General Use Conditions

Version updated on 2024-03-18

FOREWORD

Welcome on the Anka Marketplace platform (marketplace.anka.africa), property of the MANSAART company.

The Platform is the Internet platform of Anka Marketplace, allowing access to the whole website deployed by MANSAART, which is the site marketplace.anka.africa (thereafter designed as the « Website ») and the associated sub-domains.

The Website enables the encounter of sellers (thereafter the « Sellers ») with buyers registered on the website to purchase (thereafter the « Buyers »).

---

By using the website in any manner, including but not limited to visiting and navigating on the Website, you (« the user » or « you ») accept these conditions without restrictions, including the ones referenced presented here and referenced below and/or accessible by hypertext link.

The present general conditions of use (there after « General Use Conditions ») apply to all users of the website including without limitation the « sellers », « buyers », contributors to the content, information or any other element or service on the website marketplace.anka.africa and the services proposed on the website as a whole, or any other mean by the company Anka Marketplace.

---

The website marketplace.anka.africa is the e-commerce and services platform of fashion, art, handcrafts, beauty, fabrics, food or more globally African inspired culture, which offers the sale of the products made or distributed by the sellers, whether they are African or not.

The Website brings together the Sellers with any User of the platform, even not Buyer, who registered beforehand as a member, and also offers communication tools between Members. The Website also allows the publication and share of content by and to the visitors and members.

All the products for sale on the Platform by the Sellers are designated thereafter as the « Products » .

1. DEFINITIONS

1.1 « Member » : designate anybody who registers on the website.

1.2 « Platform » : designate the functional and organizational structure implemented by Anka Marketplace enables the encounter of Sellers and Buyers of the Products, accessible by the website at the addressmarketplace.anka.africa, or any address(es) that might be substituted to it. The Platform includes the whole website and as such designates any part or the whole Website.

1.3 « Seller »: designate a Member that opens a virtual shop on the Platform and offers products to be sold on the Platform.

1.4 « Product »: designate a product or service put on sale on the Platform by a Seller. The Product must be conformed to the present General Conditions and in Particular not be a Forbidden Product.

1.5 « Buyer » : designate a Member that has shown his interest to at least one product by an ordering to at least one Seller (whether he accepts or not) or has « kept in mind » at least one product.

1.6 « Content(s) » : designate any content supplied by a Member on the Website, notably, without this list being limitative any Product, any data, information, text, any registered object, description, comment, evaluation of a Seller,, any name, nickname, picture, photography, sound, video, logo and any element entered on the website by the Member including during his registering, including in a mail, on a blog or on the shop of a Seller.

1.7 « Forbidden Product »: designate a product forbidden to be sold on the Platform, as more detailed in the article 4.4 of the present General Conditions.

1.8 « User »: designate anybody who uses the Platform registered or not.

1.9 « Website »: designate the website at the url marketplace.anka.africa (or any other address(es) that might be substituted) and its associated sub-domains. The Website is part of the Platform.

1.10 « Virtual Wallet » : designate: (a) for the Seller, the money reserve available on the Seller's account, using the secure credit card payment system of Anka Marketplace, and has been credited or debited of the amount of his orders or commissions. The Virtual Wallet can be used by the Seller to buy services or products on the Platform ; (b) for the Buyer , the money reserve on the Buyer's account that made at least one order on the Site using the secure debit or credit card payment system of Anka Marketplace, and has been refunded of all or part of his purchases by a Seller following a transaction. The Virtual Wallet can be used by the Buyer to purchase products on the Platform. Each member disposes of a Virtual Wallet a the time of account creation, that allows him to pay his purchases and be paid according to the following General Conditions.

2. ANKA'S OBLIGATIONS

2.1 The Platform is an online exchange and sale space on which Products, conform to the present General Conditions (and in particular to Anka Marketplace's policy regarding Forbidden Products), can be put on sale, sold and acquired by Members, as long as their offer, sale or acquisition is not against the current legal provisions and the present General Conditions.

2.2 To this end, Anka Marketplace (i) offers to Sellers the possibility to present and sells their products and their universe by the mean of one virtual shop for each Seller, (ii) provides to the Sellers tools allowing them to promote further their Products, (iii) propose community tools to the Members allowing them to discuss with the other members and exchange information about their passion and (iv) offers shipping or financial services to the Members.

2.3 Anka Marketplace's activity is limited to the intermediation between Buyers and Sellers, except specific mention of the present. Anka Marketplace does not intervene in any way in the transactions between Buyers and Sellers, who decide on their own and to their own discretion, of the conclusion of the sale using the Platform. Anka Marketplace is neither retailer nor owner of the Products offered on sale on the Platform, and never possesses the Products on sale, except specific mention of the present.

So Anka Marketplace has no control on the Products and in particular cannot guarantee that the Product will satisfy the Buyer. Also, Anka Marketplace cannot guarantee to the Seller that the Product will not be returned and/or the sale canceled by the Buyer, all these elements being exclusively and only under the personal responsibility of each Seller and Buyer, except specific mention of the present General Conditions

2.4 Anka Marketplace on one hand and the Member on the other are independent parties, each acting in its own name and account. Except specific mention of the present General Conditions, the General Conditions presented do not create any subordination link, mandate, participatory company, common venture, employer/employee relations or franchisor/franchisee relation between Anka Marketplace and any Member.

2.5 As Anka Marketplace does not intervene in the transactions between the Buyers and Sellers, each Member has to inform Anka Marketplace in the event of a dispute between Members for any reclamation, and of any damage present or future, presumed or not , noted or not, resulting directly or indirectly from these reclamations.

2.6 Without opposition to the preceding, Anka Marketplace keeps the right to participate to the promotion of the Products put on line and sold by the Sellers, notably the implementation of partnership with other websites, and/or by publications in the medias and/or the sending of advertisement mails in respect of the legal provisions in effect.

2.7 Anka Marketplace does not control the information given by its members and publicly displayed on the Platform. The information of the other Members can be offending, damaging, imprecise or misleading. The identity and quality of a Member can differ from those presented on the website. So Anka Marketplace recommends caution and good sense from each user during his use of the Platform, and remains at their disposal for any complementary information.

