dosta terms & CONDITIONS

Last update on March 26, 2022

Interpretation & Definitions

Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning whether they appear in the singular or in the plural.
definitions
For the purposes of these Terms and Conditions:

Application
means the software program provided by the Company that You download to any electronic device, named Dosta.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) into which the Application was downloaded.

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, interests or other securities entitled to vote for the election of directors or other authority Management.

Account means a unique account created for you to access our Service or parts of our Service.

Country refers to the Democratic Republic of the Congo.

Company (hereinafter referred to as "the Company", "We", "Us", or "Our" in this Agreement) refers to Opale et Cie, 75A Avenue Ngongo Lutete, Kinshasa.

Device means any device that can access the Service such as a computer, mobile phone or digital tablet.

Feedback means comments, feedback, or suggestions you send regarding the attributes, performance, or functionality of our Service.

Goods means items offered for sale on the Service.

Orders means a request by you to purchase Goods from us.

Promotions means contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application.

Terms and Conditions (also referred to as "Terms") means these Terms and Conditions which constitute the entire agreement between you and the Company regarding the use of the Service.

Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.

You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the terms and conditions governing the use of this service and the agreement that operates between you and the company. These Terms and Conditions define the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.

You declare that you are over 18 years old. The Company does not allow anyone under the age of 18 to use the Service.

Your access to and use of the Services is also conditioned upon Your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the App or Website and tells you about Your privacy rights and how the law protect You. Please read our privacy policy carefully before using Our Service.

Placing orders for goods

By placing an order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
Your information
If You wish to place an Order for Goods available on the Service, You may be asked to provide certain information relating to Your Order, including, without limitation, Your name, Your e-mail address, Your telephone number, Your number credit card number, expiration date of Your credit card, billing address and shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card or any other method of payment in connection with any Order; and that (ii) the information you provide to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third party payment processors for the purpose of facilitating the fulfillment of your order.
Order cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to:

· Availability of goods
· Errors in the description or prices of the Goods
· Errors in your order

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Your order cancellation rights
Any merchandise you purchase can only be returned in accordance with these terms and conditions and our return policy.

Our return policy is an integral part of these terms and conditions. Please read our return policy to learn more about your right to cancel your order.

Your right to cancel an Order only applies to Goods which are returned in the same condition as you received them. You must also include all product instructions, documents and packaging. Merchandise which is damaged or not in the same condition as you received it or which is worn simply beyond the opening of the original packaging will not be refunded. You must therefore take reasonable care of the Goods purchased while they are in Your possession.

We will refund You no later than 14 days from the day We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any costs for this refund.

You shall have no right to cancel an Order for the supply of any of the following Goods:

· The supply of Goods made to Your specifications or clearly personalized.
· The supply of Goods which, according to their nature, are not suitable for return, deteriorate rapidly or whose expiry date has passed.
· The supply of Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery.
· The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
· The supply of digital content which is not supplied on a material medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of the right of withdrawal.
Availability, errors and inaccuracies
We are constantly updating our listings of Goods on the Service. Goods available on our Service may be mispriced, inaccurately described or unavailable, and we may experience delays in updating information about our Goods on the Service and in our advertisements on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.
Pricing policy
The Company reserves the right to revise its prices at any time before accepting an Order.

The prices indicated may be revised by the Company after the acceptance of an Order in the event of an event affecting the delivery caused by governmental action, a variation in customs duties, an increase in shipping costs, exchange costs higher and any other matters beyond the Company's control. In this case, You will have the right to cancel Your Order.
payments
All Goods purchased are subject to a single payment. Payment can be made via various payment methods available to us, such as Visa, MasterCard, Affinity Card, American Express, online payment methods (PayPal, for example), mobile money services of telephone operators such as such as Vodacom, Orange, Airtel and Africell, or in cash.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order.

Promotions

Any promotions made available through the Service may be governed by rules separate from these Terms.

If you participate in promotions, please review the applicable rules and our privacy policy. If the rules for a promotion conflict with these Terms, the promotion rules will apply.

User accounts

When you create an account with us, you must provide us with accurate, complete and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of Your account on Our Service.

You are responsible for safeguarding the password you use to access the Service and for any activity or action under your password, whether your password is with our Service or a third-party social media service.

You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or which is not legally available for use, a name or mark which is subject to the rights of another person or entity other than you without proper permission, or a name that is otherwise offensive, vulgar or obscene.

Intellectual property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and shall remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other domestic and foreign laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your feedback to us

You assign all right, title and interest in any Feedback you provide to Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub - license, distribute, modify and exploit these comments without restriction.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over the content, privacy policies or practices of third-party websites or services and assumes no responsibility in this regard. You further acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or reliance on any such content, goods or services available on or through such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We may terminate or suspend your account immediately, without notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If you wish to terminate your account, you can simply stop using the service.

Limitation of Liability

Notwithstanding any damages you may suffer, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or $100 if You did not purchase anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy resulting from or in any way related to the use or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In such states, each party's liability shall be limited to the fullest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, in with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties which may arise from course of dealing, course of performance, use or trade practices. Without limitation to the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind that the Service will meet Your requirements, achieve the expected results, be compatible or work with any other software, application, system or service, will operate without interruption, meet any standard of performance or reliability, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of its suppliers makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products including; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or emails sent by or on behalf of the Companies are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such event, the exclusions and limitations set forth in this Section shall apply to the fullest extent applicable under applicable law.

Applicable right

The laws of the country, excluding its conflict of laws rules, will govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

Dispute Resolution

If you have any concerns or dispute regarding the Service, you agree to first try to resolve the dispute informally by contacting the Company.

For users in the European Union (EU)

If you are a European Union consumer, you will benefit from all mandatory provisions of the law of the country in which you reside.

US Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any US government list of prohibited or restricted parties.

Severability and Waiver

SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified and construed to achieve the purposes of that provision to the fullest extent possible under applicable law and the remaining provisions will remain in full force and effect.
WAIVER
Except as otherwise provided herein, failure to exercise any right or to require performance of any obligation under these Terms shall not affect a party's ability to exercise such right or to require such performance at any time thereafter, and the waiver of any breach will not constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text will prevail in the event of a dispute.

Changes to these terms and conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will use reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined in Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact us

If you have any questions about these Terms and Conditions, You can contact us:
· By email : help@dosta.app
· By phone : +243 900-136-782
Instant delivery
DOSTa
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DOSTA
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  • Customer Service 24/7
    +243 900-1DO-STA
    +243 900-136-782

    75A, Avenue Ngongo Lutete
    Kinshasa, Democratic Republic of the Congo

    © 2022 Dosta.