GENERAL SUPPLY AND SALES CONDITIONS


Preamble

Ohada Legis Service Providing Space entails the following information :

- the basic features of the services and products proposed,

- information on the price of these services and books in CFA Francs, the legal tender in most Ohada member countries and in euros, and where necessary, taxes included,

- and also, where applicable, the additional costs not included in the said prices,

- information on the terms and conditions of payment, of supply of the services and of delivery of the products.

Before ordering, please read carefully all this information.

Definitions

In the coming paragraphs, the following words and phrases shall have the following meaning :

- " distance contract " : any agreement for the supply of professional services and the sale of documents and books concluded between Ohada Legis and the Internaut in the framework of a system of electronic mail order selling exclusively using the internet up to the conclusion of the agreement, such conclusion included ;

- " order form " : the form describing the features of the service(s) or product(s) ordered by the Internaut, which shall be signed by him/her with a single click (Paypal payment system) or a double click (other payment methods);

- " order " : the step taken by the Internaut to buy a service or a product ;

- " double-click " : the confirmation by the Internaut of the Order Form as follows : "Please confirm by clicking on the link hereunder that you actually want to order the service(s)/product(s) mentioned in the Order Form you have just filled".

Article 1. Purpose of the Contract

The purpose of this distance Contract is to set up the rights and obligations of the parties in the framework of the supply of services and the sale of products to be executed in Ohada Legis Service providing Space.

Article 2. Contractual instruments

This contract shall include the following instruments in decreasing order with regard to their legal value :

- these General Conditions,
- the Order Form used by the Internaut.

Article 3. Ordering procedure

3.1. On line legal opinions and services are ordered by using the various on line Order Forms (some related to conventional bank payments, Paypal payment system or Western Union payment system) or those which may be sent by fax ( PDF files).

3.2.
Any Order Form signed by the Internaut either by a "single click" or " double clicking " as mentioned hereabove is an irrevocable acceptance which may be challenged only within the limits of the events provided for in article 4 of this Contract here under, relating to the fulfillment of orders.

Article 4. Order fulfilling

The orders shall be fulfilled latest :

4.1. The orders given shall be fulfilled latest :

- for the on-line products of the Ebookshop (legal opinions, books and articles of association on line) :

. almost instantly after ordering
: in the event of secured payment through Paypal
(click here for more information),
. after checking if the payment was made :
with all other standard bank payment methods (transfers and cheques) or with expres cash transfers such as those sent through Western Union or Moneygram
(click here for more information);

- on the date indicated in the estimate, for the services supplied on the basis of estimates.

4.2. The business hours and days are :

- Business days : Monday trough Friday, the following public holidays being excluded :

Civil public holidays :

- New Year (January 1rst)
- Youth Day (February 11)
- Labour Day (May 1rst)
- National Day (May 20)

Religious public holidays :

- Ascension - Good Friday
- Assumption (August 15)
- Christmas (December 25)
- End of Ramadan (Djouldé Soumaé)
- Tabaski (Fête du Mouton) (Djouldé Laïhadji).

NB. When a religious public holiday falls on a Sunday, the following day may also be declared a public holiday. The same applies if it falls on a friday or a tuesday : the previous day or the subsequent day may be declared a public holiday.

Business hours :
8 AM- 12.30 AM 2.30 PM-6 PM (GMT time + 1 h. If applicable in your country, take into account time readjustment in summer ).

4.3. If we are unable to deliver within the time-limit mentioned because of circumstances out of our control, the Internaut shall be informed as soon as possible and be given another date of delivery or have his/her money back.

Article 5. Delivery

5.1. Delivery or access to the documents shall take place :

- almost immediately after the ordering procedure by file downloading : in the event of payment of the Ebookshop products by Paypal payment system,

- after checking if the payment was made by the internaut, by on-line downloading of the files concerned, or the files are sent to the email indicated in the order-form,

- following the terms and conditions agreed upon by the parties in the event of professional services delivered after an estimate.

5.2. In the event of supply of professional services, a paper copy of the file(s) sent by electronic mail may be sent by regular post mail without any additional charge. If it is to be sent by express international mail service, the additional charges related thereto shall be indicated.