2.8 By adhering to the following general conditions, Anka Marketplace gets the authorization from any User to contact them to present new products, offers or any other aspect of the platform following their visit on the platform. The User cannot therefore complain or litigate in any way regarding the said contacts, but will always be free at any moment to have it stop by asking formally the Anka Marketplace team on their stipulated email above.

3. MEMBER'S OBLIGATIONS

3.1 To access the Platform, the Member must first register and open an account on the website. The registration is only allowed to moral entities and physical persons over 16 years old, having the capacity to accomplish legal actions, under reserve, for the minors, to have beforehand the formal authorization of their legal tutor. The registration of a moral entity can only be realized by a physical person empowered to represent it, who must be nominated.

3.2 Any person that registers as a Member on the Website commits to supply exact, updated and complete information and all other data (notably personal) that might be necessary to finalize and maintain the registration on the Platform, notably a valid e-mail address and all necessary complementary information to become Seller or Buyer. Each member commits also to update his account and to add without delay any modification concerning his information. Each Member will be held sole responsible for any consequence that might result from the supply of invalid, erroneous or misleading information to Anka Marketplace and/or another Member.

3.3 To register, the Member must choose an username and password. The Member commits to not register under a username that might offend or violate the rights of a third person. Notably, the Member won't use an username that will violate the copyrights, brands, corporate designations or business name of a third party.

The Member is also free to request a change of his username at any time, all that is needed is to contact the Anka Marketplace customer service using the form dedicated in his account on the platform.

3.4 The registration of the Member on the Website allows creating an unique account with which he can access the whole Platform.This account, especially the email address used or any other identification data obtained, will also be used to communicate regularly the new products, offers , promotions or just collect his opinion , by email or any other communication mean available.

3.5 The username and password of the Member are strictly personal and the Member commits to maintain its confidentiality. The registered Member is the only allowed to use the Platform via his username and password and commits to not allow anybody an access under his identity or username. The use of a Member username, associated with his password, presumes an access and use by the said Member. In the hypothesis where the Member realizes the access of his account by a third party, the Member must inform Anka Marketplace immediately by e-mail at the address [email protected].

3.6 Each Member commits to create and use only one account, except specific and formal mention by Anka Marketplace for the Sellers. Any exception to this rule must be supported by an explicit request by the Member and an express and specific authorization by Anka Marketplace. The creation or use of new accounts under one's own identity or a third party's without requesting and obtaining the authorization of Anka Marketplace could result in the immediate suspension of the accounts of the Member and all services linked.

3.7 Each Member commits to using the Website and supplying Contents on the Website respecting the present General Conditions and the legal provision in effect.

3.8 Each Member is responsible for his Content, even if Anka Marketplace controls the Content after its upload. The Member forbids himself to do any act or action :

(i) violating the copyright, patents, brands, sketches and models, fabrication secrets, divulgation right or private life of the third parties;
(ii) defamatory, injurious, denigrating or slanderous ;
(iii) discriminatory or inciting to racial, religious, ethnic violence or hatred ;
(iv) obscene or pedophile ;
(v) likely to be qualified of embezzlement, fraud, breach of trust or to fall as any other penal infraction ;
(vi) in order to obtain the transfer of money without in counterpart the delivery of a Product conform to the present General Conditions and of a value corresponding to the amount asked ;
(vii) likely to damage any informatics system or clandestinely intercept any data or information ;
(viii) engaging the responsibility of Anka Marketplace or with consequence the benefit loss of all or part of the services provider of Anka Marketplace et notably the Internet services, payment and/or data storage providers. ;
(ix) likely to damage the reputation of Anka Marketplace or to constitute unfair competition or parasitic of Anka Marketplace or any other Member or third party ;
(x) which violates any law or directive applicable or any contractual clause binding the Member.

3.9 By communication a Content via the Website, the Member grants Anka Marketplace (but without any obligation to Anka Marketplace) a non-exclusive, non-transferable, free and sub-license eligible, for the whole world, and the duration of the Member registration, to use, reproduce, represent, publish, put to disposal, communicate, modify, adapt, display on the Website and any other supports (notably any physical or numerical support, in any press or financial folder or report, presentation support, promotional and or advertisement material, website) by any means, all or part of the Content, without limitation in the number of copies, to storage, advertisement, promotion, marketing, communication, public relations purposes, and for the needs of implementation of partnerships or sponsorships with Anka Marketplace's partners. The Member acknowledges that any use of his Content made by Anka Marketplace before his unregistration , the suppression of his account and the resolution of the present General Conditions, cannot be opposed by the Member.

3.10 By communicating a Content on the Website, the Member also grants directly to any User a non-exclusive, personal, non-transferable, non eligible sub-license, for the whole world, to reproduce and represent the Content to private non-commercial purposes.

3.11 The Member acknowledges that his Content can be seen on the Website by any User that might access to his profile and follows his activity.

3.12 Each Member agrees to indemnify Anka Marketplace in the event of action of a third party against Anka Marketplace as soon as the action might have its cause, funding or origin any Content supplied by him on the Platform. Each Member commits to sustain all consequences , notably financiary, that might result from such action and to indemnify at first notice Anka Marketplace.

Anka Marketplace has the right, without indemnity, notification nor prior notice, to modify or suppress the Content that violates one the dispositions of the General Conditions, and also suspend or suppress the Member account.

3.13 In the event of a Member noticing the sale of Forbidden Products on the Website, he commits to alert immediately Anka Marketplace using the button « Report Abuse » and/or by e-mail at [email protected]

3.14 The Member also forbids himself to (i) include in his research keywords terms harming the rights of a third party, and notably to the author rights, brands, social denominations or names of a third party or a Member, by using all or part of the username of another Member (ii) include in any content, any part of complete URL, address or domain name directing towards a website external to the Platform and/or (iii) to circumvent, use and/or oppose (or try to circumvent, use and/or oppose) to a service to be paid for on the Platform.

