask for delivery to be made within an additional period appropriate to the circumstances. If delivery is still not made within such additional period, the Customer may terminate the purchase contract without prejudice to his right to claim damages.
8.3. It is responsibility of the Customer to check the condition of the Product upon delivery, the number of Products received and to ensure that the packaging is intact and undamaged. Any abnormalities found by the Customer upon delivery must be noted on the courier’s transport document, thus accepting the delivery with reservation.
8.4. It is the Customer’s sole responsibility to provide the delivery address for shipping the Products purchased and, therefore, he is always required to verify the address and all the information necessary for delivery (e.g., instructions on the intercom, apartment number, etc.). Sahra Nko will not be responsible for non-delivery or delayed delivery of the Products resulting from the Customer’s providing incorrect or incomplete data.
8.5. The Customer acknowledges and accepts that in the event that it is impossible to deliver the Products due to his absence (or absence of the person in charge of receiving the delivery) at the time of delivery on the date or in the agreed time slot, he must contact the phone numbers on the notice of attempted delivery left by the courier at his expense and set a new delivery date.
9 – RIGHT OF WITHDRAWAL
9.1. The Customer has the right to withdraw from the purchase contract without giving any reason within 14 days from the date on which he or a third party (other than the carrier) appointed by him acquires physical possession of the purchased Product(s).
9.2. To exercise the right of withdrawal, the Customer is required to inform the Seller of his decision to withdraw from the contract by means of an explicit declaration to be sent to registered office of Formeight di Sahra N’kounkou. For this purpose he may fill out the standard electronic withdrawal form on the Site or the Return Form (compliant to the standard form pursuant to Article 49, paragraph 4 of the Italian Consumer Code) available, and transmit it to the Seller within 14 days of receipt of the Product. To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
9.3. If the Customer chooses to use the the standard electronic withdrawal form available on the Site he will receive confirmation of receipt of the withdrawal request by e-mail. On the other hand, if Customer chooses to send another declaration of withdrawal (for example a letter sent by post, fax or e-mail), the burden of proof of fair and timely exercise of the right of withdrawal shall be borne by the Customer.
9.4. If the Customer withdraws from the purchase contract and the right of withdrawal is exercised according to the procedures and terms set out in the present paragraph, the Seller will refund the Customer any sums already paid for the purchase of the Products. Specifically, the Customer shall be refunded all payments made to the Seller, including delivery costs (except for additional costs resulting from the Customer’s choice of a type of delivery other than the least expensive standard delivery offered).
9.5. The only expenses to be borne by the Customer will be those for returning the purchased Products. The Customer is invited to use the courier indicated by the Seller on electronic withdrawal form. However, the Customer retains the right to return the Products at his or her own expense without using the Seller's system and the shipper indicated in the electronic withdrawal form. In such case, the Customer:
- a) is invited to use a service with tracking or return receipt;
- b) will be responsible in case of loss or damage of the Product during transportation.
9.6 The returned Products must be delivered to the courier within fourteen (14) days from when the Customer notified the Seller about his decision to withdraw from the contract.
9.7 If the Customer decides not to use the Seller's courier, he must return the goods or deliver them to the Seller at the following address: Via Bersaglieri d’italia, 13 16126 Genvova. The deadline will be considered respected if the Customer returns the Products before the 14-day period expires.
9.8 If the right of withdrawal is exercised, the Seller has the right not to accept the return or not to fully refund the sums paid for the purchase of any Product whose essential and qualitative features have been altered or any damaged or used Product. The Customer will, in fact, be responsible for the decrease in the value of the Products resulting from handling the Product other than that necessary for understanding the nature, features, and functioning of the Products.
9.9. Regardless of the payment method used by the Customer, the refund is processed by the Seller as soon as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the right of withdrawal being exercised, subject to verifying that it was carried out properly. The refund may be suspended until the Products are received and checked or until the Customer demonstrates that he has sent the goods back, whichever comes first.
9.10. The refund will be made by means of the same payment method used for the initial transaction unless the Customer has expressly agreed otherwise; in any case, the Customer will not incur any costs as a consequence of this refund.
10 - COMPLAINTS AND RETURNING NON-CONFORMING OR ALTERED PRODUCTS
10.1. In the event that the Product is delivered damaged and/or anything is missing and/or the type of Product is not the same as the one purchased on the Purchase Order or in the event the Product shows anomalies, the Customer must contact the Seller at firstname.lastname@example.org ,to make a specific report and attach suitable photos to prove the Product’s poor quality.
