English
1- Purpose: The purpose of these general terms is to define the terms and conditions for using the connection service (hereinafter: the "Service") between individuals wishing to order products (hereinafter: the "Products") remotely (hereinafter: the "E-consumers") directly from an E-supplier (hereinafter: the "E-supplier") through the AZETTA WEAR application (hereinafter: "the Application"), and the use of the Online store and all the services offered therein by the AZETTA WEAR application, in eligible countries, namely Algeria and Tunisia (hereinafter: "Eligible Countries"), as well as to define the rights and obligations of the parties in this context. They are notably accessible at any time via a direct link on the application and/or the website. They may be supplemented, where applicable, by specific terms of use. In case of contradiction, the specific terms prevail over these general terms. "The E-Supplier" within the meaning of these general terms refers to any natural or legal person who markets or offers the supply of goods or services by electronic means.
2- Who offers the AZETTA WEAR connection service: The connection service through the AZETTA WEAR platform is offered by the following eligible countries: Algeria: Name: Azetta Wear Postal address: 07 rue idir toumi, Ben Aknoun Alger DZ, 16306 Email: azettawear@gmail.com Customer Support: (+213) 557 93 88 83
3- Access to the application and the service: The service is accessible, subject to the restrictions provided on the AZETTA WEAR application: To any natural person with full legal capacity in accordance with the law in force in the eligible countries to enter into these general terms. To any legal entity acting through a natural person with the legal competence to contract on behalf of and for the account of the legal entity.
4- Acceptance of the general terms: The acceptance of these general terms is evidenced by a checkbox in the registration form of the AZETTA WEAR application and/or website. This acceptance must be full and unreserved. Any conditional adherence is considered null and void. The E-SUPPLIERS acknowledge that the use of the AZETTA WEAR application must only be for the service intended for this purpose as cited in the purpose. Using the application for a reason other than that cited in the purpose exposes the perpetrator to penalties, without prejudice to any legal action that AZETTA WEAR may initiate for damages caused.
5- Registration on the site and/or the application: Access to the service requires the E-Supplier to register on the AZETTA WEAR application, by filling out the form provided for this purpose. The E-Supplier must provide all the information marked as mandatory (name, first name, address, email, and especially their phone number); any incomplete registration will not be validated. For the registration to be validated, the E-Supplier must provide a valid phone number and sign a partnership agreement. Before creating the profile of the partner E-Supplier, AZETTA WEAR must verify the latter's phone number by sending it to one of its suppliers. After the phone number is verified, the E-Supplier's profile is automatically created (hereinafter: the "Profile"), giving them access to a personal area (hereinafter: the "Personal Area") which allows them to manage their use of the service, in a form and according to the technical means that AZETTA WEAR deems most appropriate for providing said Service.
6- Description of the Service: The Service consists of putting the E-supplier in direct contact with the E-consumer of AZETTA WEAR through the AZETTA WEAR platform, in all the eligible countries mentioned in article 2 hereof. Access to the service absolutely requires the E-Supplier to have a Smartphone and/or a device with internet access (3G and/or 4G connection). AZETTA WEAR allows the E-Supplier to access their personal area from which they can manage their Product catalog and their Orders, and thus monitor their activity and correspondence with E-consumers. The E-supplier thus has an online store on the AZETTA WEAR platform, visible to all AZETTA WEAR E-consumers.
6.1. Financial Conditions: Payment is made by AZETTA WEAR to the E-Supplier's account, calculated on the basis of the sum of the all-taxes-included (VAT/TTC) selling price of the products successfully delivered to the E-consumers, collected on behalf of the E-Supplier by AZETTA WEAR with deduction of the commission and fees; The E-supplier will be provided with a summary statement of all transactions and turnover generated through AZETTA WEAR; The payment terms and conditions differ according to each eligible country.
6.2. Invoicing: The service is subject to invoices which are communicated to the E-Supplier by any appropriate means.
7- Order: Product Characteristics: Product offers and, more generally, all content published in the E-suppliers' sales spaces are broadcast by them under their sole and entire responsibility. Each E-supplier strives to present the main characteristics of the Products as clearly as possible within their sales space and the mandatory information that the E-consumer must receive under applicable law. The E-consumer undertakes to read them carefully before placing an order on AZETTA WEAR. Product Selection by the E-consumer: The E-consumer can make their choice on the product(s) subject to their order based on the E-supplier's products displayed by them on the AZETTA WEAR connection platform, It is possible to access the cart at any time (by clicking on the button representing a cart) and to modify its content by adding or removing an item. Order Validation by the E-consumer: Once the order is validated by the E-consumer, the E-supplier understands that they have a period of forty-eight (48) hours to prepare the order. Availability: The Products presented on AZETTA WEAR must be available. It is nevertheless specified that the E-SUPPLIER has a period of Twenty-four (24) Hours after the Order to confirm the availability of the Product to the E-consumer. It is only from this confirmation that the sale of the Product will be considered final, the Sales Contract being concluded under the condition that the Product is available; If a product becomes unavailable after the order, AZETTA WEAR will inform you by email of this unavailability and give you the opportunity to choose between:
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placing a pre-order for the product, the order is then deemed validated upon the product's availability;
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canceling the order.