3.15 In the hypothesis of Anka Marketplace learning about any act or intent of a Member outside or inside the Platform (i) in order to reroute/redirect or try to reroute/redirect all or part of the Sellers or Buyers of the Site or entice all or part of the Seller or Buyers to not or not anymore sell or buy on the Site or any virtual shops on the Site or the Platform, (ii) potentially dishonest, prejudicial, antitrade, degrading, slanderous, defamatory, injurious, detrimental or damaging to Anka Marketplace, the Platform, of any Member, any third party (iii) violating in any manner the legislations and rulings applicable and/or (iv) aiming to promote any other activity or service than the platform’s, Anka Marketplace keeps the right to terminate the member's account shop, and the following General Conditions

3.16 In the event of Anka Marketplace noticing any act or intent of a Member, outside or inside the Platform, of commercially soliciting, prospecting or any other mass (to more than 3 Members in a 3 month period) contact without prealable authorization by Anka Marketplace, Anka Marketplace has the right to suppress the account and forbids access to the platform to the person by all means available, without withdrawing the possibility of complementary litigation.

3.17 The Member has the obligation to act in good faith in his relations with Anka Marketplace and the other Members.

4. SELLER'S OBLIGATIONS

4.1 Anka Marketplace’s goal is clear : help the Sellers to sell their Products and help them develop their activity . For more information, please consult the below article on Forbidden Products. It is also notably precised that the Products on sale on the website marketplace.anka.africa are exclusively to be African inspired products meaning:

• either to be made or composed of matter originated or commonly used in Africa, may it be the fabrics, pearls, patterns, design or any other component of the product.
• or having a message, usage or meaning clearly linked to or with African, Black or the Afro lifetsyle and/or culture;
• or be recognized by the Anka Marketplace team as African inspired;

4.2 The Platform enables the Seller to create his virtual shop using an unique account which is associated to an e-mail address, an username and the password unique. Also, the Seller is obligated to propose to the Buyer the credit card payment method, to allow the Buyer to pay all the Products bought on different shops of the same Site in one payment and/or the amount enables the payment in 3 times.

4.3 Anka Marketplace also offers promotional tools to the Sellers (for example reduction coupons, partners offer etc…). The use or not of such tools offered by Anka Marketplace is under the sole responsibility of the Seller.

4.4 Each Seller forbids himself to list and offer to sale on the website any Products:

(i) explicitly unauthorized to sale by Anka Marketplace on the Website, notably a Seller’s Charter;
(ii) against the law and regulation effective or the good customs and morals or unauthorized according to the current dispositions , notably Forbidden Products (in particular the Products constituting illegal concealment or importation), violating the rights of a third party such as counterfeit Products as defined by the Code of intellectual property, sold in violation of selective or exclusive distribution networks, or stolen and/or non conform to the effective prescriptions relatives to security and the health of persons applicable to certain products (for example the toys, the electrical apparels, the cosmetic and corporal hygiene products, child care articles, textile articles or leather or leather-imitated articles) ; Anka Marketplace brings to the Seller's attention the absolute necessity for the Seller that puts a Product on the market and especially to be sold on the Platform , to ensure that the Product is strictly conform to all legislation, ruling and other prescriptions applicable, starting from its production or fabrication to its purchase by the Buyer. Therefore, the Seller commits to engage all means necessary to reach this obligation of legal conformity, especially the implementation of auto-controls at all steps of the commercialization and the justification on demand of the competent authorities to control and verify accordingly.
(iii) which are not tangible and numerical or physical objects ;
(iv) which solicits donations, complements, add-ons or any other pecuniary action supplementary.
(v) not corresponding or not exactly to a Product of the Seller, effectively available for purchase or to be sold on the Platform.
(vi) which the Seller to not dispose of and/or is not able to deliver , notably according to the delay indicated in the online offer.
(vii) which the pictures were not realised by the Seller or for which it does not hold all the rights . Only the photos fully and legally owned by the seller are allowed.
(viii) any products that offer skin lightening, enlargement, sexual performance, romance, luck or mystical spiritual benefits are not allowed on the platform.

4.5 In the event of Anka Marketplace noticing, following an alert of a Member or by its own action, the selling of Forbidden Products on the website, Anka Marketplace keep the right :

(i) to unlist the sale of Forbidden Products or any Products contrary to the present General Conditions ;
(ii) to block, suspend, close or suppress the account of the Seller ;
(iii) communicate to the capable authorities all information required regarding the sell offer and/or buy of any Forbidden Product on the website, including the nominative information of Members if necessary and/or cooperate with the competent authorities on demand.

4.6 Each Seller commits :

(i) to indicate the complete and exact characteristics and specifications of Product on sale on the Platform and the fabrication delay, the Product price (all taxes included, especially duties’ to be paid if applicable), the delivery delay and the shipping cost, conforming the regulation applicable ;
Therefore, for all orders on which the duties tax or any other additional taxes are billed to the buyer, the Seller commits to take in charge this cost , according to financial modalities to be agreed with the buyer.
(ii) to carry out all necessary inquiries in order to fabricate or sell each Product in order for the offer to be accurate and that the Buyer might not be mistaken. Each seller is sole responsible of supplying the integrality of the sale offer elements notably the description, photos, price and cost and delay of delivery;
(iii) to put the Product in the proper category and with the proper specifications to be filled in and found , the Seller being sole responsible of the category in which he indexes his product, this indexation cannot be interpreted in no circumstances as a guarantee from Anka Marketplace on the origin, legal conformity and authenticity of this product.
Anka Marketplace may however moderate, modify , suppress or block any product that is not the right category or bears the wrong specification , or is contrary to the Seller’s Chart or the present conditions.

4.7 Each Seller is the sole responsible of any products he puts to sale on the platform, also as the respect of all laws and regulations applicable to the fabrication and sale of these products, and will be sole responsible (notably in front of the Buyer but also of Anka Marketplace) in case of damage caused by his Products and more globally of all consequences linked to the offer and sale of his products. Anka Marketplace warns the Seller against the existence of specific regulation applicable to the sale and fabrication of certain regulated products such as, for example , the toys, the electrical tools, the child care tools, the textile articles, the leather or leather imitation articles etc.. Anka Marketplace can not be in no manner held responsible for the sale of a Product by the Seller that would not conform to the law and regulation in effect.

