Terms and Conditions

1. Preamble

These general terms and conditions of sale define the rights and obligations of Marimika SUARL and the Customer for products offered by Marimika SUARL on its website www.marimika.com (hereinafter "the Site"). They apply exclusively between the company "Marimika SUARL", Corniche des Almadies, Zone 2, No. 14, BP 29131 DAKAR-YOFF, SENEGAL (hereinafter "Marimika SUARL") and any individual consumer visiting or making a purchase via the Site (hereinafter "the Customer"). All orders placed on the Site are subject to these general terms and conditions of sale. These terms and conditions are subject to change and updates; the terms and conditions applicable to a customer's order are those in effect on the date the order is placed. These changes are published online and are deemed accepted without reservation by any visitor accessing the Site after their publication. These general terms and conditions of sale are subject to Senegalese law, except for mandatory provisions to the contrary such as those arising from the Rome Convention on the law applicable to contractual obligations of 19 June 1980.

These Terms and Conditions are subject to Senegalese law.

2. The Client

The Customer of the Website must be a consumer, a natural person of legal age and legally capable, or have parental authorization allowing them to place an order on the Website. When placing an order, the Customer must fill out an order form specifying certain mandatory fields so that their product order can be processed by Marimika SUARL. The information provided to Marimika SUARL in connection with each order must be complete, accurate, and up to date. Marimika SUARL may, if necessary, via the Website or by email (marimika@marimika.com), ask the Customer to confirm this information and their identity by any means. The Customer is responsible for the consequences of providing false or inaccurate information or information that is unlawful to disclose. Marimika SUARL collects personal data on the Website. This data is necessary for processing the order and may be communicated in whole or in part to Marimika SUARL's service providers involved in the execution of the order. In accordance with Law No. 2008-12 of January 14, 2008, relating to information technology, files, and civil liberties, the Customer has the right to access, modify, rectify, oppose, and delete personal data concerning them. To exercise this right, they simply need to send an email to marimika@marimika.com. Translated with DeepL.com (free version)

3. The Product

The products offered for sale are those listed on the Website on the day the Customer places their order, subject to availability. However, Marimika SUARL reserves the right to withdraw products from sale at any time. Despite the care taken by Marimika SUARL to keep its Website up to date and to present and describe the products, it is possible that non-substantial errors may appear on the Website, which the Customer acknowledges and accepts. Elements such as photographs, text, graphics, and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges. The Customer is fully aware that the images, photos, and colors of the items offered for sale may not correspond to the actual colors due to the effect of the Internet browser and screen used. In any event, in the event of non-conformity of the product delivered with its description on the Website, Marimika SUARL undertakes to remedy the situation, with the consumer being able to either exercise their right of withdrawal or invoke Marimika SUARL's guarantee of conformity. It is possible that, following an order, the Customer may receive an item that has been previously returned by another person. It is specified that Marimika SUARL only accepts the return of intact and unworn Products, both of which are checked before the returned Products are put back into stock. If the products ordered are no longer available for any reason, Marimika SUARL will inform the customer by email as soon as possible and refund any amount invoiced and collected from the customer by crediting the customer's credit card. Marimika SUARL shall not be held liable for any permanent or temporary unavailability, nor shall this give rise to any right to compensation or damages in favor of the Customer.

4. The Order

4.1 The steps

The Customer may freely browse the Website without being bound by any obligation to place an order. Before finally confirming their order, the Customer will have the opportunity to check the details of the order and its total price, and to correct any errors, before confirming the order to express their acceptance.

4.2 Verification

The products are intended for the customer's strictly personal use, without any direct connection to their professional activity. Marimika SUARL shall also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order, as well as any order that does not comply with these general terms and conditions of sale. Marimika SUARL shall not be held liable to the Customer or any third party for the decision to remove a Product from the Website, or for the decision to replace or modify any content or information appearing on this Website, or for the refusal to process an Order after sending the confirmation email summarizing the Order. In such cases, Marimika SUARL will inform the customer by telephone or email. If the customer fails to correct any information that is incorrect or contrary to these general terms and conditions of sale with Marimika SUARL, Marimika SUARL reserves the right not to process the order.

4.3 Confirmation

Confirmation of the Order constitutes confirmation of the customer's acceptance of the GTC, the Products purchased, their price, and any associated costs. The entire order will only be confirmed after payment has been accepted. Once the order has been confirmed, Marimika SUARL will send an email to the Customer confirming acceptance of the order. To this end, the customer formally accepts the use of email for confirmation by Marimika SUARL of the content of their order. However, for orders placed on the Website, it is recommended that the Customer also keep a copy (in electronic format and/or on paper) of the items relating to their order (for example, the confirmation email sent by Marimika SUARL).

4.4 Retention of title

The products ordered remain the property of Marimika SUARL until full payment of the order price, including delivery costs, has been received. On the actual date of delivery, the risks, in particular of loss, damage, or theft of the products ordered and delivered, are assumed by the Customer.