8- Data: The E-Supplier expressly acknowledges and accepts: That the data collected on the AZETTA WEAR application and/or website and on AZETTA WEAR's computer equipment shall be evidence of the reality of the operations involved hereunder; That this data constitutes the only mode of proof accepted between the parties, particularly for the calculation of sums due to AZETTA WEAR The E-Supplier can access this data at any time in their Personal Area.
9- Obligations of the parties: 9.1. AZETTA WEAR's Obligation: Provide the E-supplier with a platform that allows them to receive orders from E-consumers; Transmit E-consumers' orders to the E-supplier upon receipt via its AZETTA WEAR connection platform; Contact E-consumers to verify their information and their orders; Provide the E-supplier with telephone support, allowing them to contact AZETTA WEAR at any time; Provide E-consumers with the offers supplied by the E-Supplier; Commit to handling any complaint following the sale of a Product on the AZETTA WEAR Platform; AZETTA WEAR cannot guarantee that the E-Supplier's Product and/or service will satisfy the E-consumer. Similarly, AZETTA WEAR cannot guarantee the E-Supplier that the Product will not be returned or that the sale will not be canceled by the E-consumer.
9.2. E-Supplier's Obligation: Without prejudice to the other obligations provided herein, the E-Supplier undertakes to: Proceed with the preparation of E-consumers' orders upon their acceptance; Respect the preparation deadlines; Ensure that orders always comply with E-consumers' requests and take charge of the return of non-compliant orders; Ensure the provision of quality orders, and take charge of any return due to a delay and/or error on their part; Comply with the laws and regulations related to their commercial activity; The E-Supplier undertakes that any offer of a Product and/or service corresponds to a tangible good of which they have full and complete ownership and capacity to sell, and which is immediately available or whose ownership, capacity to sell, and availability will be certain for the Products offered for pre-order. The E-supplier has the responsibility of applying a certified original product badge, but they must only use it when the product is original (otherwise the product will neither be returned nor paid for to the E-supplier). In case of non-compliance with this condition, AZETTA WEAR reserves the right to take the measures described in Article 13 hereof; Ensure continuous updating of the information placed on the AZETTA WEAR application and/or the website so that it is identical to that applied in their store. This includes prices and special offers. Consequently, the E-supplier is required to immediately inform AZETTA WEAR of any change mentioned above. Notify AZETTA WEAR once the E-consumer launches their request via the platform, in which case the partner understands that they have a period of 24 Hours to proceed with the preparation of orders; Keep the device turned on whenever the order passes through the AZETTA WEAR connection platform; In view of the proper execution of these terms, the E-supplier undertakes to have all the necessary resources (Personnel, products and equipment, Stock, etc.), to meet all orders that pass through AZETTA WEAR, within the allotted time; In case of order cancellation, the E-Supplier is required to indicate the reason(s) for said cancellation; The E-supplier undertakes to comply with the laws and regulations in force relating to E-commerce in the eligible countries mentioned in Article 2 hereof;
10- Responsibility of the parties: 10.1. AZETTA WEAR's Responsibility:
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AZETTA WEAR undertakes to provide the service diligently and according to the rules of the art, while respecting delivery times and handling returns in case of shipment outside the allotted time and/or non-compliance with E-consumers' requests when this delay or error is not due to a fault of the E-Supplier;
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AZETTA WEAR undertakes to regularly carry out checks to verify the operation and accessibility of the application. In this respect, it reserves the right to temporarily interrupt access to the application for maintenance reasons;
Similarly, it cannot be held responsible for temporary difficulties or impossibilities of access to the applicati on that are caused by circumstances beyond its control, force majeure, or are due to disturbances of telecommunication networks; AZETTA WEAR cannot be held responsible for content whose authors are third parties. Any potential claim must first be directed to the author of the content in question. Content detrimental to a third party may be notified to AZETTA WEAR, which reserves the right to take the measures described in Article 13 hereof; AZETTA WEAR disclaims all responsibility in case of potential loss of information accessible in the E-Supplier's personal area when this loss was caused by the E-Supplier's own action; AZETTA WEAR disclaims all responsibility in case of use of the service not in accordance with these terms by the E-Supplier. It disclaims all responsibility in case of any damage that may result from the unavailability of the AZETTA WEAR applications or a connection problem. AZETTA WEAR disclaims all responsibility in case of delivery of an order that does not meet E-consumers' expectations. In this case, the E-Supplier is solely responsible and must reimburse the E-consumer in case of return and/or refusal of the order.