The Seller commits to guarantee Anka Marketplace in the event of the complain, action , claim of a third party against the non conformity of a Product to the applicable legislation , and to indemnise Anka Marketplace of all consequences linked to the non conformity of his Products to the laws and rulings applicable . The Seller commits accordingly to take directly to his charge the payment of all sums, including all eventual condemnations, legal fees, lawyer's fees and other amounts that might be due to this effect (or to reimburse Anka Marketplace at first demand).

4.8 The Seller commits to keep all information on the Buyer confidential and does not share them. The Seller also commits to use the contact details and other data communicated by the Seller only for the purpose of ordering processing and the legal obligations corresponding. Notably the Seller commits to not propose to the Buyer products available outside the Platform and not to use the personal information of a Buyer for other objectives than the execution of the order on the Site.

4.9 Each Seller guarantees to own all the necessary rights to sell any Product offer to sale by him on the Platform and guarantees Anka Marketplace against any reclamation regarding the content of a sale offer and/or the execution of the sale.

4.10 In case of a dispute between Sellers on the Content publicized by one of them (for example in case of counterfeit or illegal competition by one of the Sellers), Anka Marketplace intervenes in the dispute resolution by keeping the right to act/punish on the platform any or multiple parties concerned. Anka Marketplace also keeps the right to not pursue reclamations from a Seller in these cases, without encountering any responsibility at this title. Any potential intervention of Anka Marketplace cannot be substituted to the consultation by the Seller of a lawyer if needed.

4.11 The Seller that leaves or is unavailable for more than 48 hours, commits to suspend his virtual shop, by using the deactivation function offered by Anka Marketplace on the Platform. Anka Marketplace also offers to the Sellers an option enabling the automatic reactivation of the Products.

4.12 The Seller which behavior (inside or outside the Platform)is susceptible to hurt the image and/or reputation of Anka Marketplace or the Platform , might have his behavior sanctioned by Anka Marketplace , conforming to the article 12.2 of the present General Conditions, notably in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers . in the event of consecutive and repeated negative feedbacks or complaints with one or many Buyers .

4.13 The Seller that wishes to be paid using his Virtual Wallet must beforehand provide Anka Marketplace with detailed bank account information. The Seller accepts that the amounts that are due for the sales of Products on the Platform and that are paid by credit card , in 3 times or in a single cart , are credited on his Virtual Wallet. The Seller can get the amount of his Virtual wallet by bank wire or money transfer or on the credit card linked to its Wallet, depending on the conditions met by the order progression and his status.

4.14 Case of the Professional Seller

The Seller acting as a professional must indicate it on the Platform and fill his registration number to the Commerce and Societies Register and any other information required by Anka Marketplace allowing to identify him.

It is the responsibility of each Seller to determine if he acts as a professional or not, by asking, if necessary, at his cost, the legal assistance necessary to determine his status and accomplish all proper formalities accordingly.

Anka Marketplace also reminds the Seller acting as a Professional his obligation to respect all the rules and obligations incumbent upon him in his quality of professional, regarding the applicable law, notably but without limitation to the consumption right (offer clarity made to the consumer, consumer information, Products disponibility, delivery conditions, retraction right of the consumer, remote and overbroad billing, guarantees etc..), the company law, social law , fiscal law, illegal, deceptive or aggressive competition laws, and those regarding the sales, that he declares to know perfectly.

The Seller acting as professional guarantees Anka Marketplace that he will conform as a professional to his obligations and indemnify Anka Marketplace of all consequences linked to the violation of the Seller to any of his obligations as a professional Seller. The Seller then commits to directly take in charge the payment of any amount, including eventual condemnations, advocate fees and any other amounts that will be due according to that violation.

4.15 The Seller commits to respect the conditions and modalities of sales in place in his country and the Buyer's , especially in terms of exchange, refunding and return fees responsibilities. In case of conflict between countries' legislation, the latest legislation in France is the referring legislation.

4.16 As a member of the community and to protect its image, the Seller has the obligation to fix any litigation or issue pleasantly and to the advantage of the Buyer as much as possible, even if he acts in unpleasantly or bad faith. If this happens, the Seller is then free to end the transaction by refunding the Buyer and notifying him politely.

4.17 The Seller commits to deliver the products to the Buyer in the delay indicated on its page on the website, or ideally before or if not in 10 days maximum from the order date. Otherwise, the Seller commits to update the Buyer each week at minimum and if the Buyer requests it , to refund him entirely. This refund should be done even if the product is being delivered but that the announced delay has expired. should be done even if the product is being delivered but that the announced delay has expired.

4.18 The Seller commits to respect each and every point of the Anka Marketplace Seller’s Chart scrupulously , with good faith and proactivity as much as possible. Otherwise, he can be subjected to the same sanctions as those evoked in these terms.

4.19 The general conditions implemented by the Seller cannot be contrary to the applicable laws nor to the following General Conditions , and only applies if the occuring case does not correspond to the stated rules, to those stated here or in the Seller’s Chart.

In the case of opposition or difference between the General Conditions of a shop and those of the Platform, the Seller commits to always respect the present and correct his, or he may face a shop suspension or deletion.

5. OBLIGATIONS OF THE BUYER

5.1 The Buyer can only create one account on the Platform. The opening of this account allows him to access the Platform and buy products on the Website, through the same account.

5.2 The Buyer commits to respect all the laws and regulation regarding the acquisition of any kind of goods.

5.3 After choosing his Product(s), the Buyer will have to verify the detail of this orders, the amounts and fill, if necessary, depending on the payment method chosen, the information allowing the payment of the Product(s) and correct eventual mistakes, the confirmation of his order by the Seller being automatically good for acceptation by the Buyer.

This confirmation will amount to a purchase offer.

5.4 As soon as the Buyer has ordered Product on the Platform, the Buyer accepts that his name, surname, and also his delivery address, country and town are communicated to the Sellers and potentially to any visitor of the website (through the ratings).

The Buyer is also responsible to verify his communicated address and cannot hold the Seller or Anka Marketplace responsible , in case of mistakes in the address entered.

5.5 The orders done by the Buyer are independent one from another. If one or many orders are or were not accepted by the corresponding Seller(s), the other orders of the Buyer aren't null and void and bound the Buyer. Therefore, the fact that one or many Product(s) ordered to one or many Seller(s) on the Platform is (are) not available is not a valid renunciation reason on the totality of the orders made, the Buyer being obligated to honor his order of the other Product(s) available.