5.3. For security reasons, the files related to the products ordered may be accessed only with (code(s) which are personnally sent to the beneficiary of the order.

Article 6. Warranty


6.1. The services and products supplied are the result of rigorous handling and management. Our warranty implies that :

- the services or the products ordered shall be in accordance with their description,
- the terms for fulfilling orders, for delivery and for making the documents available on line shall be respected.

6.2. We cannot be liable of any postponement resulting from circumstances beyond our control (notably acts of God).

Article 7. Prices

The price of services and books is indicated in CFA Francs which is the legal tender in most Ohada member countries and in Euros. When it includes Value Added Tax (VAT), this is indicated. It is then the VAT on the ordering date. Any change in the rate which may occur before the delivery shall automatically be included in the-said prices.


Article 8. Terms of payment

8.1. The Internaut shall make the payment relating to his/her order :

-
for the On Line products of the Ebookshop, cash :

. through Paypal secured payment system,

. or at a Western Union Agent office located in his/her country of residence in favour of Ohada Legis to Western Union local Agent in Cameroon : Banque Internationale du Cameroun pour l'Epargne et le Crédit (BICEC) in Douala, Bali Branch,

. or by express bank transfer in favour of Cabinet Mandessi Bell/Ohada Legis (we will then provide you with our banking information in Douala):

- for the Professional Service, 40% of the amount upon ordering and 60% before delivery, by certifed cheque or bank transfer in favour of Cabinet Mandessi Bell/Ohada Legis as indicated here-above, or through Paypal secured payment system or by expres cash transfers (such as those sent through Western Union or Moneygram). (For more information on How to pay Ohada Legis products or services click here).


8.2. An invoice shall be sent upon delivery.

Article 9. Utilization of the services and products of the Service Providing-Space

The services and products supplied in the framework of this Service Providing Space are delivered for a personal use. They cannot be reproduced, copied, sold, sold again, or exploited for a commercial purpose whatsoever, notably in web sites or otherwise. Any utilization to ends other than the one indicated here-above shall give rise to the institution of lawsuits.

Article 10. Personal information

The personal informations asked from the Internaut are necessary for the handling of the orders and shall exclusively be used to this end. They may, where necessary, be sent to our partners in charge of the handling of the Secured Payment Space, if the Internaut has to have access to these services.

Article 11. Electronic signature

The "single"(Paypal payment system) or "double click " (other types of payments) upon ordering shall constitute the electronic signature which shall have, between the parties, the same value as a hand-written signature in the order forms sent by fax.

Article 12. Complaints

Claims relating to orders fulfilled shall be sent on the Form provided for this purpose under the headingsClaims relating to fulfilled orders , latest, 7 (seven) days after the documents have been delivered or made available on line.

Article 13. Cryptology

We warranty that if we happen to use any means or service relating to cryptology to make the transactions related to the supply of our products and services more secure, this shall be done in compliance with the laws in force.

Article 14. Evidence

The communications, orders and payments which occured between the parties shall be registered in computerized registers kept as evidence in Ohada Legis computers in appropriate and secure conditions.

Article 15. Conservation and filing of the transactions

The filing of Order Forms and Invoices in the framework of the business relations occuring in our Service Providing Space shall be made on a reliable equipment so as to keep an accurate and long-lasting copy.

Article 16.
Scope of the Contract - Waiver

These General Conditions constitute all the parties'obligations. The fact that Ohada Legis did not avail itself of a failure from the Internaut to fulfill one of his/her obligations under this Contract shall not be deemed to be a waiver thereof.

Article 17.
Laws governing the Contract - Competent courts

17.1. Any dispute which may arise between the parties in the framework of this Contract shall first try to be settled amicably, on the initiative of the promptest party.

17.2. In the event of persisting disagreement between the parties, the dispute shall be settled by the competent courts in Douala, Cameroon which shall implement Cameroonian law.

Article 18. Change in the General Sales Conditions

The present sales conditions may be modified from time to time. The Internaut is therefore invited to read them before ordering to make sure he/she is aware of the latest version.

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