10.2. E-Supplier's Responsibility: The E-Supplier guarantees that all the information they communicate in the registration form is accurate, up-to-date, and sincere, and is not tainted by any misleading character; They are informed and accept that the information entered for the purpose of creating or updating their profile serves as proof of their identity; They are informed and accept that the implementation of the service requires them to be connected to the internet and that the quality of the service directly depends on this connection, for which they are solely responsible; They are also solely responsible for the relationships they may establish with other users and the information they communicate to them within the framework of said service; They are solely responsible for content of any nature (editorial, graphic, audiovisual, or otherwise, including the name and/or image possibly chosen to identify them on the application) that they disseminate within the framework of the service (hereinafter referred to as: the "Content"); They guarantee AZETTA WEAR that they have all the necessary rights and authorizations for the dissemination of this content; They undertake that said content is lawful, does not harm public order, good morals, or the rights of third parties; The E-Supplier is responsible for the shipping packaging of their items; The E-Supplier is solely responsible for setting the prices of their products. The price is indicated in the currency of each eligible country, all taxes included (VAT/TTC);
11- E-Supplier's Guarantees:
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The E-Supplier guarantees AZETTA WEAR priority in the preparation of orders;
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The E-Supplier guarantees AZETTA WEAR against all complaints, claims, actions, and/or demands of any kind that it may suffer from its E-consumers, due to the hygiene or quality of the products.
12- Prohibited Conduct: By accepting these general terms of AZETTA WEAR, the E-supplier acknowledges having read the following: That it is strictly forbidden to undermine public order or violate laws and regulations; That it is strictly forbidden to use the AZETTA WEAR application for purposes not in accordance with these general terms of use; That it is strictly forbidden to disrespect the partner delivery person, insult them, sexually harass them, or commit acts of violence against them; That it is strictly forbidden to publish fictitious, fraudulent, or misleading Offers; That it is strictly forbidden to have altercations with the delivery person or E-consumers; That it is strictly forbidden to insult the delivery person; That it is strictly forbidden to contact E-consumers outside the AZETTA WEAR application. That it is strictly forbidden to sell prohibited products in accordance with the regulations in force;
13- Penalties for Breach: In the event of a breach of any of the provisions of these general terms or, more generally, an infringement of the laws and regulations in force by a user, AZETTA WEAR reserves the right to take any appropriate measure, including: Suspending or terminating access to the service of the E-Supplier, the author of the breach or infringement, or the prohibited conduct, or having participated in it; Terminating the contract established between the E-Supplier and AZETTA WEAR without notice; Deleting any content posted on the application; Warning any concerned authority; Initiating any legal action.
14- Intellectual Property: The systems, software, structures, infrastructures, databases, and content of any nature (texts, images, visuals, music, logos, brands, database, etc.) operated by AZETTA WEAR within the AZETTA WEAR application and/or the website are protected by all intellectual property rights or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copies, and more generally, all acts of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the authorization of AZETTA WEAR are strictly prohibited and may be subject to legal proceedings. Ownership of E-supplier's intellectual property rights: In the context of the sale of Products via AZETTA WEAR, E-suppliers may present photographs, trademarks, logos, designs, and other models (Content) belonging to them or to third parties. Any E-supplier offering Products for sale through AZETTA WEAR guarantees that they have the right to represent all Content, related in particular to their Offers. In any event, except in cases where it acts as an E-supplier, AZETTA WEAR cannot under any circumstances be held responsible for an act of infringement, given its simple capacity as a host of the Content published by the E-suppliers.
15- Personal Data: AZETTA WEAR practices a personal data protection policy whose characteristics are explained in the document entitled "Privacy Policy," which the E-supplier is expressly invited to read on the application and/or the website.
16- Links and Third-Party Sites: AZETTA WEAR can in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the E-Supplier accesses through the site. AZETTA WEAR endorses no responsibility for the content, advertisements, products, and/or services available on such third-party sites and mobile applications, which are recalled to be governed by their own terms of use. AZETTA WEAR is also not responsible for transactions that occurred between the E-Supplier and any advertiser, professional, or merchant (including its potential partners) to whom the E-Supplier is directed through the site and cannot under any circumstances be a party to any potential disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations, and any other obligations to which these third parties are bound.
17- Duration of Services, Unsubscription: The Services are subscribed to for an indefinite period. The E-Supplier can unsubscribe from the Services at any time by sending a request to this effect to AZETTA WEAR by email, to the contact details mentioned in Article 2. Unsubscription is effective immediately. It results in the automatic deletion of the E-Supplier's Account.
18- Modifications: AZETTA WEAR reserves the right to modify these general terms at any time. The E-Supplier will be informed of these modifications by any appropriate means. An E-Supplier who does not accept the modified general terms must unsubscribe from the Services according to the procedures provided in Article 15. Any User who uses the Service after the modified general terms come into force is deemed to have accepted these modifications.
19- Applicable Law and Jurisdiction: These general terms are governed by the laws of each eligible country of these general terms. In case of dispute over the validity, interpretation, and/or execution of these general terms, the parties of each eligible country cited in Article 02 hereof agree to bring the dispute to the territorially competent court.
20- Entry into Force: These general terms will enter into force as soon as the E-Supplier accepts them by pressing the "accept" field.