5.6 As soon as the Product(s) ordered are received, the Buyer will confirm this reception . In the absence of reception confirmation of the Product(s) ordered, the Buyer should fill a formal complaint. If, after 30 days since the expedition date of the order, neither confirmation nor reclamation is received by the Seller, the transaction is considered finished between the Seller and the Buyer.

5.7 The Buyer is responsible to read and check the integrality of the product description and the seller's shop and sales conditions, including shipping conditions, before making his purchase. The Buyer can not retract his purchase for this reason or any request to the Sellers or Anka Marketplace for any confusion, missed information or inattention from his side.

5.8 The buyer is responsible to contact the Anka Marketplace team if she/he wishes to modify the information displayed or recorded or to be taken out of the Anka Marketplace database of mailing list.

6. SALE PROCESS

6.1 To buy on the Platform, you have to register beforehand as a Member or register as a Member at the time of the purchase.

6.2 The payment methods available on the Platform are the following : through the secure credit card payment system implemented by Anka Marketplace or payment by PayPal. The Buyer can also settle his purchases by his Virtual Wallet, given that it has sufficient credit. if not the Buyer cannot pay his purchase with the Virtual Wallet.

The sale is concluded between the Buyer and the Seller at the confirmation of the purchase by the Seller on the Site.

6.3 The Buyer can add to his cart Products of several virtual shops and settle all of his cart in one time. In this case, the Buyer should settle the amount of his purchase by credit card or his PayPal account and the Seller must accept credit card payment. Following the payment, each Seller will manage the order of his Products in conformity with the stipulation of the following article 6 and more generally the present general conditions. As soon as the Buyer has finalized his order on the Website, an order confirmation will be sent to the Buyer and the Seller.

6.4 The sale is concluded between the Buyer and the Seller since the payment by the Buyer on the Site, given, in the event of payment by credit card using the secure credit card payment system implemented by Anka Marketplace, and the confirmation by the Seller before 48 hours of the order. Otherwise, after this delay, the order is automatically canceled and the Buyer is automatically refunded. All the refunds are done by default on the virtual wallet of the Buyer, who has the responsibility to transfer them in his bank account or use them on the website again. In the case of a payment in 3 times, the refunded amount is first deducted from the next recurring payments to come, including on other orders. The refund only happens on the Buyer's wallet if the amount refunded exceeds the amount left to be paid.

The shop of the seller will also be temporarily suspended after the 3rd consecutive orders not validated. In the event of confirmation by the Seller in the 48 hours, his Virtual Wallet will be credited for the amount of the transaction(Products' price plus delivery costs) minus the commission and transaction fees.

As specified in the Seller Chart, a threshold of consecutive or cumulative cancellations can lead to the suspension or deletion of a shop on the Platform.

NB: Amount transferred on the Wallet = Total order amount - (commission + transaction fees).

6.5 The Buyer can also pay in 3 times his order(s) on the Site. Transaction costs of 10% of the total amount of the order will be due by the Buyer. The payment schedule will be the following : a third of the order amount plus the transaction and shipping costs will be due at the time of the order, a third of the order amount at 30 days, and the balance at 60 days. This option is accessible to the Buyer only for the orders' amount above 60€ on the Site. The transaction costs can be offered and/or the minimum amount reduced by Anka Marketplace in the event of punctual promotional operations. The payment should be done by credit card valid at least 3 more months.

The Seller must send the products as soon as the order is confirmed , even if paid in 3 times and without waiting for the rest of the payments.

In the event of failure to debit the cards , recovery costs are to be planned and the Seller might not get the missing funds if Anka Marketplace cannot cover them.

6.6 The Seller is responsible for the shipment and shipment of the order to the Buyer, respecting the delivery delays announced to the Buyer at the time of the order and the legal dispositions applicable. The complete contact details of the Buyer will be accessible to the Seller once the payment is done. As soon as the Seller is ready to expedite the order, he is to inform Anka Marketplace and the Buyer, by indicating this last the delivery date or the delay necessary for the delivery. If the order is expedited by tracked mail , the Seller also commits to give the tracking number to the Buyer. The Products ordered are expedited and shipped at the risk and cost of the Seller.

In the case of an expedition without tracking, the Seller is then responsible to send the product again at his own cost.

6.7 At the delivery, the Buyer must confirm the good reception of the order and rate the Seller for the transaction so that he can get access to the corresponding funds.

In the event of a sale with tracking number, and when asked to Anka Marketplace, the Seller can be manually credited of the sale amount, if the tracking indicates that the product has been received, even though the Buyer did not yet confirmed it, after been contacted again by the Seller to do so.

6.8 The transaction tracking can be done at any moment on the Website by the Member, using his account and evaluating the Seller, in order to wire the funds.

6.9 The reclamations, retraction rights use, refunding queries must be done by the Buyer to Anka Marketplace and the seller before the legal delay and up to 21 days maximum after the purchase.The transaction is recognized as closed automatically after 30 calendar days without confirmation or by the time the Buyer confirms the reception using his account.

Ultimately, in the lack of timely (less than 48 hours) reactive response and action by the Seller, Anka Marketplace is free to refund the buyer and ensure that he is satisfied or reimbursed for all transactions on the platform.

6.10 Once the order is delivered, the Buyer can also evaluate the transaction using the evaluation system on the Website. At the end of which, the transaction will be marked as « Ended ».

6.11 Anka Marketplace is in no way responsible for the sale and cannot be required to give any guarantee regarding it.

6.12 The claims, retraction rights and refund requests of the Buyer must be addressed to Anka Marketplace conformably to the article 7. The transaction will be considered closed 30 days after the expedition by the Seller, except if there is a claim addressed by the Buyer. At any time, the Buyer can contact Anka Marketplace to intervene and ensure he is satisfied or refunded for any transaction.

In the event of an issue not fixed between the parties in 7 days, the Buyer can contact the Anka Marketplace Customer Service that will intervene.

6.13 Anka Marketplace implemented a secure payment system by credit card on the Platform, allowing the Buyer to directly settle the amount ordered by credit card at the time of finalizing it. The payment by credit card will be mandatory in all cases specified in the following General Conditions. Also Anka Marketplace will also impose the credit card payment if the order of the Buyer reaches the 3 times payment threshold.

