Terms and Conditions of Use

Last updated on April 19, 2023

PREAMBLE

Soukpro is an online platform for professionals that allows professional buyers (hereinafter "Buyers") to connect with professional sellers (hereinafter "Merchants") for the online purchase of office equipment (hereinafter "Products"). The Platform is accessible to Buyers at the following address: https://www.soukpro.com.It is recalled that Soukpro acts as an intermediary between Buyers and Merchants and should not be considered as a reseller of the Products offered by Merchants within the Platform. The Products are shipped and delivered to Buyers by Merchants, under their sole responsibility. Buyers are informed and acknowledge that the Platform is reserved for use by professionals, acting within the scope of their commercial, industrial, craft, or liberal activities, and not for consumers.

ARTICLE 1. DEFINITION

Platform: Refers to the Soukpro website and mobile applications that allow professional sellers to offer products and professional buyers to purchase them.
Stands (also referred to as "Shop"): Refers to the online space provided to each professional seller on the Platform to showcase and sell their products.
Client Account: Refers to the individual account created by each buyer upon registration on the Platform, allowing them to access the Platform's features and place orders with professional sellers.

ARTICLE 2.PURPOSE

These General Terms of Use of Soukpro (hereinafter "GTU") apply to any order, quote request, or contact for the purchase or sale of office equipment made on the Soukpro Platform.
The GTU may be modified or adapted at any time by Soukpro. The applicable GTU are those in force at the time of the order, quote request, or contact and must be accepted for each transaction.
These GTU may be supplemented by the Merchants' terms, especially regarding delivery times and fees, Product return conditions, and any commercial warranties granted by the Merchant, provided they comply with these GTU.
Soukpro acts as an intermediary between Buyers and Merchants and should not be considered as a reseller of the Products offered by Merchants on the Platform.

ARTICLE 3.CONDITIONS AND TERMS OF ACCESS TO THE PLATFORM

3.2.General Information

The Soukpro Platform is primarily intended for professionals and is accessible free of charge at https://www.soukpro.com. The User must have internet access to access the Platform. Any User can access, view, or use all or part of the Platform.
However, it should be noted that transactions on the Platform, such as quote requests, contacting sellers, and purchasing Products, are exclusively reserved for professionals acting within the scope of their activities. If a private individual wishes to make a transaction, they can submit a request to the seller, who will decide at their discretion whether or not to accept the request from a private individual.
The User is informed that the use of the Platform's services requires suitable software and computer hardware, as well as internet access, which are the User's exclusive responsibility. The User is therefore solely responsible for the proper functioning of their computer equipment and internet access.

3.3. Creating a Client Account

Before being able to request a quote or purchase products on the Platform, the User must create an Account on the Platform by providing a valid email address and a password that does not infringe on the rights of third parties. The User agrees to keep their password confidential.

By creating a Client Account, the User can benefit from the following features:

  • Manage their professional information (company information, mailing address, email address, password);
  • Request a quote on the Platform;
  • Place an order for products on the Platform;
  • Contact professional sellers with whom an order has been placed;
  • Track their orders and quotes;
  • View their invoices.

The User may request the deletion of their Client Account at any time.

3.4.Using the Platform

By using the Platform, the User declares to be a professional acting within the scope of their activities. However, if the User is a private individual, they acknowledge that the use of the Platform is reserved for professionals and that they use the Platform at their own risk and peril. The User agrees to comply with the following provisions:
(i) The User undertakes to comply with the laws and regulations in force regarding the purchase and sale of products in their country.
(ii) The User must respect the rules of use of the platform and refrain from posting any inappropriate or offensive content.
(iii) The User must protect their privacy and not communicate any personal or confidential information to other users of the platform.
(iv) The User must report any suspicious activity or any violation of the Platform's rules of use.

