Terms and conditions of use

Having established that

  1. The "Site" or "Service" refers to the https://buyandget.shop/ website and all its pages.
  2. Is designated "Publisher", the establishment CONGO EXPRESSO responsible for the content and editing of the site buyandget.shop
  3. The term "User" refers to any Internet user visiting and using the Site and its services.
  4. The present General Terms and Conditions of Use (hereinafter the "GTCU") are proposed by the Site Editor. The User of the Site is invited to read these GCU carefully and to save them on a durable medium. The User acknowledges having read the GCU and accepts them in full and without reservation.

Article 1: Purpose and application

The purpose of these GCU is to define the conditions of access to the Site by Users. 

The Publisher reserves the right to modify the GCU at any time by publishing a new version on the Site. The GCU applicable to the User are those in force on the day of acceptance. The General Terms and Conditions of Use must be accepted by all Users. Access to the site implies acceptance of the general terms of use.

All Users have free access to the Site. The acquisition of a product or service, the creation of a member space or, more generally, browsing on the Site implies the User's acceptance of the entirety of these GCU. The User hereby acknowledges that he/she is fully aware of them.

This acceptance may consist, for example, in the User checking the box corresponding to the sentence of acceptance of the present GCU, for example with the words "I acknowledge having read and accepted all the general conditions of the Site". Checking this box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of the Publisher's automatic recording systems and, unless he/she provides proof to the contrary, waives the right to contest them in the event of a dispute.

Acceptance of these GCU implies that Users have the necessary legal capacity to do so. If the User is a minor or does not have such legal capacity, he/she declares that he/she has the authorization of a tutor, curator or legal representative.

Article 2: Legal information

This Site is published by CONGO EXPRESSO. Legal information concerning the Site's host and Editor, including contact details and any registration information, is provided in the Site's legal notice. Information concerning the collection and processing of personal data is provided in the Site's personal data charter. The purpose of this Site is defined as "Promotion and sale of everyday consumer products online".

Article 3: Site access

The Publisher makes every effort to ensure that the Site is accessible at all times, subject to maintenance operations on the Site or the servers on which it is hosted. In the event of inability to access the Site due to technical or other problems, the User shall not be entitled to claim any damages or compensation. Access to member services is by means of a login and password. For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without notice or justification. 

The Site Editor is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other. The User expressly agrees to use the Site at his or her own risk and under his or her sole responsibility.

The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, the Publisher cannot be held responsible for :

  • Any direct or indirect damage, including loss of profits, loss of earnings, loss of goodwill or loss of data, which may result from the use of the Site, or from the impossibility of its use;
  • Any malfunction, unavailability of access, misuse or incorrect configuration of the User's computer, or the use of a browser not frequently used by the User;

Article 4: Data collection

For the creation of the User's account, the collection of information at the time of registration on the site is necessary and obligatory. 

In accordance with the provisions of Law no. 20/017 of November 25, 2020 on telecommunications and information and communication technologies, the collection and processing of personal information is carried out with respect for privacy. Users have the right to access, rectify, delete and oppose their personal data.

Article 5: Intellectual property

All elements of this Site are the property of the Editor or a third party agent, or are used by the Editor on the Site with the authorization of their owner. 

Any representation, reproduction or adaptation of logos, textual, pictorial or video content, without this list being limitative, is strictly forbidden and constitutes counterfeiting. Any User found guilty of counterfeiting may have his or her access to the site removed without notice or compensation, and without this exclusion constituting damages, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Publisher or its agent.

Trademarks and logos contained in the Site may be registered by the Publisher or by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions envisaged in article 97 of the Ordinance-law n°86-033 of April 05, 1986 relating to the protection of the royalties and the close rights.

Article 6: Liability

The Publisher is not responsible for User publications, their content or their accuracy. Under no circumstances may the Publisher be held liable for any damage to the User's computer system and/or loss of data resulting from the User's use of the Site. The Publisher undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and up-to-date information. In principle, the Site is accessible at all times, except during technical maintenance operations and content updates. The Publisher shall not be held liable for any damage resulting from the unavailability of the Site or any part thereof.

The Site Editor may not be held liable for any technical unavailability of the connection, whether due to force majeure, maintenance, updating, modification of the Site, intervention by the host, internal or external strike, network failure or power cut. The Publisher cannot be held responsible for the non-operation, inability to access or malfunctioning of the Site attributable to unsuitable equipment, incorrect configuration or use of the User's computer, malfunctioning of the services of the User's access provider, or those of the Internet network.

Article 7: Hypertext links

The Site may include hypertext links to other sites. The User hereby acknowledges that the Publisher cannot be held liable for any damage or loss, whether proven or alleged, resulting from or related to the use or knowledge of the content, advertising, products or services available on these external sites or sources. Likewise, the Editor of the present Site cannot be held liable if the User's visit to one of these sites causes him/her any harm. 

If, despite the Editor's best efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply or does not appear to comply with the requirements of French law, the User undertakes to immediately contact the Site's publication director, whose contact details are given in the Site's legal notice, in order to provide him with the address of the pages of the third-party site in question.

Article 8: Cookies

During visits to the site, a cookie may be automatically installed on the User's browser.

A "Cookie" may be used to identify the User of the Site, to personalize the User's consultation of the Site and to speed up the display of the Site by recording a data file on the User's computer. The Site may use "Cookies" mainly for the following purposes:

  • To obtain browsing statistics in order to improve the User's experience;
  • Provide access to a member's account and to content that cannot be accessed without logging in.

The User acknowledges that he/she is aware of this practice and authorizes the Site Publisher to use it. The Publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. The User may refuse the recording of "Cookies" or configure his browser to warn him before accepting "Cookies".

Article 9: Independence of clauses

If any provision of the TOS is held to be illegal, invalid or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions. 

The GCU supersede all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sublicensable by the User. A printed version of the GTCU and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTCU. 

The parties agree that all correspondence relating to these GCU shall be in the French language.

Article 10: Contract duration

This contract is valid for an indefinite period. The beginning of the use of the services of the site marks the application of the contract with respect to the User.

Article 11: Applicable law and jurisdiction

These TOU are governed by and subject to the laws of the Democratic Republic of Congo.

 Except in the case of public policy provisions, any disputes that may arise in connection with the execution of these GTUs may, prior to any legal action, be submitted to the Site Editor for amicable settlement. 

You are expressly reminded that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided by public policy, any legal action relating to the performance of these GTUs shall be subject to the jurisdiction of the courts of the defendant's place of residence.

All rights reserved - April 13, 2023

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