6.14 In this case, the Seller authorizes Anka Marketplace, in his name and on his behalf to open an account in the institution and/or financial partner of Anka Marketplace's choice proposing the corresponding services. The parties agree that this account will only be used for the ends mentioned in the following General Conditions in the hypothesis of the Buyer choosing to pay the Product(s) using the secure payment system implemented by Anka Marketplace and in conformity with its stipulations. The Seller expressly renounces the benefits of the sums (interests or others) eventually produced by the immobilization of the amounts perceived at the time of the order and the sale execution. The mandate is limited to the cash in of the amounts perceived in the name and on the behalf of the Seller.

6.15 As for the withdrawal of the funds from the Virtual Wallet, the Seller must wait either for the Buyer to confirm the reception of the Product(s) ordered (and not issue a claim following) or 30 days after marking the shipping of the goods (with a corresponding and valid tracking number).

Only the Verified Sellers (manually defined by Anka Marketplace) will be allowed to withdraw their funds before so, every week. For a payout to be taken into account , it must be submitted on the platform before Wednesday 9am UTC, or it might be taken into account for the following week.

7. RECLAMATIONS AND RETRACTION RIGHT

7.1 The reclamations, reclamation right use and refunding queries done by the Buyer must be addressed to the Seller, and managed between first, and if they cannot achieve either can then contact Anka Marketplace at any time, only if needed. The Buyer and Seller can each follow the procedure in their respective account and will benefit from an alert system in their order tracking area and can also contact Anka Marketplace from there.

7.2 The Buyer and the Seller will act with all necessary diligence to the good resolution of the reclamation, under the supervision of Anka Marketplace The final decision to refund the Buyer belongs to Anka Marketplace. If the Seller refuses to oblige to a claim, the retraction, cancellation, or return demand formulated by the Buyer or does not treat this claim in the 48 hours following its issuance, Anka Marketplace can study the claim or demand of the Buyer and, in case of abusive refusal or non-treatment by the Seller, to refund the Buyer of the order amount concerned. This amount will be billed to the Seller and cashed in the conditions displayed at the article 8.3. of these General Conditions.

7.3 In case of a claim and until the resolution of the dispute, Anka Marketplace keeps the right to temporarily block the Seller's Wallet. In the event of repeated claims against a same seller or an elevated cancellation rate from the same Buyer, Anka Marketplace also keeps the right to temporarily block the Virtual Wallet of the Member concerned, to suspend temporarily or definitely and/or suppress the Member's account.

7.4 In the event of a reclamation linked to a non-conform Product or to the use of the retraction right , the Buyer pledges to send back the Product to the Seller. In particular the Buyer commits to pack correctly the Product and to take the effective precautions to its shipment.

7.5 The Buyer that paid a Product by credit card through the secure payment system of the Platform will be refunded on his Virtual Wallet. In the event of a refund on this Wallet the Buyer can use the Virtual Wallet to realize other purchases on the Platform or at all time ask for transfer the amount on his wallet to be credited on his bank or Paypal account.

8. FINANCIAL DISPOSITIONS

8.1 Anka Marketplace Commission

Anka Marketplace gets paid on the intermediation between Buyer/Seller and the services provided by perceiving a monthly fee and/or commission according to the principles described at the present article.

Anka Marketplace keeps the right without indemnity, to modify its policy regarding the sale of Products on the Platform and/or the commission received by Anka Marketplace and inform its members. In the event of reduction of such commissions and fees, these modifications will be effective as soon as they're on the Website. If the modification is temporary (for example during exceptional promotion days), the duration of this modification will also be communicated to the members and displayed on the Website. In case of the rise of these fees and commissions , Anka Marketplace will notify the Sellers that will be obliged to accept the new modifications. These modifications will be effective at the announced date or by default the month following the month during which these modifications were notified to the Sellers. If the Seller does not accept the new applicable financial conditions, he is free to terminate the present General Conditions respecting the article 11 of the present General Conditions, which will lead to the cancellation and suppression of his account in the disposition announced at the article 11.1 of the present General Conditions.

8.1.1 Classic Offer

In the case of a “classic” seller, a subscription formula of your choice will be due:

• A quarterly subscription of €60
• A half-yearly subscription of €100
• An annual subscription of €200

It will be taken automatically from the wallet, funded by payments or by any other means made available to Anka Marketplace.

This subscription will be renewed tacitly, whether quarterly, half-yearly or annually. In order to put an end to it, the Seller must make a formal request to Anka Marketplace.com customer service who will take it into account before the next expiry of their subscription.

In addition, as compensation of the intermediation service supplied by Anka Marketplace, the Seller agrees to pay Anka Marketplace, following the acceptance of the order and its payment, a commission take of of 12% including tax, as well as transactional fees of 4% on the total amount of the order including shipping costs.

In case of refund to the Buyer, the commission due to Anka Marketplace will be deducted from the next commissions, in proportion to the amount refunded to the Buyer and the Seller commits to pay the rest of the commission due. In these cases, the refund will be done pro rata of the amount refunded to the Buyer and the Seller commits to pay Anka Marketplace of the commission balance eventually due. It is however stipulated that Anka Marketplace will not refund the commission to the Seller in the hypothesis where (i) the Seller refuse to acknowledge a claim of a Buyer or does not treat in less than 48 hours and Anka Marketplace refunds the Buyer or (ii) more generally, if the Seller does not respect the obligations stipulated in the present General Conditions of Use. In the event of the implementation by Anka Marketplace of specific operations (such as affiliation programs and/or partnerships with other companies and/or websites), the amount of the commission planned in these General Conditions might be modified. In this case, Anka Marketplace will inform in advance each Member of the commission applied for such operation.

8.1.2 Top seller offer

Anka Marketplace reserves the right to evaluate at creation and weekly, if a Seller qualifies to be billed as a “Top Seller” and how he will be billed.

In the case of a “Top seller”, a subscription formula of your choice will be due:

• A quarterly subscription of €60
• A half-yearly subscription of €100
• An annual subscription of €200

It will be taken automatically from the wallet, funded by payments or by any other means made available to Anka Marketplace.