Soukpro reserves the right, without prior notice or compensation, to suspend or refuse the User's access to all or part of the Platform, as well as its services and content, temporarily or permanently, in case of serious or repeated violation(s) of these GTU. This measure applies in particular in the case of providing false, inaccurate, incomplete, or outdated information, payment fraud, attempted scams, or any other criminal offense. The list of these cases is not exhaustive.

ARTICLE 4.PRODUCTS

The Buyer can browse the various Stands offered on the Platform and select one or more Products that meet their professional needs. For each selected Product, they can access the corresponding Product Sheet to view its essential characteristics, such as description, technical specifications, price, delivery times, etc. The Product Sheet may also contain photos or videos of the Product to help the Buyer get a better idea of the Product.
The Buyer is informed that the product offers on the Platform are provided by the Merchants, who are solely responsible for the information communicated about the Products. The Products offered for sale on the Platform are available at the prices and conditions proposed by the Merchants, subject to availability. However, in the case where a Product is not offered for direct sale on the Platform, its price may not be available. In this situation, the Merchant may offer the Buyer to add the Product to the quote or to contact them for additional information.
The information regarding the availability of Products is regularly updated by the Merchants. However, it is possible that this information may be exceptionally incorrect or inaccurate. Therefore, the availability of Products will be subject to confirmation by the Merchant after each order under the specific conditions provided for in these GTU.
When the Merchant offers the "add to quote" or "contact the Merchant" features, the Buyer can also request a quote or contact the Merchant for information about the Product. This request is made directly on the Platform. The Merchant undertakes to respond to this request as soon as possible.

ARTICLE 5.ORDER AND INVOICING

Any order placed on the Platform implies the express and unreserved acceptance of these GTUV by the Buyer.
Placing an order on the Platform requires creating an Account on Soukpro. The Buyer undertakes to provide complete, accurate, and up-to-date information when placing an order.
Any communication related to the order, including confirmations, invoices, and other notifications, will be sent to the email address provided during the creation of the Client Account.
The Buyer is solely responsible for the accuracy of the information provided in the context of their order. Soukpro cannot be held responsible in the event of non-execution or poor execution of the order resulting from incorrect or incomplete information provided by the Buyer.

5.1.Prior Identification of the Buyer

The order of Products on the Soukpro Platform must be placed online by the Buyer previously identified. The User undertakes to provide complete, accurate, and up-to-date information when placing an Order.
The Buyer must immediately inform Soukpro in writing of any incident relating to their internet account (loss, theft, loss of login and password, etc.) so that Soukpro can, if necessary, block said internet account. All orders placed before this information will remain the exclusive responsibility of the Buyer.
In general, the Buyer is responsible for any online purchase made through their Soukpro internet account.

5.2.Ordering Process

The procedure for ordering products through the Platform is exclusively online and proceeds as follows:

  1. The Buyer must log in on the website www.soukpro.com.
  2. The Buyer has the option to add the Product(s) they wish to purchase to their cart or accept a commercial proposal issued by the Merchant following a quote request.
  3. After confirming their choice of Product(s), the Buyer must imperatively read and accept these GTU, as well as the specific general terms and conditions of sale (GTC) for the relevant Merchants, when validating their Order.
  4. After completing the previous steps, the Buyer will receive an email confirming the registration of their order.
  5. Within five (5) calendar days, the Merchant must confirm or reject the order placed by the Buyer. If the Merchant does not provide confirmation within the specified period, the contract between the Buyer and the Merchant is automatically canceled.
  6. Once the order is confirmed, the Merchant firmly undertakes to deliver the ordered Products within the specified timeframe and under the conditions provided for when validating the order placement.
  7. Upon receipt of the email confirming the shipment of their order, the Buyer must immediately confirm or deny, via their customer area, the proper receipt of each ordered product. If the Buyer does not confirm receipt of the products within 7 days from the date of the shipping notification, the products of the order will be deemed to have been received.

It is essential to specify that the platform does not manage the delivery or payment of Orders. These processes take place outside the platform and are directly handled between the Buyer and the Merchant. Soukpro's role as a marketplace is limited to facilitating the connection between Buyers and Merchants to enable them to conclude transactions.