5. Prices & Payment

The prices displayed on the Website are firm and indicated in CFA francs (XOF), EUROS, or US DOLLARS, the currency to be selected on the Website, and include all taxes (VAT included), excluding delivery costs. Shipping costs, order processing fees, and packaging costs will be indicated in the Customer's shopping cart before the order is finalized. Prices are subject to change at any time without notice, particularly in the event of changes in tax or economic data. Items will be invoiced based on the prices in effect at the time the order is placed, subject to availability. Full payment must be made at the time of ordering. At no time may the amounts paid be considered as deposits or down payments. The Customer pays for their order by credit card (Visa, Mastercard, etc.) or in cash if the product is delivered by hand within Senegal. For all transactions, the Customer shall provide the number on the front of their card, the card's expiry date, and the security code on the back of their card (the last three or four digits). By providing their credit card number, the Customer authorizes Marimika SUARL to debit their account for the amount of their order. No cash on delivery shipments will be accepted, regardless of the reason. Marimika SUARL retains ownership of the item until full payment has been received from the Customer. Purchases are made securely. The payment solutions adopted by Marimika SUARL are 100% secure. For credit card payments, all information provided by Customers to Marimika SUARL is strictly protected and guarantees the compliance and security of each transaction.

6. Delivery

Marimika SUARL delivers its products worldwide (with the exception of a few countries not available through DHL Senegal). Deliveries are made by DHL Senegal, Monday through Saturday, depending on the option chosen by the Customer when confirming their Order. Delivery refers to the transfer of physical possession of the Products to the Customer (the “Delivery”). When Marimika SUARL is responsible for shipping the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery. As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by Marimika SUARL. Products are shipped to the delivery address specified by the Customer when placing the order. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the website are indicative times, corresponding to average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, city, country, etc.). In the event of a delivery delay of more than 7 business days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund for their order. If the item has been shipped before receipt of the order cancellation due to a delivery delay of more than 7 days, Marimika SUARL will refund the item and the shipping and return costs upon receipt of the item, complete, in its original condition and with all labels. Marimika SUARL undertakes to inform the Customer of the progress of their order. The customer must check that the products are in good condition upon delivery and that the delivery is complete. Any anomalies or missing items must be reported by the Customer, who undertakes to notify the carrier and Marimika SUARL by any means, of any reservations within 3 days of receipt of the product. In the event of a missing item, Marimika SUARL will conduct an internal investigation and contact the carrier, which may take up to 15 days. If the product is found within this period, it will be shipped to the customer without delay and at no additional cost. If it is not found, at the end of this period the missing product will be re-shipped to the customer at Marimika SUARL's expense. Marimika SUARL cannot be held responsible for the consequences of a delay in delivery that is not its fault or in cases of force majeure.

7. Right of withdrawal

Within twenty (20) days of receiving their order, Customers may request that Marimika SUARL return or exchange the product(s). To exercise their right of withdrawal, Marimika SUARL asks Customers to notify them by any means, in particular by email to marimika@marimika.com, and then follow the return instructions for the order concerned. The customer must specify whether they want a refund or an exchange of the product (same product in a different color and/or size), subject to availability in stock. The customer may also contact customer service by email at marimika@marimika.com for further information. Return shipping costs are shared. The customer is responsible for returning the product in question and Marimika SUARL is responsible for shipping the new product. The risks associated with returns are borne by the Customer. The Customer is therefore strongly encouraged to return the package by any means that provides proof of shipment and a definite date (tracked letter). The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, to the following address:

Any damage to the original packaging will void the right of withdrawal. Products returned incomplete, damaged, deteriorated, or soiled due to the customer's fault will not be refunded or exchanged. If the item is not returned by the Customer within one week of receiving the postage label, the return will be considered canceled and the Customer must keep the product. The returned Product will be refunded within a maximum of three (3) weeks from its receipt by Marimika SUARL, by crediting the amount to be refunded to the Customer's bank account. If the Customer fails to comply with these terms and conditions, in particular the terms and conditions of return or exchange, Marimika SUARL will not be able to refund the Products concerned.

8. Warranties & Liability

Marimika SUARL's liability with regard to any Product purchased on the Website is strictly limited to the purchase price of the Product. Marimika shall in no event be liable for the following losses, regardless of their origin: loss of revenue or sales, loss of business, loss of profits, loss of data, loss of time, or damage to reputation. Marimika SUARL products sold on the Site are subject to the legal guarantees of the “New Code of Civil and Commercial Obligations” in force in Senegal.

Les produits de Marimika SUARL vendus sur le Site sont soumis aux garanties légales du « Nouveau Code des Obligations Civiles et Commerciales » en vigueur au Sénégal.

9. Intellectual property

The intellectual property rights attached to the items offered for sale on the Website are the exclusive property of Marimika SUARL, either as the original owner or as a result of authorization. Any reproduction, exploitation, distribution, use, or alteration, in whole or in part, for any reason or purpose whatsoever, without the prior written consent of Marimika SUARL is prohibited.

10. Force majeure

In the event of a force majeure event, the affected party must notify the other party within one week of the occurrence of such event, by email to marimika@marimika.com. All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.

11. Cookies

Marimika.com may place cookies on the customer's computer, but these do not allow the customer to be identified. The customer may refuse this by configuring their browser accordingly.