10.2. Products that are different from the one purchased on the Purchase Order in terms of quantity, quality and/or type must be returned to the Seller, according to the terms and procedures stated by the latter, in the same package in which they were received and in any case intact, undamaged, not used and equipped with all the original accessories that came with the Product. Otherwise, the Customer shall not receive any refund of the price paid.
10.3. After receipt of the Products complained about by the Customer, the Seller reserves the right to verify whether the conditions for a refund or replacement have been met. If it is ascertained that the Customer has a right to the refund, it will be made using the same means of payment used for the transaction at no extra charge to the Customer.
11 - LEGAL WARRANTY COVERING THE PRODUCTS
11.1 The Products sold on the Site are covered by the legal warranty of conformity provided for by Articles 128 – 135 of the Italian Consumer Code (Legislative Decree No. 206 dated 6 September 2005, and subsequent amendments). The warranty covers all conformity defects occurring within 24 months from the delivery date and the Customer will have the right to replacement or to an adequate price reduction or termination of the purchase contract, at his choice, where allowed by the type of Product.
11.2. The Customer must notify the Seller at email@example.com about the non-conformity within 2 months from the date said defect was discovered.
12 - MODIFICATIONS AND UPDATES
12.1. The Seller reserves the right to change, edit, update and supplement the Site and/or the present General Terms and Conditions at any time. The Customer who visits the Site and submits a Purchase Order will comply with the policies and terms of the General Terms and Conditions from time to time in force at the time the Purchase Order is submitted, unless any changes have retroactive effect under the applicable law.
12.2. If the Customer does not agree with the changes made to the General Terms and Conditions, he should not use this Site and, in the case of a registered Customer, can delete his account, by logging into his profile and clicking on "Request deletion of personal data".
12.3. Should any provision of the present General Terms and Conditions be deemed invalid, void, or inapplicable for any reason, this condition will in any case not affect the validity and enforceability of the other provisions or the purchase contract.
13 - SELLER’S LIABILITY
13.1.Sahra Nko assumes no responsibility for any poor service attributable to force majeure events such as by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, performance of the contract within the agreed time, and will not be held liable by any party or third party for damages, losses, or costs incurred as a result of the non-performance of the contract for the reasons mentioned above, except for refund of the price paid.
13.2. Sahra Nko is not responsible for any fraudulent or illegal use of credit cards by third parties, as at no time during the purchase procedure of the Products is it able to know the credit card number or financial details. Solely the Customer is responsible for the data entered for making the purchase.
14 - CUSTOMER SERVICE, ASSISTANCE AND SELLER’S CONTACT DETAILS
14.1 The Customer may contact the Seller and request any information by sending an email to firstname.lastname@example.org.
16 - APPLICABLE LAW AND JURISDICTION
16.1. Applicable law: The General Terms and Conditions as well as the contract for purchasing Products on the Site shall be subject to Italian law and in particular the Italian Consumer Code referred to in Legislative Decree 206/2005, and subsequent amendments, and pursuant to Legislative Decree No. 70/2003 relating to electronic commerce ("Legislation"). The purchase contract between the Customer and Sahra Nko is concluded in Italy. The statutory rights granted to the natural person defined as a "consumer" pursuant to the national law that may be applicable to the Customer, where different from the Legislation, remain unaffected.
16.2. Jurisdiction: For resolving disputes relating to the interpretation, performance, and termination of the General Terms and Conditions or individual contracts for purchasing the Products, the court of the place of residence or domicile of the Customer shall have exclusive jurisdiction if located in Italy; otherwise, the Court of Trento shall have exclusive jurisdiction.
16.3. Conciliation procedure: In the event of disputes between Sahra Nko and the Customer (as a consumer as defined in Art. 3, paragraph No.1a of the Consumer Code) arising from the General Terms and Conditions, the Customer should know that the European Commission has established a European online platform for resolving consumer disputes (the ODR platform). The ODR platform can be found at the following address https://ec.europa.eu/consumers/odr/main/?event =main.home.show. Through the ODR platform, the consumer will be able to consult the list of ADR bodies, find the link to the site of each of them and start an online procedure for resolving the dispute he is involved in.
Version date: 23.06.2023