TERMS AND CONDITIONS OF USE OF THE SONEYA PLATFORM AND SERVICES

1-WHO WE ARE

SONEYA.COM an eCommerce marketplace platform is a product of AVARIA which is a limited liability company which is registered in the Republic of Guinea under registration No. GN. TCC.2021. B.09668, having our business address at Ratoma center Conakry.

These terms and conditions are our copyrighted intellectual property. Any use by a third party, even of extract of the terms and conditions, for the business purposes of offering goods or services is not permitted. Breaking may be subject to legal action.

Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the website and app and use of the Services is subject to the Privacy Policy. By accessing the website and any of its apps and by continuing to use the services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the website, apps, and services. Please read our Privacy Policy carefully. 

2-DEFINITIONS

In these terms and conditions:

a- Account: means the SONEYA.COM account that you will have to register on our Platform if you would like to place an order.

b- Apps: means our SONEYA.COM mobile app on Android and IOS.

c- Business Day: means a day from 9 am to 5 pm in Guinea, excluding Saturdays, Sundays, and public holidays.

d- Contract: means your order of a product or a service with these terms and conditions.

e- Customer: means any individual placing an order on our platform.

f- Order: means the order submitted by you to the platform to purchase a product.

g- Order acknowledgment: means our email to you, in which we accept your order.

h- Platform: means globally Soneya.com apps and website, and any order websites or applications which might own or operate from time to time, each of which shall be described as a platform.

i- Product: means any product available for sale to customers on the platform.

j- Website: means the soneya.com website accessed at the following address at  www.soneya.com

k- YOU: means a guest or a customer.

l- Reference to “clauses”: means to clauses of these terms and conditions.

m- Words communicating the singular shall include the plural and vice versa. Words communicating a gender shall include every gender and references to persons shall include an individual, company, corporation, firm, or partnership

3-ELEGIBILTY

To place an order with soneya.com you must be over 18 years. If you are under 18 years, you may place an order with soneya.com only with the involvement of a parent or a guardian.

4-PROHIBITIONS

You must not misuse our platform for any illegal activity or sell any prohibited or illegal products. You shall not use any automated system or software to extract data from this platform for any purpose. You shall not commit or encourage a criminal offense, transmit or distribute a virus or post any other material on the platform which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into; corrupt data; cause annoyance to other uses; break upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the platform. Any breach of this provision would constitute an offense. In the event such a breach occurs, soneya.com will report the breach to the relevant law enforcement authorities and appropriate legal actions will be taken.

5-ENTIRE AGREEMENT

5.1 These terms and conditions shall apply to your use of the platform and all orders and contracts made or to be made by us for the sale and supply of products and services. These terms and conditions constitute the entire agreement between you and us and replace any and all preceding and contemporaneous agreements between us.

5.2 You acknowledge that by entering into this contract, neither you nor we have relied on any representation, undertaking, or promise given by the order or implied from anything said or written between you and us prior to such terms and conditions, except as expressly stated in the terms and conditions.

6-TERMS OF SALES

6.1-Registration

 

To sell or buy our website and apps, you must register with us by creating an account on the platform. You must only submit to us information that is accurate and true. You must also keep your information up to date by informing us of any changes by using the relevant section of the platform. You must not misuse the platform by creating multiple user accounts.

6.2-Formation of a contract

·       The information set out in the terms and conditions and the details contained on this platform does not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until we have delivered the product or service to your address.

·       To submit an order, you will be required to follow the online shopping process on the platform. After this, you will receive an order acknowledgment which will act as an acknowledgment of our receipt of your order. You acknowledge that the receipt of an order acknowledgment is not considered an acceptance of your order by us.

·       An order is only considered accepted by us upon your order being delivered to the delivery address provided by you, at which time you will receive an email notifying you that the order has been delivered.

·       A contract will relate only to those products which we deliver to you.

6.3- Commissions

·       Be a seller on soneya marketplace involves paying commissions to AVARIA. By accepting the terms and conditions mean that the seller accept a 7% of commission that include the cost of running the platform and the transections costs of different payments methods.

·       Buyers using third party payment methods such as Avaria Money and MTN MoMo to purchase products or services will contribute in paying the transaction fees. The contribution of customers can be up to 1%.

7-TYPE OF PAYMENTS

You can pay using any of our payment methods avaria, by check, bank transfer, or any partner listed on our platform.  Cash on delivery is not a preferred payment method and can be accepted exceptionally in some given circumstances.  

8-DELIVERY

We aim to deliver the product to you at the place of delivery requested by you in your order and the delivery date and time indicated by us at the time of your order checkout.

Upon delivery of the product, you may be required to sign for delivery or to provide a one-time password (OTP) from your other in your app to confirm delivery.

9-GUARANTEE AND COMPLAINTS MANAGEMENT

Soneya.com shall perform its obligations under these terms and conditions with reasonable skills and care.

We place great value on our customer satisfaction. You may contact us at any time using our contact provided.

In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the order or at least the order number that was assigned to you in the order acknowledgment. To make sure your complaints are treated efficiently, use any communication channel that is easy for you to reach out to us.