5.3.Right of Withdrawal

In case of a withdrawal request, the Buyer must directly contact the Merchant to obtain their consent. If the Merchant agrees to the withdrawal request, the Buyer is then obliged to return the concerned Products directly to the Merchant, at their expense.
The Buyer is expressly informed that it is strictly forbidden to return any Product purchased on the Platform to a Merchant at Soukpro. The Buyer must imperatively comply with the Merchant's Return Policy and General Terms and Conditions of Sale for any return request. In case of a return request, we encourage the Buyer to contact the concerned Merchant through the Platform and follow the established return procedures for this purpose.

5.1. Invoicing

As a Platform operator, Soukpro may in some cases issue invoices relating to purchases made on the said platform, acting on behalf of and for the account of the concerned Merchants. Buyers are expressly informed that although the invoice is issued by the Marketplace, the invoiced amount remains due to the Merchant. The Marketplace's responsibility regarding invoicing is limited to the establishment of the said invoice, which is drawn up in accordance with the information provided by Merchants and Buyers.

ARTICLE 6.PRODUCT PRICES

6.1.Applicable Price

The price of the Products offered for sale on the Platform is freely set by each Merchant, in compliance with applicable laws and regulations. Each Merchant is responsible for the accuracy of the information on the Product Sheet, including the price. Thus, Soukpro can in no case be held responsible in case of an obvious error on the price.
The price of each Product offered for direct sale is mentioned in Algerian Dinar excluding VAT and including VAT on the Product Sheet and does not include delivery costs, which will be indicated to the Buyer before the final validation of their order.
The price of the Products can be changed by each Merchant at any time. The selling price of the Products is the one in force at the time of the order. However, in the case where the Merchant makes a commercial proposal following a quote request, the price mentioned in said proposal is firm and binding on the Merchant.
It is recalled that each Merchant is responsible for invoicing the VAT corresponding to the sale of the Products, in accordance with the applicable laws and regulations.

6.2.Payment of the price

The Platform does not collect any payment on behalf of the Merchant when validating the order. Payment must be made directly to the Merchant in accordance with the terms agreed between the Buyer and the Merchant. The payment methods accepted by the Merchant include cash payment, bank transfer, or check. Please note that Soukpro is not involved in the payment process and does not collect any payment on behalf of the Merchant.

The total amount of the order is indicated in Algerian Dinar, including all taxes (TTC), on the order validation page. Any delivery fees are specified before the final validation of the order.

The Buyer is informed that payment of their order implies acceptance of the prices and the ordered Products. It is therefore recommended for the Buyer to carefully check the total amount of their order as well as the ordered Products before paying the Merchant.

ARTICLE 7.ORDER DELIVERY

The delivery of the order placed by the Buyer can be ensured in France or internationally, in accordance with the delivery options offered by each Merchant on the Platform. Products are shipped by the Merchants to the address provided by the Buyer during their order.

7.1.Delivery times of products

In accordance with these GCU, the Merchant undertakes to ship the ordered Product(s) within the timeframe announced during the validation of the order. The delivery times announced by the Merchants are calculated in working days and are provided directly by the Merchants. These times include the processing, preparation, and shipping of orders, as well as the delivery time of the carrier used by the Merchant.
In case of non-compliance with the delivery times announced during the order, the Buyer may contact the concerned Merchant directly via their Customer account on the Platform. However, it is important to note that Soukpro cannot be held responsible for delays in delivery of Products sold by Merchants, in accordance with the applicable legal provisions, and no compensation may be requested from Soukpro in this regard.