This subscription will be renewed tacitly, whether quarterly, half-yearly or annually. In order to put an end to it, the Seller must make a formal request to Anka Marketplace.com customer service who will take it into account before the next expiry of their subscription.

In addition, as compensation of the intermediation service supplied by Anka Marketplace, the Seller agrees to pay Anka Marketplace, following the acceptance of the order and its payment, a commission take of of 6% including tax, as well as transactional fees of 4% on the total amount of the order including shipping costs.

In case of refund to the Buyer, the commission due to Anka Marketplace will be deducted from the next commissions, in proportion to the amount refunded to the Buyer and the Seller commits to pay the rest of the commission due. In these cases, the refund will be done pro rata of the amount refunded to the Buyer and the Seller commits to pay Anka Marketplace of the commission balance eventually due. It is however stipulated that Anka Marketplace will not refund the commission to the Seller in the hypothesis where (i) the Seller refuse to acknowledge a claim of a Buyer or does not treat in less than 48 hours and Anka Marketplace refunds the Buyer or (ii) more generally, if the Seller does not respect the obligations stipulated in the present General Conditions of Use. In the event of the implementation by Anka Marketplace of specific operations (such as affiliation programs and/or partnerships with other companies and/or websites), the amount of the commission planned in these General Conditions might be modified. In this case, Anka Marketplace will inform in advance each Member of the commission applied for such operation.

8.2 Billing and Payment Mode

The commission and all other fees due to Anka Marketplace will automatically be deducted from the amounts credited on the Virtual Wallet of the Seller in case of payment through the secure payment system of Anka Marketplace at the time of the confirmation by the Seller of the order (at maximum 48 hours after the order). They will be automatically debited on the Virtual Wallet of the Seller, including in negative if the current balance is not sufficient. Anka Marketplace keeps the right to debit at any time the amount of commission and fees due by the Seller on his Virtual Wallet or the latest payment method he used on the platform.

The amount left due must be paid by the Seller by credit card or Paypal at any time and maximum 5 work days after the end of each month. In the event of nonpayment in these delays, a delay fee of 10% of the amount per week of delay due could be asked. If a Seller wishes to settle his commission by another mean, he must make the express and formal request to Anka Marketplace by email on [email protected].

In the event of payment by the Buyer using the secure payment system, the Seller could ask for the wiring of the balance , in accordance with the requirements of the article 6 of the General Conditions; the wire on this bank account will be done on the next Wednesday. The Seller must register his bank information beforehand on his account. For the Sellers outside of the SEPA zone, additional fees can be applied.

It is important to note that any subscription replaces the current one for the duration of the package chosen, with no pro-rata or refunding occuring.

The Seller will access the history of his bills to Anka Marketplace in his account member space.

8.3 Recurring payments, subscriptions and other deferred payments

Using the Anka Marketplace Virtual Wallets, the users of the Platform can also implement recurring payments such as the payment in 3 times.

It is mandatory to stipulate that all subscription to recurring payments includes the commitment to pay on due date and time the expected amounts, no matter the current financial condition of the committed party. Specifically, all failure or delay in payment due to the beneficiary of the recurring payments can be subject to additional treatment and recovery fees.

In the case of a subscription to a trimestrial (3 month) or semestrial (6 month) recurring payment, at the term of each period, the subscription will be automatically renewed and the amount of the subscription will be charged for the same duration and without specific alert.

In the event that a Member wishes to terminate his recurring payments, he should make the demand formally and specifically by email to [email protected], and specify the reason for his termination. If this demand is accepted, it would not be effective until the next event of the subscribed service

8.4 Boost packs and other highlighting services

The sponsored views are priority views that a Seller can buy to advertise his products. Indeed, by using these views on selected products , these products will appear in the dedicated spaces to this effect in the category pages, collections and corresponding searches. The countdown goes as follows: each view by a user on a page of a sponsored product consumes 1 credited view by product. For instance if a visitor sees 3 pages with 10 product sponsored by a seller on it, 30 (3x10) credit views will be debited from the boost account.

The Seller can modify at any time the boosted products in his personal space in the “Boost Your Products” section , and also buy the corresponding offers. It is also important to note:

• Anka Marketplace keeps the right to accept, moderate or refuse any boost, even paid by the Seller, to preserve the offer quality and experience on the platform , without indemnities in case of disagreement.
• That also includes boosting of products on social networks or newsletters, Anka Marketplace does not have to realize them if it does not judge it valuable or pertinent enough for its audience. Boost packs are first and foremost for sponsored views, any complementary actions are up to Anka Marketplace’s approval.
• In the event of a complementary boost on social networks or newsletter accepted, Anka Marketplace will contact the seller to exchange together on the content to boost. Without an answer in the following 48 hours, Anka Marketplace can cancel the boost and lead as it sees fit, without indemnities

9. PLATFORM PROPERTY

9.1 The Platform, the Website, its Contents, catalog, texts, illustrations, photographs and pictures respective , and all other visual or sound elements, including the underlying technology used, are exclusive property of Anka Marketplace and/or the contract linked parties holding the intellectual properties rights pertaining to the Platform. Notwithstanding what precedes, the Contents supplied by each Member are and remain the property of each Member, under the restriction of the license granted by the Member to Anka Marketplace and to the Users respecting the articles 3.9 and 3.10 of the present General Conditions.

Anka Marketplace is entirely free to use any content uploaded to the platform for its communication, promotion and presentation of the platform or the shop the said Member.

9.2 It is strictly forbidden to reproduce, represent and/or exploit all or part of the Platform, the Website, its content, catalog, texts, illustrations, photography and pictures and any other visual or sound elements, including the underlying technology used, without the authorization of Anka Marketplace beforehand. Notwithstanding what precedes, the User of the Platform is authorized to reproduce (including by downloading or printing all or part of the Platform) and represent all or part of the Platform, to strictly private and personal use at the exclusion of all commercial and lucrative purposes.