New products should have at least a three-month warranty and used and refurbished products should have at least one month warranty. Products that are subject to testing should be tested and returned immediately if the buyer is not satisfied with the product.

10-PERONNAL DATA PROTECTION

AVARIA.COM takes its responsibilities in relation to protecting your personal data et compliance with applicable laws very seriously. We are committed to properly managing, protecting, and processing your personal data in accordance with this policy, which shall apply to all personal data we collect from you through our platforms.

For the purpose of understanding AVARIA personal data protection “policy”, capitalized terms used in this policy shall have the following meanings:

·       Applicable Laws: this means Guinea’s personal data protection law.

·       Apps: means our soneya.com mobile apps on Android and IOS.

·       Personal Data: means any data, whether true or not, which is about an individual who can be identified from that data; from that data and other information to which we have or are likely to have access and would include data in our records as may be updated from time to time, or define as personal data or personal information under any applicable data protection laws or define as personal data or personal information under any applicable data protection laws.

·       Platforms: means globally soneya.com apps, social media and website, and any other websites or applications which we may own or operate from time to time.

·       Social Media: means soneya.com pages and accounts on third-party social media platforms such as Facebook, Instagram, Twitter, YouTube, and any other social media similar to those mentioned here.                                                                                                                 

·       Website: means the soneya.com website accessed at the following address at www.soneya.com

·       Soneya.com: (We, Us, or Our) means Soneya platforms on the E-commerce (website and apps)

11-CIRCONSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

We shall not be liable to you for any breach, or delay in the performance of a contract attributable to any course beyond our reasonable control, including without limitation:

Strikes, riots, storms, floods, pandemics,s or other natural disasters, impossibility to use public or private transport, impossibility to use public or private or private telecommunication networks, regulation or restriction of any government or accident.

12- INTELLECTUAL PROPERTY RIGHTS

All content included in or made available through our platforms, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles, and data compilations is the property of AVARIA or its contents suppliers and is protected by copyright laws. All such rights are reserved by AVARIA and its licensors. You may store, print, or display the content supplied solely for your own personal use. You are permitted to publish, manipulate, distribute or otherwise reproduce in any format, any of the content or copies of the content supplied to you or which appears on this platform nor may you use any such content in connection with any business or commercial enterprise.

13- GOVERNING LAW

These terms and conditions and the contract (and all non-contractual obligations arising out of or connected to them) shall be governed and interpreted in accordance with the laws of Guinea. Both we and you hereby agree to submit to the non-exclusive jurisdiction of the court of Guinea. All dealings, correspondence, and contacts between us shall be made or conducted in the French or English language.

14- PROHIBITED BEHAVIOUR 

You agree not to use the App in any way that: 

·       is unlawful, illegal or unauthorized; 

·       is defamatory of any other person; 

·       is obscene or offensive; 

·       infringes any copyright, database right or trademark of any other person; 

·      advocates promote or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Misuse of any trademarks or any other content displayed on the website and app is prohibited. You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights. Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions. 

All disputes arising from the usage of the website and apps shall be governed by and construed in accordance with the Guinean laws, and shall be submitted to the sole jurisdiction of the competent courts of Conakry, Guinea.

 

15- VARIATION

Users should understand that possible variations between the images on the website or on the app and the real product can happen. If the user finds that those differences are significant, He/She can notify us, via the best possible way explaining the issue, and provide us with detailed information about the order and about the real product that was delivered.

16- CHANGES/UPDATES TO THIS AGREEMENT

We reserve the right to amend these terms and conditions and our policies at any time at our sole discretion without prior notice. All amendments to these terms and conditions, including our policies will be posted on our Platform and be effective immediately.

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason at our sole discretion without prior notice. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the website or apps after the date such revised Agreement is posted. 

17- DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED INTO THE WEBSITE AND APPS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS, OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR BREACHES OF INDIVIDUAL PRIVACY AS A RESULT OF YOUR MISUSE OF THE APP. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING A PERSON’S CONSENT FOR TRACKING WITHIN THE APP AND GUARANTEE THAT SUCH CONSENT IS VOLUNTARY, EXPLICIT, AND UNAMBIGUOUS.

18- LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE WEBSITE AND APPS AND ITS SERVICES IN ANY COUNTRY.

19- TERMINATION

We reserve the right to terminate this Agreement at any time at its sole discretion for any reason.

Upon any termination (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

20. CONTACT INFORMATION 

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions, please contact us through the Contact Us page of through the chat function of the app if you are a seller.

16- OPÉRATIONS COMMERCIALES EN DEHORS DE NOTRE SITE INTERNET ET DE NOS APPLICATIONS

Notre société n'est pas responsable de toute transaction qui a lieu en dehors de notre site Web ou de nos applications. Le but du chat vendeur-acheteur est de les connecter pour une prise de décision plus éclairée par l'acheteur. Nous encourageons nos clients à faire preuve de prudence lorsqu'ils s'engagent dans des transactions en dehors de notre système.