7.2.Reservations

Upon receipt of their order, the Buyer or their authorized representative undertakes to check, before signing the delivery slip, the condition of the packages, the products inside the packages, and their conformity with the delivery slip and the ordered merchandise. In case of delivery conformity, the Buyer must affix their signature and commercial stamp on the transport document and/or accompanying document.
If anomalies are found, the Buyer must refuse the package(s), make reservations on the transport document, and confirm these reservations in writing within three (3) days following the receipt of the goods from the carrier. The Buyer must also inform the Merchant via their Customer account on the Platform, attaching photos if possible.
It is important to note that the mention "subject to unpacking/control" has no legal value. If the delivery slip is signed without any reservation and without written confirmation under the above conditions, the Buyer's Order will be deemed to have been delivered in conformity, and any subsequent claim will be considered inadmissible, except for hidden defects or flaws.
Consequently, it is the responsibility of the Buyer or their authorized representative to verify the condition and conformity of the delivered products before signing the delivery slip. Any claim must be made under the conditions specified above.

7.3.Delivery fees

The delivery of ordered Products may be subject to delivery fees, which are the responsibility of the Buyer in addition to the price of the Products.
These fees are determined by the Merchant based on the delivery options offered by the Merchant and chosen by the Buyer during their Order.
All delivery fees are clearly indicated and detailed before the Buyer validates their order on the Platform.

ARTICLE 8.WARRANTY AND AFTER-SALES SERVICE

8.1.Warranties

Any applicable commercial warranties for Products sold by Merchants on the Platform are specified in the Product Sheet provided by the Merchant.
The exercise of the Buyer's warranty rights must be carried out in accordance with the procedures indicated by the Merchant on their Store on the Platform. It should be noted that since Soukpro is not a party to the sales contract between the Buyer and the Merchant, the warranties and rights of the Buyer cannot be exercised with Soukpro, and the Platform's liability cannot be held in this regard.

8.2.After-sales service (ASS)

The Buyer is expressly informed that Soukpro does not provide any after-sales service for products sold by a Merchant via the Platform. After-sales service is exclusively provided directly by the Merchant and/or the provider designated by them. Consequently, Soukpro's liability cannot be held in this regard.

ARTICLE 9.PRODUCT RETURNS

In case of non-conformity of the order or defectiveness of the Product, the Buyer must contact the Merchant directly. To do this, they can request the return directly from the Merchant via their Customer area. The return conditions, including the procedures and deadlines, can be found on the concerned Merchant's Store page or can be obtained by contacting them.

ARTICLE 10.LIABILITY

As a technical intermediary, Soukpro only facilitates the connection between the Merchant and the Buyer on the Platform. Consequently, Soukpro's liability cannot be held with respect to sales concluded between Merchants and Buyers via the Platform, and Soukpro will not be required to intervene in disputes between the Merchant and the Buyer.
The Buyer releases Soukpro from any liability that may arise from the sale, particularly with regard to the conformity of the Products, the conformity of the sales offer, the conformity of the after-sales service, and the ownership of intellectual and industrial property rights related to the Products.
Soukpro's liability towards the Buyer can only be engaged for facts directly attributable to Soukpro as an intermediary and causing damage to the Buyer. It is specified that Soukpro has no role in the relationships created through the Platform.
The Merchant assumes full responsibility for the Products sold via the Platform and will handle claims related to the Products on their own. Soukpro can under no circumstances be held responsible in the event of a dispute between the Merchant and the Buyer concerning the sale of Products via the Platform.

ARTICLE 11.CLAIMS BY THE BUYER

In case of a complaint regarding the delivered Products, such as damaged Products, Products not conforming to the order or the Product Sheet, or missing Products, the Buyer is invited to contact the Merchant via the communication tools made available to them from their Customer account.
The Merchant is responsible for resolving the dispute with the Buyer. The Buyer must follow the instructions provided by the Merchant, particularly regarding return procedures for sending back the damaged or non-conforming Product.
Upon receipt of the Product and verification of the non-conformity or damage by the Merchant, the Merchant reserves the right to either replace the Product or fully refund the amounts paid by the Buyer for the purchase of the Product in question. This decision will be made at the Merchant's discretion, and no additional charge will be imposed on the Buyer for the delivery of the new Product.
Following the receipt of the Product by the Merchant, in case of verification of non-conformity or damage, the Merchant reserves the right, at their discretion, to offer the Buyer either the replacement of the Product without additional charges or the full refund of the amounts paid by the Buyer for the purchase of the Product in question.
The choice and purchase of a Product are the sole responsibility of the Buyer, who must check the conformity and compatibility of their installation with the purchased equipment. The Buyer must also ensure that their installation can support the specificities recommended by the manufacturer of their product.