9.3 All people that edit the Website and wish to create a direct hyperlink to the Website must ask the authorization for Anka Marketplace by formal and written request. The authorization of Anka Marketplace woll in no case be granted in a definitive manner. This link must be suppressed at first demand of Anka Marketplace

9.4 The HyperText links to the Website that use techniques such as framing and in-line linking are strictly forbidden..

10. LAW CONFORMITY

10.1 Each Member commits to respect the law, regulations and norms of all sort effective and relative to the use of services proposed via the Platform, to the sale, purchase and solicitation of purchase offers or to the sale of objects

10.2 Also each Member recognizes expressly that the use of Anka Marketplace services can lead to a qualification as « storekeeper » as defined in the article L121-1 Commerce Code and that additional obligations can apply as his quality of professional.

10.3 In the event of characterized fraud (fraudulent copy, embezzlement, illegal importation, etc..) or on demand Anka Marketplace will communicate all necessary information, including nominative, to the competent authorities in charge of the repression of the said fraud and infractions.

11. DURATION AND RESILIATION OF THE GENERAL CONDITIONS

11.1 The present General Conditions are concluded for an undefined duration and are terminable at any moment by the Member or by Anka Marketplace, without any particular motive, by e-mail or on the Platform. All termination will take effect at the end of the month following the month during which the notification has been received.

11.2 Without excluding other means of resort, Anka Marketplace keeps the right to issue a warning, suspend definitively or temporarily the registration of a member, and to end immediately and to cease to supply services in any of the following cases:

(i) in the event of violation of the present General Conditions or the document that are incorporated by reference;
(ii) if Anka Marketplace is unable to verify or authenticate the information supplied, and that the Member doesn't react to its request of verification and/or authentication;
(iii) if the acts of the Member are susceptible to engage the responsibility or image/reputation of Anka Marketplace, of the Member or any other Member.

11.3 In the event of termination, the account of the Member will be deactivated and the Blog and/or Shop of the Seller/Blogger will be inaccessible and disappear from the search engine tool of the Platform at the effective date of termination

12. ACCOUNT SUPPRESSION

12.1 If a Member wishes to suppress his account, he must send his request to [email protected]

12.2 Anka Marketplace will suppress the account of a Member that asks for it, under the limit that all orders have been ended, reclamations, reclamations, retractation reights and refund requests have been handled and no other operations are running.

13. RESPONSIBILITY

13.1 Anka Marketplace is only engaged in an obligation of means.

13.2 In its quality of host of the Contents uploaded by the members, AFRIREA cannot be held responsible for the Contents published on its Platform or the Website by the Members.

13.3 Regarding the Professional Sellers, in the event of a proven fault done by Anka Marketplace, the responsibility of Anka Marketplace, whatever the circumstances cannot exceed the most important of the following amounts :

(i) the total amount of commission paid by the said Seller during the last 12 months preceding the said responsibility action ; or

(ii) 100 euros.

13.4 All members are invited to alert Anka Marketplace in the event of a violation of the present General Conditions, notably in the event he notices the sale offer of Forbidden Products, to the following address: [email protected]

13.5 Every Member has to alert Anka Marketplace in the event of a violation of the present General Conditions, especially if he notices the sale of forbidden products or contacts to the following address: [email protected]

13.6 Anka Marketplace cannot be held responsible for dispute between Members.

14. EVIDENCE

14.1 The parties acknowledge that the production by Anka Marketplace of the recordings on the Anka Marketplace servers of the use of the Platform, and notably of the nominative access codes of the Members and the logs of connection, will be valid evidence between the parties

15. GENERAL STIPULATIONS

15.1 Anka Marketplace keeps the right at any moment and at its own discretion to suspend and stop the access to the Platform or the Website and/or the exploitation of the Platform, as a whole or in part, notably for maintenance intervention, operational necessities, internal choices or in emergency needs. It is agreed that such interventions would not in any case engage Anka Marketplace's responsibility, nor give rights to indemnities or damage and interests to the benefit of a member or User of the Platform. Anka Marketplace also keeps the right to take out or modify any content on the website for commercial, marketing, merchandising, technical or any other reason without being held responsible for issues following or give base for litigation of a Member or User of the Platform.

15.2 Except express stipulation contrary to the present General Conditions , all notification to Anka Marketplace must be sent by e-mail (at [email protected]).

15.3 Any notification sent to Anka Marketplace but destined to a member will be by default sent to the Member on the email address given at registration. The notifications are recognized as received by a Member 24 hours after the sending of the email, except if the sender is notified of the invalidity of the email address.

15.4 The notifications can also be sent to the Member, by recommended letter with reception notice, to the address communicated at registration. The 24 hour delay is then extended to 3 days after the sending of the mail.

15.5 The present General Conditions, with the mentioned documents in the general Conditions that are incorporated by reference, constitute the integrality of the agreement concluded between the parties. Anka Marketplace keeps the right to modify the General Conditions and will inform each Member by email.

15.6 Under the restriction of the stipulations at the article 8.1 regarding the modification of the Financial commission policy and the article 8.2 regarding the billing modalities, the modifications to the General Conditions will be effective 15 days after being uploaded. During this period of 15 days, each Member can notify to Anka Marketplace his refusal of these changes, in which cases the present General Conditions and so his right to use the platform will be terminated at the end of the 15 days period.

15.7 In the event of one or several modalities appearing in the General Conditions to be illegal, non-invocable or inapplicable by a court decision, the other stipulations of the General Conditions will stay effective, at the condition that the general economy of the General Conditions are not shaken by it.

15.8 Each Member accepts that the rights and obligations issued by the present General Conditions and including the documents that are incorporated by reference, can freely and by full right be ceded by Anka Marketplace to a third party in the event of asset handover, fusion or acquisition.

15.9 Anka Marketplace's tolerance to a negligence of the present General Conditions by a Member or a third party, will not distort in any way its right and actions against any similar or ulterior negligence.

16. APPLICABLE LAW AND COMPETENT JURIDICTION

16.1 The present General Conditions are read and interpreted conforming to the French law.

16.2 The french courts will have competence to pronounce on the disputes susceptibles to arise between the parties relatives to the execution of the present.

BY EXCEPTION TO ALL THAT PRECEDES, ANY DISPUTE WITH A MEMBER ACTING AS PROFESIONAL IS OF EXCLUSIVE COMPETENCE OF THE BOBIGNY COMMERCE COURT.

16.3 The disputes between Members must be fixed between them, and Anka Marketplace is not required to intervene or settle the said dispute.