ARTICLE 12.PERSONAL DATA

The Buyer expressly consents to their personal data being subjected to computer processing by Soukpro, in accordance with the conditions defined below:

12.1.Collection and use of personal data

As part of the use of the Platform, Soukpro collects personal data to ensure the proper functioning of the Platform, optimize the connection between Buyers and Merchants, as well as for the management of business relationships, quotations, orders, and customer complaints. This personal data may also be used to inform the customer of Soukpro's news and promotional operations.
The personal data collected include, but are not limited to: name, first name, email address, phone number, postal address, information related to transactions made on the platform, as well as any other useful information for optimizing the Customer-Soukpro relationship.
These data are collected and processed in a lawful, fair, and transparent manner, for specific and legitimate purposes, and are not subsequently processed in a manner incompatible with these purposes.

12.2.Personal Data Security

Soukpro implements measures to comply with data protection regulations, by putting in place appropriate technical and organizational measures to ensure the security and confidentiality of personal data. Access to client data is strictly limited to authorized persons for carrying out the purposes described, such as data processing, security, and IT maintenance. These measures aim to protect users' personal data and ensure their integrity and confidentiality throughout their processing on the Platform.

12.3.Users' Rights

In accordance with applicable legal provisions, the user has the right to access, rectify, delete, object, limit the processing, and portability of their personal data. They can exercise these rights by sending an email to Soukpro at the following address: contact(at)Soukpro.com.

12.4.Duration of Personal Data Retention

Personal data is kept for a duration necessary for the purposes for which they are collected and processed. They are then deleted, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.

12.5.Subcontracting

Soukpro may entrust the processing of personal data to subcontractors, in accordance with applicable legal provisions. Soukpro ensures that subcontractors provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures to ensure the security and confidentiality of personal data.

ARTICLE 13.INTELLECTUAL PROPERTY

13.1.Intellectual Property of the Marketplace

The marketplace is the exclusive property of Soukpro. All intellectual property rights related to the design, structure, layout, and content of the marketplace, including texts, images, videos, logos, trademarks, databases, and software, are the property of Soukpro or its partners.
Any reproduction, representation, modification, publication, transmission, commercial or non-commercial use, total or partial of the Marketplace, without prior written authorization from Soukpro, is prohibited and constitutes an infringement that may engage the civil and criminal liability of its author.

13.2.Intellectual Property of Content Posted by Users

Users are solely responsible for the content they post on the Platform. They guarantee Soukpro that they hold all necessary intellectual property rights for posting such content.
By posting content on the Platform, Users grant Soukpro a non-exclusive, free, worldwide, unlimited license, allowing the use, reproduction, representation, and modification of these contents on the marketplace, for promotional, advertising, animation, and development purposes of the Marketplace.

13.3.Intellectual Property of Data Collected by the Platform

The data collected by the Marketplace, including data relating to users and transactions, are the exclusive property of Soukpro. They are protected by laws relating to intellectual property and personal data.
Users authorize Soukpro to collect, store, and process their data, in the context of using the marketplace. They have the right to access, rectify, and delete their data, in accordance with current regulations.

ARTICLE 14.JURISDICTION AND APPLICABLE LAW

These General Terms and Conditions of Use are governed by and interpreted in accordance with Algerian law. Any dispute relating to the interpretation or execution of these GTU will be submitted to the exclusive jurisdiction of the Commercial Court of Algiers. In case of a dispute between a Buyer and a Merchant, the judicial jurisdiction will be determined in accordance with the applicable legal provisions and will be attributed to the competent court of the defendant's place of residence.